Witness Protection Act, 1998
R 385
National Water Act, 1998 (Act No. 36 of 1998)NoticesRevision of General Authorisations in terms of Section 39 of the National Water Act, 1998 (Act No. 36 of 1998) (The Act)2. Discharge of Waste or Water containing waste into a Water Resource through a pipe, canal, sewer or other conduit; and disposing in any manner of water which contains waste from, or which has been heated in, any Industrial or Power Generation Process |
[Sections 21(f) and (h)]
| 2.1 | Purpose of authorisation |
This general authorisation replaces the need for a water user to apply for a licence in terms of the Act, provided that the water use is within the limits and conditions as set out in this general authorisation.
| 2.2 | Exclusion |
This authorisation does not apply to a person who discharges wastewater—
| (a) | through sea outfalls; |
| (b) | to an aquifer; |
| (c) | any other groundwater resource; |
| (d) | any water resource with a closed drainage system; or |
| (e) | directly into an off channel dam. |
| 2.3 | Compliance with Act and other laws |
| (1) | This authorisation does not— |
| (a) | replace any existing authorisation that is recognised under the Act; |
| (b) | exempt a person who uses water from compliance with any other provision of the Act, unless stated otherwise in this notice, or any other applicable law, regulation, ordinance or by-law; |
| (c) | apply to any water use under Schedule 1 of the Act; and |
| (d) | apply to Category A mine. |
| (2) | A person who uses water in terms of this authorisation is exempted from compliance with section 22(2)(e) of the Act. |
| 2.4 | Area of applicability |
This authorisation is applicable throughout the Republic of South Africa, except as excluded in paragraph 2.2.
| 2.5 | Duration of authorisation |
This authorisation will be applicable for a period of five years from the date of publication of this notice, unless—
| (a) | it is amended by the responsible authority at any review period; |
| (b) | the period is extended by a notice in the Gazette; |
| (c) | it is replaced with a general authorisation in relation to a specific water resource or within a specific area; or |
| (d) | the water user is instructed in writing by the responsible authority to apply for a licence in terms of the Act |
| 2.6 | Definitions |
In this general authorisation, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in terms of the Act shall have that meaning, and—
"category A mine"
means—
| (a) | any gold or coal mine |
| (b) | any mine with an extractive metallurgical process, including heap leaching; or |
| (c) | any mine where sulphate producing or acid generating material occurs; |
"commercial activity"
means those activities identified in the Standard Industrial Classification of All Economic Activities (5th Edition), published by the Central Statistics Service, 1993, as amended and supplemented, under the following categories—
| (a) | 6: wholesale and retail trade; |
| (b) | 7: transport, storage and communication; |
| (c) | 8: business services; |
| (d) | 9: community, social and personal services and |
| (e) | 0: personal and other services; |
"complex industrial wastewater"
means wastewater arising from industrial activities and premises, that contains—
| (a) | a complex mixture of substances that are difficult or impractical to chemically characterise and quantify; or |
| (b) | one or more substances, for which a wastewater limit value has not been specified, and which may be harmful or potentially harmful to human health, or to the water resource (identification of complex industrial wastewater will be provided by the Department upon written request); |
"domestic wastewater"
means wastewater arising from domestic and commercial activities and premises, and may contain sewage;
"domestic wastewater discharge"
means a wastewater discharge consisting of 90% or more domestic wastewater, by volume, that is collected, treated and subsequently disposed of;
"industrial activity"
means those activities identified in the Standard Industrial Classification of All Economic Activities (5th Edition), published by the Central Statistics Service, 1993, as amended and supplemented, under the following categories—
| (a) | 2: mining and quarrying, |
| (b) | 3: manufacturing, |
| (c) | 4: electricity, gas and water supply, |
| (d) | 5: construction; |
"industrial wastewater discharge"
means a wastewater discharge consisting of more than 10% industrial wastewater, by volume, that is collected, treated and subsequently disposed of;
"intake"
for the purposes of this general authorisation is water taken from a water resource, and excludes water taken from any source that is not a water resource;
"listed water resources"
are those water resources listed in Table 2.3 and includes any tributary of a listed water resource, and any water resource draining the catchment area of a listed water resource;
"monitoring programme"
means a programme for taking regular measurements of the quantity and quality of a water resource, waste or wastewater discharge at specified intervals and at specific locations to determine the chemical, physical and biological nature of the water resource, waste or wastewater discharge;
"wastewater"
means water containing waste, or water that has been in contact with waste material;
"wastewater limit value"
means the mass expressed in terms of the concentration and level of a substance which may not be exceeded at any time. Wastewater limit values shall apply at the last point where the discharge of wastewater enters into a water resource, dilution being disregarded when determining compliance with the wastewater limit values. Where discharge of wastewater does not directly enter a water resource, the wastewater limit values shall apply at the last point where the wastewater leaves the premises of collection and treatment.
| 2.7 | Discharging of domestic and industrial wastewater into water resources |
A person who—
| (a) | owns or lawfully occupies property registered in the Deeds Office as at the date of this notice; |
| (b) | lawfully occupies or uses land that is not registered or surveyed; or |
| (c) | lawfully has access to land on which the use of water takes place, |
may on that property or land outside the areas excluded in paragraph 2.2 above,
| (i) | discharge up to 2 000 cubic metres of wastewater on any given day into a water resource that is not a listed water resource set out in Table 2.3, which may be amended from time to time, provided the discharge— |
| (a) | complies with the general wastewater limit values set out in Table 2.1, which may be amended from time to time; |
| (b) | does not alter the natural ambient water temperature of the receiving water resource by more than 3 degrees Celsius; and |
| (c) | is not a complex industrial wastewater. |
| (ii) | discharge up to 2 000 cubic metres of wastewater on any given day into a listed water resource set out in Table 2.3, which may be amended from time to time, provided the discharge— |
| (a) | complies with the special wastewater limit values set out in Table 2.1, which may be amended from time to time; |
| (b) | does not alter the natural ambient water temperature of the receiving water resource by more than 2 degrees Celsius; and |
| (c) | is not a complex industrial wastewater, and if the discharging of wastewater— |
| (aa) | does not impact on a water resource or any other person's water use, property or land; and |
| (ab) | is not detrimental to the health and safety of the public in the vicinity of the activity. |
| (iii) | not discharge storm water runoff from any premises containing waste, or water containing waste emanating from industrial activities and premises, into a water resource. |
TABLE 2.1: Wastewater limit values applicable to discharge of wastewater into a water resource
|
SUBSTANCE/PARAMETER |
GENERAL LIMIT |
SPECIAL LIMIT |
|
Faecal Coliforms (per 100 ml) |
1000 |
0 |
|
Chemical Oxygen Demand (mg/I) |
75 (i) |
30(i) |
|
pH |
5,5-9,5 |
5,5-7,5 |
|
Ammonia (ionised and un-ionised) as Nitrogen (mg/I) |
6 |
2 |
|
Nitrate/Nitrite as Nitrogen (mg/I) |
15 |
1,5 |
|
Chlorine as Free Chlorine (mg/I) |
0,25 |
0 |
|
Suspended Solids (mg/I) |
25 |
10 |
|
Electrical Conductivity (mS/m) |
70 mS/m above intake to a maximum of 150 mS/m |
50 mS/m above background receiving water, to a maximum of 100 mS/m |
|
Ortho-Phosphate as phosphorous (mg/I) |
10 |
1 (median) and 2,5 (maximum) |
|
Fluoride (mg/I) |
1 |
1 |
|
Soap, oil or grease (mg/I) |
2,5 |
0 |
|
Dissolved Arsenic (mg/I) |
0,02 |
0,01 |
|
Dissolved Cadm ium (mg/I) |
0,005 |
0,001 |
|
Dissolved Chromium (VI) (mg/I) |
0,05 |
0,05 |
|
Dissolved Copper (mg/I) |
0,01 |
0,002 |
|
Dissolved Cyanide (mg/I) |
0,02 |
0,01 |
|
Dissolved Iron (mg/I) |
0,3 |
0,3 |
|
Dissolved Lead (mg/I) |
0,01 |
0,006 |
|
Dissolved Manganese (mg/I) |
0,1 |
0,1 |
|
Mercury and its compounds (mg/I) |
0,005 |
0,001 |
|
Dissolved Selenium (mg/I) |
0,02 |
0,02 |
|
Dissolved Zinc (mg/I) |
0,1 |
0,04 |
|
Boron (mg/I) |
1 |
0,5 |
(Table 2.1: Above wastewater limits will be subject to review from time to time based on the outcome of the classification and resource quality objectives processes)
| 2.8 | Precautionary practices |
| (1) | The water user must follow acceptable design, construction, maintenance and operational practices to ensure the consistent, effective and safe performance of the wastewater discharge system, including the prevention of— |
| (a) | nuisance conditions such as flies or mosquitoes, odour or secondary pollution; |
| (b) | the contamination of run-off water or stormwater; |
| (c) | contaminated stormwater entering into a water resource; and |
| (d) | the unauthorised use of the wastewater by members of the public. |
| (2) | Suspended solids must be removed from any wastewater, and the resulting sludge disposed of according to the requirements of any relevant law or regulation, including the document entitled "Guidelines for the Utilisation and Disposal of Wastewater Sludge, Volumes 1-5, Water Research Commission Reports No TT 261/06, 262/06, 349/09, 350/09, 351/09, as amended from time to time (obtainable from the Department upon written request). |
| (3) | All reasonable measures must be taken to provide for mechanical, electrical, operational, or process failures and malfunctions of the wastewater discharge system. |
| (4) | All reasonable measures must be taken for storage of the wastewater when discharge cannot be undertaken, which storage must be in accordance with general authorisation in section 3 of this Notice. |
| (5) | All reasonable measures must be taken to collect contaminated stormwater runoff and to retain it for disposal which disposal must be in accordance with general authorisation in section 3 of this Notice. |
| (6) | Upon the written request of the responsible authority the registered user must ensure the implementation of any additional construction, maintenance and operational practices that may be required in the opinion of the responsible authority to ensure the consistent, effective, safe and sustainable performance of the wastewater discharge system. |
| 2.9 | Registration of discharges into water resources |
| (1) | A person who discharges wastewater into a water resource in terms of this authorisation must submit a registration form or any other information requested in writing by the responsible authority for registration of the water use before commencement of the discharge. |
| (2) | On written receipt of and/or a registration certificate from the responsible authority, the person will be regarded as a registered water user. |
| (3) | All forms for registration of water use are obtainable from any office of the responsible authority, as well as from the web-site at http://www.dwa.gov.za. |
| 2.10 | Record-keeping and disclosure of information |
| (1) | The water user must ensure the establishment of monitoring programmes to monitor the quantity and quality of the discharge prior to the commencement of the discharge, in the following manner: |
| (a) | The quantity of the discharge must be metered and the total recorded weekly; |
| (b) | the quality of domestic wastewater discharges must be monitored once every month by taking a grab sampling and analysed for specific substances and parameters as required by the responsible authority as set out in Table 2.2, which may be amended from time to time; and results submitted to the responsible authority |
TABLE 2.2: Monitoring requirements for domestic wastewater discharges
|
DISCHARGE VOLUME ON ANY GIVEN DAY |
MINIMUM MONITORING REQUIREMENTS |
|
10 to 100 cubic metres |
pH Electrical Conductivity (mS/m) Faecal Coliforms (per 100 ml) |
|
100 to 1 000 cubic metres |
pH Electrical Conductivity (mS/m) Faecal Coliforms (per 100 ml) Chemical Oxygen demand (mg/I) Ammonia as Nitrogen (mg/I) Suspended Solids (mg/I) Phosphate (mg/I) |
|
1 000 to 2 000 cubic metres |
pH Electrical Conductivity (mS/m) Faecal Coliforms (per 100 ml) Chemical Oxygen demand (mg/I) Ammonia as Nitrogen (mg/I) Nitrate/Nitrite as Nitrogen (mg/I) Free Chlorine (mg/I) Suspended Solids (mg/I) Ortho-Phosphate as Phosphorous (mg/I) |
| (c) | The quality of industrial wastewater discharges must be monitored once every month by grab sampling— |
| (i) | for all substances which have been added to the water through any industrial activity; |
| (ii) | for all substances which have been concentrated in the water through any industrial activity; |
| (iii) | for all substances which may be harmful or potentially harmful to human health or to the water resource quality; and |
| (iv) | as set out in paragraph 2.10(1)(b) , if the wastewater contains any domestic wastewater. |
| (d) | monitoring for the quantity and quality of the discharge shall be done at the point of discharge into a water resource and results submitted to the responsible authority |
| (2) | Upon the written request from the responsible authority the registered user must— |
| (a) | ensure the establishment of any additional monitoring programmes; and |
| (b) | appoint a competent person to assess the water use measurements made in terms of this authorisation and submit the findings to the responsible authority for evaluation. |
| (3) | Subject to paragraph 2.10(1), the water user must, on a monthly basis, submit the following information to the responsible authority— |
| (a) | the quantity of wastewater discharged; |
| (b) | the quality of wastewater discharged; |
| (c) | details of the monitoring programmes; |
| (d) | details of failures and malfunctions in the discharge system and details of measures taken. Such information must be made available upon written request to the responsible authority. |
| 2.11 | Methods for sampling and analysis |
The following methods for sampling and analysis must be adhered to:
| (a) | Samples of the water containing waste must be taken as prescribed in the Notice, and in accordance with the applicable South African National Standard (SANS) for sampling. |
| (b) | The methods for the measurement of specific substances and parameters in any waste or wastewater must be carried out by a— |
| (i) | laboratory that has been accredited in accordance with SANS 17025:2005 by the South African National Accreditation System (SANAS) to conduct the analysis in accordance with the prescribed SANS method for each applicable variables; or |
| (ii) | laboratory that participates in a recognised Proficiency Testing Scheme (Zscores results should be presented); |
| (iii) | laboratory that has proof of intra- and inter-laboratory proficiency (quality assurance as prescribed in Standard Methods). |
| (c) | Water users who can be able to demonstrate to the responsible authority that there is no accredited laboratory within their vicinity may use methods 1.12(b)(ii) and (iii) above. |
| 2.12 | Inspections |
Any property or land in respect of which a water use has been authorised in terms of this general authorisation, such property or land must be made available for inspection by an authorised person in terms of section 125 of the Act.
| 2.13 | Incidence reporting |
Any information on the occurrence of any incident that has or is likely to have a detrimental impact on the water resource quality must be reported to the responsible authority within 24 hours.
| 2.14 | Offences |
A person who contravenes any provision of this general authorisation is guilty of an offence and is subject to the penalty set out in section 151(2) of the Act.
TABLE 2.3: Listed Water Resources
(This table will be subject to review from time to time based on the outcome of the classification and resource quality objectives processes)
|
|
WATER RESOURCE |
|
1 |
Hout Bay River to tidal water in the Western Cape |
|
2 |
Palmiet River from Kogelberg Dam to its estuary in the Western Cape |
|
3 |
Lourens River to tidal water int he Western Cape |
|
4 |
Steenbras River to tidal water in the Western Cape |
|
5 |
Berg and Dwars Rivers to their confluence in the Western Cape |
|
6 |
Little Berg River to Vogelvlei weir in the Western Cape |
|
7 |
Sonderend, Du Toits and Elandskloof Rivers upstream and inclusive of Thee waterskloof Dam in the Western Cape |
|
8 |
Witte River to confluence with Breede River in the Western Cape |
|
9 |
Dwars River after confluence with Titus River to the boundary with Witte River in the Western Cape |
|
10 |
Olifants River to the boundary of the Bree River District Council (Ceres divisional boundary) - Witsenberg Transitional Representative Council Ceres divisional boundary |
|
11 |
Holsloot and Smalblaar (or Molenaars) Rivers to their confluence with Breede River in the Western Cape |
|
12 |
Hex River to its confluence with Breede River in the Western Cape |
|
13 |
Van Stadens River to tidal water in the Eastern Cape |
|
14 |
Buffalo River to the boundary from its source to where it enters the King Williams Town limits |
|
15 |
Klipplaat River from its source to Waterdown Dam |
|
16 |
Swart Kei River to its confluence with the Klipplaat River in the Eastern Cape |
|
17 |
Great Brak River |
|
18 |
Bongola River to Bongola Dam in the Eastern Cape |
|
19 |
Kubusi River to the boundary of the Stutterheim urban area in the Eastern Cape |
|
20 |
Langkloof River from its source to Barkly East limits |
|
21 |
Kraai River to its confluence with the Langkloof River |
|
22 |
Little Tsomo River in the Eastern Cape |
|
23 |
Xuka River to Elliot limits in the Eastern Cape |
|
24 |
Umtata River to the Kambi Falls in the Eastern Cape |
|
25 |
Tsitsa and lnxu Rivers to their confluence in the Eastern Cape |
|
26 |
Kenegha River to its confluence with the Umzimvubu River in the Eastern Cape |
|
27 |
Mvenyane and Mzimvubu Rivers from sources to their confluence in the Eastern Cape |
|
28 |
Umzimhlavana River to its confluence with the Umzimhlava River in the Eastern Cape |
|
29 |
Ingwangwana River to its confluence with Umzimkulu River in KwaZulu-Natal |
|
30 |
Umzimkulu and Polela Rivers to their confluence in KwaZulu-Natal |
|
31 |
Elands River to the Pietermaritzburg-Bulwer main road in KwaZulu-Natal |
|
32 |
Umtamvuma and Weza Rivers to their confluence in KwaZulu-Natal |
|
33 |
Umkomaas and Isinga Rivers to their confluence in KwaZulu-Natal |
|
34 |
Lurane River to its confluence with the Umkomaas River in KwaZulu-Natal |
|
35 |
Sitnundjwana Spruit to its confluence with the Umkomaas River in KwaZulu-Natal |
|
36 |
Inudwini River to the Polela district boundary in KwaZulu-Natal |
|
37 |
lnkonza River to the bridge on the Donnybrook-Creighton road in KwaZulu-Natal |
|
38 |
Umlaas to the bridge on District Road 334 on the farm Maybole in KwaZulu-Natal |
|
39 |
Umgeni and Lions Rivers to their confluence in KwaZulu-Natal |
|
40 |
Mooi River to the road bridge at Rosetta in KwaZulu-Natal |
|
41 |
Little Mooi and Hlatikula Rivers to their confluence in KwaZulu-Natal |
|
42 |
Bushmans River to the Wagendrift Dam in KwaZulu-Natal |
|
43 |
Little Tugela River and Sterkspruit to their confluence in KwaZulu-Natal |
|
44 |
M'Lambonjwa and Mhlawazeni Rivers to their confluence in KwaZulu-Natal |
|
45 |
Mnweni and Sandhlwana Rivers to their confluence in KwaZulu-Natal |
|
46 |
Tugela River to its confluence with the Kombe Spruit in KwaZulu-Natal |
|
47 |
lnyamvubu (or Mnyamvubu) River to the Craigie Bum Dam in KwaZulu-Natal |
|
48 |
Umvoti River to the bridge on the Seven Oaks -Rietvlei road in KwaZulu-Natal |
|
49 |
Yarrow River to its confluence with the Karkloof River in KwaZulu-Natal |
|
50 |
Incandu and Ncibidwane Rivers to their confluence in KwaZulu-Natal |
|
51 |
Ingogo River to its confluence with the Harte River in KwaZulu-Natal |
|
52 |
Pivaan River to its confluence with Soetmelkspruit in KwaZulu-Natal |
|
53 |
Slang River and the Wakkerstroom to their confluence in Mpumalanga |
|
54 |
Elands and Swartkoppie Spruit to their confluence in Mpumalanga |
|
55 |
All tributaries of the Komati River between Nooitgedacht Dam and its confluence with and including Zevenfontein Spruit in Mpumalanga |
|
56 |
Seekoeispruit to its confluence with Buffelspruit in Mpumalanga |
|
57 |
Crocodile River and Buffelskloofspruit to their confluence in Mpumalanga |
|
58 |
All tributaries of the Steelpoort River down to its confluence with and including the Dwars River |
|
59 |
Potspruit to its confluence with the Waterval River in Mpumalanga |
|
60 |
Dorps River (or Spekboom River) to its confluence with the Marambanspruit in Mpumalanga |
|
61 |
Ohrigstad River to the Ohrigstad Dam in Mpumalanga |
|
62 |
Klein-Spekboom River to its confluence with the Spekboom River in Mpumalanga |
|
63 |
Blyde River to the Pilgrim's Rest municipal boundary in Mpumalanga |
|
64 |
Sabie River to the Sabie municipal boundary in Mpumalanga |
|
65 |
Nels River to the Pilgrim's Rest district boundary in Mpumalanga |
|
70 |
Houtbosloop River to the Lydenburg district boundary in Mpumalanga |
|
71 |
Blinkwaterspruit to the Longmere Dam in Mpumalanga |
|
72 |
Assegaai River upstream and inclusive of the Heyshope Dam |
|
73 |
Komati River upstream and inclusive of the Nooitgedacht Dam and the Vygeboom Dam |
|
74 |
Ngwempisi River upstream and inclusive of Jericho Dam and Morgenstond Dam |
|
75 |
Slang River upstream and inclusive of Zaaihoek Dam |
|
76 |
All streams flowing into the Olifants River upstream and inclusive of Loskop Dam, Witbank Dam and Middelburg Dam |
|
77 |
All streams flowing into Ebenezer Dam on the Great Letaba River in Limpopo |
|
78 |
Dokolewa River to its confluence with the Politzi River in Limpopo |
|
79 |
Ramadiepa River to the Merensky Dam on the farm Wesffalia 223, Letaba in Limpopo |
|
|
|
|
|
LISTED WATER RESOURCES WHERE SPECIAL LIMIT FOR ORTHO-PHOSPHATE AS PHOSPHOROUS IS APPLICABLE (Crocodile (west) Marico Water Management Area) |
|
80 |
Pienaars River and tributaries as far as Klipvoor Dam |
|
81 |
Crocodile River and tributaries as far as Roodekopjies Dam |
|
82 |
Elands and Hex River and tributaries as far as Vaalkop Dam |
|
83 |
Molopo River and tributaries as far as Madimola Dam |
|
84 |
Kaalspruit , Hennops rivers and tributaries as far as Rietvlei Dam |
|
85 |
Pienaars, Moreleta, Hartebesspruit rivers and tributaries as far as Roodeplaat Dam |
|
86 |
Moretele, Apies, Pienaars rivers and tributaries as far as Klipvoor Dam |
|
87 |
Magalies, Crocodile, Jukskei, Hennops rivers and tributaries as far as Hartebeespoort Dam |
|
88 |
Hex river and tributaries as far as Bospoort Dam |
|
RAMSAR LISTED WETLANDS |
PROVINCE |
PROVINCE |
|
|
89 |
Barberspan |
North -West |
26°33 S 25°37 E |
|
90 |
Blesbokspruit |
Gauteng |
26°17 S 28°30 E |
|
91 |
De Hoop Vlei |
Western Cape |
34°27 S 20°20 E |
|
92 |
De Mond (Heuningnes Estuary) |
Western Cape |
34°43 S 20°07 E |
|
93 |
Kosi Bay |
Kwazulu-Natal |
27°01 S 32°48 E |
|
94 |
Lake Sibaya |
Kwazulu-Natal |
27°20 S 32°38 E |
|
95 |
Langebaan |
Western Cape |
33°06 S 18°01 E |
|
96 |
Orange River Mouth |
Northern Cape |
28°40 S 16°30 E |
|
97 |
St Lucia System |
Kwazulu-Natal |
28°00 S 32°28 E |
|
98 |
Seekoeivlei Nature Reserve |
Free State |
27°34 S 29°35 E |
|
99 |
Verlorenvlei |
Western Cape |
32°24 S 18°26 E |
|
100 |
Verloren Valei |
Mpumalanga |
25°14 S 30°4 E |
|
101 |
Nylsvlei |
Northern |
24°39 S 28°42 E |
|
102 |
Wilderness Lakes |
Western Cape |
33°59 S 22°39 E |
