Module 2

Environmental Legal Guide Booklet

Integrated

Environmental

Management

Series

2

Sub-Series 1.10 Environmental Legal Guide Booklet

• Identifies all applicable legislation related to DWA’s activities (and

process lifecycles), it’s administrative mandates, roles, functions and

responsibilities.

Purpose

• Reference guide and register of probable legal outcomes for a given

activity and lists both direct and indirect legislation that an official needs

to consider for compliance -

Direct (legislation administered by DWA)

Indirect (legislation which influence DWA functions, but is

administered by other organs of state)

Description

Written in 2004; revised – 2007

MPRDANHRANEMA CARAE.g.

R&R

Status

Development: E&R

Implementation: Organisation-wide

Review: E&R in co-ordination with Directorate: Legal Services

Training: E&R

National Water Act

(No. 36 of 1998)

Water Services Act

(No. 108 of 1997)

WRM WS

Legal

Guide

What legislation is applicable to DWA’s

activities??

44

What legislation is applicable to

DWA’s activities?MODULE

Environmental

Legal Guide

2

Impacting Function OR Management Function?

Projects, plans, water

resource infrastructure

development

Policies, regulating

water use, authorising

services

5

What legislation is applicable to

DWA’s activities?

Constitution

MODULE 2

Environmental

Legal Guide

(administered by DWA)

Environmental Legislation

(administered by other organs of state)

Dire

ct

In-d

irect

WRM

WS

National Water Act (No. 36 of 1998)

Water Services Act (No. 108 of 1997)

Examples:

• Environment Conservation Act (73 of 1989)

• National Heritage Resources Act (25 of 1999)

• Minerals and Petroleum Resources Development

Act (28 of 2002)

• National Environmental Management: Biodiversity

Act (10 of 2004)

• Conservation of Agricultural Resources Act (Act

43 of 1983)

• Other

Water Policy (Principles 7 & 17)

IEM Mandate

Minister of Justice acts as

Appeal Authority in instances

where DWA acts as Implementor

Legal

Guide

What legislation is applicable to DWA’s

activities?

How can DWA’s relevant legislation be

identified?

?

?

8

MODULE 2

Environmental

Legal Guide

How can DWA’s relevant

legislation be identified?

Step 1 :

Identify the particular DWA Activities from the scenario at hand by using the Key to DWA Activities on pages 5-7.

Step 2:

Note the relevant legislation references that relate to the identified DWA Activity, by using the Key further.

Step 3:

Visit each legislation reference obtained from the Key, in the Legislation Register (Direct legislation (page 8) and Indirect legislation (page 112).

Step 4:

Visit Appendices reference to be aware of gazetted and operational policies, Provincial and Local Government legislation to be considered and international Treaties and Conventions that South Africa is signature to.

Sub-Series 1.10 Environmental Legal Guide Booklet

9

If it is related to

Water Resource Management...

MODULE 2

Environmental

Legal Guide

How can DWA’s relevant

legislation be identified?

10

11

If it is related to Water Services...

MODULE 2

Environmental

Legal Guide

How can DWA’s relevant

legislation be identified?

MODULE 2

Environmental

Legal Guide

Database

• Electronic database of legal guide avaiable on DWA’s

intranet.

• The database can be accessed as follows:

1. Access DWA intranet:

http://www.intranet.dwaf.gov.za/documents

2. Scroll to IEM Servies Sub-series 1.10

3. Click on database

13

Worked Example MODULE

Environmental

Legal Guide

2

Scenario:A municipality intends to develop a 4-lane road that traverses a

watercourse. Identify the relevant environmental legislation pertaining to

this activity.

14

MODULE

Environmental

Legal Guide

2

1. Is this a WRM or WS related development and why?

Worked Example

WRM

15

MODULE

Environmental

Legal Guide

2

1. Is this a WRM or WS related development and why?

WRM

2. Does DWA have an regulating or implementation function and why?

Worked Example

Regulating function

16

MODULE

Environmental

Legal Guide

2

1. Is this a WRM or WS related development and why?

WRM

2. Does DWA have an regulating or implementation function and why?

Regulating function

3. What are DWA’s activities for this scenario and why?

Worked Example

Controlling and Regulating water use Authorising and regulating

water use Altering the banks, bed and characteristics of a

watercourse

17

MODULE

Environmental

Legal Guide

2

1. Is this a WRM or WS related development and why?

WRM

2. Does DWA have a regulating or implementation function and why?

Regulating function

3. What are DWA’s activities for this scenario and why?

Controlling and Regulating water use Authorising and regulating

water use Altering the banks, bed and characteristics of a

watercourse

4. What are the relevant legislation keys and why?

Worked Example

B:5,7,10,12,14,15,17 ...

18

Scenario:

The Department of Water Affairs plans to build a dam for

municipal water supply.

Task:

• Identify the relevant legislation for the scenario provided.

• Present your findings.

Implementor

19

Scenario:

DWA has received a licence application for a proposed

residential development within a wetland.

Task:

• Identify the relevant legislation for the scenario provided.

• Present your findings.

Regulator

20

End – Module 2

21

ANSWER

22

Answers:

1- WRM;

2- Implementation function;

3- Construction, upgrading and maintenance of bulk water

resource infrastructure;

4- Direct = e.g. B:6,24,53; Indirect = e.g. BB:4 (construction

phase), LL:1, LL:6

23

Answers:

1- WRM;

2- Regulating Function;

3- Controlling and Regulating water use

Authorising and regulating water use

Impeding and diverting flow in a watercourse;

4- Direct = e.g. B:5,7,10, etc.; Indirect = e.g. LL:1, RR:1