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Department of Water Affairs and Forestry External Guideline August 2007

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

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 publication may be reproduced in any manner without full acknowledgement of the source

This report should be cited as:

Department of Water Affairs and Forestry (2007)

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)

Disclaimer

This document does not replace the National Water Act (NWA) (Act No 36 of 1998) or regulations or notices published in terms of the Act. It does not contain all requirements for water uses. If there are any differences or omissions in this document, 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:

1.0


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

CONTRIBUTORS

The following individuals are thanked for their contributions to the document: Project Management Committee Valerie du Plessis DWAF: Environment and Recreation Anet Muir Department of Water Affairs and Forestry DWAF Regional Office and Head Office Personnel who contributed through review and use of version 1.0. DWAF Regional Office and Head Office Personnel, who contributed during the Regional and National Workshops. Other Parties Donavan Henning Nemai Consulting Nicky Naidoo Nemai Consulting Danielle Strydom Isifundi Laura Forster Isifundi Cornelia Höll Isifundi


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

TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS.............................................................................. IV ASSOCIATED LEGISLATION......................................................................................... IV SUPPORTING DOCUMENTS......................................................................................... IV 1 THE PURPOSE OF THIS GUIDELINE......................................................................1 2 SECTION 21..............................................................................................................1

2.1 Section 21(c): Impeding or diverting the flow of water in a water course ……… 1 2.2 Section 21(i): Altering the bed, banks, course or characteristics of a water course …………………………………………………………………………. 2 2.3 Other legislation ……………………………………………………………………… 3

3 THE WATER USE APPLICATION AND AUTHORISATION PROCESS ....................3

3.1 Authorisation options ……………………………………………………………….. 3 3.2 Pre-application consultation ………………………………………………………… 6 3.3 Information gathering ……………………………………………………………….. 6 3.4 Application ……………………………………………………………………………. 6 3.5 Assessment and review …………………………………………………………….. 9 3.6 Decision ……………………………………………………………………………….. 10 3.7 Appeal ………………………………………………………………………………… 10

LIST OF FIGURES Figure 3.1: Authorisation process overview Figure 3.2: Authorisation process (Detailed) LIST OF TABLES Table 3.1: Licence application forms Table 3.2: Registration forms

LIST OF APPENDICES Appendix A: Information questionnaire Appendix B: Types and importance of environmental attributes Appendix C: Impact significance Appendix D: Objectives of mitigation measures


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

ACRONYMS AND ABBREVIATIONS DWAF Department of Water Affairs and Forestry

EIA Environmental Impact Assessment

ELU Existing Lawful Use

EMP Environmental Management Plan

GA General Authorisation

NWA National Water Act (Act No. 36 of 1998)

PRO Primary Responsible Officer

WUAAAC Water Use Authorisation Assessment and Authorisation Committee

ASSOCIATED LEGISLATION Constitution of the Republic of South Africa, (Act No 108 of 1996) The National Environmental Management Act (Act No 107 of 1998) and its regulations (Government Notice Regulations 385, 386 and 387 of 21 April 2006) The Mineral and Petroleum Resources Development Act (Act No 28 of 2002) and its regulations (Government Notice 527 of 23 April 2004) SUPPORTING DOCUMENTS 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) (DWAF2007) Department of Water Affairs and Forestry (2003). A practical field procedure for identification and delineation of wetlands and riparian areas, Pretoria External Guideline: Generic Water Use Authorisation Application Process (DWAF 2007)


External Guideline: Section 21 (c) and (i) Water Use Authorisation Page 1 Application Process (Impeding or Diverting the Flow of Water in a Watercourse, And/or Altering the Bed, Banks, Course or Characteristics of a Watercourse)

1 THE PURPOSE OF THIS GUIDELINE The purpose of these guidelines is to assist the applicant (i.e. the person/party who wants to undertake a water use) to provide the necessary information to the Department of Water Affairs and Forestry (DWAF) to facilitate decision-making regarding water use authorisation in terms of section 21(c) and (i) of the National Water Act, 1998 (NWA) (Act No 36 of 1998). This guideline provides information on the activities that may be covered under section 21(c) and (i) water uses and the water use authorisations that might apply to them. It describes the authorisation process, indicating the role of the potential applicant, and DWAF’s information and procedural requirements during decision-making for section 21 (c) and (i) water use authorisations. NOTE: Applicants from the mining, industry, urban, forestry and agricultural sectors should also refer to the relevant guidelines as their specific requirements will not be covered by this guideline. (See supporting documents: Generic external guideline).

NB: This guideline should be used in conjunction with the External Guideline: Generic Water Use Authorisation Application Process (DWAF 2007) which provides generic and background information, and a detailed description of the water use licence authorisation process as a whole.

2 SECTION 21 Section 21 of the NWA identifies eleven water use types. This guideline describes DWAF’s information requirements for section 21 (c) and (i) water uses. NB: A proposed activity or development may involve one or more of the other water uses. The DWAF Primary Responsible Officer (PRO) will be able to assist the applicant to identify which water use type pertains to their enquiry and provide them with the appropriate assistance and guidelines. 2.1 Section 21(c): Impeding or diverting the flow of water in a water course The definition of this water use is: 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 rather influences the flow regime in a watercourse. Structures that impede or divert the flow can partially or fully extend into a river, re-directing the natural flow. Impeding or diverting the flow may be temporary, for example during construction of a road bridge. It may also be permanent, such as a low water bridge built across a river permanently impeding the flow as it moves under the bridge. Gauging weirs for hydrological monitoring are an example of an impediment, if there is no significant storage behind the weir under low flow conditions. If water is retained by a structure, then the water use is considered to be “storing water” and not “impeding or diverting flow”, and requires authorisation in terms of Section 21(b).



N.B: Construction of spillways, mooring sites and jetties are all considered section 21 (c) and (i) water uses and not section 21 (k) recreational water use. 2.2 Section 21(i): Altering the bed, banks, course or characteristics of a water

course The definition of this water use is: Alteration of the water course, including any changes affecting:

• the energy of the watercourse, for example where the straightening of a river generally leads to an increase in energy, which will cause erosion as the system adjusts to the new situation (new equilibrium)

• the morphology of the watercourse (bed, banks, macro-channels), including changes affecting the riparian and instream habitat characteristics, such as sand mining, or canalisation of streams

• the physical characteristics of the water course, such as removal of riparian vegetation, mining of river banks for sand, changes to geohydrology and geology that affect groundwater fed systems such as wetlands and rivers

• the chemical characteristics, for example changes in temperature, pH, or turbidity etc,

• changes that affect flood dynamics, such as developments occurring below floodlines altering downstream flood patterns

• the biotic components of the water course, such as changes of habitat that may lead to a change in the composition of the biota.

Alteration of the bed and banks is usually needed for construction and infrastructure development near or across a river. 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 been lined with concrete to become storm water channels (canalisation) to handle peak rainfall events. Wetlands and estuaries are extremely sensitive environments and as such, the section 21(c) and (i) water use GA does not apply to:

• Any wetland or any water resource within a distance of 500 meters upstream or downstream from the boundary of any wetland

• Any estuary or any water resource within a distance of 500 meters upstream from the salt mixing zone of any estuary.

Peat harvesting is also a section 21 (i) water use. As with other wetland types, it is excluded from the GA for section 21(c) and (i) water uses. Transfer schemes from one catchment to another change the characteristics of the receiving water course. The abstraction is viewed as a Section 21(a) water use but the environmental considerations of the receiving system should also be considered, in the licence conditions. Even though an activity such as an alteration to the banks, or the building of a haul road across a watercourse (a section 21(i) use) may not directly affect flow as contemplated in section 21(c), any activities in the catchment, especially in the immediate vicinity of the watercourse, may affect runoff and lead to changes in flow.



2.3 Other legislation Authorisation in terms of the NWA does not provide exemption from other legislation that may apply to a proposed activity. Other relevant legislation may include, but not be limited to:

• The National Environmental Management Act (Act No 107 of 1998) and its regulations (Government Notice Regulations 385, 386 and 387 of 21 April 2006) and

• The Mineral and Petroleum Resources Development Act (Act No 28 of 2002) and its regulations (Government Notice 527 of 23 April 2004).

3 THE WATER USE APPLICATION AND AUTHORISATION PROCESS This part of the Guideline describes the authorisation process for section 21 (c) and (i) water uses, through a:

• General Authorisation (GA) • section 22(3) authorisation • water use licence

NB: Refer to Section 7 of the External Guideline: Generic Water Use Authorisation Application Process (DWAF 2007) for a more detailed description of the application process

3.1 Authorisation options The application process is initiated when a person or entity (applicant) plans to embark on an activity which will require the use of water as defined in section 21 of the NWA. The entry point for all water use authorisations is the relevant DWAF Regional Office. (See Appendix B External Guideline: Generic Water Use Authorisation Application Process (DWAF 2007) for contact details). The DWAF Regional Office should be consulted as soon as possible to determine the type of water use and authorisation required as a preparatory step to the authorisation process, as some of the investigations may require significant periods of time. It is the DWAF PRO’s responsibility to investigate the application and determine which permissible water use and which of the section 21 water uses applies, and to assist the applicant to meet the appropriate information and procedural requirements. The main steps during the water use authorisation process are shown in Figure 3.1.



Figure 3.1: Authorisation process (simplified overview) A more detailed representation of the process is given in Figure 3.2. This is however still a simplified representation. Certain aspects, for example the potential severity of the likely impacts of the proposed activity, may require a more elaborate authorisation procedure to be undertaken. The DWAF official will guide the applicant throughout the application process and provide all the necessary information that the applicant will require at the relevant stages of the process.

Pre-application consultation

Information gathering

Application

Assessment and review

Decision

Appeal

Pre-application consultation

Information gathering

Application

Assessment and review

Decision

Appeal


PPP


Identification of Water UsesIdentification of Water Uses

CoCo--operative Governance operative Governance –– additional authoritiesadditional authorities

Applicable DWAF Regional OfficeApplicable DWAF Regional Office

Relevant Documentation (i.e. Registration Forms, guidelines, etcRelevant Documentation (i.e. Registration Forms, guidelines, etc.).)

Authorisation TypeAuthorisation Type

Submit Registration FormsSubmit Registration Forms

Authorisation Needed (GA/Licence)Authorisation Needed (GA/Licence)

Conditions of Conditions of approvalapproval

DWAF ReviewDWAF Review

Not ApprovedNot Approved ApprovedApproved

Record of DecisionRecord of Decision

PrePre--consultationconsultation No Authorisation Needed (S1/ EWU)No Authorisation Needed (S1/ EWU)

Authorisation type: Licence

Authorisation type: GA

Authorisation type: S1/ELU

General AuthorisationGA:Existing Lawful UseELU:Schedule 1 UseS1:

Applicant

DWAF

Authorisation type: Licence

Authorisation type: GA

Authorisation type: S1/ELU

General AuthorisationGA:Existing Lawful UseELU:Schedule 1 UseS1:

Applicant

DWAF

Undertake S21(c) and/or (i) water use

GA ApprovalGA Approval



Identify need for S21(c) and/or S21(i) water useIdentify need for S21(c) and/or S21(i) water use

Submit Technical ReportSubmit Technical Report

AppealAppeal

Record of DecisionRecord of Decision

Figure 3.2: Authorisation procedure (Detailed)



3.2 Pre-application consultation Pre-consultation refers to the discussions between the potential Applicant and DWAF, prior to the formal initiation of the application procedure. These discussions can be in the form of a meeting, written correspondence (e.g. email, letter, fax and telephonic conversations). Pre-consultation may serve various functions, of which the most pertinent are:

• To determine the need to authorise a water use • To determine the applicable water use authorisation type• To provide some guidance to the applicant of possible additional legal

requirements, over and above the requirements of the NWA, and to identify the additional authorities involved; and

• To provide the applicant with the relevant documentation (information questionnaire and registration and or licence application forms) required for the water use in question.

3.3 Information gathering The basic information needed by DWAF to make an informed assessment is set out in the information questionnaire (contained in Appendix A). This can be replaced or supplemented through other technical reports normally required in terms of parallel legislated requirements, such as an EMPR or a Scoping Report. Should any information that is required to continue with the Technical Assessment process be missing, the PRO will request it in writing from the applicant, to allow the authorisation process to continue. 3.4 Application Applicants requiring authorisation for Existing Lawful Use authorisation requests must complete the applicable Registration Forms. If the pre-consultation indicates that the proposed water use falls either under a GA or licence, one or more of the following forms must be completed: A) Information questionnaire

If the proposed water use falls under a GA (regardless of registration requirements), or if it requires a licence, the applicant must complete the Information Questionnaire for verification purposes. Whilst the format of the Information Questionnaire is not prescribed, the contents indicated in the example must all be present. The information may be collated and provided in the form of a Technical Report or in any other report(s) which is prepared as part of the water use for other authorities (e.g. Scoping Report, Environmental Management Programme Report), provided that they contain the requested water resource related information. The text provided in italics in the Information Questionnaire is intended to describe essential information requirements with regard to section 21(c) and (i) water uses, and to provide additional guidance to the applicant. No text is provided in the boxes, where the information requirement is self-explanatory. It is part of DWAF’s procedure for reviewing water use authorisation applications for S21(c) and (i) water uses to place particular emphasis on the importance of the environmental attributes (explained in Appendix B) and the significance of their impacts (explained in Appendix C).



B) Registration forms Registration Forms (Table 3.1) consist of:

• Part 1, which provides information on the water user and the property where the water use takes place,

• Part 2, which provides information about the water use • supplementary forms which contain additional information that may be

needed.

The relevant Part 2 Registration Forms which pertain to S21(c) and (i) water uses are:

• DW 763 Impeding or diverting the flow of water in a watercourse and

• DW 768 Altering the bed, banks, course or characteristics of a watercourse.

Depending on the activities associated with the water use, additional water uses may also apply, which could be ascertained through either pre-consultation or from a response from DWAF after the submission of the Registration Forms.

Table 3.1: Registration forms

Registration forms Part 1 DW756/769 DW756/769.DOC Individual DW757/770 DW757/770.DOC Water Services Provider (Including Water

Boards) DW758/771 DW758/771.DOC Company, Business or Partnership--National

or Provincial Government DW759/772 DW759/772.DOC Water User Association (Including: Irrigation

Boards, Subterranean Water Control Boards, Water Boards for Stock Watering, Settlement Boards and Water Conservation Boards)

Part 2 DW763 DW763R2c.DOC Impeding or diverting the flow of water in a

watercourse DW768 DW768R2i.DOC Altering the bed, banks or characteristics of a

watercourse (old number DW808) i. General Authorisations: The applicant must complete the Registration forms, above (as applicable) for a section 21(c) and (i) GA (Government Notice No 26187 published in Government Gazette No. 398, dated 26 March 2004) if:



Impeding or diverting the flow of water in a watercourse [Section 21(c)] In terms of item 1.8. (1) A person who uses water in terms of this authorisation must submit a registration form for the registration of the water use if the impedance or diversion occurs within a distance of 1 000 meters from any other impedance or diversion, measured along the watercourse. (2) A person who impedes or diverts water for hydrological monitoring purposes in terms of paragraph 1.7. (2)(e) above must submit a registration form for the registration of the water use. Altering the bed, banks or characteristics of a watercourse [Section 21(i)] In terms of Item 2.8. (1) A person who uses water in terms of this authorisation must submit a registration form for the registration of the water use if the alteration involves mining related activities or occurs within a distance of 1 000 meters from any other alteration, measured along the watercourse. (2) A person who alters the bed, banks or characteristics of a watercourse for hydrological monitoring purposes in terms of paragraph 2.7. (2)(f) above must submit a registration form for the registration of the water use. On written receipt of a registration certificate form the Department, the person will be regarded as a registered water user. ii. Water use licence applications: The same Registration forms as above must also be completed, as applicable, for all water use licence applications, and submitted to the relevant DWAF Regional Office.

NB: Water uses in addition to section 21 (c) and (i) may be involved, depending on the activities associated with the proposed water use. This should be ascertained through either pre-consultation or from a response from DWAF after the submission of the Registration Forms.

C) Licence application forms The completed Information Questionnaire and or other technical reports need to be accompanied by Part 1 and Part 2 of the Licence application forms (as detailed in Table 3.2).



Table 3.2: Licence application forms Part 1 DW756/769

DW756/769.DOC

Individual

DW757/770 DW757/770.DOC Water Services Provider DW758/771 DW758/771.DOC Company, Business or Partnership--National

or Provincial Government DW759/772 DW759/772.DOC Water Use Association--Including: Irrigation

Boards, Subterranean Water Control Boards, Water Boards for Stock Watering, Settlement Boards, Water Conservation Boards

Part 2 DW775

DW775L2c.PDF

Impeding or diverting the flow of water in a watercourse

DW781 DW781L2i.PDF Altering the bed, banks or characteristics of a watercourse

NB: Water uses in addition to section 21 (c) and (i) may be involved, depending on the activities associated with the proposed water use. This should be ascertained through either pre-consultation or from a response from DWAF after the submission of the Registration Forms. The Registration and Licence Application Forms are available from DWAF Regional Offices (refer to Appendix B of the External Guideline: Generic Water Use Authorisation Application Process (DWAF 2007) for contact details) or can be downloaded from www.dwaf.gov.za under Water Use Licensing Registration.

The Applicant will need to pay a licence processing fee of R114 (R100 + 14% VAT) at the Regional Office. 3.5 Assessment and review The DWAF PRO will assist the applicant to ensure that the reports and documents submitted with the appropriate forms provide sufficient information to allow the DWAF PRO to gain a full understanding of what the project entails, allowing DWAF to undertake a thorough technical assessment of the application. A site layout plan indicating the location of any infrastructure including roads or river crossings or related services in relation to the resource should accompany the application if possible. A site visit may be undertaken as part of the technical assessment. The technical assessment of the reports and information is undertaken by DWAF in terms of the following section 27 requirements.

a) Existing lawful water uses b) The need to redress the results of past racial and gender discriminations c) The need for efficient and beneficial use of water in the public interest d) The socio-economic impact of authorisation/non-authorisation of the water use

or uses e) Regional planning initiatives applicable to the relevant resource f) The likely effect of the proposed water use on the water resource and on other

water users g) The class and the resource quality objectives (RQOs) 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 k) The probable duration of any undertaking for which a water use is to be

authorised. The DWAF PRO does not undertake the technical assessment of the water use authorisation application alone. The submission is also distributed by the PRO to other DWAF internal and external stakeholders such as Regional Technical Reviewers, Head Office Policy and Regulations Reviewers and Legal Reviewers, and other relevant government departments for their input and recommendations. Based on these findings and recommendations, a decision will be made to recommend either the authorisation or non-authorisation of the water use in question to the Regional Water Use Authorisation Assessment and Authorisation Committee (WUAAAC). The Regional WUAAC will forward its recommendation to authorise or decline the application to the delegated authority, i.e. the appropriate Regional Director, or the Chief Director: Water Use. 3.6 Decision When the delegated authority declines the application, a letter is issued informing the applicant that the water use application has been declined, substantiated by the relevant facts (as required by section 42 of the NWA) as to why the application was not authorised. When the delegated authority authorises the water use, a licence is issued including appropriate licence conditions to manage any aspects raised by the PRO and the consulted stakeholders. 3.7 Appeal In terms of both outcomes there is an appeal procedure should the applicant or any other person wish to appeal the decision of the responsible authority (See section 148 (1) (f) of the NWA – Appeals to Water Tribunal).



APPENDIX A

INFORMATION QUESTIONNAIRE

INFORMATION QUESTIONNAIRE FOR S21(c) AND/OR (i) WATER USES

Should a detailed report (Technical Report / Environmental Impact Assessment Report, Environmental Management Plan or Programme) be submitted as support documentation to the application already contain the requested information below, the applicant will not be required to duplicate the information. For reference purposes please refer to the relevant sections in the detailed report.

Details of Applicant

Applicant Name: (Organisation)

Contact Person:

Postal Address:

Telephone: Fax:

Email: Cell:

Locality Description (accompanied by topocadastral map to a scale of 1:50 000)

Project Locality Provide the details of the project location.

Property Details Provide the details of the property/properties where the water use is to occur. Name: Tel: Fax: Property Owner Email: Cell:

Description of Water Use

Water Resource Description

Provide where relevant, the following details: Name and description of affected water resource Identify all water resources within a 1km radius (registration purposes) of the proposed water use and indicate them on a map these could include: River/stream, spring, estuary, wetland, eye. In terms of wetlands, salt mixing zone and estuaries – applicants applying for GA needs to provide results of the wetland delineation for verification. (Delineation Guideline available from DWAF upon request)

Water Use Motivation Describe the need/intention/objective of the water use.




Project Description:

Provide details of the project for which the water use is needed. Describe the project phases, under construction, operation, rehabilitation and decommissioning Timing and duration Activities per phase

Methodology To Be Employed

Provide where relevant, the following information: • Explain the technique to be used to undertake the water use. • Safety issues in terms of public, livestock and properties. • Timing and duration of the various development phases • Provide design drawing(s) of any structures to be built. • Indicate the proximity of the development to the floodline and

or the effect of the project on the floodlines and flood management.

• Stormwater management • Effect on water quality and water flow • Effect on migration of biota • Discuss erosion protection, stabilisation and rehabilitation

measures List the material to be used to perform the water use, include the material to be used during the different project phases




Environmental Attributes

Environmental Description

Identify and discuss the current state of all environmental attributes within the project footprint, as well as those attributes that may be affected by the project. Refer to Appendix B for a list of potential environmental attributes. List sensitive environments (with their proximity) with regard to the project locality. Sensitive environments include wetlands, nature reserves, protected areas, floodplains, riparian areas, etc. Discuss threats

Importance Describe the importance of the identified environmental attributes in terms of the aspects provided in Appendix B




Alternatives Consider and discuss alternatives with regard to locality, procedures, materials, etc.

Impact Assessment and Management

Assess Impacts

Assess the potential environmental impacts (effects of proposed activity) associated with the water use for the different phases of the project’s lifecycle (i.e. construction, operation, decommissioning), with regard to identified environmental attributes. Assess the potential impacts with regard to their significance, taking into consideration the possible status, extent, duration, magnitude, and probability. Refer to Appendix C for a description on impacts significance. The impacts can be collated in an Environmental Management Plan (EMP), together with the concomitant mitigation measures.

Mitigation Measures

Generate mitigation measures to prevent, reduce or rehabilitate the pre-determined impacts. These mitigation measures must be accompanied by the party/parties tasked with the implementation of the measures. The mitigation measures can be collated in an EMP, together with the concomitant impacts. Refer to Appendix D for the different objectives associated with mitigation measures.




Monitoring Describe the monitoring and reporting mechanisms to be used to ensure the execution of the mitigation measures and for informing DWAF.

Section 27 of the NWA (if possible, comment of the following aspects of the proposed project)

Rectification of the results of past racial and gender discrimination




Efficient and beneficial use of water in the public interest

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;

The likely effect of the water use on the water resource and on other water users

Investments already made and to be made by the water user in respect of the proposed water use




The probable duration of any undertaking for which a water use is to be authorised.


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APPENDIX B

TYPES AND IMPORTANCE OF ENVIRONMENTAL ATTRIBUTES

TYPES OF ENVIRONMENTAL ATTRIBUTES

The environmental attributes that are present in the project area should be identified and considered by the Applicant in the

impact assessment of S21(c) and (i) water uses. Attributes outside of the project area should also be considered, based on

the extent of the impacts. Examples of environmental attributes are as follows:

• Hydrology and hydraulics • Aesthetic • Socio-economic components

• Fauna • Water quality and quantity • Geology

• Flora • Infrastructure • Topography

(Note: the abovementioned list is not exhaustive)


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IMPORTANCE OF ENVIRONMENTAL ATTRIBUTES

The importance of an environmental attribute is based on the following:

• Sensitivity (resilience, how readily it is affected by a particular stressor);

• Legal importance (e.g. protected status);

• Public (i.e. interested and affected parties) importance;

• Influence to water resource; and

• Professional judgement.

An attribute is deemed important if it qualifies for any of the abovementioned criteria.

I


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APPENDIX C

IMPACT SIGNIFICANCE

IMPACT SIGNIFICANCE

The Technical Report contains an assessment of the impacts to the identified environmental attributes. In the case of the S21(c) and/or (i) water use also requiring authorisation under the National Environmental Management Act (Act no 107 of 1998) the Technical Report will be in the form of a Scoping Report (or Environmental Impact Report) and EMP. Where approval is needed in terms of the Mineral and Petroleum Resources Act (No. 28 of 2002) the EIA documentation and Environmental Management Programme will constitute the Technical Reports. The significance of an impact is based on the appraisal of the nature of the impact (refer to accompanying information box) and the mitigatory potential (i.e. potential to prevent or reduce the impact, or to rehabilitate after the occurrence of the impact). The significance of an impact can be rated as 0-3, as presented in the table below.

Impact significance rating

No impact

After mitigation – no impact

After mitigation – residual impact

Impact not mitigable or difficult to mitigate (costly, time-consuming, etc.)

Information Box: The following measures can be employed to describe the nature of an impact:

• Spatial extent; • Duration of the impact; • Magnitude or severity of the

impact; • Status of the impact (i.e. positive,

negative or neutral); • Reversibility (i.e. reversible or

permanent); • Degree of certainty/probability.


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APPENDIX D

OBJECTIVES OF MITIGATION MEASURES

OBJECTIVES OF MITIGATION MEASURES

As part of the investigations and studies performed by the Applicant, the identified impacts need to be addressed through

suitable mitigation measures. Mitigation measures may have the following objectives:

• Avoidance: avoiding projects or activities that could result in adverse impacts; or avoiding certain types of

resources or areas considered to be environmentally sensitive;

• Prevention: measures aimed at preventing the occurrence of adverse environmental impacts and/or preventing

such an occurrence having harmful environmental and social impacts;

• Preservation: preventing any future actions that could adversely affect an environmental resource. This is typically

achieved by extending legal protection to selected resources beyond the immediate needs of the project;

• Minimisation: limiting or reducing the degree, extent, magnitude or duration of adverse impacts;

• Rehabilitation: repairing or enhancing affected resources;

• Restoration: restoring affected resources to an earlier (and possibly more stable and productive) state; and

• Compensation: creation, enhancement, or protection of the same type of resource at another suitable and

acceptable location, compensating for lost resources.

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