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

Schedules

Schedule 1 : Permissible Use of Water

 

SCHEDULE 1

 

PERMISSIBLE USE OF WATER

 

[Sections 4(1) and 22(1)(a)(i) and Item 2 of Schedule 3]

 

(1) A person may, subject to this Act—
(a) take water for reasonable domestic use in that person's household, directly from any water resource to which that person has lawful access;
(b) take water for use on land owned or occupied by that person, for —
(i) reasonable domestic use;
(ii) small gardening not for commercial purposes; and
(iii) the watering of animals (excluding feedlots) which graze on that land within the grazing capacity of that land,

from any water resource which is situated on or forms a boundary of that land, if the use is not excessive in relation to the capacity of the water resource and the needs of other users;

(c) Store and use run-off water from a roof;
(d) in emergency situations, take water from any water resource for human consumption or firefighting;

(e)        for recreational purposes—

(i) use the water or the water surface of a water resource to which that person has lawful access; or
(ii) portage any boat or canoe on any land adjacent to a watercourse in order to continue boating on that watercourse; and

(f)        discharge—

(i) waste or water containing waste; or
(ii) run-off water, including stormwater from any residential, recreational, commercial or industrial site,

into a canal, sea outfall or other conduit controlled by another person authorised to undertake the purification, treatment or disposal of waste or water containing waste, subject to the approval of the person controlling the canal, sea outfall or other conduit.

 

(2) An entitlement under this Schedule does not override any other law, ordinance, bylaw or regulation, and is subject to any limitation or prohibition thereunder.