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Ashwin R Seetal Strategic & Integrated Water Management Specialist,
CSIR, Natural Resources & Environment
Water Resources Competence Area
Capacity Building and Training Workshop
for
Sekhukhune District Municipality
WATER USE AUTHORISATIONS 12 October 2016
2
Presentation Scope
Context and Compulsion
WUL Process Overview
Specific Legislative Requirements: – Constitution
– National Environmental Management Act
– National Environmental Waste Management Act
– National Water Act
Practical Considerations (Case Studies) - Ugu DM
- ETM SWWTW
- Impendle WSS
3
Context
and
Compulsion
4
WAAS (Water Availability
Assessment Studies)
comm 2005
Installed
Modeling
System
RDM Reserve Scenarios
Ecological
class &
Reserve
Process to
finalise
WAR (a) CAR (Catchment
Assessment Report comp 2006)
(b) Draft Water
Allocation Plan
(Comm 2006 )
(c) WAR Empowerment
(Comm 2007)
WU/ ELU Validation comp 2006;
Verification comm
2006
Allocation
Schedules
AUTHORISATIONS
ISSUED
(Licences & Resource
Specific General
Authorisations)
Existing
Licences
Present/Future
Demands IDP/PGDP/LED
Compulsory
Licensing (water
for equity, rural dev,
ecology, etc)
Pu
bli
c
Part
icip
ati
on
Pu
bli
cati
on
,
Ap
peals
, etc
Process
to finalise
CMS
Deve
lop
Catc
hm
en
t
Man
ag
em
en
t S
trate
gy
Nati
on
al
Wate
r
Reso
urc
es
Str
ate
gy
ISP comp 2005
CMA/WUA/IB CMA comp 2005
Water use
licensing
WQM, WARMS,
Monitoring,
Geohydro
Resource
Development (Transfers, Dams)
WC/DM Water Services
status
Inte
rnati
on
al
Ag
reem
en
ts
Str
ate
gic
F
ram
ew
ork
fo
r W
ate
r S
erv
ices
Forestry Development
The Water Business (Inkomati WMA)
5
Green Drop Risk Profile (DWS, 2014)
6
Green Drop Risk Profile (DWS, 2014)
7
National Water Resources Strategy 2 (2013)
8
Overview of NWRS2 from Vision to
Execution (NWRS2, 2013)
9
Proportional Water Use per Main
Economic Sector (NWRS2, 2013)
10
Organs of State – Roles & Functions in the
Water Regulatory Process (NWRS2, 2013)
11
Water Value Chain (NWRS2, 2013)
12
Tariffs/Charges Along the Water Value
Chain (NWRS2, 2013)
13
Elements of WCWDM (NWRS2, 2013)
14
LicencesHigh risk of
unacceptable
impact if not controlled
Reserve determination req’d
General AuthorisationsCommon use
Lower risk of unacceptable impacts
Registration required in most cases
Schedule 1 UsesWidespread use
Minimal or no impacts
No registration required
Fewer, but volumetrically the largest users – mainly large
commercial
Impact Regulatory Instruments (NWA s22(1))
Part 7: Individual Applications for Licences
This Part sets out the procedures which apply in all cases where a licence is required to use water, but where no general invitation to apply for licences has been issued under Part 8. Water users who are not required to license their use, but who wish to convert the use to licensed use, may also use the procedure set out in this Part, but the responsible authority may decline to grant a licence when the applicant is entitled to the use of water under an existing lawful use or by a general authorisation. In considering an application a responsible authority may require additional information from the applicant, and may also require the applicant to undertake an environmental or other assessment, which assessments may be subject to independent review.
Individual Licences (NWA s40-42)
16
WUL
Process Overview
For the purposes of this Act, water use includes- (a) taking water from a water resource;
(b) storing water;
(c) impeding or diverting the flow of water in a watercourse;
(d) engaging in a stream flow reduction activity contemplated in section 36;
(e) engaging in a controlled activity identified as such in section 37 (1) or declared under section 38(1);
(f) discharging waste or water containing waste into a water resource through a pipe, canal, sewer, sea outfall or other conduit;
(g) disposing of waste in a manner which may detrimentally impact on a water resource;
(h) disposing in any manner of water which contains waste from, or which has been heated in, any industrial or power generation process;
(i) altering the bed, banks, course or characteristics of a watercourse;
(j) removing, discharging or disposing of water found underground if it is necessary for the efficient continuation of an activity or for the safety of people; and
(k) using water for recreational purposes
Water Use (NWA s27)
18
WUL High-Level Process (simple)
Application Initiation
Consultation with DWS: Regional Office (Pre-Application Meeting)
Additional Specialist Studies (if required)
Public Participation (notification separate to EIA
process)
Compilation of technical documents including S27 of
the NWA motivation
DWS: Regional Office review of technical documents
DWS: Decision regarding WUL application
19
WUL High-Level Process (detailed)
20
WUL Approved BP Flow Diagram
(DWS 09 January 2015)
21
Proposed WUL Regulated Timeframes
(Draft WUL Regulations, GG38465 of 12 February 2015, Notice 126)
22
NEMA:
Environmental Authorisation Process
Draft Environmental Scoping Report (ESR) for Public & Authority Review – 40 days
comments period
Public Meeting
Distribute Minutes & Incorporate Comments into final ESR – 21 days comments period
Submission of the final ESR to DEA
Acceptance of final ESR and commencement of EIA Phase
PU
BLI
C P
AR
TIC
IPA
TIO
N
23
All Authorisation Timeframes
• The legislated timelines for the different processes are given below. It is
important that a “one application” approach is adopted.
• WULA – 300 days (for a GA, it is possible to get this in 6 weeks, if all
information is available)
• BA – 300 days
• Scoping and EIR – about 350 days
• Once an application has been lodged, any missed deadlines result in the
entire process having to be restarted. If an extension is required this has to
be made and approved before the project expires and the process restarts.
24
WULA: Application Requirements
• Applicant’s Information
– types of forms to be completed: • Part 1 forms (individual, company, service provider, water user associations); and,
• Part 2 forms (depending on the water use type)
• Applicant Requirements
– Property information
– Title deed/Permission to Occupy
– R114.00 application fee
– ID Copy
– Technical Report
– Motivation attached to application which includes Section 27 of NWA
25
WULA: NWA Section 27 Motivation
• Existing lawful water use
• The need to address past discrimination
• Water in the public interest
• The catchment management strategy where the use takes place
• For how long will the water use be authorised
• The impact of water use on the water resource
• Effect on other users
• Is the licence for water use of strategic importance
• What investment is the water user making
• Which water resource will be utilised what class is it
• Impact if the licence is not approved
26
EA & WULA: Some Specialist Studies
Combined with the EIA specialist studies, where possible and
appropriate:
Biodiversity Assessment
Surface Water Assessment (to include Wetland Delineation, Aquatic Ecology –
PES, construction and final development impacts with mitigation, rehabilitation and
monitoring recommendations)
Geohydrology Assessment (to include present status, potential impacts and on-
going monitoring recommendations)
Hydrology Assessment (to include Stormwater Impacts and Management
recommendations)
Social Opinion
Geology and Geotechnical
(Environmental) Engineering Design (to include a Construction Method Statement
and mitigation measures and rehabilitation provisions)
27
Status of
Application Mining
Local
Government
and
Development
Forestry Industry Agriculture TOTAL
Withdrawn
by DWA 381 21 10 88 469 969
Withdrawn
by Client 75 18 15 2 20 130
Licences
Issued 216 261 1217 123 415 2220
Declines 33 7 38 5 81 163
TOTAL 705 307 1280 218 985 3495
Percentage
% 18% 7% 40% 6% 29% 100%
27
Sectoral Breakdown of Letsema Finalised
WULAs from April 2010 to 22 March 2013
28 28
REGION Initial
Assessment
Information
Outstanding
Finalising
Assessment
Ready for
Delegated
Authority’s
Signature
TOTAL
EASTERN CAPE 0 6 0 0 6
FREE STATE 0 4 1 0 5
GAUTENG 0 26 1 0 27
KWAZULU-NATAL 0 9 2 0 11
LIMPOPO 0 7 0 0 7
MPUMALANGA 0 12 1 3 16
NORTH WEST 0 14 2 3 19
NORTHERN CAPE 0 8 1 1 10
WESTERN CAPE 0 11 0 1 12
TOTAL 0 97 8 8 113
HDI 0 0 0 0 0
Status of Backlog: Local Government
and Development WULAs
29 29
REGION RESIDENTIAL
DEVELOPMENT
ROAD
CONSTRUCTION WWTW
DOMESTIC/
WTW
PIPE LINE
CROSSINGS TOTAL
Eastern Cape 0 0 1 5 0 6
Free State 0 0 0 5 0 5
Gauteng 10 0 15 2 0 27
KwaZulu-Natal 5 0 5 1 0 11
Limpopo 2 1 1 3 0 7
Mpumalanga 9 0 6 1 0 16
North West 10 3 6 0 0 19
Northern Cape 2 1 5 2 0 10
Western Cape 3 0 7 2 0 12
TOTAL 51 9 46 21 0 113
Breakdown of Activities for Local
Government and Development
30 30
Sector Strategic
importance
Init
ial A
ss
es
sm
en
t
Info
rma
tio
n
Ou
tsta
nd
ing
Fin
ali
sin
g
As
se
ss
me
nt
Re
ad
y f
or
De
leg
ate
d
Au
tho
rity
’s
Sig
na
ture
TO
TA
L
MINING Coal to Eskom 1 5 2 1 9
INDUSTRY Eskom for Power
Generation 0 5 0 0 5
AGRICULTURE Irrigation 0 20 0 11 31
LOCAL GOVERNMENT WWTW 0 40 1 4 45
WTW 0 20 0 0 20
RENEWABLES
Wind 0 0 0 0 0 Solar 0 0 0 0 0 Hydro 0 1 0 0 1
TOTAL 1 91 3 16 111
Strategically Important WULAs
31
Nature of Outstanding Information
31
Sector
OUTSTANDING INFORMATION FROM APPLICANT OUTSTANDING
FROM DWA
IWW
MP
/WQ
MR
EIA
s/
Basic
Assessm
en
ts/R
OD
Wetl
an
d d
elin
eati
on
Ap
plicati
on
fee o
f R
114.0
0
Ap
plicati
on
fo
rms
Geo
hyd
rolo
gic
al R
ep
ort
s
Civ
il d
esig
ns f
or
facilit
ies
Reh
ab
ilit
ati
on
Pla
ns
Meth
od
Sta
tem
en
ts
Mo
nit
ori
ng
/ w
ate
r q
uality
info
rmati
on
Pro
of
pre
vio
us w
ate
r u
ses
/EL
WU
Min
ing
Rig
ht/
Perm
it
Tit
le D
eed
s
Secti
on
27 m
oti
vati
on
/ S
LP
DA
FF
Dir
ecti
ve
Pu
blic P
art
icip
ati
on
Reserv
e D
ete
rmin
ati
on
C&
I
Geo
hyd
rolo
gy
Civ
il
Pla
nn
ing
Leg
al S
erv
ice
Industry 2 2 3 1 3 2 2 0 0 0 0 0 2 3 0 2 10 1 1 2 0 0
Mining 14 17 8 4 7 10 13 19 5 12 9 13 2 11 0 8 31 8 2 4 0 0
LG 2 0 2 7 36 6 4 1 11 0 3 0 4 0 0 0 60 0 1 7 3 1
SFRA 0 2 2 2 2 0 0 0 0 0 0 0 0 5 6 1 18 0 0 0 0 0
Agric 0 0 0 1 1 0 1 0 0 2 1 0 0 3 0 2 19 0 0 0 0 0
32
Umzinto WWTW, KwaZulu-Natal
33
Specific Legislative
Requirements
34
Constitution
The right to have access to sufficient water is provided in section 27(1)(b) of the South African Constitution.
Section 27(1)(b) read in conjunction with section 27(2) provides that the state
must take reasonable legislative and other measures to respect, protect, promote and fulfil the progressive realization of the right to access of water within its
available resources.
This right to water refers both to a physical access right to water for basic needs as well as the economic access to the resource. The provision of clean water in sufficient quantities is important in its own right, as well as in its implications on
health, food security and overall economic development.
Section 24 - Everyone has the right to an environment that is not harmful to their health or well-being, and to have the environment protected, for the benefit of
present and future generations.
35
National Environmental Management Act (No.107 of 1998)
Discussed Above
To provide for fundamental reform of the law relating to water resources; to repeal certain laws; and to provide for matters connected therewith.
PREAMBLE Recognising that water is a scarce and unevenly distributed national resource which occurs in many different forms which are all part of a unitary, interdependent cycle; Recognising that while water is a natural resource that belongs to all people, the discriminatory laws and practices of the past have prevented equal access to water, and use of water resources; Acknowledging the National Government's overall responsibility for and authority over the nation's water resources and their use, including the equitable allocation of water for beneficial use, the redistribution of water, and international water matters; Recognising that the ultimate aim of water resource management is to achieve the sustainable use of water for the benefit of all users; Recognising that the protection of the quality of water resources is necessary to ensure sustainability of the nation's water resources in the interests of all water users; and Recognising the need for the integrated management of all aspects of water resources and, where appropriate, the delegation of management functions to a regional or catchment level so as to enable everyone to participate;
National Water Act (No.36 of 1998)
Chapter 1 – Interpretation and Fundamental Principles
s1 – Definitions and Interpretation
s2 – Purpose of Act s3 – Public trusteeship of Nation's Water Resources
s4 – Entitlement to Water Use
… to ensure that the nation's water resources are protected, used, developed, conserved, managed and controlled in ways which take into account amongst other factors -
(a) meeting the basic human needs of present and future generations;
(b) promoting equitable access to water;
(c) redressing the results of past racial and gender discrimination;
(d) promoting the efficient, sustainable and beneficial use of water in the public interest;
(e) facilitating social and economic development;
(f) providing for growing demand for water use;
(g) protecting aquatic and associated ecosystems and their biological diversity;
(h) reducing and preventing pollution and degradation of water resources;
(i) meeting international obligations;
(j) promoting dam safety;
(k) managing floods and droughts,
and for achieving this purpose, to establish suitable institutions and to ensure that they have appropriate community, racial and gender representation.
Purpose of Act (s2)
39
3. (1) As the public trustee of the nation's water resources the National Government, acting through the Minister, must ensure that water is protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner, for the benefit of all persons and in accordance with its constitutional mandate. (2) Without limiting subsection (1), the Minister is ultimately responsible to ensure that water is allocated equitably and used beneficially in the public interest, while promoting environmental values. (3) The National Government, acting through the Minister, has the power to regulate the use, flow and control of all water in the Republic.
Public Trusteeship of Nation's Water
Resources (s3)
40
4. (1) A person may use water in or from a water resource for purposes such as reasonable domestic use, domestic gardening, animal watering, fire fighting and recreational use, as set out in Schedule 1. (2) A person may continue with an existing lawful water use in accordance with section 34. (3) A person may use water in terms of a general authorisation or licence under this Act. (4) Any entitlement granted to a person by or under this Act replaces any right to use water which that person might otherwise have been able to enjoy or enforce under any other law - (a) to take or use water; (b) to obstruct or divert a flow of water; (c) to affect the quality of any water; (d) to receive any particular flow of water; (e) to receive a flow of water of any particular quality; or (f) to construct, operate or maintain any waterwork.
Entitlement to Water Use (s4)
Chapter 2 – Water Management Strategies
Part 1 – National Water Resources Strategy Part 2 – Catchment Management Strategies
42
Part 1 : National Water Resource Strategy Part 1 requires the progressive development, by the Minister, after consultation with society at large, of a national water resource strategy. The national water resource strategy provides the framework for the protection, use, development, conservation, management and control of water resources for the country as a whole. It also provides the framework within which water will be managed at regional or catchment level, in defined water management areas. The national water resource strategy, which must be formally reviewed from time to time, is binding on all authorities and institutions exercising powers or performing duties under this Act.
Part 2: Catchment Management Strategies Part 2 requires every catchment management agency to progressively develop a catchment management strategy for the water resources within its water management area. Catchment management strategies must be in harmony with the national water resource strategy. In the process of developing this strategy, a catchment management agency must seek co-operation and agreement on water-related matters from the various stakeholders and interested persons. The catchment management strategy, which must be reviewed from time to time, will include a water allocation plan. A catchment management strategy must set principles for allocating water to existing and prospective users, taking into account all matters relevant to the protection, use, development, conservation, management and control of water resources.
This Chapter deals with the development of strategies
to facilitate the proper management of water resources
Chapter 3 – Protection of Water Resources
The protection of water resources is fundamentally related to their use, development,
conservation, management and control.
Parts 1, 2 and 3 of this Chapter lay down a series of measures which are together intended to ensure the comprehensive protection of all water resources.
These measures are to be developed progressively within the contexts of the national water resource strategy and the catchment management strategies provided for in
Chapter 2.
Parts 4 and 5 deal with measures to prevent the pollution of water resources and measures to remedy the effects of pollution of water resources.
Chapter 4 – Use of Water
As this Act is founded on the principle that National Government has overall responsibility for and authority
over water resource management, including the equitable allocation and beneficial use of water in the public
interest, a person can only be entitled to use water if the use is permissible under the Act.
This Chapter is therefore of central significance to the Act, as it lays the basis for regulating water use.
The various types of licensed and unlicensed entitlements to use water are
dealt with in detail.
45
Part 1: General Principles 21. Water use 22. Permissible water use 23. Determination of quantity of water which may be allocated by responsible authority 24. Licences for use of water found underground on property of another person 25. Transfer of water use authorisations 26. Regulations on the use of water
Part 2: Considerations, Conditions and Essential Requirements of General Authorisations and Licences
27. Considerations for issue of general authorisations and licences 28. Essential requirements of licences 29. Conditions for issue of general authorisations and licences 30. Security by applicant 31. Issue of licence no guarantee of supply
46
Part 3: Existing Lawful Water Uses 32. Definition of existing lawful water use 33. Declaration of water use as existing lawful water use 34. Authority to continue with existing lawful water use 35. Verification of existing water uses
Part 4: Stream Flow Reduction Activities 36. Declaration of stream flow reduction activities
Part 5: Controlled Activities
37. Controlled activity 38. Declaration of certain activities as controlled activities
Part 6: General Authorisations 39. General authorisations to use water
47
Part 7: Individual Applications for Licences 40. Application for licence 41. Procedure for licence applications 42. Reasons for decisions
Part 8: Compulsory Licences for Water Use in respect of Specific Resource 43. Compulsory licence applications 44. Late applications 45. Proposed allocation schedules 46. Preliminary allocation schedule 47. Final allocation schedules 48. Licences replace previous entitlements
48
Part 9: Review and renewal of licences, and amendment and substitution of conditions of licences
49. Review and amendment of licences 50. Formal amendment of licences 51. Successors-in-title 52. Procedure for earlier renewal or amendment of licences
Part 10: Contravention of or failure to comply with authorisations 53. Rectification of contraventions 54. Suspension or withdrawal of entitlements to use water 55. Surrender of licence
49
Water resource management
1
2 Raw water from rivers, dams, boreholes and
springs
Bulk water treatment & bulk water distribution
4
Consumers
5
Human excreta and Wastewater collection
6
Treatment and return of water to the river
7 Waste discharge
charges
Bulk wastewater tariff
Water resource management charges
Raw water tariff
Retail Water
Sanitation Charges
Reticulation of Water to consumers
Water Pricing Cycle in South Africa
Source: Strategic Framework for Water Services, September 2003
3 Bulk Water Tariff
Chapter 15 – Appeals and Dispute Resolution
This Chapter establishes the Water Tribunal to hear appeals against certain decisions made by a responsible authority, catchment management agency or water management institution under this Act.
The Tribunal is an independent body, whose members are appointed through an independent selection
process, and which may conduct hearings throughout the Republic.
A person may appeal to a High Court against a decision of the Tribunal on a question of law.
This Chapter also provides for disputes to be resolved by mediation, if so directed by the Minister
146. Establishment of Water Tribunal
147. Operation of Water Tribunal 148. Appeals to Water Tribunal
149. Appeals from decisions of Water Tribunal 150. Mediation
Chapter 16 – Offences and Remedies
In common with other Acts of Parliament which aim to make non-compliance a criminal offence, this Chapter lists the acts and omissions which are offences under this Act, with the associated penalties.
It also gives the courts and water management institutions certain powers associated with prosecutions
for these offences, such as the power to remove the cause of a stream flow reduction.
151. Offences
152. Enquiry in respect of compensation for harm, loss or damage suffered 153. Award of damages
154. Offences in relation to employer and employee relationships 155. Interdict or other order by High Court
