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

Notice No. 5200

13 September 2024

GG 51205

Department of Water and Sanitation

I, Solomon Mathebula, in my capacity as Chief Executive Officer: Vaal Orange Catchment Management Agency (Interim), on reasonable grounds believe that a potential water shortage exists in the Caledon Modder subsystem especially in the Modder River catchment. This is due to infrastructural constraint that is limiting transfer capacity from the Caledon to the Modder sub-system and an imbalance between the supply and demand imposed on the subsystem.

In terms of Item 6(1) of Schedule 3 to the Act, a Catchment Management Agency may limit the use of water if on reasonable grounds the Catchment Management Agency believes that a water shortage exists within the area concerned. This power has been delegated to me in terms of section 63(1)(c) of the Act.

Therefore, in my capacity as the Chief Executive Officer: Vaal Orange Catchment Management Agency (Interim), I hereby under delegated authority in terms of item 6 (1) of Schedule 3 to the Act limit the taking of water from the Caledon-Modder Subsystem by all users as follows:

The limitations apply from the date of this notice until further notice.

In exercising the powers, I have given preference to the maintenance of the Reserve, treated all water users on a basis that is fair and reasonable, considered the actual extend of the water shortage, the likely effects of the shortage on water users, the strategic importance of any water use and any water rationing or water use limitations by a water services institution having jurisdiction in the area concerned under the Water Services Act 108 of 1997.

Placing limitation on the taking of water use as set out in this notice is an administrative action affecting the rights of the public as contemplated in section 4 of the Promotion of Administrative Justice Act 3 of 2000 (PAJA). After I have taken into consideration all relevant factors, including those referred to in section 4(4)(b), I have decided that it is reasonable and justifiable in the circumstances to depart from the requirements referred to in section 4(1)(a) to (e), (2) and (3) and instituted this limitation without allowing the water users affected and other role players to comment on the matter before I institute the limitation.

This notice overrides any other previous authorization on water restriction issued by the Department Water and Sanitation relating to this area.

Chief Executive Officer: Vaal Orange Catchment Management Agency (Interim)

Date: 3 July 2024