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Act. The Act requires that anyone abstracting water at a rate in excess of 110 t s·1, or
impounding more than 250 000 m 3 of water, must obtain a permit from the Minister of
Water Affairs and Forestry. These limitations are not absolute. Each riparian owner
accordingly, is not automatically entitled to abstract up to 110 t s·1. The fair share
principle is again applied, since most South African rivers would not have sufficient water
for all irrigators claiming 110 t s·1.
The limits of 110 t s·1 and a storage of 250 000 m 3 are applied (in terms of an
amendment - Section 9B(1 Cl • to the Water Act), to suit local conditions. For example,
in the Mgeni River catchment the limits are currently 25 t s·1 for abstractions and
50000 m 3 storage for dams, above which, permits are required from the Minister. The
opposite may also hold and the limits have been raised in some catchments. The policy
regarding surplus flow abstractions is "first come, first served", assuming that beneficial
use of the water occurs. This principle is applied when considering applications in terms
of Section 9B of the Act. The needs however, of other consumers, future water resources
development, afforestation and the environment must all be assessed.
10.17.3 Use of water by local authorities
Local authorities owning riparian land may also abstract their share ofthe normal flow, and
as much surplus water as they can beneficially use. In terms of Section 13/3) of the
Water Act no local authority may construct, alter or enlarge any waterwork in which more
than 125 000 m 3 of public water is stored, or by means cif which more than 5 000 m 3
of public water per day could be abstracted or diverted, without a permit. Following the
granting of a permit, the local authority must apply to the Water Court unless exempted
in terms of Section 11 of the Act. In Government water control areas permits for local
authorities are usually issued by the Minister of Water Affairs and Forestry, in terms of
Section 56/3) of the Water Act. In addition to the above, a permit is required by virtue of
Section 12A of the Act for the erection, enlargement or alteration of the process of any
water care work*.
*
A water care work refers to a work used for the purification or treatment of water for human
consumption or food processing, or for the purification, treatment or disposal of effluent or sewage.