SCHEDULE 3
POWERS WHICH MAY BE EXERCISED AND DUTIES TO BE PERFORMED BY CATCHMENT
MANAGEMENT AGENCIES ON ASSIGNMENT OR DELEGATION
[Sections 72, 73 and 151(1)(l)]
Subject to Chapter 2 and sections 72 and 73 of this Act a catchment management agency may exercise any of the powers or perform any of the duties set out in this Schedule and any other powers or duties necessary or desirable in order to ensure compliance with the Act, to the extent that such powers and duties have been assigned or delegated to it, and within the constraints of the assignment or delegation.
| 2. | Power to manage, monitor, conserve and protect water resources and to implement catchment management strategies |
A catchment management agency may—
| (a) | manage and monitor permitted water use within its water management area; |
| (b) | conserve and protect the water resources and resource quality within its water management area; |
| (c) | subject to the provisions of the Act, develop and operate a waterwork in furtherance of its catchment management strategy; |
| (d) | do anything necessary to implement catchment management strategies within its water management area; and |
| (e) | by notice to a person taking water, and after having given that person a reasonable opportunity to be heard, limit the taking of water in terms of Schedule 1. |
| 3. | Catchment management agencies may make rules to regulate water use |
| (1) | A catchment management agency may make rules to regulate water use. |
| (2) | The rules made under subitem (1) may relate, amongst other things, to— |
| (c) | the manner in which; and |
| (d) | the waterwork through which, |
water may be used.
| (3) | A water user must adhere to any such rules which apply to that user. |
| (4) | A rule made under subitem (1) prevails over a conflicting distribution condition contained in any authorisation. |
| (5) | Before making rules a catchment management agency must— |
| (a) | publish a notice in the Gazette— |
| (i) | setting out the proposed rules; |
| (ii) | inviting written comments to be submitted on the proposed rules, |
specifying an address to which and a date before which the comments are to be submitted, which date may not be earlier than 60 days after publication of the notice;
| (b) | consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interested persons, and take those steps which the catchment management agency considers to be appropriate; |
| (c) | consider all comments received on or before the date specified in paragraph (a)(ii); and |
| (d) | consider all applicable conditions for provision of services and bylaws made under the Water Services Act, 1997 (Act No. 108 of 1997), by water services institutions having jurisdiction in the area in question. |
| (6) | After complying with subitem (5), a catchment management agency must— |
| (a) | finalise the rules; and |
| (b) | make it known, in an appropriate manner, that the rules have been finalised and where they may be read; or |
| (c) | deliver or send a copy of the rules to each water user to whom the rules apply. |
| 4. | Catchment management agencies may require establishment of management systems |
| (1) | A catchment management agency may require in writing that a water user— |
| (a) | install a recording or monitoring device to monitor storing, abstraction and use of water; |
| (b) | establish links with any monitoring or management system to monitor storing, abstraction and use of water; and |
| (c) | keep records on the storing, abstraction and use of water and submit the records to the catchment management agency. |
| (2) | If the water user fails to comply with a requirement of subitem (1)(a) or (b), a catchment management agency may undertake the installation or establishment of such links and recover any reasonable cost from that water user. |
| 5. | Catchment management agencies may require alterations to waterworks |
| (1) | A catchment management agency may, by written notice to the owner or person in control of a waterwork, require that person to collect and submit particular information within a period specified to enable the catchment management agency to determine whether that waterwork is constructed, maintained and operated in accordance with the Act. |
| (2) | A catchment management agency may direct the owner or person in control of a waterwork at the owner's own cost and within a specified period, to— |
| (a) | undertake specific alterations to the waterwork; |
| (b) | install a specific device; or |
| (c) | demolish, remove or alter the waterwork or render the waterwork inoperable in a manner specified in the directive. |
| (3) | A catchment agency may only issue such a directive if it is reasonably necessary in order to— |
| (i) | protect authorised uses of other persons; |
| (ii) | facilitate monitoring and inspection of the water use; or |
| (4) | If the owner fails to comply with a directive, the catchment management agency may— |
| (a) | undertake the alterations; |
| (b) | install the device; or |
| (c) | demolish, remove or alter the waterwork or render the waterwork inoperable, and recover any reasonable costs from the person to whom the directive was issued. |
| 6. | Catchment management agencies may temporarily control, limit or prohibit use of water during periods of water shortage |
| (1) | If a catchment management agency on reasonable grounds believes that a water shortage exists or is about to occur within an area it may, despite anything to the contrary in any authorisation, by notice in the Gazette or by written notice to each of the water users in the area who are likely to be affected— |
| (i) | limit or prohibit the use of water; |
| (ii) | require any person to release stored water under that person's control; |
| (iii) | prohibit the use of any waterwork; and |
| (iv) | require specified water conservation measures to be taken. |
| (2) | A notice contemplated in subitem (1) must— |
| (a) | specify the geographical area or water resource to which the notice relates; |
| (b) | set out the reason for the notice; and |
| (c) | specify the date of commencement of the measures. |
| (3) | In exercising the powers under subitem (1), the catchment management agency must— |
| (a) | give preference to the maintenance of the Reserve; |
| (b) | treat all water users on a basis that is fair and reasonable; and |
| (i) | the actual extent of the water shortage; |
| (ii) | the likely effects of the shortage on the water users; |
| (iii) | the strategic importance of any water use; and |
| (iv) | any water rationing or water use limitations by a water services institution having jurisdiction in the area in question under the Water Services Act, 1997 (Act No. 108 of 1997). |
| (4) | If the owner or person in control of a waterwork contravenes a notice issued under subitem (1), the catchment management agency may— |
| (a) | modify, or require the owner of the waterwork to modify the waterwork so that it cannot be used to take more water than that allowed for in the notice; or |
| (b) | remove the waterwork or require the owner to remove the waterwork if the notice contains a prohibition on the use of that waterwork. |
| (5) | A catchment management agency may recover from the owner any reasonable costs incurred by it in acting under subitem (4). |
