Orange–Senqu River Basin Transboundary Diagnostic Analysis
South Africa’s natural resources legislation The National Water Act of 1998 (NWA) establishes the principle that as the public trustee of the nation’s water resources, the national government, acting through the Minister of Water and Environmental Affairs, ensures that water is protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner, for the benefit of all persons and in accordance with its constitutional mandate.
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The South African water management legislation is firmly rooted in the principles of IWRM. The legislation provides for the integration of water resources management with the management of other natural resources through the implementation of a system of water management areas (WMAs) managed by catchment management agencies (CMAs). The National Environmental Management Act of 1998 further provides for integrated resource management. All legislation that affects environmental protection and management must adhere to the principles contained in the Act. The National Water Resource Strategy II (NWRS II; DWA, 2012) further defines the ways in which water resources will be managed. The NWRS II consolidates the number of WMAs from the previously envisaged 19 to 9. The NWA makes provision for the progressive establishment of CMAs within each WMA.
The purpose of the CMAs is to delegate water resources management to the regional or catchment level and to involve local communities in decision-making processes. So far, the establishment of CMAs is significantly behind schedule and only a few CMAs are fully operational. The delay in their establishment is attributed to the lack of capacity in the areas being dealt with, as well as financial constraints (PMG, 2011). Through the consolidation of WMAs, the Orange–Senqu basin in South Africa spans two WMAs, instead of the initial five. The new WMAs under NWRS II are the Orange River WMA and the Vaal River WMA. CMAs are not yet operational in these WMAs. Table 41: Overview of main natural resources management legislation, South Africa Water resources
Land
Biodiversity
CC mitigation and adaptation
National Water Act (1998)
Development Facilitation Act (1995)
Water Services Act (1997)
Conservation of Agricultural Resources Act (1983)
National Environmental Management: Protected Areas Act (2003)
National Environmental Management Act: Air Quality Act (2004)
National Environmental Management: Biodiversity Act (2004)
Climate Change Response Strategy (2004)
National Environmental Management Act (1998)
National Veld and Forest Fire Act (1998)
Mountain Catchment Areas Act (1970)
Physical Planning Acts (1965, 1991) Fertilisers, Farm Feeds, Agricultural Remedies Act (1947)
Environmental Impact Assessment Regulations The National Forests Act (1998)