Electricity Act, 1987 (Act No. 41 of 1987)

18. Permission to use Water of Public Stream
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(1)Notwithstanding anything to the contrary contained in the Water Act, 1956 (Act No. 54 of 1956), an undertaker, whether or not he is a riparian owner as defined in that Act, may apply to a water court established by Chapter IV of that Act for permission—
(a)to use a defined quantity of the normal flow of a public stream; or
(b)to abstract or to impound or to store a definite quantity of the surplus water of a public stream within or outside the channel of the stream,

for the generation of steam or electricity or any other form of energy, condensing, cooling or incidental purposes, in any catchment area.

 

(2)The water court may grant such permission subject to such conditions as the court may impose for the purpose of preventing or controlling the heating or preventing pollution of the water in a public stream, and shall, if it appears necessary, assess the amount of compensation which shall be paid in respect of any use, abstraction, impounding or storing of water so permitted, and shall determine the persons to whom and the manner in which compensation shall be paid.

 

(3)For the purposes of the acquisition of servitudes under Chapter VIII of the said Act, an undertaker who has been granted permission under subsection (1) of this section shall be deemed to be a person entitled to the use of the water in question, and land required for pumping works and for works necessary for water power plant shall be regarded as necessary for or incidental to the passage of water.