Legal requirements for discharging water containing waste
 

LEGAL REQUIREMENTS FOR THE DISCHARGE OF WATER CONTAINING WASTE INTO A WATER RESOURCE  
REGISTRATION - Registration of any discharge of water containing waste  
GENERAL AUTHORISATION   
LICENCE - to discharge water containing waste into a water resource  
WATER-RELATED ACTS  
     
 

LEGAL REQUIREMENTS FOR THE DISCHARGE OF WATER CONTAINING WASTE INTO A WATER RESOURCE  
REGISTRATION, GENERAL AUTHORISATIONS AND LICENCES FOR THE DISCHARGE OF WATER CONTAINING WASTE INTO A WATER RESOURCE  
DISCHARGE OF WASTE OR WATER CONTAINING WASTE INTO A WATER RESOURCE THROUGH A PIPE, CANAL, SEWER OR OTHER CONDUIT; AND DISPOSING IN ANY MANNER OF WATER WHICH CONTAINS WASTE FROM, OR WHICH HAS BEEN HEATED IN, ANY INDUSTRIAL OR POWER GENERATION PROCESS [Sections 21(f) and (h)] of the:

National Water Act (Act 36 0f 1998) (pdf)

 
 
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REGISTRATION - Registration of any discharge of water containing waste (domestic and industrial wastewater) into a water resource  

1.

A person who discharges wastewater into a water resource must submit a registration form for registration of the water use before commencement of the discharge.  
2. On written receipt of a registration certificate by the Department, the person will be regarded as a registered water user.  
3. All forms for registration of water use are obtainable from the Regional offices of the Department of Water Affairs and Forestry, as well as from the Departmental web-site. Department Water and Sanitation  
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GENERAL AUTHORISATION - Discharging of domestic and industrial wastewater into water resources  

1.

A person who-  
a. owns or lawfully occupies property registered in the Deeds Office as at the date of this notice; or  
b. awfully occupies or uses land that is not registered or surveyed, or
c. lawfully has access to land on which the use of water takes place.
may on that property or land outside of the areas excluded which are discharging through sea outfalls, to an aquifer, to any other groundwater resource or to any water resource with a closed drainage system.   
a. discharge up to 2 000 cubic metres of wastewater on any given day into a water resource that is not a listed water resource set out in the table: Table: Listed water resources  
b. complies with the general wastewater limit values set out in the table: Table: General waste water limits
c. is not a complex industrial wastewater.
discharge up to 2 000 cubic metres of wastewater on any given day into a listed water resource set out in the Listed water resources (Table: Listed water resources)   provided the discharge -  
a. complies with the special wastewater limit values set out in the table for Special waste water limits   
b. is not a complex industrial wastewater
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LICENCE - to discharge water containing waste into a water resource  

 

A person who cannot meet with the requirements of the General Authorisation either in terms of the volume or in terms of the quality must apply for a licence to discharge in terms of Section 42 of the National Water Act (Act 36 0f 1998)

The application will be assessed taking into account the requirements of section 27 of the National Water Act which are as follows:

 
27.(1) In issuing a general authorisation or licence a responsible authority must take into account all relevant factors, including   
(a)  existing lawful water uses;   
(b) the need to redress the results of past racial and gender discrimination; 
(c) efficient and beneficial use of water in the public interest; 

(d) the socio economic impact 

    (i) of the water use or uses if authorised; or 

    (ii) of the failure to authorise the water use or uses; 

(e) any catchment management strategy applicable to the relevant water resource; 
(f) the likely effect of the water use to be authorised on the water resource and on other water users; 
(g) the class and the resource quality objectives of the water resource; 
(h) investments already made and to be made by the water user in respect of the water use in question; 
(i) the strategic importance of the water use to be authorised;
(j) the quality of water in the water resource which may be required for the Reserve and for meeting international obligations; and 
(k) the probable duration of any undertaking for which a water use is to be authorised.
27.(2) A responsible authority may not issue a licence to itself without the written approval of the Minister.   

 

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Notes:


 


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