Chappies Paper

Did you know…?

South Africa is a water scares country, the 30^th driest in the world. Combined with having uneven rainfall, this makes water a hot commodity. Water is an essential source of society and any land as life is impossible without water.  Water resources are managed by the location, quantity and quality of water and the variability of water in the future.

The Department of Water and Sanitation (DWA) is central to the economic development and social well-being of the country as its mandate to provide sufficient, reliable, clean water 365 days a year to support socio-economic growth.

The legislative mandate is to ensure that the country’s water resources are protected, managed, used, developed, conserved and controlled by regulating and supporting the delivery of effective water supply and sanitation. This is done in accordance with the requirements of water-related policies and legislation that are critical in delivering on people’s right to have sufficient food and water, growing the economy and eradicating poverty.

The purpose of the National Water Act, 1998 (Act No. 36 of 1998) as amended, is to ensure that the nation’s water resources are protected, used, developed, conserved, managed and controlled in numerous ways. The national water resources strategy delivers the country’s framework for the conservation, protection, management, development, control and use of water resources. It also offers the structure of the management within catchment or regional areas in water management areas.

Approval must first be required from municipalities in order to use water from a source other than the proposed water service provider in terms of the Water Services Act. External guidelines are developed for an application process by the Department of Water and Sanitation (DWS) for generic water use authorisation.

According to Section 21 of the National Water Act 36 of 1998, a Water Use License must be applied for if any of the following water uses are triggered:

             a)    Abstraction of water from a water resource;

             b)    Storage of water;

             c)    Impending 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 conduit;

             g)    Disposing of water in a manner which my detrimentally impact on a water resource

             h)    Disposing of water containing waste or water which has been heated in any industrial or power generation process;

             i)      Alternating the bed, banks, course or characteristics of a watercourse;

             j)      Removing, disposing or discharging of water found underground for the continuation of an activity or for safety of people;

             k)    Using water for recreational purposes.

To process any WULA, there are generally six steps to follow. The application process is divided into 3 Phases which must be completed comprehensively. These steps are aimed at testing the application specifically against Section 27 of the NWA. WUL processes now promise authorisation within 300 calendar days, if all documents and studies are in order.

 

Have a fantastic week, and please feel free to contact us if you require any confirmation or information before conducting any activity which might have an impact on our environment.

Did you know…

Did you know according to the National Environmental Management Act 107 of 1998 (NEMA), there are regulations which prohibits you from clearing an area of 300 square meters or more of indigenous vegetation within any critically endangered or endangered ecosystem.

Critical Biodiversity areas (CBA) are described as all areas required to meet biodiversity pattern and process targets; Critically Endangered ecosystems, critical linkages (corridor pinch-points) to maintain connectivity; CBAs are areas of high biodiversity value that must be maintained in a natural state.

CBAs are sub-divided into two groups, CBA Irreplaceable and CBA Optimal. CBA Irreplaceable areas include: areas required to meet targets and with irreplaceability values of more than 80%; (2) Critical linkages or pinch-points in the landscape that must remain natural; (3) Critically Endangered Ecosystems. The CBA Optimal Areas are the areas optimally located to meet both the various biodiversity targets and other criteria defined in the analysis. Although these areas are not ‘irreplaceable’ they are the most efficient land configuration to meet all biodiversity targets and design criteria.

Activities listed within regulation GNR 985 2014 of 2017 amended may not commence within a CBA without obtaining Environmental Authorisation from the Competent authority. So, if at any point, you have any questions or require confirmation, please feel free to contact us for advice and we will ensure that you or your company comply with the regulatory requirements

Have a great week and visit the “Chappie Paper” next week for some more information.

Did you know that there are various activities listed within the National Environmental Management Act 107, 1998, which may not commence without obtaining an Environmental Authorisation from the Competent Authority?   These activities are detailed within Listing Notice 1, 2 and 3 of the EIA Regulations, 2014 (as amended in 2017).  For ease of reference, these documents and Listing Notices have been uploaded to our website and can be downloaded under the “Document Download” tab.

Listing Notice 1 of 2014 (as amended in 2017) lists activities which requires Environmental Authorisation by means of conducting a Basic Assessment Process.  This legislated process takes approximately 7 months to complete and is shorter than the process required for all activities included within Listing Notice 2, 2014 (as amended).  All activities listed within Listing Notice 2, requires a Scoping and Environmental Impact Assessment prior to the commencement of such activities.  This legislated process takes approximately 12 months to complete.  Listing Notice 3, 2014 (as amended) is listing activities within geographical areas only and should any of the listed activities be triggered within one of the geographical areas identified, a Basic Environmental Impact Assessment process must be conducted prior to the commencement of such an activity.

 

In our experience, the NEMA Regulations can be very confusing to prospective developers, farmers or other clients and therefore we would like to encourage you to contact Core Environmental Services if you require any advice as to what is permitted according to the NEMA 107, 1998.

Did you know…………?

Did you know that the construction of structures or infrastructure with a footprint of 100 square metres or more within a watercourse or within 32m from the edge of the watercourse, is not permitted without obtaining Environmental Authorisation in accordance with the National Environmental Management Act 107, 1998 (NEMA).  A watercourse referred to within the NEMA is also not restricted to rivers or dams.  A Watercourse is defined as a river, spring, natural channel which flows regularly or intermittently, wetland, pan, lake or dam. 

According to General Notice Regulation 983, 2014 (as amended in 2017), Environmental Authorisation is required for the development of:

(i)           Dams or weirs where the dam or weir, including infrastructure and water surface area, exceeds 100 square metres; or

(ii)          Infrastructure or structures with a physical footprint of 100 square metres or more

where such development occurs within a watercourse or within 32m of a watercourse, measured from the edge of a watercourse.

General Notice 985 of 2014 (as amended) focus on activities conducted within specific environmental sensitive areas as National Parks, Protected Areas, Ecological Sensitive Areas or Ecological Support Areas etc. Should your proposed development area fall within any area identified within the Biodiversity Sector Plan of 2014, construction of any structures or infrastructure within or within 32m form the edge of a watercourse, is limited to only 10 square metres without having to apply for Environmental Authorisation. 

Should you be proposing to construct a bridge, dam or any structure or infrastructure exceeding the above thresholds within a watercourse or within 32m from the edge of the watercourse, by law, a Basic Environmental Impact Assessment must be conducted and Environmental Authorisation must be obtained before such activity may commence.  Did you know that you will also require a Water Use License in accordance with the National Water Act 36 of 1998 before conducting any activity within a watercourse?  But I think I will leave this topic to be discussed in our “Chappie Paper” next week.

Have a fantastic week, and please feel free to conduct us if you require any confirmation or information before conducting an activity which might have an impact on our environment. 

Did you know?…………

Did you know that according to the National Environmental Management Act 107 of 1998 (NEMA), there are regulations which prohibits you from clearing indigenous vegetation for any purpose such as farming, housing development, roads etc.

According to General Notice 983 of 2014 (as amended in 2017), activity 27, you require an Environmental Authorisation before clearing more than 1 hectare of indigenous vegetation.  A number of people and specifically farmers are not aware of the regulatory requirements before clearing indigenous vegetation and subsequently many find themselves in contravention of the NEMA and is issued with a fine which varies between R 5 000 and R 5mil or even imprisonment.

General Notice 985 of 2014 (as amended) focus on activities conducted within specific environmental sensitive areas as National Parks, Protected Areas, Ecological Sensitive Areas or Ecological Support Areas etc.  This regulation prohibits you from clearing indigenous vegetation of more than 300 square metres within any of these areas identified within the Biodiversity Sector Plan without obtaining Environmental Authorisation from the Competent Authority.  300 square metres is really small and can be compared to a relatively large house!!

When reading the above, it is clear that contravening the NEMA at some point in time could be very easy.  So if at any point, you have any questions or require confirmation, please feel free to contact us for advise and we will ensure that you or your company comply with the regulatory requirements prior to receiving a Non-Compliance Notice from the Department issuing you with a fine or requesting you to shut operation.

 

Have a great week and visit the “Chappie Paper” next week for some more information to keep you or your company out of trouble!