Notice No. R. 77

12 February 2010

Department of Water Affairs and Forestry

The Minister of Water Affairs and Forestry has, under the powers vested in him by section 26(1)(b), (g), and (i) of the National Water Act, 1998 (Act No. 36 of 1998), made the regulations contained in the Schedule in respect of use of water for mining and related activities aimed at the protection of water resources.

Explanatory Note

The Minister of Water Affairs and Forestry is responsible for the protection, use, development, conservation, management and control of the water resources of South Africa on a sustainable basis. The requirements prescribed in terms of the regulations must be seen as minimum requirements to fulfill this goal.

The Department subscribes to the principles of co-operative governance and recognises the role of the Department of Minerals and Energy to co-ordinate environmental management within the mining industry and the role of the Department of Environmental Affairs and Tourism as the lead agent on matters affecting the environment. The roles of Environmental Management Programme Reports and Environmental Management Programme Performance Assessment Reports required in terms of the Minerals Act, 1991 (Act No. 50 of 1991), the Environmental Impact Assessment Reports required in terms of the Environment Conservation Act, 1989, (Act No. 73 of 1989) are recognised and supported by the Department. Any information, obligations, programmes, permissions and commitments contained in the above reports, procedures, consultation requirements and decision-making processes will be recognised by the Department. To promote co-ordination, copies of relevant exemptions from the requirements of the regulations will be forwarded to the Department of Minerals and Energy and the Department of Environmental Affairs and Tourism.

Implementation of the regulations will be delegated to the appropriate level as soon as the necessary capacity has been created at regional level or catchment level.