National Water Act: Regulations: Establishment of water resource classification system (No. R. 810 of 2010)

No. R. 810 STAATSKOERANT, 17 SEPTEMBER 2010 DEPARTMENT OF WATER AFFAIRS DEPARTEMENT VAN WATERWESE No. 33541 7 17 September 2010 REGULATIONS FOR THE ESTABLISHMENT OF A WATER RESOURCE CLASSIFICATION SYSTEM The Minister of Water and Environmental Affairs, M~ Buyelwa Patience Sonjica, has under section 12(1) of the NationaI Water Act, 1998 (Act No. 36 of 1998) made the regulations in the Schedul~. . S B. P SONJICA, MP INISTER OF WATER AND ENVIRONMENTAL AFFAIRS shenelle Rectangle 8 No. 33541 INTRODUCTION GOVERNMENT GAZETTE, 17 SEPTEMBER 2010 SCHEDULE Tl1e Water Resource Classification System and other measures laid down by the Act are together intended to ensure the ecological sustainability of all the significant water resources by taking into consideration the social and economic needs of competing interests by all. who rely on the water resources. Definitions 1. In these Regulations any word or expression to which a meaning has been assigned in the· Act shall have the meaning so assigned, and unless the context otherwise indicates "ecological category" means the assigned ecological condition by the Minister to a water . ~ '" . resource that reflects the ecological· condition of that water resource in terms of the deviation of its biophysical components from a predevelopment condition; "ecologically sustainable base configuration scenario" means the lowest acceptable level of protection required for the sustainable use of the entire integrated unit of analysis; "ecological water requirements" in relation to a water resource. means the quantity and quality of water of that resource that is required to maintain the said water resource in its assigned ecological category; . "ecosystem goods, services and attributes" means the goods, services and attributes that ecological systems provide that are critical to the functioning of the earth's life-support system, and which contribute both directly and indirectly to human welfare, and therefore have economic value; "integrated unit of analysis" means a water resource catchment that incorporates a socia-economic zone, but is defined by a watershed; STAATSKOERANT, 17 SEPTEMBER 2010 No. 33541 9 "pre-development condition" in relation to a water resource, means the condition of that resource prior to significant alteration to its biophysical components by human impact; ."the Act" means the National Water Act, 1998 (Act No. 36 of 1998); and "watershed" means a line of separation between water resources. Procedure for determining different classes of water resources 2. (1) The class of a water resource must describe­ (a) the extent of use of the water resource; (b) the Reserve; (e) the resource quality objectives; and . . (d) the determination of the allocable portioh of a water resource for use. (2) Water resources must be classified into one of the fo"!lowing c1asses­ (a) Class I water resource; (b) Class II water resource; or (e) Class "' water resource. (3) (a) A Class rwater resource is one­ (i) which is minimally used; and (ii) in which the configuration of the ecological categories of the water resources within" a catchment results in an overall cohdition of that water resource that. . is minimally altered from its pre-development condition.. (b) A Class" water resource is one­ (i) which is moderately used; and (ii) in which the configuration of ecological categories of the water resources within 8 catchment results in an overall condition of that water resource that j;:~; rnNI~:r2tE:!:"8ltsr;;;-l from its pre-development condition. (e) A Class III water resource is oln~ 10 No. 33541 GOVERNMENT GAZETTE, 17 SEPTEMBER 2010 (i) which is heavily used; and (ii) in which the configuration of ecological categories of the water resources within a catchment results in an overall condition of that water resource that is significantly altered from its pre-development condition. (4) The procedure to d~terrnine the different classes of water resources must comprise of th~ following 7 st~ps: . (a) Step 1: Delineate the units of analysis and describe the status quo of the water resource or water resources; (b) Step 2: Link thesocio-economic and ecological value and condition of the water resource or water resources; . (c) Step 3: Quantify'the ecological water requirements and changes in non-water .quality ecosystem goods, services and attributes; (d) St~p 4: Determine an ecologically sustai~abre base configuration scenario; (e) Step 5: Evaluate scenarios within the inte:grated water resource management process; (f) Step 6: Evaluate the scenarios with stakeholders; and (g)Step 7: Gazette and implement the class configuration. Procedure for determining the Reserve 3. For each water resource class, the procedure for the determination of the Reserve must comprise of the following 8 steps: (a) Step 1: Initiate the basic human needs and ecological water requirements assessment; (b) Step 2: Determ}ne eco-regions, delineate resource units, select study sites and, . where appropriate, align with Step 1 of the water resource classification procedure set out in regulation 2(4); (c) Step 3: Determine the reference condition.. present ecological status and the eco),:)oic2J impo![i3nce and sGr;~3iti\'ilY of '~;c!ch of the selected study sites; STAATSKOERANT. 17 SEPTEMBER 2010 No. 33541 11 (d) Step 4: Determine the basic human needs and ecological water requirements for each of the selected study sites and, where appropriate, align with Step 3 of the water resource classification procedure set out in regulation 2(4); (e) Step 5: Determine operational scenarios and its socia-economic and ecological consequences; (f) Step 6: Evaluate the scenarios with stakeholders and align with Step 6 of the water resource classification procedure set out in regulation 2(4); (g) Step 7: Design an appropriate monitoring programme; and (h) Step 8: Gazette and implement the Reserve. Procedure for determining resource quality objectives 4. For each water resource class, the procedure for establishing resource'. quality objectives must comprise of the following 6 steps: (a) Step 1: Identify water users within each water resource management unit, and where appropriate, align with Step 1 of the water resource classification procedure set out in regulation .2(4); (b) Step 2: Determine the present state per water user and, where appropriate, , ' , align with Step 5 of the water resource classification procedure set' out in regulation 2(4); (e) Step 3: Determine the desired water quality per user and, where appropriate, align with Step 6 of the water resource classification procedure set out in regulation 2(4); (d) Step 4: Determine water user specifications and, where appropriate, align with , . Step 6 ofthe water resource classification procedure set out in regulation 2(4); (e) Step 5: Determine water quality requirements of water uses and, where " appropriate, align with Step 6 of the water resource classification procedure set out in regulation 2(4); and (f) Step 6: Gazette and implement the resource quality objectives. 12 No. 33541 Title GOVERNMENT GAZETTE, 17 SEPTEMBER 2010 5. These regulations shall be called the Regulations for the Establishment of the Classification Syste~, 2010.