Applications: water resource use and control

water resource use and control
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Water: Inland management










Everyone has the right to have the environment protected through reasonable legislative and other measures that secure, among others, the use of natural resources (The Constitution).

Sustainable development requires the responsible and equitable use and exploitation of non-renewable natural resources. The consequences of the depletion of the resource must be taken into account (national environmental principles; NEMA).

Organs of State are entitled to have access to information relating to the state of the environment and actual future threats to the environment, including any emissions to water, air or soil where such information is necessary for the carry out of their duties in terms of the protection of the environment or the use of natural resources (information... NEMA).

A national water resources strategy will include the framework for the protection, use, development, conservation ect. for the country as a whole (water management strategies; National Water Act, Section 5&6).

A catchment management strategy developed must set principles for allocating water to existing and prospective users, taking into account all matters relevant to the protection, use, development, conservation, management and control of water resources (National Water Act, Section 8).

The protection of water resources is fundamentally related to their use, development, management and control. Matters relating hereto must be provided for in a classification system for all water resources (section 12 National Water Act). A balance must be sought between the need to protect and sustain water resources and the need to develop and use them (Classification of water resources and resource quality objectives). Aquatic ecosystems must be protected on order to secure ecologically sustainable development and use of the relevant water resource (The Reserve; National Water Act).

The National government has overall responsibility for and authority over water resource management which includes the equitable allocation and beneficial use of water. Water use is broadly defined including the taking and storing of water, activities which reduce stream flow, waste discharges and disposals, controlled activities which impact detrimentally on a water resource ect. The regulations on the use of water have to take into account the promotion of the economic and sustainable use of water; the prevention of wasteful water use and the facilitation of the management of water use and waterworks (general principles in the Use of Water; National Water Act).

Licences for the use of water can be applied for. The responsible authority may conduct its own investigation on the likely effect of the proposed licence on the protection, use, development, conservation, management and control of the water resource (Individual applications for licences). Licences for water use in respect of  specific resources may be compulsory (compulsory licences...) (National Water Act).

Water charges are used as a means to encourage reduction in water waste and provide incentives for effective and efficient water use (National Water Act). The water pricing strategy may differentiate in respect of different water users, e.g. the extent of their water use; the quantity of the water returned by them to a water resource; their economic circumstances and the statistical probability of the supply of water to them. The pricing strategy may also differentiate in respect of different types of water uses.

Water resources should be used sustainably (A White Paper on the conservation and sustainable use of South Africa's biological diversity) and the necessary human resources developed to ensure that it happens. Jobs related to the sustainable use of resources will be created. Opportunities derived from the sustainable use of resources should favour the poor (biodiversity policy and strategy).

The components necessary for sustainable resource use will be identified (objective 1.1). 

Conflict arising from the conservation and sustainable use of resources will be managed (objective 1.2).

According to the Water Services Act, the Minister may prescribe compulsory national standards relating to, amongst others, the effective and sustainable use of water resources for water services. As far as industrial water use is concerned, all the laws relating to the use and conservation of water and water resources is compliable.

During any land development, optimal use of existing resources should occur ( Development Facilitation Act). More in the planning section. In the Environment Conservation Act, water use is listed as one of the activities that has the potential to have a detrimental effect on the environment (section 21).

The minister may determine the policy for environmental conservation regarding the promotion of sustainable utilization of species and ecosystems and the effective application and re-use of natural resources (Environment Conservation Act, section 2).

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