National Water Amendment Act (No. 45 of 1999)

REPUBLIC SOUTH AFRICA GOVERNMENT GAZETTE VAN VAN Registered at Post as a As ‘n die CAPE TOWN, 6 DECEMBER 1999 vol. 20706 6 1999 OFFICE OF THE PRESIDENCY 1476. 6 December is notified that President has assented to the following which is hereby published for general National Amendment Act, 1999. VAN DIE 1476. 6 1999 word President d i e No. 414 No. It herebv Act information: No. 45 of 1999: UBR \RY OF DIE REPUBLIEK SUID-AFRIKA the Office Newspaper Nuusblad by Poskantoor Geregistreer No. KAAPSTAD, DESEMBER KANTOOR PRESIDENSIE 1999 No. Desember the Hierby bekend gemuak dat die sy goed keuring geht!g het aan onderstuund~ Wet wut hierby ter algemene inligting gepubliseer word: Water 45 van 1999: Nasionule Waterwysigingswet, l 999. GAZETTE. Act 45.1999 ATION,4L ACT. I GENERAL EXPLANATORY}’ NOTE: [ 1 in bold type in brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. (English text signed President.) (Assented to 2 December 1999.) ACT To amend the National Water Act, 1998, so as to effect textual improvements; and to change the procedure for the appointment of members of the Water and to for matters therewith. BE IT ENACTED by the Parliament of the Amendment of section 32 of Act 36 of 1998 Republic of South Africa, as 1. Section 32 of the National Water Act, 1998 (hereinafter referred to as the principal Act), is hereby amended by the substitution for subsection (1) of the following 5 subsection: ) An existing lawful water use means a water which has taken place at any time during a period of two years immediately before the date of of this Act and (i) was authorised by or under any law which was in force immediately 10 before the date of commencement of this Act; (ii) is a stream flow reduction activity contemplated in section 36(1): or (iii) is a controlled activity contemplated in section 37(1); or (b) which has been declared an existing lawful water use under section 33 [and w 15 (i) was authorised or under law which was in force immediately before the date of commencement of this Act; (ii) is identified stream reduction activity in section 36(l); or (iii) is identified a controlled activity in section 37(1)],”. Amendment of section 33 of Act 36 of 1998 2. Section 33 of the principal Act hereby amended by the substitution for subsections (1), (2) (3) of the following subsections, respectively: “(l) A may apply to a responsible authority to have a water use which is not one contemplated in section 32(1 (ii) or declared to be an existing water use. 25 (2) A responsible authority may, on its own initiative, declare a water use which is not one contemplated in section 32( (ii) or to be an existing lawful water use. A responsible authority may only make a declaration under subsections (1) and if it is that the provide follows: "(1 (a) hich and person lawful GO\'ER:--.'ME1'-"T WATER AMENDMENT Words square by the connected commencement by asa as any flow is )[(b )(i), 1 )[(b )(i), use which (iii)]~. (iii))~. (3) (2) satisfied water use n DECEMBER l 999 Tribunal; 20 30 45.1999 place than years before the date of commencement of this Act and discontinued for good reason; or had not taken place at time before the date of commencement of Act (i) would have been lawful had it so taken place: and 5 steps towards effecting the use been taken in good faith before the date of commencement of this Act..’. Amendment of section 146 of Act 36 of 1998 3. Section 146 of the principal Act is hereby by the substitution for subsection (5) of the following subsection: 10 The chairperson, the deputy chairperson, and the additional members of the Tribunal are appointed by the Minister on the recommendation of the Judicial Service Commission contemplated in section 178 of the Constitution and the Water Research Commission established section of the Water Research Act. 1971 No. 34 of 15 1971 ). in accordance with item 3 of Schedule 6.”. by the substitution for subsection (8) of the following subsection: “(8) The Minister may, after consultation with the Judicial Service Commission or the Water Research Commission referred to in subsec tion (5), as the case be, and after giving the member an opportunity to make representations and considering such representations, for reason terminate the appointment of any member of the Tribunal.”. Amendment of item 3 of Schedule 6 to Act 36 of 1998 4. Item 3 of Schedule 6 to the Act is hereby amended by the substitution for subitems (1), (4), (5). (6) and (7) of the following subitems, respectively: 25 “(1 ) Whenever necessary, the Minister must [request the Judicial Service Commission publish a notice in the calling for nominations for appointment to the Water Tribunal; and (b) consider what further steps, if any, are appropriate to bring the contents of the 30 notice to the attention of interested persons. and take those steps which [the Commission] he or she considers to be appropriate, (4) Each of [The] Judicial Service Commission and the Water Research (b) (d) must consider all nominations received before the date contemplated in subitem may prepare a short list of nominees; may interview all short-listed nominees; and must, subject to subitem (6), make recommendations to the Minister on the of members of the Tribunal. 40 (5) In recommending a nominee for appointment each of the Judicial Service Commission and the Water Research Commission must (u) the criteria set out in section 146(4) of the the reputation and integrity of the nominee: and any of interests which nominee may have. 45 (6) The Judicial Service Commission recommend at least two persons qualified in for appointment as chairperson of the Tribunal. water resource management or engineering or with knowledge in related fields, for appointment as chairperson and additional members of the Tribunal, 50 Research Commission, as the case may be. must recommend [a candidate] two candidates for appointment for every vacancy, including that of chairperson or deputy chairperson. where necessary. The must pay 55 relating to the publication of notices in terms of subitem (I): and (b) incurred the Judicial Commission and the Water Research Commission in the performance of [its task] their tasks . . . . G()YER:\'ME!\'T GAZETTE h DECEMBER JCJm, :\ATJO'.\Al \\ ATER AME\:D\1E:\'T A CT, l 99'! (a) took lawfully more \\'aS two (b) (a) (b) (a) (ii) yet but "(5) to] Commission ( a) (2)(j); (c) appointment (b) ( c) conflict (a) law any bv 2 may principal Gazette the valid the had amended ~i der Ace must this (Act good (b) The Water Research Commission must recommend persons qualified in de utv {El The Judicial Service Commission or the Water (7) (a) Department by all costs Ser\'ice 20 35 45.1999 ACT. Short title 5. This is the National Water Amendment Act, (, "'''· 20706 GOYERNMENT GAZETTE. ti DECEMBER 199'1 Act No. !\ATIO:\AL WATERAMENDME'\1 1999 1999.