Comments on proposed changes to the National Water Amendment Bill as published in GN 4097 in GG 49733 of 17 November 2023

The Centre for Environmental Rights (CER) provides detailed comments on the proposed National Water Amendment Bill, focusing on the protection of water source areas, the integration of climate change resilience, and the strengthening of public participation and enforcement mechanisms in water licensing.

• The CER supports the creation of a new chapter for the protection of water source areas but argues that the terminology should be changed to "Strategic Water Source Areas" (SWSAs) to align with the 2018 Water Research Commission (WRC) report and the National Water and Sanitation Masterplan. They propose a specific definition for SWSAs based on mean annual surface water runoff or high groundwater recharge.
• The CER welcomes the inclusion of climate conditions in the Act's purpose but suggests the wording be strengthened to explicitly address the need to build resilience against the impacts of climate change, rather than just managing "climate conditions".
• Regarding the prohibition of activities in water source areas, the CER argues that the ban on mining should be extended to include oil and gas extraction due to risks of groundwater contamination from methane and total dissolved solids, as well as increased aquifer interconnectivity caused by drilling.
• The CER criticizes the current discretionary nature of public participation in water use licence (WUL) applications under section 41(4), asserting that it violates constitutional rights. They demand that public participation be made mandatory and that all application documents and expert reports be made available to the public.
• The CER advocates for stronger financial safeguards, suggesting that section 30 be amended to allow the responsible authority to require security from licence holders throughout the life of the licence, not just from applicants. This is intended to prevent the abandonment of projects by companies once they cease to be profitable before rehabilitation is complete.
• The CER supports the proposed introduction of personal liability for directors of business entities and municipal managers for offences under section 151, viewing it as a necessary deterrent to promote compliance and prevent the pollution of water resources.

APA

Centre for Environmental Rights (n.d.). Comments on proposed changes to the National Water Amendment Bill as published in GN 4097 in GG 49733 of 17 November 2023. https://cer.org.za/wp-content/uploads/2024/03/01-03-2024-CER-Comments-on-National-Water-Amendment-Bill.pdf?x21779

Chicago

Centre for Environmental Rights. Comments on proposed changes to the National Water Amendment Bill as published in GN 4097 in GG 49733 of 17 November 2023. n.d. https://cer.org.za/wp-content/uploads/2024/03/01-03-2024-CER-Comments-on-National-Water-Amendment-Bill.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=Comments on proposed changes to the National Water Amendment Bill as published in GN 4097 in GG 49733 of 17 November 2023 |url=https://cer.org.za/wp-content/uploads/2024/03/01-03-2024-CER-Comments-on-National-Water-Amendment-Bill.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndcomments, author = {{Centre for Environmental Rights}}, title = {{Comments on proposed changes to the National Water Amendment Bill as published in GN 4097 in GG 49733 of 17 November 2023}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2024/03/01-03-2024-CER-Comments-on-National-Water-Amendment-Bill.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }