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Department of Water Affairs and Forestry Internal Guideline August 2007

Internal Guideline: Generic Water Use Authorisation Application Process Page i

Published by

Department of Water Affairs and Forestry

Private Bag X313 PRETORIA

0001 Republic of South Africa

Tel: (012) 336-7500

Copyright reserved

This publication may be reproduced only for non-commercial purposes, and only after appropriate authorisation by the Department of Water Affairs and Forestry has been

provided. Additional copies can be requested from the above address.

No part of this document may be reproduced in any manner without the full acknowledgement of the source.

This report should be cited as:

Department of Water Affairs and Forestry (2007) Internal Guideline: Generic Water Use Authorisation Application Process

Disclaimer

This document does not replace the National Water Act (NWA) (Act No 36 of 1998), or any regulations or notices published in terms of the NWA. It does not contain all

requirements for water uses. If there are any differences or omissions in this document, then the NWA and its regulations and notices apply.

Although the information contained in this document is presented in good faith and

believed to be correct, the Department of Water Affairs and Forestry makes no representations or warranties as to the completeness or accuracy of the information,

which is only based on actual information received.

Prepared by:

Water Resources Functional Management Committee

Document Version:

August 2007


Internal Guideline: Generic Water Use Authorisation Application Process Page ii

APPROVAL TITLE: Internal Guideline: Generic Water Use Authorisation Application

Process DATE: August 2007 AUTHORS: A. Muir FORMAT: MS Word and PDF WEB ADDRESS: www.dwaf.gov.za Approved for the Department of Water Affairs and Forestry by: _____________________________________ Ms Valerie du Plessis Deputy Director: Environment and Recreation _____________________________________ Mr Piet Pretorius Director: Water Abstraction and Instream Use _____________________________________ Ms Deborah Mochotlhi Chief Director: Water Use Date:


Internal Guideline: Generic Water Use Authorisation Application Process Page iii

CONTRIBUTORS The following persons contributed to the development of this document: Department of Water Affairs and Forestry Project management committee Mr Flip Nöthling Deputy Chief Engineer: Abstraction and Storage Mrs Riana Munnik Deputy Director: Mines Dr Magda Ligthelm Deputy Director: Agriculture Mr Francois Van Der Merwe Chief Engineer: Abstraction and Storage Mr Letladi Maisela Assistant Director: Chief Directorate Water Use Technical task team Mr Jabulani Maluleka Deputy Director: Industries Ms Shane Naidoo Deputy Director: Source Co-Ordination Mrs Valerie Du Plessis Deputy Director: Environment and Recreation Mr Johan Daffue Assistant Director: Source Co-Ordination Mrs Anet Muir Assistant Director: Environment and Recreation Consultative inputs Mr Gravelin Blondin Deputy Regional Director: KwaZulu Natal Mr Marius Keet Deputy Regional Director: Gauteng Mr Marcus Selepe Deputy Regional Director: Mpumulanga Dr Johan Van Der Merwe Deputy Regional Director: Free State Mr Petrus Venter Deputy Regional Director: North West Other parties and advisors Mr J Mare M2 Environment Connections Ms Danielle Strydom Isifundi Ms Laura Forster Isifundi Ms Cornelia Holl Isifundi Mr Frank Wimberley Golder Associates


Internal Guideline: Generic Water Use Authorisation Application Process Page iv

FOREWORD

Water plays a vital role in the socio-economic growth and development of the country. This growth and development is founded in the national goals of Government as contained in the policy for Accelerated Shared Growth Initiative for South Africa (ASGISA). Based on this importance, a survey was conducted to determine the reasons for the delays and lack of progress with the issuing of water use licences. The outcome of the survey recommended immediate Department of Water Affairs and Forestry (DWAF) intervention to speed up and harmonise the water use authorisation process. The DWAF guideline for the assessment and issuing of water licences, Water Use Authorisation Process for Individual Applications Edition 1: Final Draft for Implementation, dated December 2000 had thus been in use for more than six years. The processes and procedures described in the document contributed towards the use of differing authorisation approaches amongst the various Directorates. This has led to a general concern within the Department and amongst the external stakeholders with regard to the improper amount of time taken to assess, evaluate, process, and issue (or decline to issue) a water use authorisation licence. The harmonisation and streamlining of the water use authorisation process is considered to be of the utmost importance, as the survey revealed that the main reason for delays are the non-uniform water use authorisation tools that had been developed since the National Water Act (NWA) (Act No 36 of 1998) came into force in 1998. These tools, which included guidelines, guides, protocols, and checklists, are fragmented, and are not uniformly applied in the water use authorisation process. A Technical Task Team was commissioned by the Chief Director: Water Use to develop a streamlined water use authorisation process to ensure uniform implementation in all regional offices. The key objective was to format, standardise, and align water use authorisation tools into one suite of documents, or Toolkit. It is the expectation of the Chief Directorate: Water Use that the different assessment tools have been aligned, that the format and structure contributes towards ease of use, and that the multimedia interactive CD of the Toolkit, which is also available on the Department’s Intranet, will provide easy referencing of the associated documents. A process of capacity building and training will facilitate the use of the streamlined water use authorisation process by relevant officials. In order to avoid a situation similar to the one that prevailed since 1998, all users of the document are invited to submit comments that will contribute towards the revision and further improvement of the documentation and ultimately the efficiency of the water use authorisation process. Ms Deborah Mochotlhi Chief Director: Water Use Department of Water Affairs and Forestry


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TABLE OF CONTENTS 1 PURPOSE OF THE GUIDELINE .................................................................................1

2 BACKGROUND...........................................................................................................1

3 NATIONAL AND REGIONAL WATER USE AUTHORISATION ASSESSMENT ADVISORY COMMITTEES.........................................................................................5

4 WATER USE AUTHORISATION PROCESS ...............................................................5

4.1 PRE-APPLICATION CONSULTATION AND NEEDS DETERMINATION..................................6 4.2 APPLICATION AND INFORMATION GATHERING.............................................................8 4.3 LEGAL ASSESSMENT................................................................................................9

4.3.1 Schedule 1 water uses.............................................................................9 4.3.2 Continuation of an existing lawful use ....................................................10 4.3.3 General Authorisations...........................................................................11 4.3.4 Dispensing with the requirement for a licence ........................................12 4.3.5 Water use licensing................................................................................12 4.3.6 Transfer of a water use entitlement ........................................................12

4.4 TECHNICAL ASSESSMENT.......................................................................................13 4.4.1 Critical aspects to considered during technical assessment ...................13 4.4.2 Information requirements .......................................................................14 4.4.3 Resource directed measures .................................................................14 4.4.4 Source directed controls.........................................................................15 4.4.5 Section 27 evaluation.............................................................................15 4.4.6 Other legislative frameworks ..................................................................15 4.4.7 Delegation of powers .............................................................................16

5 WATER USE GUIDELINES.......................................................................................17

5.1 SUPPORTING GUIDELINES ......................................................................................17 5.2 SPECIFIC GUIDELINES............................................................................................17 5.3 GENERIC GUIDELINES ...........................................................................................18 5.4 SECTION 21 (A): TAKING WATER FROM A WATER RESOURCE ....................................19 5.5 SECTION 21(B): STORING WATER ..........................................................................19 5.6 SECTION 21(C) IMPEDING OR DIVERTING THE FLOW OF WATER IN A WATER COURSE ..20 5.7 SECTION 21 (I): ALTERING THE BED, BANKS, COURSE OR CHARACTERISTICS OF A

WATER COURSE ....................................................................................................20 5.8 SECTION 21(D): ENGAGING IN A STREAM FLOW REDUCTION ACTIVITY........................21 5.9 SECTION 21(E): ENGAGING IN A CONTROLLED ACTIVITY ...........................................23 5.10 SECTION 21 (F): DISCHARGING WASTE OR WATER CONTAINING WASTE INTO A WATER

RESOURCE THROUGH A PIPE, CANAL, SEWER OR OTHER CONDUIT ............................23 5.11 SECTION 21 (G): DISPOSING OF WASTE IN A MANNER WHICH MAY DETRIMENTALLY

IMPACT ON A WATER RESOURCE.............................................................................24 5.12 SECTION 21(H): DISPOSING IN ANY MANNER OF WATER WHICH CONTAINS WASTE

FROM, OR WHICH HAS BEEN HEATED IN, ANY INDUSTRIAL OR POWER GENERATION PROCESS..............................................................................................................24

5.13 SECTION 21 (J): REMOVING, DISCHARGING OR DISPOSING OF WATER FOUND UNDERGROUND FOR THE CONTINUATION OF AN ACTIVITY OR FOR THE SAFETY OF PERSONS..............................................................................................................25

5.14 SECTION 21(K): USING WATER FOR RECREATIONAL PURPOSES ................................25

6 INTEGRATED LICENCE APPLICATIONS.................................................................27

7 REVIEW AND AMENDMENT OF WATER USE LICENCES......................................29

7.1 REVIEWING OF LICENCE.........................................................................................29 7.2 AMENDMENT OF LICENCE CONDITIONS....................................................................29

8 APPEALS ..................................................................................................................30

9 DEFINITIONS............................................................................................................30


Internal Guideline: Generic Water Use Authorisation Application Process Page vi

LIST OF TABLES

Table 4.1: List of documents for licence submissions

Table 5.1: Supplementary guidelines

Table 5.2: Water-Use Specific Guidelines

Table 5.3: Generic Guidelines

Table 5.4: List of specific section 21 (a) water use guidelines

Table 5.5: List of specific section 21 (b) water use guidelines

Table 5.6: List of specific section 21 (c) and (i) water use guidelines

Table 5.7: List of specific section 21 (d) water use guidelines

Table 5.8: List of specific section 21 (e) water use guidelines

Table 5.9: List of specific section 21 (f) water use guidelines

Table 5.10: List of specific section 21 (g) water use guidelines

Table 5.11: List of specific section 21 (h) water use guidelines

Table 5.12: List of specific section 21 (j) water use guidelines

Table 5.13: List of specific section 21 (k) water use guidelines

Table 6.1: Sector specific guidelines for mining

Table 6.2: Specific guidelines for agriculture

Table 6.3: Specific guidelines for industry

Table 6.4: Specific guidelines for local government and water services institutions

Table 6.5: Specific guidelines for waste management

LIST OF FIGURES Figure 4.1: Application Process LIST OF APPENDICES Appendix A: Proposed New format for integrated licences Appendix B: Format of Record of Recommendation Appendix C: Example Standard letter: Request for Reserve determination Appendix D: Checklist for licence Application Appendix E: Regional Office contact details Appendix F: Water Use authorization process Appendix G: Protocol for the classification and risk categorisation


Internal Guideline: Generic Water Use Authorisation Application Process Page vii

ACRONYMS AND ABBREVIATIONS ACWULA Assessment of Considerations for Water Use Applications

ASGISA Accelerated Shared Growth Initiative for South Africa

CMA Catchment Management Agency

DEAT Department of Environment Affairs and Tourism

DWAF Department of Water Affairs and Forestry

ECA Environmental Conservation Act (Act No 73 of 1989)

EIA Environmental Impact Assessment

EMPR Environmental Management Programme Report

ERA Environmental risk Assessment

GA General Authorisation

GN Government Notice

IRFA Intergovernmental Relations Framework Act (Act No 13 of 2005)

LAAC Licence Assessment Advisory Committee

LGIS Local Government and Institutional Support

MPRDA Minerals and Petroleum Resources Development Act (Act No 28 of

2003)

NEMA National Environmental Management Act (Act 107 of 1998)

NGO Non Government Organisation

NWA National Water Act (Act No 36 of 1998)

NWRS National Water Resource Strategy

PAIA Promotion of Access to Information Act (Act No 2 of 2000)

PAJA Promotion of Administrative Justice Act (Act No 3 of 2000

RDM Resource Directed Measures

RoR Record of Recommendation

RPW Resource Protection and Waste

RQO Resource Quality Objective

RWU Recreational Water Use

SFRA Stream Flow Reduction Activity

WAR Water Allocation Reform

WARMS Water use Authorisation and Registration Management System

WUAAAC Water Use Authorisation Assessment Advisory Committee


Internal Guideline: Generic Water Use Authorisation Application Process Page viii

ASSOCIATED LEGISLATION National Water Act (NWA) (Act No 36 of 1998) Promotion of Administrative Justice Act (PAJA) (Act No 3 of 2000) Promotion of Access to Information Act (PAIA) (Act No 2 of 2000) Intergovernmental Relations Framework Act (IRFA) (Act No 13 of 2005) National Environmental Management Act (NEMA) (Act No 107 of 1998) (including the various regulations and amendments to this act) Environment Conservation Act (ECA) (Act No 73 of 1989) Minerals and Petroleum Resources Development Act (MPRDA) (Act No 28 of 2003)


Internal Guideline: Generic Water Use Authorisation Application Process Page 1

1 PURPOSE OF THE GUIDELINE This document supersedes the document entitled Water Use Authorisation Process for Individual Applications Edition 1: Final Draft for Implementation. (DWAF 2000). It provides an operational guideline, which is intended to standardise the water use authorisation application assessment process within the Department of Water Affairs and Forestry (DWAF). It is intended for use by Departmental officials. This document provides information on all of the available guidelines and other tools that should be used by an official during the process of assessing a water use authorisation application. It describes general operational rules, which are cross-cutting and may be applicable to all water uses, and provides details of the specific guidelines which are focused on a specific water use or uses. 2 BACKGROUND The National Water Act (NWA) (Act No 36 of 1998) introduced several new concepts, requiring an operational guideline to ensure the consistent application and shared understanding of these concepts. This operational guideline allows for a generic and harmonised authorisation process that will lead to informed decisions regarding the impact on the water resource of authorising such uses. The following concepts are relevant when considering an application for a water use authorisation:

1. The indivisibility of water as part of the hydrological cycle is scientifically recognised and the water resource is defined in section 1 of the NWA as being all water found in the various phases of this hydrological cycle, including that portion of the water found underground. This ensures that the entire water resource is treated in an integrated fashion and as a resource that is common to all.

2. National Government, through the Minister of Water Affairs and Forestry, as the

public trustee of this resource, must establish a national water resource strategy for the protection, use, development, conservation, management, and control of water resources (section 3). DWAF is therefore accountable for ensuring that decisions do not adversely affect the integrity of the resource, but are made in a just and equitable manner that promotes sustainability.

3. To achieve effective resource protection, two distinct but integrated sets of

measures are introduced, namely resource directed measures and source directed controls. Resource directed measures set clear objectives for the desired level of protection for each component of the resource through, inter alia, a resource classification system. Source directed controls aim to control the source of potential impacts on the water resource.

4. In the NWA, use of water is not limited to consumptive use, such as abstraction of

water, but includes non-consumptive use, such as recreation. The NWA provides for tiered regulatory control over eleven water uses as identified in section 21 of the NWA.



Since resource quality includes the quality of all aspects of a water resource, such as hydrological characteristics, flow, physical, chemical, and biological characteristics, riparian habitat, and aquatic biota, all water uses have an impact on the resource quality.

5. The NWA furthermore recognises water as a valuable commodity (an “economic

good”), since all authorised use of water will be charged for through a pricing strategy for water use charges under section 56(1).

6. Source directed controls, such as the protection of water, are strongly

emphasised in the NWA. The protection of water resources will be enforced through a system of source directed measures, including the registration of sources of impact, standards for waste discharges, best management practices, and impact assessments. The use of directives and fines, and the ability to suspend or revoke licences, are effective options for dealing quickly and effectively with cases of pollution. The use of regulatory measures to control damage to resources other than pollution, such as habitat destruction, will be introduced where appropriate.

7. The concept of “the Reserve”, which comprises that quantity and quality of water

required to satisfy basic human needs and to protect aquatic ecosystems for continued sustainable use, is introduced. This concept is based on sections 24 and 27 of the Constitution as formulated in Fundamental Principle 9: “The quantity, quality and reliability of water required to maintain the ecological functions on which humans depend shall be reserved so that the human use of water does not individually or cumulatively compromise the long-term sustainability of aquatic and associated ecosystems”.

8. After providing for the Reserve and international obligations, the basis for granting

authorisation to use the available water quantity and/or quality in an area will be for the achievement of beneficial use in the public interest. This is also known as “optimum use”, i.e. use that achieves the most desirable combination of social, economic, and environmental objectives, irrespective of whether such use is consumptive or non-consumptive. According to Fundamental Principle 7, as incorporated in section 2, all water uses will be authorised only if they are a beneficial use in the public interest, and will be subject to a system of allocation that promotes use that is optimal for the achievement of equitable and sustainable economic and social development.

9. In accordance with section 18 of the NWA, the Minister, the Director General, an

organ of state, and a water management institution must give effect to the Reserve as determined in Part 3 of the NWA when exercising any power or performing any duty in terms of the NWA, including water use authorisations.

10. On the basis of the constitutional obligation to protect the environment, stringent

pollution prevention measures and the “polluter pays” principle are incorporated into the NWA. According to Fundamental Principle 16: “Water quality management options shall include the use of economic incentives and penalties to reduce pollution; and the possibility of irretrievable environmental degradation as a result of pollution shall be prevented”. In fulfilment of this principle, “waste discharge charges” can be set for uses that may impact on the resource quality, as intended under section 56(5) of the NWA.



11. The NWA recognises that management of water must take place at the catchment level, which is the basic management unit for the water resource. It therefore provides for the progressive establishment of Catchment Management Agencies (CMAs) by the Minister within the framework of the national water resource strategy referred to above. This will have the purpose of delegating the management of the water resource to the appropriate level (water management area) and facilitating the involvement of local stakeholders in the management of water resources.

12. Until such time as CMAs have been established, the Minister of Water Affairs and

Forestry will exercise the powers and duties of CMAs in all water management areas in South Africa. See NWA sections 8, 9, 10, 11, and 72.

13. The National Water Resource Strategy (NWRS) describes how the water

resources of South Africa will be protected, used, developed, conserved, managed, and controlled in accordance with the supporting policy and law. The principal objective of managing water resources is to ensure that water is used to support equitable and sustainable social and economic transformation and development.

14. The NWA provides for public consultation processes in the establishment of

strategies and the making of decisions, and guarantees the right to appeal against such decisions (refer to sections 145-150). Based on these concepts, it is clear that an assessment and decision-making framework for the evaluation of licence applications under the NWA will be markedly different from the approaches employed under the previous Water Act, Act No 54 of 1956.



3 NATIONAL AND REGIONAL WATER USE AUTHORISATION ASSESSMENT ADVISORY COMMITTEES

The internal assessment process will be streamlined through the establishment of Water Use Authorisation Assessment Advisory Committees (WUAAACs), which will be similar to the current Licence Assessment Advisory Committees (LAACs) for Stream Flow Reduction Activities (SFRAs) and the Business Plan Appraisal Committees for Water Services. The WUAAAC meetings will be held at Regional/CMA level, as well as at National level. The frequency, membership, and attendance of these meetings will be determined by the number of applications received, as well as by the water uses applied for and by the delegated powers with regard to the complexity and types of use or activities applied for. The primary objective of the Regional/CMA WUAAAC is to provide a platform for technical discussions, and to make recommendations to the Minister regarding water use authorisation applications, or to the official to whom decision-making has been delegated.

• The WUAAAC will operate in accordance with the framework described in Appendix F and will follow a standard agenda.

• The WUAAAC will integrate the requirements of different Directorates and possibly other government Departments into the authorisation.

Authorisations that have been recommended for approval at Regional/CMA WUAAAC meetings will be tabled at the next scheduled National WUAAAC meeting for final approval and to ensure consistent application of the policy and process. The National WUAAAC may recommend the delegation of signatory powers from the Chief Director: Water Use to the Regional/CMA level when satisfied with the functional capacity of the respective Regional WUAAACs. The primary objectives of the National WUAAAC meetings are to:

• Ensure consistent application of policy, especially with regard to integrated licences

• Ensure the legality of licence conditions • Facilitate timely processing (evaluation and recommendations) of water use

authorisation applications • Identify policy gaps • Make recommendations towards operating rules for licences and policy issues • Take note of authorisations issued by delegated offices • Address problems and propose solutions associated with the internal assessment

process • Make recommendations to the Chief Director: Water Use or other delegates

regarding the issuing of water use authorisations (especially integrated licences) The standard agenda to be used at National WUAAAC meeting is provided in Appendix F. together with a checklist for submissions to the National WUAAAC meeting. A diagram outlining the streamlined internal water use authorisation assessment process indicating responsibilities is also provided in Appendix F.



4 WATER USE AUTHORISATION PROCESS NB: The External Guideline: Generic Water Use Authorisation Application Process (DWAF 2007) is available as a generic guideline for the applicant and should be used in conjunction with the appropriate specific guideline.

When a client or applicant (water user) approaches a Regional Office of the Department for the authorisation of a water use, the Regional Official will proceed through the phases broadly shown in Figure 4.1below.

Figure 4.1: Application process NB: Refer to the diagrams and description in Appendix F of this document for a fully detailed representation of the authorisation process. Phase 1: Pre-application consultation or needs determination Phase 2: Application and information gathering should a water use licence be

required Phase 3: Legal and technical assessment, evaluation and input; Phase 4: Assessment review, recommendation and decision, and appeal (if

required)

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These phases are further divided into various steps with clear roles and responsibilities in terms of the role-players, namely:

• The Applicant • The RDM Directorate • Regional or CMA Administration • Regional or CMA Technical Staff • Regional or CMA WUAAAC • National Office Technical and Legal Reviewers • National Office Licence Administration • National Office Lead Directorate • Policy and Consistency Reviewers • National Office Chief Director: Water Use/Delegated Authority • National WUAAAC

These phases and steps are outlined in Appendices F.1 and F.2. 4.1 Pre-application consultation and needs determination It is the task of Departmental officials to give sound advice to the applicant based on their knowledge of the internal guidelines. They should inform the applicant that some of the investigations and processes may require significant periods of time and financial commitment to conclude. Specific water uses also have additional authorisation requirements, which must be indicated to the applicant by Departmental officials. In this instance, Departmental officials are required to know at what stage consultation must be established with the relevant officials at the National Office. The Regional Office official dealing with the application is responsible for internal liaison with other Directorates within the Department that deal with the specific water use. It is critical to note that the pre-application process includes timeously requesting the future input and participation of other government departments, non-governmental organisations (NGOs), as well as other relevant external stakeholders (such as people living in and around the area of the proposed water use). The applicant is responsible for approaching the relevant government departments for any other authorisations required. During the pre-application process, the Departmental official will be required to perform a risk assessment in order to determine the hazard class of the proposed activity. The risk assessment is based on two criteria, namely the potential impact of the activity on the resource, and the sensitivity of the water resource in the vicinity of the proposed water use activity. The outcome of the risk assessment will dictate the appropriate mechanism required to regulate the water use (which is based on the nature of the likely risk, and the nature and extent of potential impact on a water resource). This process must be documented, and approval must be obtained from the Regional Deputy Director: Water Resource or Quality Management, dealing with water resource management. The protocol to be followed for the risk assessment procedures is contained in Appendix G. The applicant must be informed of the classification and risk categorisation once written approval has been obtained, and prior to the commencement of any study in support of the application. The higher the risk, the more detailed and more specialised the information that will have to be gathered by the applicant.



The Departmental official should have a sound knowledge of procedural requirements when dealing with applications for the transfer of water use entitlements (NWA section 25(2)). Similarly, appropriate guidance must be provided for the verification and validation of the water uses in terms of NWA sections 33 and 35.

Box 1: Other co-operative governance legislation

Box 2: Implications of the Constitution (Act No 108 of 1996) Using the information submitted by the applicant and/or other documents (such as an Environmental Impact Report), the official must validate the information provided against the checklists in Appendix D as well as the criteria as contained in Appendixes F. It is highly recommended that the standard licence template be used to provide a baseline for drafting a site-specific water use licence. A Technical Report must be compiled, which includes a Record of Recommendation (RoR), a Section 27 evaluation (see section 3.4.5), as well as a Draft Water Use Licence (See Table 3.1 and Appendix B).

Sections 33(1) and (2) of the Constitution state that everyone has the right to administrative action that is lawful, reasonable and procedurally fair, and that everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. Section 33(3) of the Constitution requires national legislation to be enacted to give effect to those rights, and to:

• provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal;

• impose a duty on the state to give effect to those rights; • promote an efficient administration; • promote an efficient administration and good governance; and • create a culture of accountability, openness and transparency in the public

administration or in the exercise of a public power or the performance of a public function, by giving effect to the right to just administrative action.

It is recommended that officials should have a basic understanding of the purposes of the following Acts, namely:

• Promotion of Administrative Justice Act (PAJA) (Act No 3 of 2000)

• Promotion of Access to Information Act (PAIA) (Act No 2 of 2000)

In addition, officials must be aware of all co-operative governance agreements with other departments, and must ensure their awareness and participation with all licence applications. Co-operative governance is required in terms of the following legislation:

• Intergovernmental Relations Framework Act (IRFA) (Act No 13 of 2005)

• National Environmental Management Act (NEMA) (Act No 107 of 1998)



Table 4.1: List of documents for licence submissions 1 Proposed new format for integrated licences Appendix A 2 Format of Record of Recommendation Appendix B 3 Example standard letter: Request for Reserve determination Appendix C 4 Checklist for licence application Appendix D

Should any information that is required to continue with the Technical Assessment process be missing, the applicant must be requested in writing to supply it, to allow the authorisation process to continue. If there are shortcomings in the licence application and supporting information, the official should include in the licence specific conditions that will address these shortcomings. This will expedite the issuing of the licence in instances when there are no critical aspects. In cases where the licence is not granted, the applicant has the right to lodge an appeal with the Water Tribunal in terms of NWA section 148.

Box 3: The Water Tribunal 4.2 Application and information gathering A complete water use licence application submitted for assessment will consist of the following:

• Properly completed application forms, accompanied by: Proof of payment of the prescribed licence application fee (currently

R114.00, VAT inclusive) A certified copy of applicant’s ID document (or company registration

documents) A certified copy of the title deed of the property where the proposed water

use is to take place, if applicable • Proof that immediate neighbours have been informed of the intention to apply for

a licence – refer to section 41(4)(b) of the NWA, i.e. “to take such other steps as it may direct to bring the application to the attention of relevant organs of state, interested persons and the general public” (Comments received in response to this part of the application process are to be conveyed to the Department.)

• Physical proof that the neighbours have been identified and informed through individual letters to each, with copies of acknowledgement of receipt.

The Water Tribunal was established specifically to hear appeals against certain decisions made by a responsible authority, CMA, or water management institution under the NWA. 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. Chapter 15 of the NWA also provides for disputes to be resolved by mediation, if so directed by the Minister.



• Documentation from the relevant Provincial Department responsible for the environment concerning the requirement for an Environmental Impact Assessment, or confirming that exemption has been granted

• Technical supporting documentation addressing all the specific requirements, depending on the specific water uses (see the guidelines highlighted in Section 4 of this document)

• Section 27 motivation (see below) The applicant must provide the following information in terms of the section 27 evaluation and recommendation (in addition to the application forms and technical information):

• The applicant’s water use entitlements • A description of the race and gender ownership and control of the water use

licence applied for • An explanation of the efficient and beneficial use of water in the public interest • A description of the socio-economic impact of the issuing or refusal of the licence • The strategic importance of the water use to be authorised • A description of the investments related to the water use already made • An explanation of the duration of the undertaking for which the licence is required

The following factors will also be considered and the Department may request additional information:

• Any catchment management strategy applicable to the water resource • The class and the resource quality objectives of the water resource • The quality of the water in the resource required for the Reserve and international

obligations In addition, where multiple authorisations are required, a water use authorisation may only be issued once these multi-disciplinary criteria have been addressed in an integrated manner. Water use authorisation application forms can be obtained from Departmental offices or from the DWAF website at http://www.dwaf.gov.za. 4.3 Legal assessment Permissible water uses are described in section 22(1) of the NWA. It is critical to note that the NWA stipulates that a person may only use water:

• Without a licence if it is a: Schedule 1 water use Continuation of an existing lawful use (as defined in section 32) Use that is authorised under a General Authorisation (section 39)

• If the responsible authority has dispensed with a licence requirement as described in section 22(3)

• If licenced under section 40 An overview of the mechanisms for regulating water use is provided below, of which some information was taken verbatim from A Guide to the Registration of Water Use as published by the Department during March 2000. 4.3.1 Schedule 1 water uses Schedule 1 water uses refer to Schedule 1 of the NWA, which lists a range of permissible water uses. It is not required to licence a Schedule 1 water use.



Box 4: Schedule 1 water uses 4.3.2 Continuation of an existing lawful use Existing lawful use means the use of water authorised by or under any law that took place at any time for a period of two years before the NWA came into effect, including court orders (see Box 4 above). If a water user discontinued a water use, or took steps in good faith to implement a water use, but for good reason did not begin the water use before 30 September 1998, the water use can be declared an existing lawful use in terms of section 33, if it was duly authorised. Stream flow reduction activities (SFRAs) and controlled activities also fall under the requirements of existing lawful use (refer to sections 21(d) and (e) for definitions). Existing lawful users were required to register their use in terms of regulations issued under section 26(c) of the NWA. Regulations have been promulgated in Government Notice 1352 of 12 November 1999. If the abstraction and storage is not included in the licensed water use, the covering letter which accompanies the licence should state that any existing lawful water use in terms of section 32 of the NWA can continue, provided that DWAF does not guarantee its lawfulness unless verified in terms of section 35 of the NWA.

The following are Schedule 1 water uses:

• Taking water for reasonable domestic use directly from any water resource to which a person has lawful access.

• Taking water for use on land owned or occupied by a person, for:

Reasonable domestic use in a person’s household; or

Small gardening (but not for commercial purposes); or

Watering of animals (excluding feedlots) that graze on that land, provided that the use is not excessive in relation to the capacity of the water resource and the needs of other users.

• Storing and using run-off water from a roof.

• In emergencies, taking water from any water resource for human needs or fire fighting.

• Recreation, if a person has lawful access to that water resource.

• Discharging of waste, water containing waste or run-off water (including storm water) in a canal, sea outfall or other conduit, provided these are controlled by persons that have been authorised to purify, treat or dispose of this wastewater.



Box 5: Court orders 4.3.3 General Authorisations A General Authorisation (GA) is an authorisation to use water without a licence, provided that the water use is within certain limits and complies with conditions as set out in the GA. A GA remains valid, unless:

• It lapses on a date which may be specified in the GA. If a GA lapses and is not replaced, the water use previously authorised through that route needs to be licensed.

• It is replaced with a GA in relation to a specific water resource or within a specific area; or

• The water user is required to apply for a licence in terms of section 43 of the NWA.

It is important to note that an individual water user will not receive an authorisation document1 (as they would with a water use licence) that constitutes a GA. Users are legally regarded as generally authorised to use water if they comply with the conditions of the GA. If the intended water use will not meet the conditions of a GA, the user must apply for a licence. Schedule 1 water uses are not included under GAs, as they are already permissible in terms of the NWA and do not require further authorisation. Registration may be required depending on the water use and activity.

Box 6: General Authorisations

1 Some industries have expressed the need to have written confirmation of GAs from DWAF for environmental audit purposes. Whether the applicant needs to register the water use or not, it is wise, for record-keeping purposes, to issue a person qualifying for the GA with a letter acknowledging that the relevant water use is generally authorised, and stating the timeframe that this GA is valid for. This is necessary because the GA is only valid for a certain time period and is subject to amendments. It is important that DWAF is able to contact the user should this occur or should the need arise to verify his/her use.

Current General Authorisations are: • GN 398 GG 26187 of 26 March 2004 dealing with Section 21(c), (i) and (j)

water uses. • GN 399 GG 26187 of 26 March 2004 dealing with Section 21(a), (b), (e), (f), (h)

and (g) water uses.

Validity of water court orders when integrated water use licences are issued A court order under the previous Water Act, Act No 54 of 1956, allowing the taking of water will remain valid when an integrated waste discharge/disposal water use licence is issued in terms of section 21(f) or (g) (NWA). The court order will remain valid as long as the abstraction and storage comply with section 34 of the NWA.

Section 34 of the NWA states that a person, or that person's successor in title, may continue with an existing lawful water use, subject to its replacement by a licence in terms of this Act. A licence in terms of section 21 will therefore replace the court order issued in terms of the Water Act, 1956, if the abstraction and storage forms part of the licence. The abstraction and storage should not form part of the licence unless it is verified in terms of section 35 of the NWA.



The GAs can be obtained from the departmental website at: http://www.dwaf.gov.za/Documents. 4.3.4 Dispensing with the requirement for a licence Section 22(3) of the NWA stipulates that the requirement for a licence for water use may be dispensed with by the responsible authority2 if it is satisfied that the purpose of the NWA will be met by the grant of a licence, permit or other authorisation under any other law. A common example is when a wastewater treatment plant is authorised in terms of the National Environmental Management Act (NEMA) (Act No 107 of 1998). As the Environmental Impact Assessment (EIA) process incorporates the input of all stakeholders, affording input from the public as well as regulatory authorities, the need to submit an additional Water Use Licence Technical Report is dispensed with by this Department through the responsible authority (see also section 3.4.6). 4.3.5 Water use licensing Any new water use which:

• Is not permissible in terms of Schedule 1 • Does not qualify as an existing lawful use • Fails to comply with the conditions of a General Authorisation, or • The Department does not wish to authorise through section 22(3) • must obtain a licence.

Water use licensing broadly consists of three procedures, which entail the following: 1. Generating information to assess the proposed water use(s) potential impacts with

regard to quantity, quality and the resource quality requirements. 2. Evaluating information to ascertain whether a licence application should be duly

authorised or rejected. 3. Administrating the application for a licence. All applications for licences must be made on the relevant forms. The latest forms are available on the departmental website at: http://www.dwaf.gov.za/Projects/WARMS/.

4.3.6 Transfer of a water use entitlement A person may surrender all or part of a water use entitlement to enable another person to apply for a licence to use the water. Surrendering a water use cancels the water use registration. The volume of water that will be licensed to the new applicant (or successor in title) will be adjusted by the Department to account for different assurances of supply, conveyance losses and reduction of water available to the Reserve due to the transfer. The surrendering person must provide proof that the surrendered entitlement is an existing lawful use.

2 “Responsible authority”, in relation to a specific power or duty in respect of water uses, means:

• if that power or duty has been assigned by the Minister to a catchment management agency (CMA), or • if that power or duty has not been so assigned, the Minister.

While the CMAs are not in place, this function will be undertaken by the Regional Office as well as the National Office. See section 3.4.7 for delegations. The current delegation for s22(3) is the CD:WU.



Other Departments may be consulted when the impact of the transfer is assessed. The surrendering person must change their water use registration to reflect their remaining water use entitlement. The Department will inform the new applicant of the information required and the actions to be taken to obtain authorisation for the transfer. 4.4 Technical assessment 4.4.1 Critical aspects to considered during technical assessment Certain aspects may be of critical and/or strategic importance, depending on the specific water use, the sensitivity of the area, and other environmental considerations. The following criteria (in order of decreasing importance) may be used as a guideline when considering the strategic and critical aspects of an application. 1. The strategic importance of an application. The need for a particular water use

can outweigh all other issues if the strategic importance of the activity is critical for economic growth, service delivery, and/or other socio-economic aspects. Examples would be the construction of power stations with associated water supply, as well as wastewater treatment works. It should, however, be noted that the environmental impact of any such strategically important activities must still be minimised or preferably avoided by means of technological, institutional, or mitigatory management practices.

2. Stressed catchments. In catchments where there is no further water available for allocation, the licence application must be assessed with reference to water resource planning as described in the catchment management strategy and interim strategic perspectives.

3. Resource directed measures. The National Water Resources Classification System,

in conjunction with the Reserve, must be considered in order to delineate the resource quality objectives applicable for a water use in a specific catchment.

After evaluating an application against the above, the following criteria should guide the determination of whether a water use licence application can proceed:

1. In stressed catchments where there is no further water available for allocation, no licence can be issued.

2. In areas where no Reserve has been determined, no licence can be issued. 3. If the approval of the licence may impact in an unacceptable manner on any other

water user, no licence can be issued. 4. In the case of applications where the activity is in conflict with land development

objectives, or where other constraints prohibit the activity from taking place, no licence can be issued.

5. In sensitive or geologically unstable areas, the issuing of the licence will depend on specialist and stakeholder input.

6. Where water uses would result in detrimental impacts on major aquifers, the issuing of the licence will depend on specialist and stakeholder input.

If any of the above critical aspects are identified, the Regional Office must notify the applicant in writing immediately. Further, the applicant must comply with the hierarchical approach to water resource management described in Box 6.



Box 7: Hierarchical approach to water use management 4.4.2 Information requirements Should any further critical information be required in order for DWAF to continue with the technical assessment process, the applicant must be requested in writing to supply it, so that the authorisation process can continue. In instances where there are no critical aspects to be considered, the official should nevertheless include specific conditions in the licence that will address any need for clarity and/or provide input to the decision-making process, such as a deadline for an outstanding report. This will expedite the issuing of a licence. Information that is considered crucial in the compilation of the draft licence includes:

• All information to address the specific water uses involved • Any specific supporting or supplementary information regarding the water use

(quantity, quality of effluent, property where the use is taking place, etc.) • Documented information that allows the official to evaluate the application in

terms of the points highlighted in Appendices D and F 4.4.3 Resource directed measures The Regional Office must ensure that a request for a Reserve determination has been submitted to the Chief Directorate: Resource Directed Measures (RDM) during the early stages of an application.

The integration of resource and source directed measures forms the basis of the hierarchy of decision-making aimed at protecting the resource from waste impacts. This hierarchy is based on a precautionary approach and the following order of priority for industry and wastewater management decisions and/or actions is applicable:

RESOURCE PROTECTION AND WASTE

WATER MANAGEMENT HIERARCHY

Step 1: Pollution prevention

↓ Step 2: Minimisation of impacts

Water reuse and reclamation

Water treatment

↓ Step 3: Discharge or disposal of waste

and/or wastewater Site-specific risk based approach

Precautionary and differentiated approach

Polluter pays principle



It is important to note that resource quality objectives (RQOs) determine to a large extent the management practices to be incorporated for a particular water use to ensure resource protection. 4.4.4 Source directed controls Protection of water resources will be enforced through a system of source directed controls, including the registration of sources of impact, standards for waste discharges, best management practices, permits and impact assessments. The use of directives and fines, and the ability to suspend or revoke permits and licences, are effective options for dealing quickly and effectively with cases of pollution. The use of regulatory measures to control damage other than pollution to resources, such as habitat destruction, will be introduced where appropriate. 4.4.5 Section 27 evaluation All general authorisations and licences issued under the NWA are subject to the criteria contained in section 27. Section 27 guides responsible authorities in exercising their discretion to issue and to attach conditions to general authorisations and licences. It also sets out the essential features of licences, such as effective periods, purposes and places for which they may be issued, and the nature of conditions that may be attached to them. The Departmental official should take note that various tools, such as the James Perkins S27 Evaluation, the Water Allocation Reform (WAR) Toolkit as well as the Assessment of Considerations for Water Use Applications (ACWULA Version 3.0.0) are available to assist with the decision-making process. 4.4.6 Other legislative frameworks Since 2000, all decisions within government departments that might affect members of the public have to comply with the PAJA. The basis for the PAJA is found in the Constitution (also see Box 2). In addition, the Departmental official should note that the water use licence application process should be seen as endorsing the concept of co-operative governance. In this regard it is critical that the Departmental official take cognisance of other relevant legislation, such as:

• National Environmental Management Act (NEMA) (Act No 107 of 1998) (including the various regulations and amendments to this act)

• Environment Conservation Act (ECA) (Act No 73 of 1989) • Minerals and Petroleum Resources Development Act (MPRDA) (Act No 28 of

2003) • Promotion of Access to Information Act (PAIA) (Act No 2 of 2000) • Intergovernmental Relations Framework Act (IRFA) (Act No 13 of 2005)

All of the above Acts are extended by means of additional regulations that provide specific guidance for various activities and processes (such as Regulations 386 and 387 as promulgated on 21 April 2006 in terms of the NEMA). See section 4 for the specific water use guidelines.



4.4.7 Delegation of powers The latest delegation of power and duties in terms of the NWA, dated 23 June 2005, may be obtained from the following Departmental website: http://www.dwaf.gov.za/Documents/Notices NB: These powers and delegations are subject to frequent change.



5 WATER USE GUIDELINES 5.1 Supporting guidelines The guidelines described in Table 4.1 are applicable to all water uses and could be considered with any water use application. These guidelines include documentation on the standard format of the submission to the WUAAAC for approval, the route form and a checklist for completeness of the licence application. Table 5.1: Supporting guidelines 1 Checklist I: Licence application and administration (Appendix D) 2 Assessment of water use authorisations and licence applications in terms of

section 27(1) of the National Water Act, James Perkins (ACWULA Version 3.0.0) 3 Toolkit for water allocation reform, Draft 5, May 2006 4 Water conservation and demand management conditions for water use

authorisations, Final Report version 1.0 dated January 2006 5 Resource Protection and Waste Series, Review of water use licences issued in

terms of section 21(e), (f), (g) and (h) in terms of section 40 and reviewed in terms of sections 29 and 49 of the NWA, 1998

6 Guidelines for the review and amendment of water use licences issued in terms of the NWA, 1998

5.2 Specific guidelines The water-use specific guidelines in Table 5.2 below refer to the water uses detailed in Box 8. Table 5.2: Water-use specific guidelines Title Internal Guideline: Section 21 (a) and (b) Water Use Authorisation Application Process (Taking and/or Storing Water) Internal Guideline: Section 21 (c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Watercourse, and/or Altering the Bed, Banks, Course or Characteristics of a Watercourse) External Guideline: Section 21 (c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Watercourse, and/or Altering the Bed, Banks, Course or Characteristics of a Watercourse) Internal Guideline: Section 21 (d) Water Use Authorisation Application Process (Stream Flow Reduction Activities for Licence Assessment Advisory Committees) External Guideline: Section 21 (d) Water Use Authorisation Application Process (Stream Flow Reduction Activities) Internal Guideline: Section 21 (a), (b), (c), (i), (f), (g), (h) Water Use Authorisation Application Process (Aquaculture) External Guideline: Section 21 (a), (b), (c), (i), (f), (g), (h) Water Use Authorisation Application Process (Aquaculture) Internal Guideline: Section 21 (e), (f), (g), (h), (j). Water Use Authorisation Application Process (Waste Discharge Related)



Box 8: Water uses The contact details of the relevant National Office officials who can be consulted if there is any uncertainty regarding each specific water use are provided throughout the following section. The contact details are relevant at the time of print and will need to be updated from time to time. The contact details of the Regional Offices are contained in Appendix E. 5.3 Generic Guidelines The Guidelines listed in Table 5.3 provide a generic overview of the water use authorisation application process for officials (this Internal Guideline) and for applicants (External Guideline). Table 5.3: Generic Guidelines Title Internal Guideline: Generic Water Use Authorisation Application Process External Guideline: Generic Water Use Authorisation Application Process

The specific water uses as described in section 21 of the NWA:

s21(a): taking water from a water resource; s21(b): storing water; s21(c): impeding or diverting the flow of water in a watercourse; s21(d): engaging in a stream flow reduction activity (currently only commercial

afforestation); s21(e): engaging in a controlled activity – activities which impact detrimentally on

a water resource (activities identified in s37(1) or declared as such under s38(1)) namely:

• irrigation of any land with waste or water containing waste which is

generated through an industrial activity or a waterworks; • an activity aimed at the modification of atmospheric precipitation; • a power generation activity which alters the flow regime of a water

resource; or • intentional recharge of an aquifer with any waste or water

containing waste

s21(f): discharging waste or water containing waste into a water resource through a pipe, canal, sewer, sea outfall or other conduit;

s21(g): disposing of waste or water containing waste in a manner which may detrimentally impact on a water resource;

s21(h): disposing in any manner of water which contains waste from, or has been heated in, any industrial or power generation process;

s21(i): altering the bed, banks, course or characteristics of a watercourse; s21(j): removing, discharging or disposing of water found underground if it is

necessary for the efficient continuation if an activity or for the safety of people; and

s21(k): using water for recreational purposes



5.4 Section 21 (a): Taking water from a water resource Definition of water use: Taking water from a river, from underground or from any other water resource is a section 21 (a) water use. A water resource includes a river, spring, pan, aquifer, wetland, lake or estuary. Commonly, this use involves abstraction of water from a dam or river, or from a borehole. It also applies to water removed from underground in terms of section 21(j) and which is not discharged into a water resource, i.e. water used by mines in their processes, for irrigation of golf courses, or for other uses. Under the Water Act of 1956, mines could use the water obtained from dewatering as if it was “private” water. The status of this water changed with the promulgation of the NWA, which states that all water is public water and that its use therefore needs to be authorised. Table 5.4 and 5.5 provide details of guidelines and other documents that support applications for this water use. Table 5.4: List of specific section 21 (a) water use guidelines Title Document availability Key documents 1 Procedural Guideline for Trading of Water Use

Entitlements dated September 2004

2 Internal Guideline: Section 21 (a) and (b) Water Use Authorisation Application Process (Taking and/or Storing Water) (DWAF 2007)

Additional documents 1 Requirements for abstraction and storage licence

application submission to Manager: Water Use

2 Guidelines for determining a conversion factor to account for assurance of supply when trading abstraction water use entitlements on government water schemes across the urban/industrial and irrigation sectors

5.5 Section 21(b): Storing water Definition of water use: Storing of water from a water resource. Commonly, the stored water is from natural run-off or river water. This includes water that is stored in a dam, reservoir, or other impoundment, either in a watercourse, or off-channel. Storage structures have to comply with the Dam Safety Regulations. This water use does not include water that contains waste, for example water collected through a sewer system, or wastewater from an industrial plant (section 21 (g)). The lead Directorate for applications for section 21 (a) and (b) water uses is the Directorate: Water Abstraction and Instream Use (DIR:WA&IU).



Table 5.5: List of specific section 21 (b) water use guidelines Title Document Availability Key documents 1 Internal Guideline: Section 21 (a) and (b) Water Use

Authorisation Application Process (Taking and/or Storing Water) (DWAF 2007)

Additional documents 1 Requirements for abstraction and storage licence

application submission to Manager: Water Use

5.6 Section 21(c) Impeding or diverting the flow of water in a water course Definition of water use: Causing an obstruction to the flow of water in a watercourse or diverting some or all of the flow in or from a watercourse. Impeding or diverting flow does not normally cause any loss of water, but influences the flow regime in a watercourse. Impeding or diverting structures can fully or partially extend into a river, forcing the natural flow direction to be re-directed by the structure. Impeding or diverting can be temporary, for example during the construction of a road bridge. It can also be permanent, such as the building of a low water bridge across a river where the flow is permanently impeded as it moves under the bridge. Gauging weirs are considered to be an impediment if under low flow conditions there is no significant storage behind the weir. However, it is important to note that if water is retained by a structure, then the water use is considered to be “storing water” and not “impeding or diverting flow”. Construction of spillways, mooring sites and jetties are considered to be section 21 (c) and (i) water uses and are not recreational water uses. 5.7 Section 21 (i): Altering the bed, banks, course or characteristics of a water

course Definition of water use: Alteration of the course (including the beds, banks or characteristics) of a watercourse. Alteration of the course refers to any changes affecting:

• The energy of the watercourse (e.g. the straightening of a river generally leads to an increase in energy, which will cause erosion with the system adjusting to the new situation (new equilibrium).

• The morphology (bed, banks, macro-channels) of the watercourse, including changes affecting the riparian and in-stream habitat characteristics, (e.g. sand mining, canalisation of streams).

• The physical characteristics (e.g. the removal of riparian vegetation, mining of river banks for sand, changes to geo-hydrology and geology that affect groundwater-fed systems such as wetlands and rivers)

• The chemical characteristics (change in temperature, pH, turbidity, etc.) • Flood dynamics (e.g. developments occurring below flood-lines alter onsite and

downstream flood patterns) • Biotic components (e.g. a change of habitat that will lead to a change in the

composition of the biota)



Alterations may be minor, such as the construction of culverts for railway bridges, or they may be major, for example, in urban areas where streams have become storm water channels that have to be lined with concrete (canalisation) to handle peak floods. Alteration of the bed and banks is usually needed for construction and infrastructure development near or across a river. Transfer schemes from one catchment to another also change the characteristics of the receiving water course. The abstraction is viewed as a section 21(a) water use but the discharge should also be considered in terms of section 21(i). The lead Directorate for applications for section 21 (c) and (i) water uses is the DIR:WA&IU in consultation with the Directorate: Resource Protection and Waste (DIR:RPW) Table 5.6 provides details of guidelines and other documents that support applications for this water use. Table 5.6: List of specific section 21 (c) and (i) water use guidelines Title Document Availability 1 Internal Guideline: Section 21 (c) and (i) Water Use

Authorisation Application Process (Impeding or Diverting the Flow of Water in a Watercourse, and/or Altering the Bed, Banks, Course or Characteristics of a Watercourse) (DWAF 2007)

2 External Guideline: Section 21 (c) and (i) Water Use Authorisation Application Process (Impeding or Diverting the Flow of Water in a Watercourse, and/or Altering the Bed, Banks, Course or Characteristics of a Watercourse) (DWAF 2007)

3 Operational Guideline No. M1.0 River Diversions 4 Department of Water Affairs and Forestry (2003). A

practical field procedure for identification and delineation of wetlands and riparian areas, Pretoria.

5 Government Notice No. 704, published in the Government Gazette 4 June 1999 (Volume 408, No 20119). National Water Act, 1998 (Act No 36 of 1998) Regulations on use of water for mining and related activities aimed at the protection of water resources.

6 Guideline for the evaluation of application for the undermining of a watercourse (In development).

7 Best Practice Guideline: A1.1, Small-Scale Mining Practices – User Format

8 GA GN 398 GG 26187 of 26 March 2004 dealing with section 21(c), (i) and (j) water uses.

5.8 Section 21(d): Engaging in a stream flow reduction activity Definition of water use: An SFRA is a land use activity which is likely to reduce the stream flow in a watercourse. The use of land for commercial afforestation is currently the only SFRA that requires a water use authorisation. Examples of commercial afforestation species include pine, eucalyptus, wattle or poplar forests, plantations, and woodlots established for commercial purposes.



Afforestation has been authorised since 1972 with the implementation of the Forest Act, 1968 (Act No 72 of 1968). All afforestation planted before 1972 is regarded as lawful. Afforestation that has taken place since 1972 needs to be authorised in terms of a permit. Afforestation established after 1998 needs to be authorised. An existing lawful SFRA water use is an afforestation activity that existed within the two year period before the promulgation of the NWA, and which was already authorised (i.e. established before 1972, or authorised in terms of a permit). The conditions of the permit had to be adhered to, and in terms of the legislation according to which the permits were issued, the land may not have been left unplanted after felling for a period exceeding five years, otherwise a new authorisation had to be obtained from the relevant authority. The genus planted within the two years before the promulgation of the NWA is regarded as the existing lawful water use (should existing use need to be calculated) and must be in accordance with the permit issued. The lead Directorate for applications for section 21 (d) water uses is the DIR:WA&IU. Table 5.7 provides details of guidelines and other documents that support applications for this water use. Table 5.7: List of specific section 21 (d) water use guidelines Title Document Availability Key documents 1 Internal Guideline: Section 21 (d) Water Use

Authorisation Application Process (Stream Flow Reduction Activities for Licence Assessment Advisory Committees) (DWAF 2007)

2 External Guideline: Section 21 (d) Water Use Authorisation Application Process (Stream Flow Reduction Activities) (DWAF 2007)

3 Policy and guidelines for the establishment of SFRA LAACs

In development

Additional documents 4 Estimation of streamflow reduction resulting from

commercial afforestation in South Africa: WRC report no. TT173/02 (Gush et al.)

5 A practical field procedure for identification and delineation of wetlands and riparian areas, Edition 1, September 2005

6 Allocating water use licences for stream flow reduction activities (forestry) on invaded land, based on the principle of yield enhancement. A supporting guideline for decision-makers

7 Stream Flow Reduction Activities - Policy and field guide on licensing conditions relating to commercial plantation forestry (windbreaks)

8 Procedural Guideline for Trading of Water Use Entitlements dated September 2004



5.9 Section 21(e): Engaging in a controlled activity Definition of water use: The following are controlled activities:

• Irrigation of any land with waste, or water containing waste generated through any industrial activity or by a sewerage treatment works

• An activity aimed at the modification of atmospheric precipitation • A power generation activity which alters the flow regime of a water resource • Intentional recharging of an aquifer with any waste, or water containing waste

A common controlled activity is irrigation with wastewater, typically from a water treatment works. This can be a productive use of water if an agricultural crop is grown with the wastewater. Some wastes may pose a health hazard. The lead Directorate for applications for section 21 (e) water uses is the DIR:RPW. NB: DIR:RPW is the lead Directorate for any application for a water use authorisation that is made in connection with mining. Table 5.8 provides details of guidelines and other documents that support applications for this water use. Table 5.8: List of specific section 21 (e) water use guidelines Title Document Availability 1 Guide: Permissible utilisation and disposal of treated

sewage effluent, Department of National Health and Population Development

2 Guidelines for the Utilisation and Disposal of Wastewater Sludge: Volume 1: Selection of Management Options, March 2006

3 Permissible utilisation and disposal of sewage sludges: Edition 1, Water Research Commission

5.10 Section 21 (f): Discharging waste or water containing waste into a water

resource through a pipe, canal, sewer or other conduit Definition of water use: The discharge of waste or water containing waste directly into a water resource, such as discharge of wastewater from industries, mines, or sewerage treatment plants. Waste discharged into a municipal sewer is a Schedule 1 water use and is NOT included in this water use. However, the waste discharged by the municipal treatment works into a water resource is an example of this water use. Discharge of waste or water containing waste through a marine outfall pipeline is also included in this water use. The lead Directorate for applications for section 21 (f) water uses is the DIR:RPW. Table 5.9 provides details of guidelines and other documents that support applications for this water use.



Table 5.9: List of specific section 21 (f) water use guidelines Title Document Availability 1 Internal Guideline: Section 21 (e), (f), (g), (h), (j). Water

Use Authorisation Application Process (Waste Discharge Related) (DWAF 2007)

2 Procedures to assess effluent discharge impacts (PAEDI), 1995

3 Operational Guideline M4.0, 1997 5.11 Section 21 (g): Disposing of waste in a manner which may detrimentally

impact on a water resource Definition of water use: This disposal takes place in on-site facilities such as slurry dams, tailings facilities, return water dams, slimes dams, municipal landfill sites or slag dumps, which may cause pollution of water resources. This includes the disposal of waste into wastewater treatment systems such as oxidation ponds that do not have outlets into water resources, disposal into evaporation dams, and the disposal of contaminated storm water in dams. Contaminated storm water as well as process water dams are both licensed under section 21(g) of the NWA. The lead Directorate for applications for section 21 (g) water uses is the DIR:RPW, in consultation with Civil Design. Table 5.10 provides details of guidelines and other documents that support applications for this water use. Table 5.10: List of specific section 21 (g) water use guidelines Title Document Availability 1 Internal Guideline: Section 21 (e), (f), (g), (h), (j). Water


2 SABS 0286, 1998 Mine Residues 3 Development of a first order decision support system for

the sustainable design, operation and closure of metalliferous tailing disposal facilities, Report to Water Research Commission

5.12 Section 21(h): Disposing in any manner of water which contains waste from,

or which has been heated in, any industrial or power generation process Definition of water use: This water use refers specifically to the increased temperature of the wastewater that may have a significant effect on the environment. As an interim measure, the discharge of water containing waste into the marine environment (sea outfall pipelines) is also considered under this water use. The lead Directorate for applications for section 21 (h) water uses is the DIR:RPW Table 5.11 provides details of guidelines and other documents that support applications for this water use.



Table 5.11: List of specific section 21 (h) water use guidelines Title Document Availability 1 Internal Guideline: Section 21 (e), (f), (g), (h), (j). Water


2 Operational Policy for the Disposal of Land Derived Water Containing Waste to the Marine Environment of SA

3 Procedures to assess effluent discharge impacts (PAEDI), 1995

5.13 Section 21 (j): Removing, discharging or disposing of water found

underground for the continuation of an activity or for the safety of persons Definition of water use: The pumping of water from underground in a mine or construction site to ensure continued production and safety in underground workings. It is important that a clear distinction be made between disposal into a water resource, and use of the water. The part of the water removed and not discharged or disposed of, but used for some purpose is considered to be taking of water in terms of section 21 (a) of the NWA. The lead Directorate for applications for section 21 (j) water uses is the DIR:RPW Table 5.12 provides details of guidelines and other documents that support applications for this water use. Table 5.12: List of specific section 21 (j) water use guidelines Title Document Availability 1 Internal Guideline: Section 21 (e), (f), (g), (h), (j). Water


2 Best Practice Guideline H3: Water Reuse and Reclamation

5.14 Section 21(k): Using water for recreational purposes Definition of water use: The term recreational water use (RWU) encompasses the uses of water, including the surface, for:

1. The exclusive purpose of sport, tourism or leisure 2. Personal or commercial recreational water use, or 3. Activities which contribute to the general health, well-being and skills development

of individuals and society The only water use entitlement that currently applies to RWU is Schedule 1 of the NWA. Currently, licenses are not issued specifically for section 21(k) use, nor is it covered by a GA. At present, the only departmental regulations limiting Schedule 1 use are Government Notice R654, dated 1 May 1964. These regulations are read together with section 113 of the NWA and only apply to the water surface and surrounding State land of a Government Waterworks (e.g. a State dam), and not to other water resources.



Authorisations in respect of these regulations entail a range of written approvals for access and use of a Government Waterworks. Further regulations pertaining to section 21(k) have been published for public review. These draft Regulations for the Use of water for Recreational Purposes generally and in respect of a government waterworks and surrounding state-owned land (Government Gazette 29413, Notice 1188), dated 1 December 2006 is available on the DWAF website. Once they are promulgated they will contain further limitations. It is important to note that the establishment of recreational infrastructure and facilities is NOT a section 21(k) water use, as it involves other water uses such as taking and storing of water, and altering the beds and banks of a watercourse. Situations that are not considered as section 21(k) water uses include:

• Abstracting water from a water resource for irrigating golf courses (refer to section 21(a))

• Abstracting and/or storing water in dams for aesthetic value or for recreational purposes (e.g. trout dams) (refer to section 21(a) and/or (b))

• Construction of jetties, moorings, slipways, marinas, etc. (refer to section 21(c) and/or (i)).

The lead Directorate for applications for section 21 (k) water uses is the DIR:WA&IU Table 5.13 provides details of guidelines and other documents that support applications for this water use. Table 5.13: List of specific section 21 (k) water use guidelines Title Document Availability1 Recreational Water Use Manual (RWUM) Intranet Regulations for the Use of water for Recreational

Purposes generally and in respect of a government waterworks and surrounding state-owned land (Government Gazette 29413, Notice 1188),

Draft, intranet



6 INTEGRATED LICENCE APPLICATIONS A licence application for more than one water use will comprise the appropriate application forms for each water use, the payment of one licence application fee, and only one set of supporting documents. The content of the supporting documentation has to comply with the standards set for each of the water uses, and therefore more than one set of internal guidelines will be used to assess the licence application. The integrated water use licensing approach is usually followed for proposed activities with a potentially high impact on the water resource, such as mines and other industries. Approval of such applications is delegated to the Chief Director: Water Use in conjunction with the Directorate: Resource Protection and Waste if it involves discharge-related water uses, i.e. section 21 (e), (f), (g), (h), and (j). Where an application for an integrated licence is received from a mine, the Directorate: Resource Protection and Waste will facilitate the process as the lead directorate. Use of water for aquaculture is also authorised in an integrated manner. Applications made in this regard are facilitated by the Directorate: Water Abstraction and In-stream Use. The sector specific guidelines which relate to specific activities associated with the various sectors of mining, industry, agriculture, waste management and local authorities are detailed in Tables 6.1 – 6.5 below. These sector specific guidelines are intended to assist the Departmental official to achieve an appropriate balance between the need to protect and sustain water resources against the need to develop and use water productively through their approach to the assessment of licence applications. Table 6.1: Sector specific guidelines for mining Title Document Availability1 Internal Guideline: Section 21 (e), (f), (g), (h), (j). Water


2 DWAF 2006: Best Practice Guideline G1: Storm water management

3 DWAF 2006: Best Practice Guideline G2: Water and Salt Balances

4 DWAF 2006: Best Practice Guideline H3: Water Reuse and Reclamation

5 Guideline for the evaluation of application for the undermining of a watercourse

In development

6 Assessment guideline for water use authorisation in the mining sector

7 Environmental Management Programme Reports (EMPR), Checklist, July 2004

8 Integrated water and waste management plan (content) 9 Operational Guideline M1.0 River Diversions 10 Operational Guideline M4.0 Application by a mine for a

permit in terms of section 12B and 21 of the Water Act (Act 54 of 1956)



Table 6.2: Specific guidelines for agriculture Title Document Availability1 Internal Guideline: Section 21 (e), (f), (g), (h), (j). Water


2 Internal Guideline: Section 21 (a), (b), (c), (i), (f), (g), (h) Water Use Authorisation Application Process (Aquaculture)

3 External Guideline: Section 21 (a), (b), (c), (i), (f), (g), (h) Water Use Authorisation Application Process (Aquaculture)

4 Manure Handling Guideline Table 6.3: Specific guidelines for industry Title Document Availability1 Internal Guideline: Section 21 (e), (f), (g), (h), (j). Water


2 Integrated water and waste management plan (content) 3 Operational Policy for the Disposal of Land-derived

Water Containing Waste to the Marine Environment of South Africa - Edition 1, 2004

Table 6.4: Specific guidelines for local government and water services institutions Title Document Availability1 Aide Mémoire for the preparation of a Water Quality

Management Report to support the application for licences for sewage treatment works, First Edition 2003.

2 Guideline for the Utilization and Disposal of Wastewater Sludge. Volume 1 and 2.

3 Internal Guideline: Section 21 (e), (f), (g), (h), (j). Water Use Authorisation Application Process (Waste Discharge Related) (DWAF 2007)

4 Permissible utilisation of Sludge, 2002 Table 6.5: Specific guidelines for waste management Title Document Availability1 The Minimum Requirements for Waste Disposal by

Landfill. 2nd Edition 1998

2 The Minimum Requirements for Water Monitoring at Waste Management Facilities by Landfill. 2nd Edition 1998

3 Minimum Requirements for Handling Classification and Disposal of Hazardous materials 2nd Edition 1998

4 Internal Guideline: Section 21 (e), (f), (g), (h), (j). Water Use Authorisation Application Process (Waste Discharge Related) (DWAF 2007)

5 Memorandum of agreement for the issuing of a Record of Decision between DWAF and DEAT



7 REVIEW AND AMENDMENT OF WATER USE LICENCES One of the critical requirements of a licence (section 28(1)(f) of the NWA) is the licence review period. This review is undertaken by the relevant responsible authority at the periods stipulated in the licence. 7.1 Reviewing of licence On reviewing a licence (section 49 of the NWA), a responsible authority may amend any condition of the licence, other than the period thereof, if:

1. It is necessary or desirable to prevent deterioration or further deterioration of the quality of the water resource

2. There is insufficient water in the water resource to accommodate all authorised water uses after allowing for the Reserve and international obligations, or

3. It is necessary or desirable to accommodate demands brought about by changes in socio-economic circumstances, and it is in the public interest to meet those demands

An amendment may only be made if the conditions of other licences for similar water use from the same water resource in the vicinity, all as determined by the responsible authority, have also been amended in an equitable manner through a general review process. If the amendment or substitution of conditions severely prejudices the economic viability of any undertaking in respect of which the licence was issued, there may be a claim for compensation. A specialist review may be commissioned by the Department in instances when the assessment is highly technical in nature, such as the impact of the water use on the quality of the receiving surface and ground water resources. The decision taken on the water use licence application will be contained in a Record of Recommendation (RoR) (See Appendix B) 7.2 Amendment of licence conditions Minor amendments to licences (for instance, to correct clerical mistakes, or changes in format) may be made outside of the review process (section 50 of the NWA). In addition, a licensee may apply to the responsible authority for the renewal or amendment of a licence before it expires (section 52 of the NWA). In considering such applications, the responsible authority must again consider the matters dealt with in the initial application. Any condition may be amended by agreement with the licensee. In addition, the responsible authority must afford the licensee an opportunity to be heard before amending any licence condition on review.



8 APPEALS An appeal to the Water Tribunal in terms of section 148 of the NWA must be made in writing within 30 days from the date on which the decision was conveyed to the applicant. The appeal must detail the facts and the grounds for the appeal and must be accompanied by all relevant documentation. The Water Tribunal shall, after considering all relevant facts and supporting documents:

• Uphold the original decision • Uphold the original decision with modifications, or • Reverse the original decision

9 DEFINITIONS If the meaning or definition of any word or expression used in this guideline is at variance with that contained in the NWA, then the definition as contained in the NWA takes precedence. Definition of an environmental risk assessment (ERA) A process of gathering data and making assumptions to estimate short- and long-term harmful effects on human health and the environment from exposure to hazards associated with the use of a particular product or technology; or establishing the probability of an event occurring, the factors that could bring about that event, likely exposure levels and the acceptability of the impact resulting from exposure. Level 1 ERA: A qualitative (screening) risk assessment, making use of available information. A conservative approach must be taken during a level 1 risk assessment, especially in lieu of appropriate data sets. Level 2 ERA: A detailed quantitative risk, making use of extensive, site-specific data. A level 2 risk assessment must demonstrate a high degree of certainty.



APPENDIX A

PROPOSED NEW FORMAT FOR INTEGRATED LICENCES

BY REGISTERED MAIL

LICENCE IN TERMS OF CHAPTER 4 OF THE NATIONAL WATER ACT, 1998 (ACT NO. 36 OF 1998) (THE ACT) I, Deborah Gabaakelwe Mochotlhi, in my capacity as Chief Director: Water Use in the Department of Water Affairs and Forestry and acting under authority of the powers delegated to me by the Minister of Water Affairs and Forestry, hereby authorise the following water uses in respect of this licence. SIGNED: ______________________ DATE: ________________________

LICENCE NO. <Insert number>

1. Water User: <name of licensee> Postal Address of

applicant: <address line 1>

<address line 2> <Town/City> <Postal code>

2. Water Uses 2.1 Section 21(a) of the Act: Taking of water from a water resource, subject to the

conditions set out in Annexures I and II. 2.2 Section 21(b) of the Act: Storage of water, subject to the conditions set out in

Annexures I and III. 2.3 Section 21(c) of the Act: Impeding or diverting the flow of water in a

watercourse, subject to the conditions set out in Annexures I and IV.

2.4 Section 21(d) of the Act: Engaging in a stream flow reduction activity, subject to the conditions set out in Annexures I and V.

2.5 Section 21(e) of the Act: Engaging in a controlled activity, subject to the conditions set out in Annexures I and VI.

2.6 Section 21(f) of the Act: Discharging waste or water containing waste into a water resource, subject to the conditions set out in Annexures I and VII.

2.7 Section 21(g) of the Act: Disposing of waste in a manner which may detrimentally impact on a water resource, subject to the conditions as set out in Annexures I and VII.

2.8 Section 21(h) of the Act: Disposing in any manner of water which has been heated, subject to the conditions set out in Annexures I

and VII.



2.9 Section 21(i) of the Act: Altering the bed, banks course or characteristics of a watercourse, subject to the conditions set out in Annexures I and IV.

2.10 Section 21(j) of the Act: Removing, discharging or disposing of water found underground, subject to the conditions set out in Annexures I and VIII.

3. Properties on which the use will be exercised 3.1 Section 21(a) of the Act: <provide property description> 3.2 Section 21(b) of the Act: <provide property description> 3.3 Section 21(c) of the Act: <provide property description> 3.4 Section 21(d) of the Act: <provide property description> 3.5 Section 21(e) of the Act: <provide property description> 3.6 Section 21(f) of the Act: <provide property description> 3.7 Section 21(g) of the Act: <provide property description> 3.8 Section 21(h) of the Act: <provide property description> 3.9 Section 21(i) of the Act: <provide property description> 3.10 Section 21(j) of the Act: <provide property description>

4. Registered owners of the Properties

4.1 <specify registered owner per property> 4.2 <specify registered owner per property> 4.3 <specify registered owner per property>

5. Licence and Review Period

This licence is valid for a period of <specify time> (XX) year(s) from the date of issuance and as provided for under Section 49 of the Act, it will be reviewed every <specify frequency> year(s).

6. Definitions

Any terms, words and expressions as defined in the National Water Act, 1998 (Act 36 of 1998) shall bear the same meaning when used in this licence.

“The Act” means the National Water Act, 1998 (Act 36 of 1998). “The Department” means the Department of Water Affairs and Forestry. “The Regional Director” means the Regional Director: <specify Region>, Department of Water Affairs and Forestry, Private Bag X<specify>, <specify town/city>, <postal code>. “Report” refers to the report entitled “<name report>” dated <dd/mm/yy> for “<name applicant>” as compiled by <name PSP> for <name water user> as well as all other related documentations and communication (emails, letters, verbal, etc) related thereto.



7. Acronyms used in licence

CARA Conservation of Agricultural Resources Act, 1983 (Act No. 4 of

1983) IWWMP Integrated Water and Waste Management Plan RSIP Rehabilitation Strategy and Implementation Programme ROD Record of Decision ROR Record of Recommendation RQO Resource Quality Objective SABS South African Bureau of Standards SASS South African Scoring System WC Water Conservation WDM Water Demand Management



ANNEXURE I

CONDITIONS FOR ALL WATER USES 1. The responsibility for complying with the provisions of the licence is vested in the

licensee and not any other person or body.

2. This licence is subject to all the provisions contained in the National Water Act.

3. In terms of section 148(1)(f) of the Act, any person who has timeously lodged a written objection against the application for a license may appeal to the Water Tribunal and the Tribunal may confirm, amend or withdraw the license or make any other order as it deems appropriate.

4. The licence shall not be construed as exempting the licensee from compliance

with the provisions of the National Environment Management Act, 1998 (Act 107 of 1998), the Health Act, 2003 (Act 61 of 2003), the Environment Conservation Act, 1989 (Act 73 of 1989), the Occupational Health and Safety Act, 1993 (Act 85 of 1993) or any other applicable Act, Ordinance, Regulation or By-law.

5. The licensee shall immediately inform the Regional Director of any change of

name, address, premises and/or legal status. 6. This licence and any amendment to this license are also subject to all the

applicable procedural requirements and other applicable provisions of the Act, as amended from time to time.

7. If the property mentioned in Clause 3 above is subdivided, sold or consolidated,

the owner(s) of the new property (ies) must enter into a written mutual agreement and notify this Department or the responsible authority within 60 days after the said transaction took place.

8. If a water user association is established in the area to manage the resource,

membership of the licensee to this association is compulsory and rules, regulations and water management stipulations of the association must be adhered to.

9. The licensee shall be responsible for any water use charges or levies imposed

from time to time by a responsible authority or Department in terms of the Raw Water Pricing Strategy, Waste Discharge Charges, Water Resource Management Charge of the Department, or any other water charge or levies that might be imposed in terms of the appropriate legislation.

10. The licensee must inform the Department at least 90 days before the expiring

date of the licence whether the licence must be considered for another term. 11. The licensee shall be responsible for appointment of a Responsible Person(s)

who will give effect to the various licence conditions and to ensure compliance thereof.

12. The licensee shall conduct an annual internal audit on compliance with the

conditions this licence. A report on the audit shall be submitted to the Regional Director within one month of the finalisation of the audit.



ANNEXURE II

Section 21(a) of the Act: Taking water from a water resource 1. This licence authorises the taking of a maximum quantity of <specify volume in

words> cubic meter (m3) of water per annum from <name source> located on <specify portion> of the farm <specify farm name>, based on an average of <volume> cubic metres (m3) per day, for <describe activity> purposes.

2. The quantity of water authorised to be taken in terms of this licence may not be

exceeded without prior authorisation by the Minister. 3. This licence does not imply any guarantee that the said quantities and qualities of

water will be available at present or at any time in the future. 4. Due to possible over-allocation of water in this water resource, when compulsory

licensing is required in future in terms of Chapter 4 of the Act, this licence shall be subject to a reduction of the allocated volume in order to comply with the requirements of the Act.

5. The abovementioned volume may be reduced when the licence is reviewed. 6. The licensee shall continually investigate new and emerging technologies and put

into practice water efficient devices or apply technique for the re-use of water containing waste, in an endeavour to conserve water at all times.

7. All water taken from the resource shall be measured as follows:

7.1 The daily quantity of water taken must be metered or gauged and the total recorded at the last day of each month; and

7.2 The license shall keep record of all water taken and a copy of the records

shall be forwarded to the Regional Director on or before 25 January and 25 July of each year.

8. No water taken may be pumped, stored, diverted, or alienated for purposes other

than intended in this licence, without written approval by the Minister or his/her delegated nominee.

9. The licensee shall install and monitor appropriate water measuring to measure the

amount of water abstracted, received and/or consumed, as applicable to the infrastructure.

10. The licensee shall be responsible for any water use charges or levies, which may

be imposed from time to time by the Department or responsible authority in terms of the Department’s Raw Water Pricing Strategy.

11. Notices prohibiting unauthorised persons from entering the certain areas, as well

as internationally acceptable signs indicating the risks involved in case of an unauthorised entry must be displayed along the boundary fence of these areas.

12. The Department accepts no liability for any damage, loss or inconvenience, of

whatever nature, suffered as a result of:



12.1 shortage of water; 12.2 inundations or flood; 12.3 siltation of the resource; and 12.4 required reserve releases.

13. The licensee shall ensure that all measuring devices are properly maintained and in good working order and must be easily accessible. This shall include a programme of checking, calibration, and/or renewal of measuring devices.

14. The licensee shall establish a programme of formal Information Management

System, which maintains a database on water supply, distribution and delivery infrastructure.

15. The licensee shall establish and implement a continual process of raising

awareness amongst itself, its workers and stakeholders for the need to for WC/WDM.

<ADD SITE SPECIFIC LICENCE CONDITIONS>



ANNEXURE III

Section 21(b) of the Act: Storing of water 1. STORAGE OF WATER 1.1 The licensee is authorised to store a maximum quantity of <specify volume> m3 of

water in the dam(s) at the geographic position <specify locality> on the farm <describe property> with a storage capacity of <specify volume> m3.

1.2 The licensee must obtain any proprietary rights or servitudes at his own cost. 1.3 The licensee is not indemnified from any detrimental effect that the dam(s) may

have on other properties. The Department does not accept any responsibility or liability for any damages or losses that may be suffered by any other party as a result of the construction and utilisation of the dams.

1.4 No additional water storage facilities can be constructed on the property without

prior written consent of the Minister or responsible authority. 2. MONITORING REQUIREMENTS 2.1 The licensee is not indemnified from any detrimental effect that the dam(s) may

have on other properties. The Department does not accept any responsibility or liability for any damages or losses that may be suffered by any other party as a result of the construction and utilisation of the dams.

2.2. Suitable measuring structures must be constructed up stream and down stream of

the dams to measure the flow entering and leaving the dams and this information must be available on request.

2.4 The licensee shall establish a monitoring programme and the date and time of

monitoring in respect of each sample taken shall be recorded together with the results of the analysis as well as other significant information (low flow, flooding, pollution incident, etc.).

2.5 The quantity of water stored shall be recorded as at the last day of each month. 3. DAM SAFETY REQUIREMENTS 3.1 The construction, operation, and maintenance of all dam facilities classified as a

dam with a safety risk, must be carried out under supervision of a Professional Civil Engineer, registered under the Engineering Profession of South Africa Act, 1990 (Act 114 of 1990).

3.2 All storage facilities (for water not containing waste) with a safety risk will comply

to the following control measures: 3.3 The licensee shall supply any information, drawings, specifications, design

assumptions, calculations, documents and test results when requested by the Regional Director.

3.4 An approved professional person must be appointed to carry out a dam safety

evaluation annually and must:



3.4.1 Consider whether the safety norms pertaining to the design, construction, monitoring, operation, performance and maintenance of the dam satisfy acceptable dam engineering practices.

3.4.2 Compile a report on the matters contemplated above according to the

prescribed requirements and submit the signed and dated report to the owner of the dam within the prescribed period.

3.5 The licensee is not exempted from compliance with the provisions of the

Regulations published under Government Notice R1560 of 25 July 1986, read with Chapter 12 of the Act.

4. CONSTRUCTION OF DAM(S) 4.1 The as-built plans and specifications of the dam(s) must be submitted to the

Regional Director for his/her records. 4.2 Construction of the dam(s) may not commence before authorisation in terms of

the Environment Conservation Act, 1989 (Act 73 of 1989) is issued. 4.3 The Government reserves the right to construct storage works at any time in any

stream and to store all surplus water reaching the dam(s) and to control the allocation of such water.

4.4 Construction of the dam(s) may not commence unless the required authorisation

to build has been issued by the Dam Safety Office of this Department. <ADD SITE SPECIFIC LICENCE CONDITIONS>



ANNEXURE IV

Section 21(c) of the Act: Impeding or diverting the flow of water in a

watercourse; Section 21(i) of the Act: Altering the bed, banks, course or characteristic of a

watercourse 1. CONSTRUCTION, OPERATION AND MAINTENANCE 1.1 The licensee shall carry out and complete all the activities according to the

following:

1.1.1 Report(s) submitted to the Department or the Responsible Authority; 1.1.2 Conditions of this licence; and 1.1.3 Any other written direction issued by the Regional Director in relation to

this licence.

1.2 The licensee must submit a set of as-built drawings (not schematic layouts) to the Regional Director of all river diversions, road crossings and weirs.

1.3 The conditions of the authorisation shall be brought to the attention of all persons

(employees, sub-consultants, contractors etc.) associated with the undertaking of this activity and the applicant shall take such measures that are necessary to bind such persons to the conditions of this licence.

1.4 Construction activities must not take place within the 1:100 year flood-line or within a horizontal distance of 100 meters from any watercourse, estuary, borehole or well, whichever is the greatest, unless authorised by this licence (as part of the activities described in the report(s) (referred to in condition 1.2) submitted to the Department).

1.5 Compensation measures for damage to and or mitigation measures must be recommended if avoidance or minimisation of the impacts of the proposed development is not possible or if mitigation measures fail to adequately protect the in-stream and riparian habitat.

1.6 No material with pollution generating potential will be used in any construction activities.

1.7 The necessary erosion prevention mechanisms shall be employed to ensure the sustainability of all structures.

1.8 The licensee must ensure that structures such as the river diversions, river road crossings, weirs and the culverts shall not be damaged excessively by floods exceeding the magnitude of floods occurring on average once in every 100 years.

1.9 The structure of temporary crossings must be non-erosive, structurally stable and must not induce any flooding or safety hazard. Temporary crossings must be inspected regularly for accumulation of debris, blockage, erosion of abutments and overflow areas. Debris must be removed and damages must be repaired and reinforced immediately.



1.10 Construction activities shall start up-stream and proceed into a down-stream direction, so that the recovery processes can start immediately, without further disturbance from upstream construction works.

1.11 Construction activities must be scheduled to take place during the dry seasons when flows are lowest.

1.12 The natural migration of aquatic biota and upstream movement of fish must not be disturbed.

1.13 The development may not impede natural drainage lines.

1.14 The construction camp shall not be located within the 1:100 year flood line or within 100 meters of any watercourse whatever the greatest.

1.15 Vehicles and other machinery must be serviced well above the 1:100 year flood line or within a horizontal distance of 100 meters from any watercourse or estuary. Oils and other potential pollutants must be disposed off at an appropriate licensed site, with the necessary agreement from the owner of such a site.

1.16 All reagent storage tanks and reaction units must be supplied with a bunded area built to the capacity of the facility and provided with sumps and pumps return the spilled material back into the system.

1.17 The system shall be maintained in a state of good repair and standby pumps must be provided.

1.18 Any hazardous substances must be handled according to the relevant legislation relating to transport, storage and use of the substance.

1.19 Pollutions caused by spills from the conveyances must be prevented through proper maintenance and effective protective measures especially near all stream crossings.

1.20 Any access roads or temporary crossings should be:

1.20.1 non-erosive, structurally stable and should not induce any flooding or safety hazard;

1.20.2 any damage be repaired immediately to prevent further damage. 2. STORMWATER MANAGEMENT 2.1 Stormwater shall be diverted from the construction works and roads and shall be

managed in such a manner as to disperse runoff and to prevent the concentration of stormwater flow.

2.2 Where necessary works must be constructed to attenuate the velocity of the

stormwater discharge and to protect the banks of the watercourse. 2.3 Stormwater control works must be constructed, operated and maintained in a

sustainable manner throughout the project. 2.4 Increased runoff due to vegetation clearance and/or soil compaction must be

managed, and steps must be taken to ensure that stormwater does not lead to bank instability and excessive levels of silt entering the watercourse.



2.5 Stormwater leaving the licensee’s premises must in no way be contaminated by any substance, whether such substance is a solid, liquid, vapour or gas or a combination thereof which is produced, used, stored, dumped or spilled on the premises.

3. WATER QUALITY 3.1 The in-stream water quality must be analysed on weekly basis during the

construction of the activities of the river diversion, at the monitoring points for both upstream and downstream of the activities for the river diversion for the following variables: pH, Electrical conductivity (mS/M), suspended solids (mg/l), and total dissolved solids (mg/l). Monitoring shall continue on monthly basis for three months after the cessation of the activities.

3.2 Activities (such as maintenance) that lead to elevated levels of turbidity of any watercourse must be minimised.

3.3 The licensee shall ensure that the quantity of the water to downstream water

users does not decrease because of the existence of the river diversions, river crossings, culverts and associated maintenance of road crossings.

4. GENERAL SPECIFICATIONS 4.1 A suitably qualified person, appointed by the licensee, and approved, in writing, by

the Regional Director, must be responsible for ensuring that the structures are maintained in line with the design specifications.

4.2 The licensee shall have a full time Civil Engineer Supervisor on the site during

construction of river diversions, river crossings and culverts. The contractor shall have an approved Site Agent on the site during construction.

4.3 The licensee must ensure that river diversions, river road crossings, weirs and the

culverts shall not be damaged excessively by floods exceeding the magnitude of floods occurring on average once in every 100 years.

4.4 Development activities should start upstream and work downstream, so that the

recovery process can start immediately, without further disturbance from upstream disturbances.

4.5 The necessary erosion prevention mechanisms shall be employed to ensure the

sustainability of all the structures. 4.6 Where temporary crossings are included their structure must be non-erosive,

structurally stable and may not induce any flooding or safety hazard. Temporary crossings must be inspected regularly for accumulation of debris, blockage, erosion of abutments and overflow areas. Damaged areas shall be repaired and reinforced immediately.

4.7 The licensee must submit a set of as-built detailed drawings (not schematic

layouts) to the Regional Director of all river diversions, road crossings, and weirs, when required.

4.8 The licensee shall deliver proof to the Regional Director of compliance with the

following, when required:



4.9 The licensee must ensure the placement of advertisements of the alteration activities in local newspapers and one regional newspaper as required by the M1.0 Operational Guideline for the control over the alteration of a watercourse.

5. PROTECTIVE MEASURES 5.1 The diversion structures may not restrict river flows by reducing the overall river

width or obstructing river flow.

5.2 Operation and storage of equipment within the riparian zone must be limited as far as possible.

5.3 All activities within the riparian zone should be restricted as far as possible.

5.4 Any material removed from the in stream or riparian habitat, may not be stored within the riparian zone, and may not be stored in such a way that will cause damming of water or wash-away.

5.5 Alien vegetation must not be allowed to further colonise the area, and all new alien vegetation recruitment must be eradicated or controlled, using standard methods approved by the Department.

5.5 Soils that have become compacted through the activities of the development must be loosened to an appropriate depth to allow seed germination.

5.6 The proposed development must not impede the upstream movement of fish. 5.7 Increased runoff due to vegetation clearance and/or soil compaction must be

managed and steps must be taken to ensure that stormwater does not lead to bank instability and excessive levels of silt entering the stream.

5.8 Riparian vegetation, including dead trees, may not be removed from the area. In

particular, snags (fallen trees and branches) in the river must be protected (i.e. not collected for firewood or any other purpose).

5.9 All reasonable steps should be made to minimise noise and mechanical vibrations

in the vicinity of the river. 6. REHABILITATION 6.1 All disturbed areas must be re-vegetated with an indigenous seed mix in

consultation with an indigenous plant expert, ensuring that during rehabilitation only indigenous shrubs, trees and grasses are used in restoring the biodiversity.

6.2 The vegetation of the surrounding catchment should also be managed to prevent

erosion and siltation of the water course. 6.3 The licensee shall take steps necessary to allow movement of aquatic species,

including migratory species during the rehabilitation programme. 6.4 The licensee shall embark on a systematic long-term rehabilitation programme to

restore natural watercourses to environmentally acceptable and sustainable conditions after construction, which shall include, but not be limited to:

6.4.1 The rehabilitation of disturbed and degraded riparian areas to restore and

upgrade the riparian habitat integrity to sustain a bio-diverse riparian ecosystem; and



6.4.2 Annually assess the habitat to monitor the sustainability of the diversions and compliance with these conditions. Action must be taken to rectify any negative impacts.

6.5 The licensee shall ensure that the volume of flow is not reduced except for natural

evaporative losses and the authorised attenuation volumes. 7. GENERAL SURFACE WATER DESIGN REQUIREMENTS AND CRITERIA 7.1 The licensee shall determine flood lines (1:50 and 1:100 year) prior to

construction to ensure risks are adequately managed. Flood lines shall be clearly indicated on the layout plans.

7.2 The licensee shall schedule construction activities at or close to river crossings,

streams or wetlands to take place during low flow periods. 7.3 The licensee shall clearly indicate all wetlands boundaries within the project area

on layout plans. 7.4 Design and planning of all proposed construction activities adjacent to or in the

vicinity of rivers, streams and wetlands shall consider the following measures:

7.4.1 Impact of alignment on springs and wetlands shall be investigated and monitored and ensure their continued functioning.

7.4.2 Where appropriate, large individual indigenous riparian trees shall be avoided during construction and shall be clearly marked on site.

7.4.3 All construction roads in or adjacent to the riparian zone shall be minimised and if required, shall be aligned and managed so as to minimise disturbance of the riparian zone and in-stream habitats.

7.5 The licensee shall do bio-monitoring to determine the impact, change,

deterioration and improvement of the aquatic system associated with the activities that of impeding, altering or diverting the water resource.

<INCLUDE ANY SITE SPECIFIC LICENCE CONDITIONS>



ANNEXURE V

Section 21(d) of the Act: Engaging in a stream flow reduction activity 1. All afforestation next to watercourses (as defined in the Act) must be undertaken

using the approach referred to in the document: “A practical field procedure for identification and delineation of wetlands and riparian areas”. According to the guideline a minimum of 20m buffer should be implemented next to the delineated watercourse. Should the distance differ from the requirements of other Government Departments, the greater buffer should apply.

2. All roads must stay clear of watercourses (as defined in the Act) and no soil

disturbance should take place within a minimum distance of 20m from the outer edge of a watercourse. Should the distance differ from the requirements of other Government Departments, the greater buffer should apply or as agreed during the site visit. An application for a water licence must be made in terms of sections 21(c) and 21 (i) of the act if any road or existing road is to be upgraded or built across or in a watercourse.

3. The water user must on his/her own expense progressively remove all declared

invasive species from the property as described in paragraph 3 in this document. 4. Any form of weed control must be aimed at leaving mulch and/or a rough

condition on the land surface. 5. The afforestation project must be conducted according to standard (or better than)

commercial afforestation practices. The Forestry Extension Office of the Department can be contacted for guidance in this regard.

6. Afforestation of the property must be in accordance with the Conservation of

Agricultural Resources Act (CARA), 1983 (Act No. 43 of 1983) as amended and any regulations thereunder as well as section 21 and 22 of the Environment Conservation Act, 1989 (Act no. 73 of 1989) and the National Environmental Management Act (NEMA) (Act 107 of 1998).

7. The planting of the tree group specified in this licence may not be altered or

changed without prior written approval of the delegated authority. 8. When the afforestation scheme has been completed, the water user must inform

the Department thereof, and submit to the Department a final planting plan on which the afforested area is indicated. The map must be at a scale of preferably 1: 10 000, but not smaller than 1: 20 000.

9. Planting shall be carried out by “pitting” and not by open cultivation. 10. Spraying of the vegetation cover with herbicides on slopes exceeding 20% (11.5º)

to kill vegetation for the purpose of planting trees may only be done in strips on the proposed planting rows.

11. All firebreaks are to be planned in such a way that no piece of land, including

watercourses, may be intentionally burned two years in succession.



12. During the harvesting process, the land may not be left uncovered by decaying or living vegetative material for a period longer than three consecutive months thereby affording protection against erosive action of water or wind.

13. The application strictly conforms to Forestry South Africa’s Environmental

Guidelines for Commercial Forestry Plantations. 14. Any agro-chemical used must be applied and stored in accordance with the

manufacturers’ specifications. 15. The applicant is responsible for compliance with the provisions of Duty of Care

and Remediation contained in Section 28 of the National Environment Management Act, 1998 (Act No. 107 of 1997).

16. All Conditions of Authorisation stipulated in the ROD from the Department of

Agriculture and Environmental Affairs must be adhered to. 17. The water user must ensure the prevention of soil erosion associated with the

afforestation, including along access roads and bridges and during planting and harvesting activities.

18. The water user must take reasonable measures to prevent soil erosion after any

forest fire and after harvesting and in particular any contamination of surface water resources.

19. The water user is required to take all necessary precautions in accordance with

the National Veld and Forest Fire Act, 1998 (Act No. 101 of 1998).

<INCLUDE ANY SITE SPECIFIC LICENCE CONDITION(S)>



ANNEXURE VI

Section 21(e) of the Act: Engaging in a Controlled Activity; Irrigation of any Land

with Waste or Water Containing Waste 1. QUANTITY OF WATER CONTAINING WASTE FOR IRRIGATION 1.1 This licence authorises the disposal to irrigated land with a maximum quantity of

<provide volume in words as contained in DW form> cubic meters of water containing waste per annum, based on an average of <specify volume> cubic meters per month.

1.2. The quantity of wastewater authorised to be irrigated in terms of this licence may

not be exceeded without prior authorisation by the Minister. 2. CROP TYPE AND AREA IRRIGATED 2.1 This licence authorises to irrigate a total surface area of <specify area in Ha> of

artificial pasture, trees and shrub on the properties according to agreement. 3. QUALITY OF WATER CONTAINING WASTE

The quality of the water containing waste irrigated may not exceed the following non-exceedance values or range:

Variable Limit

pH Electrical Conductivity Sodium Absorption ratio (SAR) Sodium (as Na) Calcium (as Ca) Magnesium (as Mg) Chemical oxygen demand (COD) Faecal Coliforms per 100ml <Add variables of concern>

4. MONITORING 4.1. The quantity of water containing waste irrigated shall be metered and recorded

daily.

4.2 Monitoring for the quantity of the water containing waste for irrigation shall be done at the point where the effluent is piped into the irrigation dam.

4.3 Flow metering, recording and integrating devices shall be maintained in a sound

state of repair and calibrated by a competent person at intervals of not more than two years. Calibration certificates shall be available for inspection by the Regional Director or his representative upon request.

4.4 The monitoring point/s shall not be changed without prior notification to and

written approval by the <Regional Director/Director-General.> 4.5 A monitoring program to determine compliance with the ground water quality

reserve on the property/properties must be designed in consultation with the affected parties.



5. REPORTING 5.1 The information required in terms of condition 3 shall be submitted monthly to the

Regional Director, under reference <16/2/7/xxxx/xx/xx>, within one month of the close of the period concerned.

6. METHODS OF ANALYSIS 6.1 Analyses shall be carried out in accordance with methods prescribed by and

obtainable from the South African Bureau of Standards (SABS), in terms of the Standards Act, Act 30 of 1982.

6.2 The methods of analysis shall not be changed without prior notification to and

written approval by the <Minister/Regional Director>. 7. GENERAL IRRIGATION PRACTICES 7.1 Irrigation shall be practised in accordance with the guidelines prescribed in the

document titled "Guide: Permissible Utilisation and Disposal of Treated Sewage Effluent", issued by the former Department of Health under reference 11/2/5/3 and dated 30 May 1978, or in accordance with any relevant regulations promulgated under section 26 of the Act.

7.2. Irrigation with waste shall be practised in a systematic manner and precautions

shall be taken so as to prevent -

7.2.1 Water logging and pooling of waste in any location; 7.2.2 Pollution of underground water or surface water due to seepage or

otherwise; 7.2.3 Fly breeding, public health hazard, odour or secondary pollution; 7.2.4 Runoff from the irrigation area because of wet weather or any other

conditions whatsoever; and 7.2.5 The site of the irrigation area shall be adequately fenced to prevent the

entry of animals and unauthorised persons. 7.3 Notices manufactured of durable weatherproof material prohibiting unauthorised

entry and warning against the use of water containing waste for drinking and washing purposes shall be displayed at prominent places along the fence and at entrance gates. Such notices shall be worded in the official languages applicable in the area.

8. PIPELINES 8.1 The pipelines used for the conveyance of waste shall be painted in a conspicuous

colour or manufactured of a coloured material distinctly different from the colour of the pipelines in which drinking water is flowing to avoid the possibility of any cross-connections of the different pipelines.

8.2 All stop-valves and taps on the pipelines conveying the effluent shall be of a type

that can be opened and closed by means of a loose wrench. This wrench shall be in the safekeeping of a responsible member of the staff to prevent unauthorised use thereof.

8.3 Notices manufactured of a durable weatherproof material warning against the use

of water containing waste for drinking and washing purposes shall be displayed at prominent places where the waste is being reused and at all taps. Such notices shall be worded in the official languages applicable in the area.



ANNEXURE VII

Section 21(f) of the Act: Discharging waste or water containing waste into a water resource Section 21(g) of the Act: Disposing of waste in a manner which may

detrimentally impact on a water resource Section 21(h) of the Act: Disposing in any manner of water which contain waste

from, which has been heated 1. CONSTRUCTION AND OPERATION

1.1 The licensee shall carry out and complete all the activities, including the

construction and operation of the <name of waste management facility>, according to the Report and according to the final plans <specify the Report> as approved by the Regional Director.

1.2 The construction of the <name of waste management facility> must be carried out

under the supervision of a professional Civil Engineer, registered under the Engineering Profession of South Africa Act, 1990 (Act 114 of 1990), as approved by the designer.

1.3 Within 30 days after the completion of the activities referred here in accordance

with the relevant provisions of this licence, the licensee shall in writing, under reference <16/2/7/XXXX>, inform the Regional Director thereof. This shall be accompanied by a signature of approval from the designer referred to above that the construction was done according to the design plans referred to in the Report.

1.4 The licensee must ensure that the disposal of the <specify type of waste> and the

operation and maintenance of the system are done according to the provisions in the Report.

1.5 The licensee shall as well submit a set of as-built drawings to the Regional

Director after the completion of the <name of waste management facility>. 1.6 The <name of waste management facility> shall be operated and maintained to

have a minimum freeboard of 0.8 metres above full supply level and all other water systems related thereto shall be operated in such a manner that it is at all times capable of handling the 1:50 year flood-event on top of its mean operating level.

1.7 The licensee shall use acknowledged methods for sampling and the date, time

and sampler must be indicated for each sample. 1.8 Flow metering devices shall be maintained in a sound state of repair and

calibrated by a competent person at intervals of not more than once in two years. Calibration certificates shall be available for inspection by the Regional Director or his representative upon request.

2. STORAGE OF WATER CONTAINING WASTE 2.1 The licensee is authorised to discharge/dispose <describe waste stream> of a

maximum quantity of <specify volume> cubic meters (m3) of <name waste> per month into the <name waste management facility> on the farm <describe property>.



3. QUALITY OF WASTE WATER TO BE DISPOSED 3.1 The quality of <specify the waste type> disposed of into the <name of waste

management facility> shall not exceed the following limits as specified in Table X below:

Table X: Quality of waste water to be disposed

SUBSTANCE/PARAMETER LIMIT pH Electrical conductivity (Ec) in mS/m Total Dissolved Solids (TDS) in mg/l Chlorides (Cl) in mg/l Sulphate (SO4) in mg/l Sodium (Na) in mg/l <add any variable as specified in DW767 supplementary forms>

4. MONITORING 4.1 The licensee shall monitor water resources at <specify in-stream compliance

monitoring point> to determine the impact of the facility and other activities on the water quality by taking samples at the monitoring points described in Table XX: Table XX: Monitoring Points

Locality Description X Co-ordinate Y Co-ordinate <Provide description of monitoring plan as indicated in example below>

Weir in river Up stream Railway bridge

Downstream

4.2 The date, time and monitoring point in respect of each sample taken shall be

recorded together with the results of the analysis. 4.3 Monitoring points shall not be changed prior to notification to and written approval

by the Regional Director. 4.4 An Aquatic Scientist approved by the Regional Director must establish a

monitoring programme for the following indices: Invertebrate Habitat Assessment System (IHAS) and the latest SASS (South African Scoring System). Sampling must be done once during the summer season and once during the winter season, annually, to reflect the status of the river upstream and downstream of the mining activities.

4.5 Toxicity testing to be performed on the <tailings disposal complex monitoring

boreholes> on a quarterly basis in order to determine the risks to the receiving environment. The data gathered in the investigation must be reported annually during March of each year to the Regional Director. If any toxicity levels as specified is exceeded, the licensee must institute an investigation to determine the cause of toxicity.

4.6 Toxicity testing must be conducted quarterly on the wastewater stream from the

<tailing disposal compartments> when returned back to the mine for use as process water.



4.7 The licensee shall participate in any initiative such as Direct Estimation of Ecological Effect Potential (DEEEP) to determine the toxicity of complex tailings waste discharges. Both acute and chronic toxicity must be addressed and at least three taxonomic groups must be present when toxicity tests are performed.

4.8 Analysis shall be carried out in accordance with methods prescribed by and

obtainable from the South African Bureau of Standards (SABS), in terms of the Standards Act, 1982 (Act 30 of 1982).

4.9 The methods of analysis shall not be changed without prior notification to and

written approval by the Minister. 5. WATER RESOURCE PROTECTION 5.1 The impact of the activities of the mine on the <name of resource> shall not

exceed the in-stream water quality objectives detailed in Table XXX (or resource quality objectives) as stipulated in the water quality reserve for the area:

Table XXX: Water Resource Quality Objectives VARIABLE RQO pH Total Dissolved Solids Sulphate (SO4) Chloride (Cl) Sodium (Na) Magnesium (Mg) Calcium (Ca) Nitrate (NO3) Dissolved Oxygen Toxics

6. REPORTING a. The licensee shall update the water balance annually and calculate the loads of

waste emanating from the activities. The licensee shall determine the contribution of their activities to the mass balance for the water resource and must furthermore co-operate with other water users in the catchment to determine the mass balance for the water resource reserve compliance point.

b. The licensee shall submit the results of analysis for the monitoring requirements to

the Regional Director on a <specify frequency> basis under Reference number <16/2/7/XXX/X>.

7. STORM WATER MANAGEMENT 7.1 Stormwater leaving the licensee’s premises shall in no way be contaminated by

any substance, whether such substance is a solid, liquid, vapour or gas or a combination thereof which is produced, used, stored, dumped or spilled on the premises.

7.2 Increase runoff due to vegetation clearance and/or soil compaction must be

managed, and steps must be taken to ensure that storm water does not lead to bank instability and excessive levels of silt entering the stream.



7.3 Storm-water shall be diverted from the <name> complex site and roads and shall be managed in such a manner as to disperse runoff and concentrating the storm-water flow.

7.4 Where necessary works must be constructed to attenuate the velocity of any

storm-water discharge and to protect the banks of the affected watercourses. 7.5 Storm-water control works must be constructed, operated and maintained in a

sustainable manner throughout the impacted area. 7.6 Increased runoff due to vegetation clearance and/or soil compaction must be

managed, and steps must be taken to ensure that storm-water does not lead to bank instability and excessive levels of silt entering the streams.

7.7 All storm-water that would naturally run across the pollution areas shall be

diverted via channels and trapezoidal drains designed to contain the 1:50 year flood.

7.8 The polluted storm water system shall be designed and implemented to provide

suitable routing and pumping capacity for contaminated storm water from the individual facilities to the respective storm water dams in accordance with the design specifications as contained in the <Report>.

7.9 The polluted storm water captured in the storm water control dams shall be

pumped to the process water treatment plant for reuse and recycling. 8. PLANT AREAS AND CONVEYANCES 8.1 Pollution caused by spills from the conveyances must be prevented through

proper maintenance and effective protective measures especially near all stream crossings.

8.2 All reagent storage tanks and reaction units must be supplied with a bunded area

built to the capacity of the facility and provided with sumps and pumps to return the spilled material back into the system. The system shall be maintained in a state of good repair and standby pumps must be provided.

8.3 Any hazardous substances must be handled according to the relevant legislation

relating to the transport, storage and use of the substance.

8.4 Any access roads or temporary crossings must be:

8.4.1 non-erosive, structurally stable and shall not induce any flooding or safety hazard; and

8.4.2 be repaired immediately to prevent further damage.

9. ACCESS CONTROL 9.1 Strict access procedures must be followed in order to gain access to the property.

Access to the <name areas of concern e.g. slimes dam, tailing complex, storm water dams> must be limited to authorised employees of the licensee and their Contractors only.



9.2 Notices prohibiting unauthorised persons from entering the controlled access areas as well as internationally acceptable signs indicating the risks involved in case of an unauthorised entry must be displayed along the boundary fence of these areas.

10. CONTINGENCIES 10.1 Accurate and up-to-date records shall be kept of all system malfunctions resulting

in non-compliance with the requirements of this licence. The records shall be available for inspection by the Regional Director upon request. Such malfunctions shall be tabulated under the following headings with a full explanation of all the contributory circumstances:

10.1.1 operating errors; 10.1.2 mechanical failures (including design, installation or maintenance); 10.1.3 environmental factors (e.g. flood); 10.1.4 loss of supply services (e.g. power failure); and 10.1.5 other causes.

10.2 The licensee must, within 24 hours, notify the Regional Director of the occurrence or

potential occurrence of any incident which has the potential to cause, or has caused water pollution, pollution of the environment, health risks or which is a contravention of the licence conditions.

10.3 The licensee must, within 14 days, or a shorter period of time, as specified by the

Regional Director, from the occurrence or detection of any incident referred above, submit an action plan, which must include a detailed time schedule, to the satisfaction of the Regional Director of measures taken to:

10.3.1 correct the impacts resulting from the incident; 10.3.2 prevent the incident from causing any further impacts; and 10.3.3 prevent a recurrence of a similar incident.

11. AUDITING 11.1 The licensee shall conduct an annual internal audit on compliance with the

conditions of this licence. A report on the audit shall be submitted to the Regional Director within one month of finalisation of the report, and shall be made available to an external auditor should the need arise.

11.2 The licensee shall appoint an independent external auditor to conduct an annual

audit on compliance with the conditions of this licence. The first audit must be conducted within 3 (three) months of the date this license was issued and a report on the audit shall be submitted to the Regional Director within one month of finalisation of the report.

12. INTEGRATED WATER AND WASTE MANAGEMENT

12.1 The licensee must prepare an Integrated Water and Waste Management Plan

(IWWMP), which must together with the Rehabilitation Strategy and Implementation Programme (RSIP), be submitted to the Regional Director for approval within one (1) year from the date of issuance of this licence.

12.2 The IWWMP and RSIP shall thereafter be updated and submitted to the Regional

Director for approval, annually.



12.3 The licensee must, at least 180 days prior to the intended closure of any facility, or any portion thereof, notify the Regional Director of such intention and submit any final amendments to the IWWMP and RSIP as well as a final Closure Plan, for approval.

12.4 The licensee shall make full financial provision for all investigations, designs,

construction, operation and maintenance for a water treatment plant should it become a requirement as a long-term water management strategy.

<ADD ANY SITE SPECIFIC LICENCE CONDITION(S)>



ANNEXURE VIII Section 21(j) of the Act: Removing of Water Found Underground 1. The licensee is authorised to remove a total volume of <specify volume in words>

cubic metres (m3) of underground water from <specify location>, based on an average quantity of <specify volume> m3 per day, and dispose of the underground water into the <name of containment facility> on the farm <describe property> and re-use this water in the operations.

2. The disposal of water into the <name of containment facility/resource> shall take place at the following location:

Location X co-ordinate Y co-ordinate

Pollution control dam/River/etc

<add> 3. The quantity of the water authorised to be removed and disposed of into the

<name of containment facility/resource> in terms of this license may not be exceeded without prior authorisation by the Minister.

4. The quality of the water disposed into the <name of containment facility/resource>

shall not exceed the quality as specified in the Table below:

Variable Average concentration

Maximum concentration

pH Electrical Conductivity as Ec in mS/m

Total dissolved solids as TDS Sulphate as SO4 Sodium as Na <Add variable of concern>

5. The licensee shall provide any water user whose water supply is impacted by the

water use with potable water. 6. The quantity of water removed from underground must be metered and recorded

on a daily basis. 7. The groundwater levels shall be monitored every six months (once in the

beginning of the dry season and once in the beginning of the wet season).

8. Self registering flow meters must be installed in the delivery lines at easily accessible positions near the dewatering points.

9. The flow metering devices shall be maintained in a sound state of repair and calibrated by a competent person at intervals of not more than once in two years. Calibration certificates shall be available for inspection by the Regional Director or his/her representative upon request.

10. Calibration certificates in respect of the pumps must be submitted to the Regional Director after installation thereof and thereafter at intervals of two years.



11. The date and time of monitoring in respect of each sample taken shall be recorded together with the results of the analysis.

12. Analysis shall be carried out in accordance with methods prescribed by and obtainable from the South African Bureau of Standards, in terms of the Standards Act, 1982 (Act 30 of 1982).

13. The methods of analysis shall not be changed without prior notification to the

licensee and written approval by the Minister or his/her delegated nominee. 14. The Regional Director must be informed of any incident that may lead to under-

groundwater being disposed of contrary to the provisions of this license, by submitting a report containing the following information: -

14.1 nature of the incident (e.g. operating malfunctions, mechanical failures,

environmental factors, loss of supply services, etc); 14.2 actions taken to rectify the situation and to prevent pollution or any other

damage to the environment; and 14.3 measures to be taken to prevent re-occurrence of any similar incident.

15. The licensee shall follow acceptable construction, maintenance and operational

practices to ensure the consistent, effective and safe performance of the underground water removal system.

16. Reasonable measures must be taken to provide for mechanical, electrical or

operational failures and malfunctions of the underground water removal system.

<ADD ANY SITE SPECIFIC LICENCE CONDITION(S)>

END OF LICENCE



APPENDIX B

RECORD OF RECOMMENDATION

F

E

@dwaf.gov.za

(012) 336 7500

16/2/7/

The Chief Director: Water Use Department of Water Affairs and Forestry Private Bag X313 PRETORIA 0001

RECORD OF RECOMMENDATION AND DECISION

Regarding the application for a licence received from

[Add property description]

FOR THE FOLLOWING SECTION 21 WATER USES INDICATED(X):

Sub-sec

Description as per the Act Existing Lawful

use

Applied for

Licensed * Not Licensed

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

e Engaging in a controlled activity

f Discharging waste or water containing waste into a water resource through a pipe, canal, sewer 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 effective continuation of an activity or for the safety of people

k Using water for recreational purposes

* Use a separate ROD sheet for water uses not approved

1. BACKGROUND TO APPLICATION (1 paragraph) Date of application Previous authorisations 2. SHORT SUMMARY OF TECHNICAL INFORMATION (Max ½ a page)

3. ASPECTS TAKEN INTO CONSIDERATION (Example)

The following aspects were taken into account with regard to this recommendation:

• The area is earmarked as a prime development zone. • The issuing of this licence will consolidate all the previous Exemptions for the

discharges into one licence, which is in line with departmental policy. • A detailed EIA was undertaken to evaluate the potential impact of increased

volumes and loads to be discharged and changes to the characteristics of the watercourse.

• The current discharge is well within acceptable limits and the additional discharge will not jeopardise the acceptable limits in any way. A report substantiating this is included in the Motivation Report.

• Industries discharging into the pipeline have shown commitment to cleaner production practices and the result is already visible.

• There was never any objection from any party to the issuing of a licence. • No legal constraints exist that prohibit the issuing of a licence. • A draft licence for discussion was compiled and distributed to the applicant as well

as the public forum for comments • Toolkit results for Section 27 of the NWA

The following aspects were taken into consideration with the drafting of the licence conditions:

a) Specific design changes for safety reasons from what was proposed to what is licensed Condition …

b) Need for continuous improvement addressed in condition ….. c) Comments and concerns raised by I&APs are addressed in Condition ….



d) Concern of unknown and as yet un-quantified environmental impacts addressed in Condition …

4. RECOMMENDATIONS AND DECISIONS

Recommended/not recommended Recommended/not recommended Deputy Director: (Region)* Date:

Director: (Region)** Date:

Recommended/not recommended Chief Director: (Region) Date: Recommended/not recommended Deputy Director: (Authorisation administration) Date: Recommended/not recommended Recommended/not recommended Deputy Director: (Sub-dir)* Date:

Director: (Lead Directorate)** Date:

Hereby the licence is issued/not issued (see attached signed licence/letter of decline) Chief Director: Water Use Date: Hereby the licence is despatched to the Regional Office Deputy Director: (Authorisation administration) Date:



APPENDIX C

EXAMPLE OF STANDARD REQUEST FOR A RESERVE DETERMINATION

[email protected]

Tel (012) 336 7500

<insert name>

Fax (012) 323 4472

<6/8/3/3/021>

Chief Directorate: Resource Directed Measures Department of Water Affairs and Forestry Private Bag X313 PRETORIA 0001 ATTENTION: MS BARBARA WESTON PRELIMINARY DETERMINATION OF THE RESERVE AND RESOURCE CLASS IN TERMS OF SECTION 14(1)(B) AND 17(1) OF THE NATIONAL WATER ACT, 1998: <PROVIDE NAME OF RIVER>: <PROVIDE QUARTENARY CATCHMENT AREA> 1. INTRODUCTION The <name> Regional Office of the Department of Water Affairs and Forestry received water use licence applications for <name water use activity> in the <name water resource and Water Management Area>. In order to proceed with the water use licence application the Resource Directed Measure Office (RDM) is hereby requested to conduct a preliminary Reserve determination for the affected resource. 2. LOCALITY OF THE PROPOSED WATER USE ACTIVITY <Provide a brief description by addressing the following criteria :> • Quaternary catchment number • Name of water resource affected/impacted by the water use(s) identified. (e.g. Name

of the river, wetland, dam, or estuary. Indicate if it is a tributary and provide the name of the tributary and mainstem river)

• Geographic co-ordinates: latitude and longitude in degrees, minutes and seconds • Provide the 1:50 000 map reference and farm name OR attached a copy of the

relevant part of the 1:50 000 map with the location of the water use marked on it. • Proximity to other users, such as dams, weirs, abstraction points, or in-stream or

riparian disturbance. Provide information in km from the proposed activity. • If there is more than one water use activity proposed, provide the above details for

each activity.



3. PURPOSE AND DESCRIPTION OF WATER USE A preliminary determination of the Reserve needs to be undertaken in support of the water use licence application and in order to consider the following section 21 water use licence applications: <select the relevant water uses and delete the rest> Section 21(a)

Taking water from a resource

Section 21(b)

Storing water

Section 21(c)

Impeding or diverting the flow of water in a watercourse

Section 21(d)

Engaging in a stream flow reduction activity

Section 21(e)

Engaging in a controlled activity as identified in section 37(1) of the Act

Section 21(f)

Discharging water into a water resource through pipe, canal, sewer or sea outfall

Section 21(g)

Disposing waste which may detrimentally impact on a water resource

Section 21(h)

Disposing of water in any manner of water that contain waste or has been heated in any industrial or power generating process

Section 21(i)

Altering the bed, banks, course or characteristics of a watercourse

Section 21(j)

Removing, discharging or disposing of water found underground

Section 21(k)

Using water for recreational purposes

• Indicate the water use activity (For example Section 21(a)- taking of water or

Section 25(b) – transfer of water rights). Describe the proposed development’s life cycle to determine the potential water uses as defined in the Act, e.g., storage, discharge, abstraction, etc.

• Provide a brief description of the applicant (E.g., Is the applicant an emerging or established user?)

• Provide a brief description of the objectives of the project for which the water is required.

• Provide details on the extent of water use (E.g., the volumes or quality of water involved, or extent of afforestation, or area or length of riparian or in-stream disturbance)

• Provide details on the water use activity itself, for example:- if abstraction – is it from a weir? State the frequency or pattern of water

use. If storage – is it in-stream or off-channel? Will the in-channel storage affect

moderate to high flows? If altering beds and banks and impeding and diverting the flow of water in

a watercourse, state the length and width of the proposed structure, number of structures within the river bed and those in the riparian zone, the size of the river in width and slope.)

Will the proposed water use activity reduce the yield by more than 20%? Are any International Obligations likely to be affected by the proposed

water use activity? Are there any downstream obligations likely to be affected by the proposed

water use activity? Would there be any significant impact on downstream water quality?



Will a national/international environmental resource be affected?

4. MOTIVATION FOR A RESERVE DETERMINATION <The request for a Reserve determination should be motivated in terms of the following attributes>

• The proposed water use activity will contribute towards satisfying basic livelihoods;

• The proposed water use activity would contribute towards developing small-scale local level employment and income creation;

• The water use activity is geared towards satisfying priority regional objectives as identified in Regional Planning Initiatives as contained in the Integrated Development Plan and Interim Strategic Perspective;

• The water use activity would satisfy the National Strategic Objectives; • The water use activity will result in significant employment creation in line with

priority planning objectives; • The water use activity will assist in addressing past economic inequities through

BEE; and • The water use activity would redress gender imbalances.

5. SUPPORTING DOCUMENTATION <Provide the following documentation in support of the Reserve determination>

• List and supply details and where possible copies of all studies related to the water use application and the receiving water resource. This should include IFR’s studies, Basin studies, feasibility studies, groundwater studies, EIA, EMPR, etc.

Should the RDM office requires any further assistance or clarification of information submitted, the Regional Office may be contacted at the number provided above. REGIONAL DIRECTOR DATE:



APPENDIX D

STANDARD WATER USE AUTHORISATION APPLICATION FORMS AND CHECKLIST FOR LICENCE APPLICATION

WATER USE REGISTRATION APPLICATION FORMS NB: The latest water use registration forms are detailed in Table 1 and can be obtained from DWAF National or Regional offices, or directly from the Department’s website at: http://www.dwaf.gov.za. Table 1: DW Forms for water use registration

Form number

Title

DW760 Taking Water from a Water Resource DW761 Storing Water DW762 Storing Water – Dam Safety Registration DW763 Impeding or Diverting the Flow of Water in a Watercourse DW764 Engaging in a Stream Flow Reduction Activity DW765 Engaging in a Controlled Activity: Irrigation of Any Land with Waste or

Water Containing Waste Generated through any Industrial Activity or by a Waterwork

DW766 Discharging Waste or Water Containing Waste into a Water Resource through a Pipe, Canal, Sewer, Sea Outfall or Other Conduit

DW767 Disposing of Waste in a Manner which may Detrimentally Impact on a Water Resource

DW768 Altering the Bed, Banks, Course or Characteristics of a Watercourse DW805 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

DW806 Using Water for Recreational Purposes DW808 Waste Site Registration

WATER USE LICENCE APPLICATION FORMS NB: The latest water use licence application forms detailed in Tables 2, 3 and 4 can be obtained from DWAF National or Regional offices, or directly from the Department’s website at: http://www.dwaf.gov.za.



Table 2: Applicant, property and ownership information forms

Form number

Title

DW756/769 Licensing Part 1: Individual DW757/770 Licensing Part 1: Water Services Provider (including Water Boards) DW758/771 Licensing Part 1: Company, Business or Partnership; National or

Provincial Government DW759/772 Licensing Part 1: Water User Association, including:

• Irrigation Boards • Subterranean Water Control Boards • Water Boards For Stock Watering • Settlement Boards • Water Conservation Boards

Applicant, property and ownership information must be provided on these forms. Certified copies of ID documents, title deeds, power of attorney statements, and other documents indicated in the forms must also accompany the submission. Table 3: Forms for specific water uses

Form number

Title

DW773 Licensing Part 2A: Taking Water from a Water Resource DW774 Licensing Part 2B: Storing Water DW775 Licensing Part 2C: Impeding or Diverting the Flow of Water in a

Watercourse DW776 Licensing Part 2D: Engaging in a Stream Flow Reduction Activity DW777 Licensing Part 2E: Engaging in a Controlled Activity: Irrigation of Any

Land with Waste or Water Containing Waste DW778 Licensing Part 2F: Discharging Waste or Water Containing Waste Into

a Water Resource through a Pipe, Canal, Sewer, Sea Outfall or Other Conduit

DW779 Licensing Part 2G: Disposing of Waste in a Manner which may Detrimentally Impact on a Water Resource

DW780 Licensing Part 2H: Disposing of Water which Contains Waste from, or which has been Heated in, any Industrial or Power Generation Process

DW781 Licensing Part 2I: Altering the Bed, Banks, Course or Characteristics of a Watercourse

DW782 Licensing Part 2J: 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

DW783 Licensing Part 2K: Using Water for Recreational Purposes (not currently licensed)

Information required for specific water uses must be provided on these forms.



Table 4: Supplementary forms

Form number

Title

DW784 Taking Water from a Water Resource: Pump Technical Data DW787 Taking Water from a Water Resource: Irrigated Field and Crop

Information DW788 Taking Water from a Water Resource: Power Generation, Industrial or

Mining Use DW790 Storing Water: Dam and Basin Technical Data DW799 Discharging or Disposing of Waste Water: Quality of Water, Waste or

Water Containing Waste

CHECKLIST

Application by Application Date Name of the

Stream

Indicate the completeness of the application by answering yes (Y), no (N), or not applicable (N/A). If the answer to any of the questions is NO, the Record of Recommendation must contain adequate motivation in support of the processing of the application. Checklist Criteria Y N N/A1. Have the following been considered with regard to the

application?

a) Any other possible water uses associated with this water use that could require licensing?

b) The most applicable legislation to govern the water use by (NWA vs. other applicable legislation)

c) The legal need for a licence (as opposed to an Existing lawful use or a General Authorisation)

d) The purpose, objectives and efficiency of the water use e) The potential impacts of the water use on the environment f) The potential impacts of the water use on the water resource g) The Reserve h) The impact of the water use on resource quality objectives i) The technical acceptability and efficiency of infrastructure associated

with the water use

j) The socio-economic impacts of the water use k) The socio-economic advantages of the water use 2. Did the applicant submit the following relevant

documentation and reports (which are required in terms of the authorisation protocol)?

a) Correctly completed Application Forms b) Legal Assessment c) Pre-assessment: (First draft EMP) d) Extent of investigation/Scoping e) Detailed investigations: i) EIA: Geomorphological Impact Assessment ii)EIA: Ecological Impact Assessment f) Final Application Report



Checklist Criteria Y N N/A

3. Does the FINAL APPLICATION REPORT contain a summary of the following aspects?

a) Public Participation b) Locality map indicating the location of the proposed activity c) EIA

4. Are the following relevant plans, which are required in terms

of the authorisation protocol submitted by the applicant in the FINAL APPLICATION REPORT?

a) Technical Data b) Construction plan c) Operation and Maintenance Plan d) Rehabilitation Plan e) End-Use Plan f) Water Quality Monitoring Plan

5. Are these reports and plans referred to in the draft Licence? 6. Was the draft licence circulated for comment to I & AP’s?

7. Are the following documentation attached to the FINAL

APPLICATION REPORT?

a) Correct route form b) Draft Licence c) Proof of ownership/ agreement with owner if applicant and land owner

is not the same

d) Recommendation by Directorate Civil Design (HEAD OFFICE) e) Recommendation by Directorate Geohydrology (HEAD OFFICE) 8. Are the following aspects addressed in the draft Licence? a) Correct title deed description b) Design plan c) Stormwater control measures (as included and described in approved

design plans)

d) Recommendations from Directorates Civil Design and Geohydrology

9. General a) Is the latest updated version of the standard licence used for the

drafting?

b) Are the licence conditions specifically adapted for the specific type of water use

c) Is the draft licence checked for spelling and grammar? d) Do the numbers of cross-referenced conditions correspond with each

other?

e) Do the numbers on the Annexure(s) correspond with the numbers of the conditions?

f) Are the pages of the licence numbered? g) Is an electronic version of the draft licence included/forwarded by e-

mail?

10. Financial & Information Management a) Has the routing form been developed to include all DWAF parties?



Checklist Criteria Y N N/Ab) Are the requirements for charges of the water use established and

recorded?

c) Has a file been opened on the 27-series? d) Is the final application data correctly captured on WARMS?

Name of official(s) compiling the LICENCE

Date:



APPENDIX E

REGIONAL OFFICE CONTACT DETAILS

LIMPOPO REGION Contact information Water Management Areas served Regional Chief Director: Limpopo Region Department of Water Affairs and Forestry Private Bag X9506 POLOKWANE 0700 Tel: (015) 295 9410 Fax: (015) 295 3217

WMA 1: Limpopo Major rivers include the Limpopo, Matlabas, Mokolo, Lephalala, Mogalakwena, Sand and Nzhelele Tertiary drainage regions A41, A42, A50, A61 to A63, A71, A72 and A80. WMA 2: Luvuvhu and Letaba Major rivers include the Mutale, Luvuvhu and Letaba Tertiary drainage regions A91, A92, B81 to B83 and B90.

NORTH WEST REGION Contact information Water Management Areas served Acting Regional Chief Director: North West Region Department of Water Affairs and Forestry Private Bag X5 MMABATHO 2735 Tel: (018) 384 3270 Fax: (018) 384 0913

WMA 3: Crocodile (West) and Marico Major rivers include the Crocodile (West) and Marico Tertiary drainage regions A10, A21 to A24, A31, A32 and quaternary drainage region D41A.

MPUMALANGA REGION Contact information Water Management Areas served Acting Regional Chief Director: Mpumalanga Department of Water Affairs and Forestry Private Bag X11259 NELSPRUIT 1200 Tel: (013) 755 1674-7 Fax: (013) 755 1678

WMA 4: Olifants Major rivers include the Elands, Wilge, Steelpoort and Olifants Tertiary drainage regions B11, B12, B20, B31, B32, B41, B42, B51, B52, B60 and B71 to B73. WMA 5: Inkomati Major rivers include the Nwanedzi, Sabie, Crocodile (East) and Komati Primary drainage region X.



GAUTENG REGION Contact information Water Management Areas served Acting Regional Chief Director: Gauteng Department of Water Affairs and Forestry Private Bag X995 PRETORIA 0001 Tel: (012) 392 1301 Fax: (012) 392 1304

WMA 8: Upper Vaal Major rivers include the Wilge, Liebenbergsvlei, Mooi and Vaal Tertiary drainage regions C11 to C13, C21 to C23, and C81 to C83.

KWAZULU-NATAL REGION Contact information Water Management Areas served Acting Regional Chief Director: Water Resource Management (Kwazulu-Natal) Department of Water Affairs and Forestry Tel: (031) 336-2700 Fax: (031) 307-7279

WMA 6: Usutu to Mhlatuze Major rivers include the Usutu, Pongola, Mhlatuze, Mfolozi and Mkuze Primary drainage region W. WMA 7: Thukela Major river is the Thukela Primary drainage region V. WMA 11: Mvoti to Umzimkulu Major rivers include the Mvoti, Umgeni, Umkomazi and Umzimkulu Primary drainage region U and tertiary drainage regions T40, T51 and T52.

FREE STATE REGION Contact information Water Management Areas served Acting Regional Chief Director: Free State Department of Water Affairs and Forestry PO Box 528 BLOEMFONTEIN 9300 Tel: (051) 405 9000 Fax: (051) 430 8146

WMA 9: Middle Vaal Major rivers include the Vet and Vaal Tertiary drainage regions C24, C25, C41 to C43, C60 and C70. WMA 13: Upper Orange Major rivers include the Modder, Riet, Caledon and Orange Tertiary drainage regions C51, C52, D11 to D18, D21 to D24, D31, D32, D34 and D35.



NORTHERN CAPE REGION Contact information Water Management Areas served Acting Regional Chief Director: Northern Cape Department of Water Affairs and Forestry Private Bag X6101 KIMBERLEY 8300 Tel: (053) 831 4125 Fax: (053) 831 568

WMA 10: Lower Vaal Major rivers include the Harts, Molopo and Vaal Tertiary drainage regions C31 to C33, C91, C92 (excluding quaternary catchment C92C), D41 (excluding quaternary catchment D41A), and quaternary catchments D73A and portions of D42C, D42D, D73B, D73C, D73D and D73E. The western boundary of this area runs from the confluence of the Kuruman River with the Molopo River along the watershed between quaternary catchments D42C and D42D until it meets the boundary of the Kalahari East Water Board. The Water Management Area boundary then follows this Water Board boundary to a point, west of the Langberge, 19 kilometres west of Beeshoek, near Postmasburg. The Water Management Area boundary then runs South East to meet the watershed between quaternary catchments D73A and D73B. The boundary then follows this watershed, and that between D73A and D71B, until it meets the watershed of tertiary catchment C92. WMA 14: Lower Orange Major rivers include the Ongers, Hartbees and Orange Primary drainage region F (excluding tertiary drainage region F60), tertiary drainage regions D33, D42 (excluding portions of quaternary catchments D42C and D42D), D51 to D58, D61, D62, D71 to D73 (excluding quaternary catchment D73A and portions of D73B, D73C, D73D and D73E), D81, D82, and quaternary catchment C92C.



EASTERN CAPE REGION Contact information Water Management Areas served Acting Regional Chief Director: Water Resource Management (Eastern Cape) Department of Water Affairs and Forestry Private Bag X68 CRADOCK 5880 Tel: (043) 604 5403 Fax: (043) 604 5595

WMA 12: Mzimvubu to Keiskamma Major rivers include the Mzimvubu, Mtata, Mbashe, Buffalo, Nahoon, Groot Kei and Keiskamma Primary drainage regions R and S, and also tertiary drainage regions T11 to T13, T20, T31 to T36, T60, T70, T80 and T90. WMA 15: Fish to Tsitsikamma Major rivers include the Fish, Kowie, Boesmans, Sundays, Gamtoos, Kromme, Tsitsikamma and Groot Primary drainage regions L, M, N, P, Q and tertiary drainage regions K80 and K90.



WESTERN CAPE REGION Contact information Water Management Areas served Acting Regional Chief Director: Western Cape Department of Water Affairs and Forestry Private Bag X16 SANLAMHOF 7532 Tel: (021) 950 7100 Fax: (021) 946 366

WMA 16: Gouritz Major rivers include the Gouritz, Olifants, Kamanassie, Gamka, Buffels, Touws, Goukou and Duiwenhoks Primary drainage region J and tertiary drainage regions H80, H90, K10 to K70. WMA 17: Olifants/Doorn Major rivers include the Olifants, Doorn, Krom, Sand, and Sout Primary drainage region E and tertiary drainage regions G30 and F60. WMA 18: Breede Major rivers include the Breede, Sonderend, Sout, Bot and Palmiet Tertiary drainage regions G40 (excluding quaternary catchment G40A), G50, and H10 to H70. WMA 19: Berg Major rivers include the Berg, Diep and Steenbras Tertiary drainage regions G10, G21, and G22 and quaternary catchment G40A with the northern boundary following the watershed between tertiary drainage regions G10 and G30 up to the town of Aurora. From Aurora the boundary runs directly to the coast in a westerly direction.



APPENDIX F

WATER USE AUTHORISATION PROCESS

APPENDIX F.1: PROCESS FLOWCHARTS (PAGE 74 – PAGE 76)



WATER USE LICENSING PROCESS - LEVEL 0 [VALUE CHAIN]Assessment,

Evaluation and InputsNeeds determination Informationgathering

Wat

erTr

ibun

al

DW

AF

Nat

.Te

chni

cal &

Lega

lR

evie

wer

s

Res

ourc

eD

irect

edM

easu

res

DW

AF

Reg

iona

lO

ffici

alO

ther

Gov

t.D

epts

App

lican

t

A0

1a. Preparelicense

application

A0

Makeenquiry

A0

Holddiscussions

(with applicant)

A0

1c. Receivecompletedapplication

A0

PrepareReserve

determination

A0

Determine needfor other relevant

authorisations

A0

11, 23 & 24Communicate

decision

A0

Give technicaland legal input

A0

Need to applyfor license (e.gcumpolsory)

Licenselegally

required?

A0

2c. Receivedetermined

reservesA0

2a. RequestReserve

determination

A0

4. Givetechnical and

legal input

A0

InternalAssessment

A0

6. Submitcomments

A0

1b. Submit completedapplication withsupporting docs

InformApplicant

A0

Appealdecision

A0

Start Water Use(if licenseissued)

A0

2b. SubmitReserve

determination

Decision andAppeal

Roleplayers

Yes

No

A0

Prepare otherrelevant

authorisations



Denotes the number of working days it should take to complete the task

WATER USE LICENSING WORKFLOW AT DWAF REGIONS - LEVEL 1 [PROCESS ACTIVITIES]R

egio

nal /

CM

AA

dmin

RD

MN

O T

ech.

& L

egal

Rev

iew

ers

Reg

iona

l / C

MA

WU

LAA

C

Oth

erG

ovt.

Dep

ts.

Reg

iona

l /C

MA

Tech

nica

lA

pplic

ant

1. Submitapplication

3a. Receive and registerapplication on tracking

system

Documentscomplete?

4a. Distributeapplication with

determined reserve forTechnical review &

comments

Other Govt.Dept’s input?

6b. Review andsubmit comments

No

No

6a. Requestother

Departments’input

5a. Consider and collatecomments by technical

reviewers and otherGovt. Depts.

8a. Informationrequirements

Delegated toRegion / CMA?

No

12. Forwardapplication toNational Office

(NO)

11a. Send license to applicant,register on WARMS and submitcopies and documents to NO

License Admin

11b. Send letter of “not issued”toapplicant

11c. Send copy of applicant’s letter andlicense application documents to License

Admin at NO for record keeping

Yes

Infosufficient?

Issuelicense ?

Infocritical?No

Yes

9. Sourceadditional

information

Yes

Changeconditions?

No

No

5b. Prepare RORand draft license (ifrecommendation is

to issue)

4b. Give technicaland legal input

2. Submitreserve

determination

No Yes

Yes

Yes

3b. Schedule applicationfor meeting

Yes

8b. Makerecommendations

10. Delegatedofficial signs

license / letter ofdecision

1

1 11

5 1 10 10

60

60

5

7. Hold meetingRegular intervals

n



WATER USE LICENSING WORKFLOW AT NATIONAL OFFICE - LEVEL 1 [PROCESS ACTIVITIES]N

O C

D: W

U/

Del

eg. A

uth.

Nat

iona

lW

ULL

AC

Polic

y an

dC

onsi

sten

cyR

evie

wer

s

Reg

. Off.

(RO

) / C

MA

NO

Lic

ense

Adm

inLe

adD

irect

orat

e

Yes

Documentscomplete?

14. Distributeapplication

15. Reviewapplication andprepare inputs

13a. Checkapplication and

check forcompleteness

16a. Considerinputs and confirm

ROR

No

21a (ii) Provide additionalinfo (sourced from

applicant, if necessary)

23b. Sendlicense toapplicant

23c. Register onWARMS, file applicationdocuments and copy of

license

19. Sourceadditional

information fromRO / CMA

No

Yes

No

Yes

Infocritical?

21a. Informationrequirements

21b. Makerecommendation

24a. Send letterof ‘not issued’ toRO and copy to

Lead Dir.

16b. Finalise ROR andfinal draft license (if

recommendation is toissue)

Infosufficient?

Changeconditions

Yes

No

23a. Send licenseto RO and copy

to Lead Dir.

24b. Send letterof ‘not issued’ to

applicant12. Forward application and/

or additional info toNational Office (NO)

Issuelicense ?

Yes

22b. Delegated officialsigns letter of decision

[not issue license]

No

22a. Delegatedofficial signs

license

17. Consult with RO onproposed changes to

decision and conditions

18. Confirm changes todecision and license

conditions (if applicable)

13b. Scheduleapplication for

meeting

1

5

11

1

5

5

1 1

5 5

55

10

20. Hold meetingRegular intervals



APPENDIX F.2: PROCESS DETAIL

Phase 1: Needs determination Step 1: Submission of application (Applicant) This process may be triggered as follows: a) The applicant identifies the need to apply for a water use authorisation and

approaches DWAF for guidance, or b) Compulsory licensing is called for. The DWAF Regional Official in pre-consultation with the applicant:

• Confirms if there is a need for authorisation or not • Identifies the type of authorisation required (i.e. General Authorisation, water use

licence, or the possibility to dispense with the requirements of a licence) • May request input from national technical and legal advisors • Provides guidance to the applicant in terms of the information required for the

assessment and evaluation of the application, and in terms of the process that will be followed by DWAF, and

• Informs the applicant of other possible authorisations required from other government departments

Where existing co-operative initiatives and/or forums exist, such as the forestry LAACs, the peat mining groups, wetland forums, etc., their input will be requested by the Regional Office/CMA. The applicant is responsible for approaching the relevant government departments for the other authorisations required. If a water use licence is required, the second stage is entered. (Applications to dispense with the requirements of a licence in terms of section 22(3) of the NWA will follow the same process with shorter timeframes). Phase 2: Information gathering Step 1 continued. Step 1a: Following pre-consultation between the Regional Office technical staff and the applicant, the applicant prepares the application by:

• Completing and signing the application forms • Drafting a motivation, and compiling information in support of the application

Concurrently, the applicant will apply for other relevant authorisations if required. Should other authorisations apply to the proposed activity, the relevant government departments should also prepare their authorisations for input to the applicant’s water use licence application. Step 1b: The above water use licence application and supporting documents are submitted to the Regional Office/CMA administration. Step 2: Reserve determination (Directorate: RDM)



Step 2a: The Regional Official requests a Reserve determination which is prepared by the Directorate: RDM. Phase 3: Assessment, evaluation and inputs Step 2 continued. Step 2b and c: The Directorate: RDM submits the Reserve determination to the Regional/CMA Technical Official. Step 3: Receipt and checking of application (Regional/CMA administration) [Maximum timeframe for Step 3 is one (1) day] Step 3a: The applicant submits the water use licence application to the Regional Office/CMA administration, who receives the application and checks for the following:

• Completed and signed application forms • Supporting documentation as per check lists • Payment of the application fee

If the application is lacking supporting documents, it is not accepted and is returned to the applicant by the Regional WARMS Official with an explanation of what information and/or documents are outstanding. If all the listed documents are submitted, the application is registered on the tracking system and passed on to the relevant Regional/CMA Official for processing. Step 3b: Once the application is accepted, it is scheduled for the next Regional/CMA WUAAAC meeting. The Regional Manager delegates responsibility for processing the licence application to the responsible Regional Office Official. Step 4: Distribution of application by Regional/CMA Official and review by DWAF

technical and legal reviewers (responsible Regional Office Official) Step 4a: Distribution of application with determined Reserve to DWAF officials for technical review and comments (concurrent with Step 6a). [Maximum timeframe for Step 4a is five (5) days] The responsible Regional Office Official distributes the relevant documents supporting the application to technical and legal experts from the Regional Office, as well as from the National Office where necessary. If input is required from other government departments, the request for review is sent to them at this time (this request is indicated as Step 6a in the flow diagram). Step 4b: Review of application by DWAF technical and legal reviewers (concurrent with Step 6b). [Maximum timeframe for Step 4b is sixty (60) days] The DWAF technical and legal reviewers receive and review the application.



Comments, draft proposed licence conditions (if any are recommended), and input to the Record of Recommendation is prepared by each reviewer, and submitted in writing to the responsible Regional Official. Any concerns raised by the reviewers would be discussed with the responsible Regional Official. A section 27 evaluation of the application is completed by the responsible Regional Official as part of this step in the process. Integrated licences, or licences where inputs from other DWAF Directorates and/or other government departments are required, will route to Step 5. Step 5: Prepare Record of Recommendation and draft licence (if recommended)

(responsible Regional Official) Step 5a: The responsible Regional Official considers and collates the comments received from DWAF technical and legal reviewers (Step 4b), as well as from other government departments (Step 6b). [Maximum timeframe for Step 5a is ten (10) days] Step 5b: The written comments and input generated in Step 4 and Step 6 are used to prepare the Record of Recommendation and a draft water use licence if the recommendation is to issue a licence. The draft Record of Recommendation and licence should be distributed to all reviewers for comment before the WUAAAC meeting. [Maximum timeframe for Step 5b is ten (10) days] Step 6: Distribution of application and review by other government departments Step 6a: Concurrently with Step 4a, the responsible Regional Official distributes the application, together with the supporting relevant documents, for technical review and comments to other government departments. [Maximum timeframe for Step 6a is five (5) days] Step 6b: Other government departments review the application. [Maximum timeframe for Step 6b is sixty (60) days] Concurrently with Step 4b, the government departments requested for input in Step 6a will also review the application and submit written comments and inputs to the responsible Regional Official within the same timeframe. Integrated licences or where inputs from other departments are received will route to Step 5. Step 7: Regional/CMA WUAAAC meeting [Maximum timeframe for Step 7 is one (1) day] Regional/CMA WUAAAC meetings will be scheduled by the Regional Office/CMA administration (Step 3b) to discuss and debate the technical detail of each application. The standard agenda to be used at Regional/CMA WUAAAC meeting is attached as Appendix F.3. Step 8: Information requirements and Recommendations Step 8a: The information requirements for a final licence application report are detailed in the checklist as contained in Appendix D



Step 8b: The Regional/CMA WUAAAC makes recommendations: The outcome of the meeting will be one of the following decisions, which will be captured in a signed Record of Recommendation for each application:

1. The application is refused based on "operating rules" (fatal flaws) and policy constraints (Step 8b). A refused application will result in:

a) A directive to be issued b) Other intervention required (i.e. letter to applicant) (to Step 10 or Step 12

depending on delegations)

2. The application is referred back to the applicant due to a lack of critical information (existing water use) (Step 8a) (to Step 9).

3. Although the information is not adequate, the application is recommended on condition that certain non-critical information requirements are met within specified timeframes (existing water use) (Step 8b). The authorisation will be issued for a limited time period (to Step 10 or Step 12 depending on delegations).

4. The application is referred back to applicant due to a lack of information (new water use) (Step 8a) (to Step 9).

5. The application is recommended for finalisation and issuing, based on adequacy of supporting information (Step 8b) (to Step 10 or Step 12 depending on delegations).

6. Despite adequate supporting information, the application is referred back to the drafter for improvement of licence conditions (Step 8b) (to Step 5b).

If the draft licence needs to be amended following from the outcome of the WUAAAC, the application is returned to the responsible Regional Official (Step 5b) for additional work before re-entering the process at Step 7. The amended application must be resubmitted for discussion at the next Regional Office/CMA WUAAAC meeting. The decision taken will determine the next step in the process, as indicated in brackets. Delegations to Regional Office/CMA will continue to Step 10. Step 9: Additional information required If additional information is required from the applicant, the responsible Regional Official must obtain the information from the applicant and either forward it to the relevant reviewer (Step 4b) or update the draft licence based on the additional information, to re-enter the process at Step 5b. Non-delegated applications will continue to Step 12. Phase 4: Decision and appeal for Regional Office/CMA delegated applications Step 10: Delegated Regional/CMA official signs licence/letter of decision [Maximum timeframe for Step 10 is five (5) days] If the signing of licences is delegated to the Regional Office/CMA, the delegated person will apply his/her mind and make the final decision to issue or not to issue the licence. Step 11: Record keeping [Maximum timeframe for Step 11 is one (1) day] The Regional Office/CMA administration sends the signed licence to the applicant, registers it on WARMS, and submits a copy of the signed licence or letter together with the supporting documents (Record of Recommendation) to Licence Administration at the National Office for record-keeping purposes, and to the National WUAAAC to note the decision.

OR



The Regional/CMA administration sends the signed letter of “not issued” to the applicant (including details of the process for appeal). A copy of applicant’s letters and licence application documentation are sent to Licence Administration at the National Office for record-keeping purposes and to the National WUAAAC to note the decision (this step is included for tracking purposes). End of process for Regional Office/CMA delegated applications. Phase 5: Assessment, evaluation and inputs continues for non-delegated applications Step 12: Forward application to National Office (Regional/CMA administration) [Maximum timeframe for Step 12 is one (1) day] The responsible Regional Official forwards the application to Licence Administration at National Office. Step 13: Recommendations for water use licence applications not delegated to the

Regional Office/CMA are received (Licence Administration National Office) [Maximum timeframe for Step 13 is one (1) day] National Office authorisation administration officials check the application for completeness:

• If the application is not complete, the National Office authorisation administration official sources the additional information from the Regional Office/CMA (to Step 19), who may approach the applicant for additional information if necessary (to Step 21a (ii)).

• If complete, the application is recorded on the tracking system and forwarded to the appropriate lead Directorate in terms of the required water use.

National Office authorisation administration officials schedule the application to be tabled at a National WUAAAC meeting. Step 14: The lead Directorate receives and distributes the application [Maximum timeframe for Step 14 is five (5) days] The selected lead Directorate receives the application and distributes it for review to any other relevant Directorates not previously consulted. Step 15: Other Directorates receive and review the application [Maximum timeframe for Step 15 is ten (10) days] This review should only be from a policy, legal, and consistency perspective, and should not repeat the work done in Step 4b. Step 16: Confirmation and finalisation of licence and Record of Recommendation [Maximum timeframe for Step 16 is ten (10) days] Step 16a: The lead Directorate considers the input from the reviewers and confirms the Record of Recommendation and draft licence conditions (if the recommendation is to issue) [5 days]. Step 16b: The lead Directorate finalises the Record of Recommendation and the draft licence (if the recommendation is to issue) in consultation with the Regional Office/CMA to include any proposed amendments to the Record of Recommendation and the draft licence conditions. Step 17: Consultation with Regional Office/CMA [Maximum timeframe for Step 17 is five (5) days running concurrently with Step 18]



The lead Directorate consults with the Regional Office/CMA regarding any changes. If no comments are received from the Region, or if the received comments confirm the Record of Recommendation without additions, the application and documentation should be forwarded directly to Step 20. Step 18: Confirmation of changes [Maximum timeframe for Step 18 is five (5) days running concurrently with Step 17] The Regional Office/CMA is informed of proposed changes and has the opportunity to provide inputs in response to the changes. Step 19: Source additional information from Regional Office/CMA If the documents received by National Office Licence Administration are incomplete, the Regional Office/CMA is approached for additional information (to Step 21a(ii) or Step 12). Step 20: National WUAAAC meeting [Maximum timeframe for Step 20 is one (1) day] National WUAAAC meetings will be scheduled by National Office Licence Administration (Step 13b). The Standard Agenda to be used at this meeting is attached in Appendix F.4. Step 21a: Information requirements The information requirements are detailed in the checklist in Appendix D Step 21b: Make recommendations The outcome of the National WUAAAC meeting will be one of the following decisions, which will be captured in a signed Record of Recommendation for each application:

1. The application is refused based on "operating rules" (fatal flaws) and policy constraints (Step 21b). A refused application will result in: a) A directive to be issued b) Other intervention required (i.e. letter to applicant). (to Step 22)

2. The application is referred back to the applicant due to a lack of critical information (existing water use) (Step 21a). (to Step 19)

3. Although the information is not adequate, the application is recommended on condition that certain non-critical information requirements are met within specified timeframes (existing water use) (Step 21b). The authorisation will be issued for a limited time period. (to Step 22)

4. The application is referred back to applicant due to a lack of information (new water use)(Step 21a(i)). (to Step 19)

5. The application is recommended for finalisation and issuing, based on adequacy of supporting information (Step 21b). (to Step 22)

6. Despite adequate supporting information, the application is referred back to the drafter for improvement of licence conditions (Step 21b). (to Step 17)

If the draft licence needs to be amended following from the outcome of the National WUAAAC, the application is returned to the responsible Regional Official (Step 5b) for additional work before re-entering the process at Step 7. The amended application must be resubmitted for discussion at the next Regional Office/CMA WUAAAC meeting. The decision taken will determine the next step in the process as indicated in brackets. National WUAAAC makes recommendations regarding the issuing of water use licence application.

• If the recommendation is to issue the water use licence with changes, the application is forwarded to the lead Directorate official for editing. Any changes must be made in consultation with the Regional Office/CMA (to Step 17). Once updated, the application returns to the process at Step 20, at the next meeting.



• If the recommendation is to issue the water use licence without changes, it is forwarded to the delegated official (Step 22).

• If the recommendation is not to issue the licence, the application is forwarded to the delegated official (Step 22).

Phase 6: Decision and appeal for non-delegated applications Step 22: Decision-making [Maximum timeframe for Step 22 is five (5) days] The recommendation from the National WUAAAC is received by the CD: WU (delegated official). The CD: WU applies his/her mind and makes the final decision on the issuing/non-issuing of the licence. Step 22a: Delegated official signs licence (to Step 23).

OR Step 22b: Delegated official signs a letter of decision not to issue a licence (to Step 24). Step 23: Record keeping for issued licences [Maximum timeframe for Step 23 is two (2) days] Step 23a: Should the delegated official authorise the water use through a licence, the National Office Licence Administration will send the licence to the Regional Office/CMA and provide the lead Directorate with a copy. Licence Administration will also register the licence on WARMS, and file the application documents and a copy of the licence with Registry [1 day]. Step 23b: Upon receipt of the licence, the Regional Office/CMA will send the licence to the applicant [1 day]. End of process for non-delegated approved licences. Step 24: Record keeping for declined water use licence applications [Maximum timeframe for Step 24 is two (2) days] Step 24a: Should the delegated official decline the water use licence application and sign the letter of “not issued”, the National Office Licence Administration forwards this letter to the Regional Office/CMA and provides a copy to the Lead Directorate [1 day]. Step 24b: Upon receipt of the letter of “not issued”, the Regional Office/CMA sends the letter of “not issued” to the applicant together with the details of the associated appeal process [1 day]. End of process for non-delegated declined licences.



APPENDIX F.3

PROFORMA AGENDA FOR REGIONAL OFFICE OR CMA WUAAAC MEETING

REGIONAL/CLUSTER WATER USE AUTHORISATION ASSESSMENT ADVISORY

COMMITTEE

(Date)…… at … (Time)………. in … (Venue)

DRAFT AGENDA

1 OPENING AND WELCOME 2 ATTENDANCE AND APOLOGIES

3 FINALISATION AND APPROVAL OF AGENDA

4 APPROVAL OF MINUTES

5 MATTERS ARISING

[Authorisations referred back to drafter for improvements of licence conditions]

6 DELEGATED WATER USE AUTHORISATIONS – APPLICATIONS TO BE DISCUSSED 6.1 6.2 6.3

7 NON-DELEGATED WATER USE AUTHORISATIONS - RECORD OF

RECOMMENDATIONS TO BE DISCUSSED AND FORWARDED TO NATIONAL OFFICE FOR AUTHORISATION 7.1 7.2 7.3

8 ASPECTS TO BE REFERRED TO NATIONAL OFFICE FOR CLARIFICATION 8.1 8.2 8.3

9 AUTHORISATIONS TO BE DISCUSSED AT NEXT MEETING 10 DATE OF NEXT MEETING

11 CLOSURE

ATTACHMENTS TO THE DRAFT AGENDA

• Record of Decisions • Record of Administration



Record of Decisions: Actions Action Date Responsibility List of water use licence applications recommended for authorisation/refusal (as per delegations) To delegated official to be signed

[5 days after meeting as per process]

Delegated Official

Water use licence applications considered for authorisation by Delegated Authority (National Office). Record of Recommendations to be amended

To be resubmitted at next Regional/WUAAAC meeting

Responsible Regional/CMA Official

List of water use licence applications considered for authorisation by Delegated Authority (National Office). Record of Recommendations and relevant documentation to be forwarded to National Office

[one day after meeting as per process]

Regional/CMA Administration

Aspects referred to National Office

Record of Administration: Actions Action Date Responsibility Submit list of water use licence applications authorised/declined (those delegated to Regional Office/CMA) for tracking to National Office Licence Administration and placement on agenda of National WUAAAC for information purposes -

For next National WUAAAC Meeting

Regional/CMA Administration



APPENDIX F.4

PROFORMA AGENDA FOR NATIONAL WUAAAC MEETING

NATIONAL WATER USE AUTHORISATION ASSESSMENT ADVISORY COMMITTEE MEETING

(Date)…… at … (Time)………. in … Venue

DRAFT AGENDA

1 OPENING AND WELCOME 2 ATTENDANCE AND APOLOGIES 3 FINALISATION AND APPROVAL OF AGENDA 4 APPROVAL OF MINUTES 5 MATTERS ARISING 6 REGIONAL/CMA DELEGATED WATER USE AUTHORISATIONS ISSUED 7 NON-DELEGATED WATER USE AUTHORISATIONS FOR FINALISATION

7.1 Abstraction and Storage 7.2 Impeding, diverting or altering a watercourse 7.3 Stream Flow Reduction Activities 7.4 Mining 7.5 Sewage Treatment Works 7.6 Industries 7.7 Agriculture 7.8 Recreation 7.9 Co-operative authorisation with other departments

7.9.1 Waste disposal facilities 7.9.2 Sea outfall pipelines 7.9.3 Peat mining 7.9.4 Section 22(3) Dispensing with the requirements of a water use

licence 8 IMPLEMENTATION

8.1 Report on departmental roll-out 8.2 Delegations 8.3 Training and Capacity Building

9 WATER USE AUTHORISATION POLICY AND PROCESS ISSUES 9.1 Aspects referred by Regional Office/CMA 9.2 Operating rules and policy issues 9.3 Generic guidelines format 9.4 Standard licence format 9.5 Tracking 9.6 Internal process (administration, standard documents) 9.7 External process

10 GENERAL 11 DATE OF NEXT MEETING 12 CLOSURE



ATTACHMENTS TO THE DRAFT AGENDA

• Record of Decisions • Record of Administration

Record of Decisions: Actions Action Date Responsibility Regional/CMA delegated water use licence applications authorised/refused noted

List of water use licence applications recommended for authorisation/refusal to delegated authority (CD:WU) To delegated official for decision making

[5 days after meeting as per process]

Delegated Official

Water use licence applications considered for authorisation/refusal by Delegated Authority (National Office). Documentation to be amended

To be resubmitted at next National WUAAAC meeting

Lead Directorate

Aspects referred from Regional/CMA Official

Record of Administration: Actions Action Date Responsibility

CHECKLIST AND STANDARDISED FORMAT FOR LICENCE APPLICATIONS SUBMITTED TO THE NATIONAL WUAAAC MEETING Each application and supporting documentation must as far as possible be bound together containing the following documentation in the order as indicated:

Required Documentation: Included Yes/ No

1. A short Memo (1 page) to the Chief Director: Water Use outlining the background to the application.

2. DWAF Record of Recommendation signed by the relevant Director(s) giving reasons for decisions taken

3. A hard copy of the Recommended authorisation as well as an electronic copy on disc

4. Record of Decision from DEAT (if applicable) 5. Checklist for Section 27 evaluation



6. Copy of the relevant Reserve obtained from RDM – All Reserves must be for the correct river reach and signed by the DG of DWAF in order to be valid

7. Licence Application forms 8. Copy of the receipt for the licence application fees 9. Short licence application report motivating the application 10. Copy of all relevant previous authorisations 11. Comments by other Directorates, e.g. Legal Services 12. *Availability of any other relevant documents to which the licence

application refers and which is therefore part of the licence application (Technical report, specialist report, EMPR, EIA report, drawings, etc.)

*There is no need to submit supporting technical documentation to the WUAAAC but should be available to internal reviewers to verify any matter raised during the meeting.



Determine mineral mined/processedand saleable by-products

Determine primary mine hazard class(based on mineral mined/processed)

Determine sensitivity of waterresource

Determine mine risk

Mine Hazard Class Sensitivity of thewater resource

Amend primary mine hazard classif required

(based on saleable by-products)

Ecological Importance andSensitivity (EIS)

Present Ecological State(PES)Determine current water

resource Management Classfor the catchment/quarternary Basic human needs

User requirementsDetermine future water

resource Management Class

Determine managementmeasures to be employed in

the catchment

APPENDIX G

PROTOCOL FOR THE CATEGORISATION OF RISKS

1 PROCESS DIAGRAM The protocol to be followed for risk categorisation is outlined in Figures 1 and 2 below for the sectors of mining and other sectors such as agriculture, industry and dense settlements. In brief it entails the determination of the hazard class as well as the sensitivity of the water resource. 1.1 Mining

Figure 1: Process flow diagram: Mining



Determine sector activity hazard class

Determine sensitivity of waterresource

Determine sector activity risk

Sector Activity Hazard Class

Sensitivity of thewater resource

Ecological Importance andSensitivity (EIS)

Present Ecological State(PES)Determine current water

resource Management Classfor the catchment/quarternary Basic human needs

User requirementsDetermine future water

resource Management Class

Determine managementmeasures to be employed in

the catchment

1.2 Other sectors

Figure 2: Process flow diagram: Other sectors 2 PROCEDURAL GUIDELINE 2.1 Mining sector 2.1.1 Determine mineral mined/processed and saleable by-product The applicant identifies the type of mineral mined/processed (from Table 1.1 or Table 1.2) and the major saleable by-products in the process. 2.1.2 Determine mine hazard class The primary mine hazard class is determined from either Table 1.1 (for the type of mineral mined/processed) or Table 2 (for minerals related to quarrying). The primary hazard class can be adapted upwards based on the nature of saleable mineral by-products as reflected in Table 3. The steps involved are thus as follows:

• Identify the primary mine hazard class based on either the type of mineral mined/processed (Table 1.1) or the mineral related to quarrying (Table 1.2),

• Identify what saleable by-products (if any) are produced, using Table 1.3 as a guide, and

• Adapt the primary risk class (if required) based on the above.



Table 1.1: Primary hazard class for type of mineral mined/processed

Primary hazard class Large mine Small mine

Mineral Ore

Size: large if > than (tpm)

Mine and Mine waste

Mine, mine

waste, plant and

plant waste

Mine and Mine waste

Mine, mine

waste, plant and

plant waste

Prospecting (all minerals) C C C C

Antimony 1000 A A C C Asbestos 0 A A A A

Sulphide 10 000 A A C A Base metals (Copper, Cadmium, Cobalt, Iron ore, Molybdenum, Nickel, Tin, Vanadium)

Oxide 10 000 C A C A

Coal 0 A A A A Chrome 10 000 C A C C Diamonds and precious stones 10 000 C B C C

Gold, silver, uranium 10 000 A A A A Phosphate 10 000 C B C C Platinum 10 000 C B C B Magnesium 10 000 C B C C Manganese 10 000 C B C C Mineral sands (Ilmenite, Titanium, Rutile, Zircon) 10 000 C B C C

Zinc and Lead 10 000 C A C A Industrial Minerals (Andalusite, Barite, Bauxite, Cryolite, Fluorspar)

10 000 C C C C

NOTE: Underground mines have a minimum risk ranking of B (Medium risk). Table 1.2: Primary hazard class for minerals related to quarrying

Mineral type

Primary risk class Mineral type Primary

risk class Mineral type Primary risk class

Attapulgite (Special clays)

C Bentonite (Special clays) C Calcite C

Calcrete C CaC03 C Cement limestone B

Clays C Diatomaceous Earth C Dolomite C

Dolerite C Feldspar C Fullers Earth C Granite B Graphite C Kaolin C

Kyanite C Lime (Produced from limestone) C Limestone B

Mica C Mineral Aggregates C Montmorillonite C

Norite C Phosphate C Pumice C



Mineral type

Primary risk class Mineral type Primary

risk class Mineral type Primary risk class

(Dimension stone)

Rock

Pyrophyllite C Quartz C Quartzite C Quartzite

(Dimension Stone and abrasive)

C Rare earths C Salt C

Sand and Gravel C Shale C

Siltstone (Dimension

Stone) C

Siltstone Fines C Silica C Slate B

Soil C Talc C Vermiculite C Table 1.3: Adapting primary hazard class based on the nature of saleable by-

products

Mineral Impact on primary

risk class Mineral

Impact on primary

risk class Mineral

Impact on

primary risk class

Ammonia-silicates N/A Iodine N/A Selenium Risk class C and B

to A

Arsenic Risk class C and B to

A Kyanite

No additional

impact Silicon N/A

Beryllium N/A Lithium N/A Sillmanite No

additional impact

Bismuth N/A Magnesite No

additional impact

Slag N/A

Boron N/A Magnesium N/A Soda ash N/A

Bromine N/A Manganese N/A Sodium suphate N/A

Caustic Soda Cesium (Natural non-radioactive)

N/A Mercury Risk class C and B to

A

Sodium (metal) N/A

Chrome Risk class C and B to

A Monazite Risk class

C to B Stainless steel (Ferrochrome) N/A

Ferrochrome N/A Natural gas N/A Strontium N/A

Ferromanganese N/A Niobium Risk class C to B Sulphur Risk class

C to B

Ferrovandium N/A Nitrate N/A Sulphuric acid No

additional impact

Ferrosilicon N/A Oil Risk class C to B Tantalite N/A

Fluorine Risk class C and B to

A

Petroleum crude N/A Tantalum N/A

Fluorocarbons N/A Phlogopite No

additional impact

Tellurium No

additional impact



Mineral Impact on primary

risk class Mineral

Impact on primary

risk class Mineral

Impact on

primary risk class

Fly Ash N/A Phosphoric acid N/A Thallium

No additional

impact

Gallium N/A Phosphorous N/A Tungsten (Scheelite) N/A

Germanium N/A Potassum

(non-metallic form)

N/A Wollastonite No

additional impact

Glass N/A Potash (KOH)

No additional

impact Wonderstone N/A

Gypsum No

additional impact

Pyrochlore N/A Yttrium N/A

Halogens N/A Pyrite Risk class C and B to

A Zeolite N/A

Hydrocarbon fuels N/A Rhenium No

additional impact

Zirconium N/A

Hydrofluoric acid N/A Rubidium No

additional impact

Iceland spar No

additional impact

Scandium N/A

Indium N/A Scheelite No

additional impact

2.2 Other sectors 2.2.1 Determine sector activity hazard class The hazard class for the different sector activities is determined for the different sectors from the following tables:

Table 2: Agriculture Table 3: Industry Table 4: National Infrastructure Table 5: Settlements: Rural and Dense Table 6: Settlements: Urban



Table 2: Hazard class for other sectors: Agriculture

Sector Class Threat level Subsector Activities Threshold level

Livestock intensive operations

Feedlots that are intended to accommodate in a confined area and rear or fatten (wholly or substantially) on prepared or manufactured feed: 1. Piggeries 2. Poultry 3. Dairies 4. Saleyards

> 1000 head of cattle > 4000 sheep > 400 horses > 2000 pigs or 200 breeding sows > 250 000 birds > 800 animals in milk production > 50 000 cattle/year > 200 000 animals of any type

Agriculture Class A

High

Livestock processing industries

1. Slaughter animals (including poultry)

2. Manufacture products derived from the slaughter of animals including tanneries or fellmongeries or rendering or fat extraction plants.

3. Scour, top or carbonise greasy wool or fleeces with an intended production capacity.

> 3000 kg live weight/day or > 200 tonnes/year > 5 000 tonnes/year of products including hides, adhesives, pet food, gelatine, fertiliser or meat. > 200 tonnes/year

Agriculture Class B

Medium

Agriculture

Industries that process agricultural produce including dairy, seeds, fruit, vegetables or other plant material.

> 30 000 tonnes/year




Aquaculture or marine culture

Commercial production (breeding, hatching, rearing or cultivation) of marine, estuarine or freshwater organisms, including aquatic plants or animals (such as fin fish, crustaceans, molluscs or other aquatic invertebrates) but not including oysters.

> 150 tonnes/day or 30 000 tonnes/year.

Agriculture Class C Low Agriculture

and farming All other farming and agricultural activities

Table 3: Hazard class for other sectors: Industry


Battery industries that manufacture or reprocess batteries containing acid or alkali and metal plates.

> 30 tonnes/year

Paint solvents > 5000 tonnes/year.

Petrochemical industries

> 2000 tonnes/year

Pesticides, fungicides, herbicides, rodenticides, nematocides, miticides, fumigants an related products

>2000 tonnes/year

Pharmaceutical or veterinary products industries that manufacture or use materials classified as toxic

Industry Class A High Chemical industries

Industries that manufacture, blend, recover or use substances classified as explosive, radioactive, or toxic




Industries other than explosives or toxic but chemical


Chemical storage facilities

Store or package chemical substances in containers, bulk storage facilities, stockpiles or dumps with a total storage capacity exceeding:

• 20 tonnes of pressurised gas, or

• 200 tonnes of liquefied gases, or

• 2000 tonnes of any chemical substances.

Drum or container recondition-ing

Packaging containers (including metal, plastic or glass drums, bottles or cylinders) previously used for the transport of storage or substances classified as poisonous or radioactive.

> 100 drums/day unless the works are wholly contained within a building.

Paper, pulp or pulp products industries

Industries that manufacture paper, paper pulp or pulp products.

> 30 000 tonnes/year or > 70 000 tonnes/year of which at least 90% of the raw material used is recycled and no bleaching or de-inking is undertaken.




Petroleum works

1. Refine crude petroleum, shale oil or natural gas, or

2. Manufacture petroleum products (including aviation fuel, petrol, kerosene, mineral turpentine, fuel oils, lubricants, wax, bitumen, liquefied gas and the precursors to petrochemicals, such as acetylene, ethylene, toluene and xylene, or

3. Dispose of oil waste or petroleum waste or process or recover oil waste or petroleum.

> 100 tonnes/year > 20 tonnes/year

Breweries or distilleries

Produce alcohol or alcoholic products.

> 30 tonnes/day or 10 000 tonnes/year.

Cement works

Work involving the production of quicklime including using argillaceous and calcareous materials in the production of cement clinker.

>150 tonnes/day or 30 000 tonnes/year.

Ceramic works

Production of products such as bricks, tiles, pipes, pottery goods, refractories or glass manufactured through a firing process.

> 150 tonnes/day or 30 000 tonnes/ year.

Agricultural fertiliser > 20 000 tonnes/year

Industry Class B Medium

Chemical industries

Carbon black industries

> 5000 tonnes/year




Explosive or pyrotechnics industries that manufacture explosives for purposes including extractive industries and mining uses, ammunition, fireworks or fuel propellants.

Paints, pigments, dyes, printing, inks, industrial polishes, adhesives or sealants.

> 5000 tonnes/year.

Plastic industries that manufacture.

>2000 tonnes/year

Plastic industries that reprocess.

> 5000 tonnes/year

Rubber industries that manufacture.

> 2000 tonnes/year

Rubber industries that retread, recycle or process.

> 5000 tonnes/year

Soap or detergent industries (including domestic, institutional or industrial soaps or detergent industries.

> 100 tonnes/year products containing substances classified as toxic or > 5000 tonnes/year of other products

Concrete works

Produce pre-mixed concrete or concrete products.


Dredging works

Materials obtained from the bed, banks or foreshores of many waters.

> 30 000 m³ per year

Electricity generating works

Including associated water storage, ash and waste management facilities that supply electrical power from energy sources (including coal, gas, bio-material or hydro-electric stations), but not including from solar powered generators.

> 30 megawatts




Extractive industries

Industries that obtain extractive materials by methods including excavating, dredging, blasting, tunnelling or quarrying or that store, stockpile or process extractive materials.

> 30 000 m³/year

Petroleum works

1. Produce, other than in the course of exploratory activities, crude petroleum or shale oil or,

2. Produce natural gas or methane

3. Store petroleum and natural gas product

> 5 petajoules/year a) > 200 tonnes of liquefied gases or b) > 2000 tonnes of any petroleum products

Industry Class C Low Logging operations

1. Cutting and removal of timber (being sawlogs or pulplogs) from a compartment, where:

2. The construction of new access roads within a compartment for cutting and removal of timber or

3. The construction of new access roads for hauling timber from more than one compartment.

a. At least 20% of the compartment has a slope greater than 18° and

b. At least 30 timber stems (at least 40cm in diameter)




Marinas and boat repair facilities

1. Pontoons, jetties, piers or other structures (whether water-based or land-based) designed or utilised to provide moorings or dry storage.

2. Works such as slipways, hoists or facilities for the repair and maintenance of vessels (other than boat repair facilities that are not adjacent to waters)

> 80 vessels (excluding rowing boats, dinghies, or other small craft) > 5 vessels (being vessels other than rowing boats, dinghies or other small craft) or any vessel 25m or longer is handled or capable of being handled at any one time.

or timber milling or processing works

(Other than a joinery, builders’ supply yard or home improvement centre) that saw, machine, mill, chip, pulp or compress timber or wood.

> 6000 m³/year of timber or timber products and burn waste (other than a source of fuel) > 50 000m³/year of timber or timber products

All sub-sectors

All activities covered in the industry sections above

< specified threshhold level

Table 4: Hazard class for other sectors: National infrastructure


National

infra-structure

Class A High Con-taminated land

Legacy operations and establishments that fall within the jurisdiction of the Government following the enactment of the Water Act No 54 of 1956




Railway systems activities

A railway systems activity being any one or more of the following: installation of track; on-site repair of track; on-site maintenance of track; on-site upgrading of track; construction or significant alterations; operation of rolling stock on track.

Class B Medium

Shipping facilities

For loading or unloading, in bulk, agricultural crop products, rock, ores, minerals or chemicals into or from vessels (but not where any material is wholly contained within a shipping container), being wharves or associated facilities.

> 500 tonnes/day or > 50 000 tonnes/year

Class C Low Natural processes

Any natural process, such as salination of aquifers, etc

Table 5: Hazard class for other sectors: Settlements: Rural and dense


Settle-ments Rural/ Dense

Class A High All

Sewage, waste and water supply activities in areas outside designated urban settlements

Table 6: Hazard class for other sectors: Settlements: Urban


Settle-ments Urban

Class A High

Sewage treatment systems

Including the treatment works, pumping stations, sewage overflow structures and the reticulation system.

> 150 megaliters discharge per day




High Hazardous Waste Disposal Facilities (H:H)

Hazardous Waste, as analysed and characterised according to SABS Code 0228, the Basel Convention and Appendix 9.2 “Hazardous Waste Classification Tables”, of the Department of Water Affairs and Forestry’s Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste. Material with a Hazard Rating 1 (extreme risk) or Hazard Rating 2 (high risk) can only be disposed of at a permitted landfill with an H:H classification

Appendix 9.2 of Minimum Requirements details allowable disposal rates for all hazardous waste streams

General Waste Disposal Facilities (G)

Household waste, builders rubble and industrial waste not classified as hazardous. Permitted Disposal Facilities classified according to their size and climatic water balance: • B+ Site

Classification - A leachate management system is a Minimum Requirement

• B- Site Classification – No leachate management system necessary

Size of landfill: • Large (L) –

500 t/day<MRD; B+






< 150 megaliters and > 2 megaliters discharge per day

Low Hazardous Waste Disposal Facilities (H:h)

Classification of waste as per SABS Code 0228, Basil Convention and Minimum Requirements. Material with a Hazard Rating 3 (moderate risk) or Hazard Rating 4 (low risk) disposed at a permitted landfill with a minimum classification of H:h

Appendix 9.2 of Minimum Requirements details allowable disposal rates for all hazardous waste streams

Settle-ments Urban

Class B Medium





Size of landfill: • Small (S) – 25

t/day<MRD<150 t/day; B+

• Medium (M) – 150 t/day<MRD<500 t/day

• Large (L) – 500 t/day<MRD; B-




Composting

And related reprocessing or treatment facilities (including facilities that mulch or ferment organic waste, or that are involved in the preparation of mushroom growing substrate, or in a combination of any such activities).

> 200 tonnes/year of animal waste, food waste, sludge or biosolids > 500 tonnes/year of wood waste, garden waste, or natural fibrous material >receive any organic waste and are located within 500m of any residentially zoned land, or within 250m of a school or hospital or a dwelling not associated with the facility.

Class 1: Urban areas with potable water supplied by designated bulk water supply organisation

Settle-ments Urban

Class B Medium

Water supply Class 2: Urban areas where potable water supply remains the responsibility of the local government organisation

Settle-ments Urban

Class C Low



< 2 megaliters discharge per day (covered by General Authorisations)








Size of landfill: • Communal

(C) – Maximum Rate of Deposition (MRD)<25 t/day

• Small (S) – 25 t/day<MRD<150 t/day; B-

2.3 Determine sensitivity of water resource 2.3.1 Determine current Management Class for the water resource The current Management Class for a water resource is determined from a Catchment Assessment Study and includes the following:

• The categorisation/assessment of the Reserve, including: The ecological component, defined as the Present Ecological State (PES).

This classification is based on the water quantity and quality in the catchment. The PES classes are A (Pristine), B (Natural), C (Good), D (Fair) and E/F (Poor),

The Basic Human Needs component: This is classified as either Ideal (I), Acceptable (A), Tolerable (T) or Unacceptable (U),

• The categorisation/assessment of the user requirements. These are also classified as either Ideal (I), Acceptable (A), Tolerable (T) or Unacceptable (U)

• The Ecological Importance and Sensitivity (EIS): This classification is based on the rarity and sensitivity of species in the catchment. The EIS classes are Very High, High, Moderate and Low.

The PES and EIS for all quaternary catchments in South Africa have been determined by the Department and are contained in table format in RWQO Model version 2. The applicant identifies from these tables the PES and EIS applicable for the quaternary within which the mine is located. 2.3.2 Determine future Management Class for the water resource The future Management Class for the water resource is identified through a visioning process that is undertaken by the Catchment Forum. Possible future Management Classes include:



• Class I: (Special) Protected water resource, • Class II: Protected water resource, • Class III: Good quality water resource, and • Class IV: Acceptable quality water resource

The visioning process is part of the Resource Management Strategy, which is currently being developed. Future Management Classes for quaternaries are therefore not available at present. 2.3.3 Determine management measures to be employed in the catchment A range of management measures will need to be employed to ensure that the water resource attains the desired future class. These management measures are based on the current status of the water resource as well as the vision for the catchment. The management measures will thus vary depending on whether the vision is to improve the Management Class, maintain the Management Class or allow a controlled degradation. In the short-term, with the future Management Class not defined, the precautionary Principle will apply, and the vision for the catchment will be based on ecological criteria, as shown in Table 7. The vision for the catchment will thus be either to improve the ecological class or to maintain the ecological class. Table 7: Management measures in the short-term

Ecological Importance and Sensitivity (EIS) VH H M L

A Pristine A Maintain

A Maintain

A Maintain

A Maintain

B Natural A Improve

A/B Improve

B Maintain

B Maintain

C Good B Improve

B/C Improve

C Maintain

C Maintain

D Fair C Improve

C/D Improve

D Maintain

D Maintain

Present Ecological

State (PES)

E/F Poor D Improve

D/E/F Improve

E/F Maintain

E/F Maintain

In the longer-term, the catchment vision will be based on the current assessment and the future Management Class, as shown in Table 8. Table 8: Management measures in the longer-term

Future desired Management Class I

Special Protected

II Protected

III Good

Quality

IV Acceptable

Quality A Pristine Maintain Maintain N/A N/A

B Natural Maintain Maintain Sustainable use

Sustainable use

C Good Improve Improve Maintain Sustainable use

D Fair Improve Improve Improve Maintain

Present Ecological

State (PES)

E/F Poor Improve Improve Improve Improve



The sensitivity of the water resource is based on the management measures that will be employed to effect the catchment vision. This is illustrated in Table 9 below. Table 9: Sensitivity of the water resource in the mine vicinity

Strategy No. Strategy for the water resource Sensitivity of the water resource

1 Employ management measure with a view to improve the resource class High

2 Employ management measures with a view to maintain the resource class as is Medium

3 Employ management practices with a view to allow controlled degrade of the water resource

Low

The applicant will thus identify the water resource sensitivity, in conjunction with the Departmental Regional office personnel, based on the information in Tables 7, 8, 9. 2.4 Determine sector activity risk The applicant will identify the sector activity risk, based on the information provided in Table 10. The risk is shown to be based on a combination of the hazard and the sensitivity of the water resource. Table 10: Sector activity risk

Water resource sensitivity High Medium Low

A H H M B H M L

Sector activity

hazard class C M L L 2.5 Amending the sector activity risk The sector activity risk identified from Table 10 may be upscaled by the Departmental personnel based on site-specific conditions. 3 DECISION AND APPROVAL It is a departmental requirement that the risk categorisation process be documented as the outcome of the risk assessment will dictate the appropriate mechanism required to regulate the water use (which is based on the nature of the likely risk, and the nature and extent of potential impact on a water resource). Approval must be obtained from the Regional Deputy Director: Water Resource or Quality Management, regarding the confirmation of the sector activity risk and the impact thereof on water resource sensitivity. A copy of the written confirmation, summarised in the format as stated below, must be made available to the applicant. Applicant Name: Name of Applicant: Mine Class Present

ecological state Environmental ecological sensitivity

Approved by Deputy Director: Water Resource Management

Class: State: Sensitivity: Signature: