| (1) | No person may discharge effluent that originates from a source on land into coastal waters except in terms of a general discharge authorisation contemplated in subsection (2) or a coastal waters discharge permit issued under this section by the Minister after consultation with the Minister responsible for water affairs in instances of discharge of effluent into an estuary. |
[Subsection (1) substituted by section 40(b) of Act No. 36 of 2014]
| (2) | The Minister may by notice in the Gazette authorise persons in general, or a category of persons, to discharge effluent into coastal waters, and in instances of discharge of effluent into an estuary, only after consultation with the Minister responsible for water affairs. |
| (3) | Any person who wishes to discharge effluent into coastal waters in circumstances that are not authorised under a general discharge authorisation referred to in subsection (2) must apply to the Department for a coastal waters discharge permit. |
[Subsection (3) substituted by section 40(c) of Act No. 36 of 2014]
| (4) | Any person who at the commencement of this Act is discharging effluent into coastal waters and who is not authorised to do so in terms of a general discharge authorisation under subsection (2) must apply to the Department for a coastal waters discharge permit— |
[Words preceding subsection (4)(a) substituted by section 40(d) of Act No. 36 of 2014]
| (a) | within 24 months of the date of commencement of this Act if the discharge is in terms of a licence or authorisation under the National Water Act; or |
| (b) | within 36 months of the dale of commencement of this Act if the discharge is a continuation of an existing lawful water use within the meaning of section 32 or 33 of the National Water Act. |
| (5) | Unless a person referred to in subsection (4) is directed otherwise by a person acting in terms of this Act or the National Water Act, it is not an offence for that person to discharge effluent that originates from a source on land into coastal waters if— |
| (a) | that person has made an application under subsection (4) but has not yet been notified whether the application has been granted or refused; or |
| (b) | the applicable period referred to in subsection (4)(a) or (b) has not yet expired. |
| (6) | A person who discharges effluent into coastal waters— |
| (b) | may only do so to the extent that it is not reasonably practicable to return any freshwater in that effluent to the water resource from which it was taken; |
| (c) | must discharge the effluent subject to any condition contained in the relevant authorisation; |
| (d) | must comply with any applicable waste standards or water management practices prescribed under this Act or under section 29 of the National Water Act or any Act of Parliament specifically dealing with waste, unless the conditions of the relevant authorisation provide otherwise; and |
| (e) | must register the discharge with the department responsible for water affairs. |
| (7) | The Minister, and in instances of discharge of effluent into an estuary, with the concurrence of the Minister responsible for water affairs, must, when deciding whether or not to issue a general discharge authorisation contemplated in subsection (2) or to grant an application for a coastal waters discharge permit, take into account all relevant factors, including— |
[Words preceding subsection (7)(a) substituted by section 40(e) of Act No. 36 of 2014]
| (b) | the socio-economic impact if the disposal— |
| (c) | the coastal management programmes and estuarine management plans applicable in the area; |
| (d) | the likely impact of the proposed disposal on the coastal environment, including, the cumulative effect of its impact together with those of existing point and non-point discharges. |
| (e) | the Republic's obligations under international law; |
| (f) | the factors listed in section 27 of the National Water Act; and |
| (g) | any other factors that may be prescribed. |
| (8) | The Minister may not grant an application in terms of subsection (3) for a coastal waters discharge permit if doing so is likely— |
| (a) | to cause irreversible or long-lasting adverse effects that cannot satisfactorily be mitigated; |
| (c) | to be contrary to the interests of the whole community. |
(9)
| (a) | The Director-General must within five years of the date of commencement of this Act— |
| (i) | review all authorisations issued before the commencement of this Act that authorise the discharge of effluent into coastal waters; and |
| (ii) | in consultation with the director-general of the department responsible for water affairs undertake a joint review of all authorisations issued before the commencement of this Act that authorised the discharge of effluent into estuaries, in order to determine the extent to which those authorisations comply with the requirements of this Act and of other applicable legislation. |
| (b) | After any such review the Director-General must make recommendations to the Minister and to the Minister responsible for water affairs as to whether or not— |
| (i) | the discharge should be prohibited; |
| (ii) | in the case of a discharge into the sea, whether or not a permit should be issued under subsection (1); |
| (iii) | in the case of a discharge into an estuary, whether or not the discharge should be authorised in terms of a permit issued under subsection (1) and a permit issued under the National Water Act. |
| (10) | The Minister, and in instances where the discharge takes place into an estuary, with the concurrence of the Minister responsible for water affairs, must as soon as possible after recommendations contemplated in section (9)(b) have been received, decide whether or not to issue a permit or permits referred to in subsection (9) and the conditions that will apply to any permits issued, but before doing so, must give the holders of the authorisations a reasonable opportunity of making representations. |
| (11) | [Subsection (11) deleted by section 40(f) of Act No. 36 of 2014] |
| (12) | The Minister may, when performing functions in terms of subsections (1), (7) and (10), enter into an agreement with any member of Cabinet. |
