General Authorisations in terms of section 39 of the National Water Act, 1998 and in terms of section 21(c) and (i)

This gazette is also available free online at www.gpwonline.co.za 208 No. 49833 GOVERNMENT GAZETTE, 8 DEcEMbER 2023 DEPARTMENT OF WATER AND SANITATION NO. 4167 8 December 2023 GENERAL AUTHORISATIONS IN TERMS OF SECTION 39 OF THE NATIONAL WATER ACT 36 OF 1998 FOR WATER USES AS DEFINED IN SECTION 21(c) OR SECTION 21(i) I, Dr Sean Phillips, in my capacity as Director-General of the Department of Water and Sanitation, and duly authorised in terms of section 63 of the National Water Act 36 of 1998, do hereby Generally Authorise all persons or any category of persons to use water in terms of section 39(1) of the National Water Act 36 of 1998, read together with section 21 (c) or section 21 (i); subject to the provisions contained in this Notice. SIGNATURE: s!W-1 DATE:'-"'/" li~ ., J DIRECTOR-GENERAL OF THE DEPARTMENT OF WATER AND SANITATION This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 DESEMbER 2023 No. 49833 209 SCHEDULE IMPEDING OR DIVERTING THE FLOW OF WATER IN A WATERCOURSE [Section 21(c)] Or ALTERING THE BED, BANKS, COURSE OR CHARACTERISTICS OF A WATERCOURSE [Section 21 (i)] Purpose of Authorisation 1. This General Authorisation replaces the need for a water user to apply for a licence in terms of section 40 of the National Water Act 36 of 1998 (NWA), provided that the water use is within the limits and conditions of this General Authorisation. Definitions 2. (1) In this Notice any word or expression to which a meaning has been assigned in the National Water Act 36 of 1998 shall have the meaning so assigned, with specific emphasis on the definitions for 'aquifer', 'borehole', 'estuary', 'instream habitat', 'person', 'pollution', 'resource quality', 'responsible authority', 'riparian habitat', 'waste', 'watercourse', 'water resource', and 'wetland', unless the context indicates otherwise. (i) "characteristics of a watercourse" means the resource quality of a watercourse within the extent of a watercourse; {ii) "construction" means any works undertaken to initiate or establish activities, site preparation including vegetation removal and ground levelling that may result in impeding or diverting or modifying resource quality; (iii) "department" means the Department of Water and Sanitation : (iv) "delineation of a wetland and riparian habitat" means delineation of wetlands and riparian habitat according to the methodology as contained in the Department of Water Affairs and Forestry, 2008 publication: A Practical Field Procedure for Delineation of Wetlands and Riparian Areas or amended version; (v) "diverting" means to, in any manner, cause the instream flow of water to be rerouted temporarily or permanently; (vi) "emergency incident" means an unexpected, sudden and uncontrolled incident or accident in which a substance or activity: (a) pollutes or has the potential to pollute a water resource, or (b) has causes, or is likely to have, a detrimental effect on a water resource. (vii) "emergency situation" means a situation that has arisen suddenly that poses an eminent and serious threat to the water resource, human life or property, including a disaster as defined in section 1 of the Disaster Management Act, 57 of 2002; (viii) "extent of a watercourse" means: 2 This gazette is also available free online at www.gpwonline.co.za 210 No. 49833 GOVERNMENT GAZETTE, 8 DEcEMbER 2023 (a) The outer edge of the 1 in 100-year flood line or delineated riparian habitat, whichever is the greatest distance, measured from the middle of the watercourse of a river, spring, natural channel, dams and lakes; and (b) Wetlands (including pans): the delineated boundary (extent) of any wetland or pan. (ix) "flow-altering" means to, in any manner, alter the instream flow route, speed or quantity of water temporarily or permanently; (x) "hazardous" means any substance that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that substance, have a detrimental impact on health and the environment; (xi) "impeding" means to, in any manner, hinder or obstruct the instream flow of water temporarily or permanently; (xii) "maintenance" means any works undertaken to repair or partially replace or clean an existing structure so as to keep it in working order and so as to prevent it from having detrimental impacts on a watercourse, which works may result in low risk (according to risk matrix) disturbance or impeding or diverting or alteration of the flow of water in a watercourse; but will not result in changes to the design or size of the structure that will alter the function of the structure, and/or the hydrological functionality or integrity of the watercourse; (xiii) "pans" any depression collecting water or that is inward draining or a flow through system with flow contributions from surface water, groundwater or interflow or combinations thereof; (xiv) "regulated area of a watercourse" means: (a) The outer edge of the 1 in 100-year flood line or delineated riparian habitat, whichever is the greatest distance, measured from the middle of the watercourse of a river, spring, natural channel, dams and lakes; (b) In the absence of a determined 1 in 100-year flood line or riparian area as contemplated in (a) above the area within 1 O0m distance from the edge of a watercourse where the edge of the watercourse (excluding flood plains) is the first identifiable annual bank fill flood bench (subject to compliance to section 144 of the National Water Act 36 of 1998); (c) In respect of a wetland: a 500 m radius around the delineated boundary (extent) of any wetland (including pans); (xv) "rehabilitation" means the process of reinstating natural ecological driving forces within part or the whole of a degraded watercourse to recover former or desired ecosystem structure, function, biotic composition and associated ecosystem services; (xvi) "reportable incident" means any incident, including leakages or spillages, at or near any existing structure, or that occurs during or as a result of works performed at any structure, that cause or has the potential to have a detrimental effect on surface- and/or ground water resources, irrespective of the distance away from the resource that has become impacted or polluted, including potentially harmful effects to humans, any aquatic biota, or the resource quality, or that can cause potential damage to property, as well as any incident that can lead to or cause any contravention of any of the provisions of this Notice. (xvii) "resource quality" of a watercourse means the quality of all the aspects of a water resource including (a) the quantity, pattern, timing, water level and assurance of instream flow; (b) the water quality, including the physical, chemical and biological characteristics of the water; (c) the character and condition of the instream and riparian habitat; and (d) the characteristics, condition and distribution of the aquatic biota; (xviii) "responsible authority" means any responsible person as delegated by the Minister in terms of 3 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 DESEMbER 2023 No. 49833 211 the National Water Act 36 of 1998; (xix} "river management plan" means any river management plan or similar management plan developed for the purposes of river or storm water management or infrastructure management in any municipal/metropolitan area or described river section, river reach, entire river or sub quaternary catchment that considers the river in a catchment context and as approved by the Department; (xx) "the Act" means the National Water Act 36 of 1998; (xxi} "water user" means any person who intends to use water in terms of section 21 (c) or (i) of the Act and has the responsibility to comply with the provisions of this Notice. Exclusion to this Notice 3. This Notice does not apply (a) to the use of water in terms of section 21 (c) or (i) of the Act for the rehabilitation of a wetland as contemplated in General Authorisation 1198 published in Government Gazette 32805 dated 18 December 2009, (b) to the use of water in terms of section 21 (c) or (i) of the Act within the regulated area of a watercourse where the Risk Class is Medium or High as determined by the Risk Matrix (Appendix A). This Risk Matrix must be completed by a suitably qualified SACNASP professional member; (c) in instances where an application must be made for a water use license for the authorisation of any other water use as defined in section 21 of the Act that may be associated with a new activity; (d) where storage of water results due to the impeding or diverting of flow or altering the bed , banks, course or characteristics of a watercourse; (e) to any section 21 (c) or (i) water use associated with construction/installation or maintenance of main or bulk sewerage pipelines, French drains, pipelines carrying hazardous materials. Notwithstanding this requirement, conservancy tanks of not more than 1 (One) tank per hectare and internal sewerage reticulation in residential and mixed use developments including minor sewerage connections to main sewers are not excluded from this Notice provided that the maximum flow in the pipelines are below the 120 I/s threshold; (f) to any section 21 (c) or (i) water use associated with construction of water- and wastewater treatment works including package plants and septic tanks; (g) to any section 21 (c) or (i) water use associated with any hazardous material within the regulated area of a watercourse; and (h) to any section 21 (c) or (i) water use associated with mining activities and associated infrastructure unless it falls within appendix D1 or 02. Notwithstanding the abovementioned exclusions, Emergency incidents or accidents related to sewerage and hazardous material infrastructure or any of the abovementioned exclusions can be dealt with in terms of section 6 (vii) of this notice. Where the water use falls within paragraph 3 (b)-(h) a water use licence will be required. Duration of Notice 4. This Notice is valid from the date that this notice comes into effect for a period of 20 (twenty) years unless (a) it is replaced or amended by another general authorisation; or (b) the period is extended for a further period by Notice in the Gazette. 4 This gazette is also available free online at www.gpwonline.co.za 212 No. 49833 GOVERNMENT GAZETTE, 8 DEcEMbER 2023 Area of applicability of Notice 5. This Notice applies throughout the Republic of South Africa to the use of water in terms of section 21 (c) or (i) within the regulated area of a watercourse as defined in this Notice. To whom this Notice is applicable Impeding or diverting the flow or altering the bed, banks, course or characteristics of a watercourse 6. (1) A person who (a) owns or lawfully occupies property registered in the Deeds office as at the date of this Notice; (b) lawfully occupies or uses land that is not registered or surveyed; or (c) lawfully has access to land on which the use of water takes place; May on that property or land (i) exercise the section 21 (c) or (i) water use activities set out in Appendix D1 without being subject to the requirement of a Risk Matrix assessment in terms of this notice and subject only to conditions (4) to (12) listed under section 7 of this Notice; (ii) All SOE's and other institutions specified in Appendix D2 having lawful access to that property or land may on that property use water in terms of section 21 (c) or (i) as specified under each of the relevant institution without being subject to a Risk Matrix assessment and subject only to conditions ( 4) to ( 12) listed under section 7 of this Notice. (iii) use water in terms of section 21(c) or (i) water uses if it has a low risk class as determined through the Risk Matrix (Appendix A). ( This Risk Matrix must be completed by a suitably qualified SACNASP professional member). (iv) do maintenance work associated with their section 21(c) or (i) Existing Lawful Use that has a low risk class as determined through the Risk Matrix (Appendix A). (This Risk Matrix must be completed by a suitably qualified SACNASP professional member). (v) conduct rehabilitation of wetlands (read together with General Authorisation 1198 published in Government Gazette 32805 dated 18 December 2009) and/or rivers where such rehabilitation activities has a low risk class as determined through the Risk Matrix (Appendix A). (This Risk Matrix must be completed by a suitably qualified SACNASP professional member). (vi) conduct river and storm water management activities including maintenance of infrastructure as contained in a river management plan or similar management plan. Appendix B contains minimum requirements for such a plan to be approved by the relevant regional office or Catchment Management Agency (CMA). Once approved by the regional office or CMA these plans can be implemented in terms of this GA subject only to conditions (7) to (12) listed under section 7 of this Notice; (vii) conduct emergency work arising from an emergency situation and or incident associated with the persons' existing water use entitlement, provided that all work is executed and reported in the manner prescribed in the Emergency Protocol contained in Appendix C and subject only lo conditions (7) to (12) listed under section 7 of this Notice. In the instances referred to in section 6 (i) and (ii) herein, there is no requirement for compliance to all the conditions of this notice other than section 7(4)-(12) of this Notice. In the abovementioned instances referred to in section 6 (vi) and (vii) herein, there is no requirement for compliance to all the conditions of this notices other than section 7(7)-(12) of this Notice. s This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 DESEMbER 2023 No. 49833 213 (2) A water user who used water in terms of General Authorisation 1 and 2 to the Schedules of Government Notice 398 published in Government Gazette 26187 dated 26 March 2004, General Authorisation 1199 published in Government Gazette 32805 dated 18 December 2009, and General Authorisation 509 published in Government Gazette 40229 dated 26 August 2016 may, continue with such water use without the requirement of re-registering. It is required that the following documents must be submitted as a minimum for the registration process: (a) Master Layout plan indicating all proposed activities in relation to delineated watercourses (b) Relevant registration forms (c) Completed Risk Matrix (Appendix A of this Notice} signed off by suitably qualified SACNASP professional member (d) Any applicable information lo substantiated assessment The following spread sheets and tools must be used during the Risk Assessment: 1 • A Practical Field Procedure for Delineation of Wetlands and Riparian Area (2008) which is available on the Department's website http://www.dws.gov.za, under section 21 (c) and (i) water use authorization. 2 • The Risk Matrix (Excel Spreadsheet) and information regarding the method used in the Risk Matrix is contained in the Deparlment of Water and Sanitation 2015 publication: Section 21 c and I water use Risk Assessment Protocol, which is available on the Deparlment's website http://www.dws.gov.za, under section 21 (c) and (i) waler use authorization, or as amended from time lo time. 3 • Guideline: Assessment of activities/developments affecting wetlands, which is available on the Department's website http://www.dws.gov.za, under section 21 (c) and (i) water use authorization. 4 • Guideline for the determination of buffer zones for rivers, wetlands and estuaries, which is available on the Deparlment's website http://www.dws.gov.za, under section 21 (c) and (i) water use authorization. 5 - Wet-Health series and others. CONDITIONS FOR IMPEDING OR DIVERTING THE FLOW OF WATER OR ALTERING THE BED, BANKS, COURSE OR CHARACTERISTICS OF A WATERCOURSE IN TERMS OF THIS NOTICE 7. (1) The water user must ensure that: (a) Impeding or diverting the flow and/or altering the bed, banks, course or characteristics of a watercourse do not detrimentally affect the on-site and surrounding environment or other up­ stream and down-stream water users, property, health and safety of the general public, or the resource quality. (b) The existing hydraulic, hydrologic, geomorphic and ecological functions of the watercourse in the vicinity of the structure is maintained or improved upon. (c) Upon written request of the responsible authority, the water user must implement any additional management measures and/or monitoring programmes that may be reasonably necessary to determine potential impacts on the water resource and/or management measures to address such impacts. (2) Prior to the carrying out of any works, the water user must ensure that all persons entering on­ site, including contractors and casual labourers, are made fully aware of the conditions and related management measures specified under section 7(1 )-(12) of this Notice. (3) The water user must ensure that (a) any construction camp; storage of vehicles; any storage, washing and maintenance of equipment, and any storage of construction materials and/or chemicals; as well as any sanitation and waste management facilities, (i) is located outside the 1 in 100-year flood line or riparian habitat of a river, spring, lake or dam and or outside any drainage area feeding any delineated wetland or pan, and (ii) must be removed within 30 days after the completion of any works. 6 This gazette is also available free online at www.gpwonline.co.za 214 No. 49833 GOVERNMENT GAZETTE, 8 DEcEMbER 2023 (b) The water user must ensure that the selection of a site for establishing any impeding or diverting the flow or altering the bed, banks, course or characteristics of a watercourse works: (i) is not located on a bend in the watercourse; (ii) avoid high gradient areas, unstable slopes, actively eroding banks, interflow zones, springs, and seeps; (iii) avoid and/or minimise realignment of the course of the watercourse; (iv) minimise the footprint of the alteration, as well as the construction footprint so as to minimise the effect on the watercourse. (c) The water user must ensure that a maximum impact footprint around the works is established, clearly demarcated, that no vegetation is cleared or damaged beyond this demarcation, and that equipment and machinery is only operated within the delineated impact footprint. {d) The water user must ensure that measures are implemented to minimise the duration of disturbance and the footprint of the disturbance of the beds and banks of the watercourse. (e) The water user must ensure that measures are implemented to prevent the transfer of biota that is not indigenous to the environment at the site. {f) The water user must ensure that all works, including for emergency alterations and/or the rectification of incidents, start upstream and proceed in a downstream direction where feasible, to ensure minimal impact on the water resource. (g) The water user must ensure that all material excavated from the bed or banks of the watercourse are maintained in a usable and unpolluted state and stored at a clearly demarcated location until the works have been completed, upon which the excavated material must be backfilled to the locations from where it was taken (i.e. material taken from the bed must be returned to the bed, and material taken from the banks must be returned to the banks). (h) The water user must ensure that adequate erosion control measures are implemented at and near all alterations, including at existing structures and/or activities, with particular attention to erosion control at steep slopes and drainage lines. (i) The water user must ensure that alterations and/or hardened surfaces associated with such structures and/or works (i) are structurally stable; (ii) do not induce sedimentation, erosion or flooding; (iii) do not cause a detrimental change in the quantity, velocity, pattern, liming, water level and assurance of flow in a watercourse; (iv) do not cause a detrimental change in the quality of water in the watercourse; (v) do not cause a detrimental change in the stability or geomorphological structure of the watercourse; and (vi) do not create nuisance condition, or health or safety hazards. U) The water user must ensure that measures are implemented at alterations, including at existing structures and/or activities, to (i) prevent detrimental changes to the breeding, nesting and/or feeding patterns of aquatic biota, including migratory species; (ii) allow for the free up- and downstream movement of aquatic biota, including migratory species; and (iii)prevent a decline in the composition and diversity of the indigenous and endemic aquatic biota. 7 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 DESEMbER 2023 No. 49833 215 (k) The water user must ensure that no substance or material that can potentially cause pollution of the water resource is being used in works, including for emergency alterations and/or the rectification of reportable incidents. (I) The water user must ensure that measures including storm water measures are implemented to prevent increased turbidity, sedimentation and detrimental chemical changes to the composition of the water resource as a result of carrying out the works, including for emergency alterations and/or the rectification of reportable incidents. (m) During the carrying out of any works, the water user must take dated photographs one week before, weekly during and weekly for 4 weeks after the completion of such works including for emergency structures and rectifications of reporting incidents. These photographs must be made available to the responsible authority, upon request. Rehabilitation (4) (a) For rehabilitation as contemplated under paragraph 6(1 )(v); the rehabilitation must be conducted in terms of a rehabilitation plan and implementation of the plan must be overseen by a suitably qualified SACNASP professional member or SACLAP professional. This includes rehabilitation being done for emergency alterations and/or the rectification of reportable incidents. (b) For all other construction or maintenance activities upon completion of the construction activities related to the water use {i) systematic rehabilitation must be undertaken to restore the watercourse to its condition prior to the commencement of the water use; (ii) all disturbed areas must be re-vegetated with indigenous vegetation suitable to the area or according to a plant species plan; (iii) active alien invasive plant control measures must be implemented to prevent invasion by exotic and alien vegetation within the disturbed area; and (iv) The Master Layout Plan as was used during the risk assessment must ensure "Design with nature" principles by excluding sensitive area, provide erosion protection, upkeep and maintenance of structures. {c) Following the completion of any works, or during any annual inspection to determine the need for maintenance at any impeding or diverting structure, the water user must ensure that all disturbed areas are (i) cleared of construction debris and other blockages; (ii) cleared of alien invasive vegetation; (iii) reshaped to free-draining and non-erosive contours, and (iv) re-vegetated with indigenous and endemic vegetation suitable to the area. (d) Upon completion of any works, the water user must ensure that the hydrological functionality and integrity of the watercourse, including its bed, banks, course {flow regime), riparian habitat and aquatic biota is equivalent to or exceeds that what existed before commencing with the works. Monitoring and Reporting (5) (a) The water user must determine the in-stream baseline water quality for pH, EC, TSS, Turbidity, Temperature and Dissolved Oxygen {"DO") weekly for 1 month before commencement of the water use. This must include dated photographic records of all the sites. Thereafter in-stream water quality {same parameters) must be measured on a 8 This gazette is also available free online at www.gpwonline.co.za 216 No. 49833 GOVERNMENT GAZETTE, 8 DEcEMbER 2023 weekly basis during construction both upstream and downstream from the activities and continue until baseline values have been achieved. Baseline water quality levels and other resource quality characteristics must be reached and be maintained after construction and rehabilitation. (b) The water user must ensure the establishment and implementation of a monitoring program as required to measure the impacts on the resource quality as mentioned in 7(3)a-m. (c) Upon the written request of the responsible authority the water user must: (i) Ensure the establishment of any additional monitoring programmes or plan; and (ii) Asses the waler use measurements made in terms of this notice and submit the finding to the responsible authority for evaluation; and (iii) Ensure environmental audits are conducted; and (iv) Submit electronically as indicated under Record Keeping and Disclosure of Information under section 7(8) of this notice; (d) Upon completion of construction activities related to the water use, the water user must undertake an Environmental Audit by a suitably qualified person within 6 months of completion of the activities to ensure that the rehabilitation is stable. Should the Environmental Audit find that further remedial work is required to rectify any impacts it must be implemented. (e) Rehabilitation structures must be inspected monthly for the accumulation of debris, blockages, instabilities and erosion with concomitant remedial and maintenance actions until it is stable. (f) Copies of all designs, method statements, rehabilitation and monitoring plans and any other relevant reports as considered in the Risk Matrix, must be made available to the responsible authority as per section 141 of the Act as per request under paragraph (5)(c)iii. Budgetary provisions (6) (a) The water user must ensure that there is a budget sufficient to complete, rehabilitate, monitor and maintain the water use as set out in this Notice. (b) The Department may at any stage of the process request proof of budgetary provisions. Registration (7) (a) Subject to the provisions of this General Authorisation, a new water user must submit the relevant registration forms to the responsible authority. (b) The responsible authority must provide confirmation of registration to the water user within 30 working days of the responsible authority being satisfied that the submission complies to all the requirements of this notice. (c) On written receipt of a registration certificate/letter from the Department, the person will be regarded as a registered water user and can only then commence with the water use as contemplated in this Notice. (d) Upon change of ownership the successor in title must notify the region or CMA within 3 months to have the existing entitlement registered in his/her name. NOTE: Registration Forms can be obtained from DWS Regional Offices or Catchment Management Agency office of the Department or from the Departmental website: http\\www.dws.gov.za and EWULMs 9 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 DESEMbER 2023 No. 49833 217 Record-keeping and disclosure of information (8) (a) Subject to paragraph (5)(a) and (5)(c) above, the water user must, for at least the first five years, keep a written record of monitoring results and any other supporting documents related to the activity and its related risks and must be made available upon inspection or written request. (b) Water users are further required to register on www.dws.gov.za/dir ws/wsmenu and upload all documents applicable to the full project lifecycle including baseline water quality data and monthly monitoring data against baseline as required in terms of paragraph (5) on the departmental Integrated Regulatory Information System (see information box below). NOTE: The water user shall register on the Integrated Regulatory Information System on http://ws.dwa.gov.za/lRIS.aspx Inspection (9) Any property in respect of which a water use has been registered in terms of this Notice is subject to inspection as contemplated in sections 124 and 125 of the Act. Offences (10) A person who contravenes any provision of this authorisation is guilty of an offence as set out in section 151 (1) of the Act and is subject to the penalty set out in section 151(2) of the Act. Compliance with this Notice, the Act, Regulations under the Act, and other laws (11) The responsibility for complying with the provisions of this authorisation is vested in the water user and not any other person or body. (12) This authorisation does not exempt a person who uses water from compliance with any provision of the Act unless stated otherwise in this Notice, or any other applicable law, regulation, ordinance or by-law. 10 T his gazette is also available free online at w w w .g p w o n lin e.co .za 2 1 8 N o . 4 9 8 3 3 G O V E R N M E N T G A Z E T T E , 8 D E c E M b E R 2 0 2 3 APPENDIX A: RISK ASSESSMENT MATRIX (RAM) (Based on DWS 2015 publication: Section 21 (c) and (i) water use Risk Assessment Protocol). To be completed by a suitably qualified SACNASP professional member. Risk must be determined for the applicable phases as contained in the Risk Matrix. THE LATEST OFFICIAL VERSION OF THE RISK ASSESSMENT MATRIX (RAM) EXCEL SPREADSHEET OF THE DEPARTMENT AT THE TIME OF DOING AN ASSESSMENT SHOULD BE USED TO DETERMINE THE RISKS POSED BY THE PROPOSED ACTIVITIES TO THE RESOURCE QUALITY OF THE TRIGGERING WATERCOURSE. RISK ASSESSMENT MATRIX MUST BE CONDUCT~ED BY A SUITABLY QUALIFIED SACNASP PROFESSIONAL MEMBER AND HE/SHE MUST: 1) CONSIDER ALL RELEVANT PHASES OF PROPOSED ACTIVITIES (CONSTRUCTION AND OPERATIONAL PHASES AS MINIMUM); 2) CONSIDER RISKS TO RESOURCE QUALITY WITH THE PROPOSED CONTROL MEASURES (AS SPECIFIED) ASSUMED TO BE IN PLACE; 3) CONSIDER THE PRESENT ECOLOGICAL STATUS (PES) AND ECOLOGICAL IMPORTANCE AND SENSITIVITY (EIS) OF THE WATERCOURSE AS RECEPTOR OF RISKS POSED; 4) RATE POSITIVE IMPACTS/RISKS REDUCTION USING NEGATIVE IMPACT INTENSITY SCORES IN THE RAM; 5) INDICATE CONFIDENCE LEVEL OF SCORES PROVIDED IN THE LAST COLUMN AS A CATEGORY (LOW/MEDIUM/HIGH); ON THE RAM EXCEL SPREADSHEET, ROWS THAT ARE NOT NEEDED CAN BE DELETED AND ADDITIONAL ROWS CAN BE ADDED MIF REQUIRED Minimum information requirements for submission for registration: • DWS application forms • Master Layout Plan showing all infrastructure/activities in relation to delineated watercourses • Watercourse delineation and assessment report • Signed off Risk Matrix • All other relevant information to assist DWS to make an informed decision T his gazette is also available free online at w w w .g p w o n lin e.co .za S T A A T S K O E R A N T , 8 D E S E M b E R 2 0 2 3 N o . 4 9 8 3 3 2 1 9 APPENDIX B: Aspects that must be addressed in any RIVER MANAGEMENT PLAN or Similar Management Plan as specified under paragraph 6 (1) (vi) of this Notice. (There is no requirement to comply with all the conditions of this notice for activities executed in terms of this plan except for section 7(7)-(12) which must be complied with). River Management Plans for storm water and river management activities and maintenance management plans MUST: Contain information on all the river and storm water management activities in terms of section 21(c) or (i) water uses of the Act with a section addressing all relevant supporting technical information used to ensure a LOW risk will be posed to the resource quality of the watercourses and that this management plan have been submitted to the relevant regional operations or Catchment Management Agency (CMA) office for APPROVAL. The report must include, but may not be limited to: When developing a River Management Plan: 1. Identify River Management Plan domain, preferably from a whole-catchment perspective; 2. Identify an accountable, representative body that should take unbiased custodianship of the RMP and drive its implementation; 3. Identify key stakeholders; 4. Divide the river into useful management units; 5. Identify major drivers of river disturbance and instability- human and natural, and their primary and secondary effects; 6. Solicit input from stakeholders on their priorities and objectives; 7. Define best practice measures for rehabilitation and maintenance implementation; 8. Design a plan for ecological monitoring which is specifically linked to the stated objectives; and 9. Develop an implementation programme and review mechanism. Report should contain supporting technical information used to ensure the low risk to resource quality like: a) Impact Assessment Report completed by an independent consultant; b) All the relevant specialist reports supporting the proposed mitigation measures; ► Specialists Reports must address the level of modification/risk posed to resource quality ie: flow regime, water quality, geomorphological processes, habitat and biota of the watercourses and contain Present Ecological state (PES) and Ecological Importance and Sensitivity (EIS) data for relevant watercourses; c) Environmental management plan giving effect to all actions required to mitigate impacts (What, When, Who, Where and How); d) Best practices applicable to these activities, where applicable; e) Generic designs and method statements, where applicable; ii T his gazette is also available free online at w w w .g p w o n lin e.co .za 2 2 0 N o . 4 9 8 3 3 G O V E R N M E N T G A Z E T T E , 8 D E c E M b E R 2 0 2 3 f) Norms and standards, where available; g) Maintenance plan for any work done; h) Monitoring programme that must include "present day" conditions to be used as base line values; i) Monitoring, auditing and reporting programme (reports must be send on request to the region or CMA); and; j) Internalized controls and auditing, where applicable. PLEASE NOTE: Any activities outside the scope of the approved plan that is required for river - or storm water management (example: building of new gabion structures to stop bank erosion) must comply to all the provisions in Section 6 ofthis notice. iii T his gazette is also available free online at w w w .g p w o n lin e.co .za S T A A T S K O E R A N T , 8 D E S E M b E R 2 0 2 3 N o . 4 9 8 3 3 2 2 1 APPENDIX C: EMERGENCY PROTOCOL as specified under paragraph 6 (1) (vii) of this Notice. (There is no requirement to comply to all the conditions of this notice for activities executed in terms of this protocol except for section 7(7)-(12) which must be complied to). Purpose of the "Emergency Protocol" The purpose of this protocol is to set out the process to be followed and actions to be taken by any person to provide assurance to the DWS in ensuring emergency incidents and situations can be responded to, while at the same time ensuring compliance to the requirements of the National Water Act. Failure to comply to these requirements will be dealt with in terms of section 19 or 20 of the National Water Act (NWA)(Act 36 of 1998). The protocol relates to situations where any person or entity is required to immediately respond by taking necessary action to an emergency situation or incident. It is noted that this does not include routine or planned maintenance or to deal with poor project planning. Emergency Protocol: This "Emergency Protocol" spells out what protocol needs to be followed to remedy "emergency situations and incidents". In terms of Section 67 of the National Water Acr Dispensing with certain requirements of Act"the NWA states the following: (1) In an emergency situation, or in cases of extreme urgency involving the safety of humans or property or the protection of a water resource or the environment, the Minister may (a) dispense with the requirements of this Act relating to prior publication or to obtaining and considering public comment before any instrument contemplated in section 158(1) is made or issued; (b) dispense with notice periods or time limits required by or under this Act; (c) authorise a water management institution to dispense with (i) the requirements of this Act relating to prior publication or to obtaining and considering public comment before any instrument is made or issued; and (ii) notice periods or time limits required by or under this Act. (2) Anything done under subsection (1) ( a) must be withdrawn or repealed within a maximum period of two years after the emergency situation or the urgency ceases to exist; and (b) must be mentioned in the Minister's annual report to Parliament. iv T his gazette is also available free online at w w w .g p w o n lin e.co .za 2 2 2 N o . 4 9 8 3 3 G O V E R N M E N T G A Z E T T E , 8 D E c E M b E R 2 0 2 3 (3) An incident is an event that requires immediate attention that might lead to potential disruption of service delivery. Examples include the following: Replacement of stolen or vandalised or damaged underground cables or, overhead power lines, burst pipelines, flooded or damaged bridges and /or related infrastructure, the replacement of/or repairs to damaged infrastructure. Described below is the process to be followed and definitions. Process to respond to an Emergency that has a water use implication in terms of section 21 water uses of the NWA. Upon successful completion of the project in compliance with the protocol described below the region/CMA can register the General Authorisation in terms of this Notice. Definitions: Emergency incident and situations as defined in this notice read together with section 20 and 67 of the NWA. PROTOCOL TO BE FOLLOWED: Any person that must attend to an emergency must notify the regional office or CMA about the emergency immediately within 24 hours (as in 1 below). Continuous liaison with the regional office or CMA must be done to keep them informed. All required documents related to planned activities must be submitted to the region or CMA within 14 days of the Emergency. A final report on all executed activities to deal with the emergency must be provided to the relevant region or CMA within 3 month after the date of the emergency occurring and must be drafted in accordance with the specified protocol in this document. Should the incident take place over a weekend or pubic holiday (outside DWS working hours), the reporting can be forwarded to regional office or CMA and receipt be followed-up on the day after the weekend or holiday. 1) Relevant DWS regional office or CMA to be notified about the emergency incident or situation (hereafter referred to as an Emergency) by means of an email and/or 24 hour hotline of DWS. The document emailed must as a minimum contain the following information: a. Date of occurrence of the emergency; b. Date at which any person became aware of the emergency; c. Nature of emergency; d. A motivation and definition of the emergency; e. Description, location and receiving environment sensitivity of the emergency; f. Description of short, medium and long term actions, environmental management and rehabilitation, and emergency plan required to be taken to respond to the emergency; g. Date(s) when the actions will be taken (or have taken place); V T his gazette is also available free online at w w w .g p w o n lin e.co .za S T A A T S K O E R A N T , 8 D E S E M b E R 2 0 2 3 N o . 4 9 8 3 3 2 2 3 h. Contract detalls of responsible persons. 2) The following is a list of the required information that must be submitted to the relevant regional office or CMA within 3 months following the Emergency response to enable the regional office or CMA to determine whether the activities qualifies for a GA in terms of this Notice or whether a post facto licence will be required. Tabulated list of information required to be submitted within a maximum of 3 month after the occurrence of the "Emergency": I Table of Contents List of Appendices List of Maps List of Tables 1. DESCRIPTION OF Emergency situation, location, date, etc. 1.1. Motlvat1on that situation was an emergency 2. EMERGENCY RESPONSE PROGRAMME 3. METHODOLOGY FOLLOWED 4. ENVIRONMENTAL MANAGEMENT STRATEGY 4.1 Description of risks to resource quality and mitigation measures implemented to reduce risks (This report must be based on the Risk Matrix to be completed by SACNASP registered Professional) . 4.2. Environmental Impact Management+ rehabilitation plan (what, where, when, who, how) 4.3. Monitoring and Review Strategy 5. RESPONSIBILITIES AND PRESCRIBED OCCUPATIONS 6. DECLARATIONS 6.1. Design Engineer 6.2. Site Manager 6.3. Environmental Practitioner/ Environmental Control Officer (contact person) List of Appendices APPENDIX A: Design/CONSTRUCTION DRAWINGS APPENDIX 8: ENVIRONMENTAL MANAGEMENT PLAN List of Maps Map 1: Site location Map 2: Location of watercourses affected Map 3: Master Layout Plan List of Tables Table 1: Schedule of Crossings Table 2: Programme (Start and Completion dates) Table 3: Risk Rating Matric (Impacts and Significance Ratings) Table 4: Mitigation Measures Table 5: Rehabilitation Measures including Plant Species Plan where necessary vi T his gazette is also available free online at w w w .g p w o n lin e.co .za 2 2 4 N o . 4 9 8 3 3 G O V E R N M E N T G A Z E T T E , 8 D E c E M b E R 2 0 2 3 Table 4: Stormwater Management Plan Table 6: Monitoring and Review Measures Compliance to this Emergency Protocol does not absolve any person from complying with the requirements of any other laws and associated regulations. APPENDIX D1: Activities listed that are generally authorized for any person subject only to compliance to conditions 7(7)-{12) of this Notice. (No requirement for a Risk Matrix Assessment) Any person ACTIVITY Any person EmerQency river crossinQs for vehicles to gain access to livestock, crops or residences etc. Any person Construction of a single residential house and associated infrastructure (including sewer connections below 120I/s, conservancy tanks or French drains provided the sewerage disposal infrastructure is at least 100 m from any watercourse) Any person Maintenance to private roads and river crossings provided that footprint remains the same and the road is less than 4 m wide. 1 Any person Erection of fences provided that the fence will not in any way impede or divert flow, or affect resource Quality detrimentally in the short, medium to lonQ term. Any person Construction of Renewable Energy Projects Solar and associated infrastructure like access road, battery storage area and grid infrastructure (excluding substations) provided that: It will not result in any direct impact/destruction on any watercourses and where the sewerage infrastructure is located more than 1 00m from any watercourse. Where there will be any direct impacts/destruction of any watercourses the entire project must be subjected to a comprehensive Risk Matrix Assessment to determine the appropriate entitlement for the project. (Read together with General notice 665 of 6 Sept 2013 General Authorisation section 21 (e) or as amended). Any person Mini-scale hydropower developments with a maximum capacity of 10kW- 300kW (Read together with General notice 665 of 6 Sept 2013 General Authorisation section 21 (e) or as amended). These hydropower plants will provide basic, non-grid electricity to rural communities and agricultural land and must in no way affect the flow regime, flow volume and/or water aualitv includinq temperature. Any person Construction or maintenance of floating jetties (temporary and permanent) and slipways. Constructed jetties other than floating are excluded from this aooendix and must be subjected to the Risk Matrix. vie T his gazette is also available free online at w w w .g p w o n lin e.co .za S T A A T S K O E R A N T , 8 D E S E M b E R 2 0 2 3 N o . 4 9 8 3 3 2 2 5 APPENDIX 02: Activities listed that are generally authorized for institutions subject only to compliance to conditions 7(7)-(12) of this Notice. (No requirement for a Risk Matrix Assessment) INSTITUTION ACTIVITIES ESKOM and other institutions Construction of new overhead transmission and distribution power lines outside the active channel of a river and/or outside the extent of a wetland, and minor maintenance of roads, river crossings, towers and substations where footprint will remain the same. The maintenance or replacement of existing overhead and underground cables where it is done in terms of the Emergency Protocol. However, New underground cables and underground and overhead cables within the extent of a wetland must be subjected to the Risk Matrix and are therefore excluded from this appendix. SANPARKS and provincial Construction and maintenance of all pipe lines (including sewerage) below 500 mm in diameter. conservation agencies SANRAL and other institutions All maintenance of bridges and run-up road sections over rivers, streams and wetlands and construction of new bridges and run-up roads over non-perennial rivers done according to SANRAL Drainage Manual or similar norms and standards. For these linear projects where any other part of the project constitute a section 21 (c) or (i) water use the Risk Matrix must be applied and could result in the entire project being authorised under one authorisation, either a GA or a WUL if "risks" are moderate or high, and are therefore excluded from this aooendix. (Use of pipe culverts in any form for brid9es or crossin9s is not permitted) TRANSNET Maintenance of railway line crossings of watercourses which includes bridges, culverts and access roads as well as minor maintenance of bridges, culverts, access roads and pump stations where the footprint will remain the same. For these linear projects where any other part of the linear project constitute a section 21 (c) or (i) water use the Risk Matrix must be applied and could result in the entire project being authorised under one authorisation, either a GA or a WUL if "risks" are moderate or high, and are therefore excluded from this appendix. Gautrain Management Agency Maintenance of existing infrastructure and expansion to crossings of non-perennial rivers within the existing servitude. Bridges crossing any other watercourses must be subjected to a risk matrix to determine the appropriate entitlement. For these linear projects where any other part of the project constitute a section 21 (c) or (i) water use the Risk Matrix must be applied and could result in the entire project being authorised under one authorisation, either a GA or a WUL if "risks" are moderate or high, and are therefore excluded from this appendix. TELKOM and all other Installation of all cables where watercourses are crossed by Horizontal Directional Drilling or pipe jacking and/ communication companies or conventional installation (trenching) of cables crossing rivers or passing through the regulated area of a wetland and/or pan but outside the extent of the wetland and/or pan. However, conventional installation of cables through the extent of a wetland or pan must be subjected to the Risk Matrix and are excluded from this appendix. viii T his gazette is also available free online at w w w .g p w o n lin e.co .za 2 2 6 N o . 4 9 8 3 3 G O V E R N M E N T G A Z E T T E , 8 D E c E M b E R 2 0 2 3 Water provision institutions All maintenance of existing water pipelines and construction of new raw and drinking water pipe lines 1.5 meter diameter and smaller crossing non-perennial rivers and/or wetlands outside delineated wetland boundary or extent. Pipelines crossing perennial rivers and wetlands or pans within the extent/boundary of wetlands or pan must be subjected to the Risk Matrix and could result in the entire project being authorised under one authorisation, either a GA or a WUL if "risks" are moderate or high and are therefore excluded from this appendix. Control of aquatic alien 1 )When the control will be executed, monitored and reported in terms of a control plan as approved by the invasive species relevant regional office or CMA. 2) Release of approved biological control agents for alien invasive aquatic weeds. Institutions Emergency ventilation shafts outside a scientifically determined buffer of a watercourse for this purpose and rescue boreholes located outside the extent of any watercourse. IMPORTANT NOTICE: Where infrastructure will be located inside the boundary of any wetland or pan it means that it cannot qualify for this Notice according to Appendix 02 but can still potentially qualify should the Risk Matrix indicate such. ix