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National Water Act, 1998 (Act No. 36 of 1998)

General Authorisations

General Authorisations in terms of Section 39 of the National Water Act 36 of 1998 for Water Uses as defined in Section 21(c) or Section 21(i)

Impeding or Diverting the Flow of Water in a Watercourse [Section 21(c)] or Altering the Bed, Banks, Course or Characteristics of a Watercourse [Section 21(i)]

3. Exclusion to this Notice

 

This Notice does not apply—

 

(a) to the use of water in terms of section 21 (c) or (i) of the Act for the rehabilitation of a wetland as contemplated in General Authorisation 1198 published in Government Gazette 32805 dated 18 December 2009,
(b) to the use of water in terms of section 21 (c) or (i) of the Act within the regulated area of a watercourse where the Risk Class is Medium or High as determined by the Risk Matrix (Appendix A). This Risk Matrix must be completed by a suitably qualified SACNASP professional member;
(c) in instances where an application must be made for a water use license for the authorisation of any other water use as defined in section 21 of the Act that may be associated with a new activity;
(d) where storage of water results due to the impeding or diverting of flow or altering the bed, banks, course or characteristics of a watercourse;
(e) to any section 21 (c) or (i) water use associated with construction/installation or maintenance of main or bulk sewerage pipelines, French drains, pipelines carrying hazardous materials. Notwithstanding this requirement, conservancy tanks of not more than 1 (One) tank per hectare  and internal  sewerage  reticulation  in residential and  mixed  use developments including minor sewerage connections to main sewers are not excluded from this Notice provided that the maximum flow in the pipelines are below the 120 l/s threshold;
(f) to any section 21 (c) or (i) water use associated with construction of water- and wastewater treatment works including package plants and septic tanks;
(g) to any section 21 (c) or (i) water use associated with any hazardous material within the regulated area of a watercourse; and
(h) to any section 21 (c) or (i) water use associated with mining activities and associated infrastructure unless it falls within appendix D1 or D2.

 

Notwithstanding the abovementioned exclusions, Emergency incidents or accidents related to sewerage and hazardous material infrastructure or any of the abovementioned exclusions can be dealt with in terms of section 6 (vii) of this notice.

 

Where the water use falls within paragraph 3 (b)-(h) a water use licence will be required.