PRESENTATION TITLE

Presented by:

Name Surname

Directorate

Date

Section 21 (c) or (i) Water Use

Authorisation

Revised GA 509 26 Aug 2016

Wietsche Roets (PhD)(Pr.Sci.Nat)

Specialist Scientist: IWU Nov 2016

2

Protected

Used

Controlled

Managed

Conserved

Developed In a sustainable

and equitable

manner, for the

benefit of all

Legal Framework

National Water Act, 1998

(Act 36 of 1998)

Resource Quality Characteristics

Resource quality = Characteristics

Resource Quality:

1. the quantity, pattern, timing, water level and assurance of instream flow;

2. the water quality, including the physical, chemical and biological characteristics of the water;

3. the character and condition of the instream and riparian habitat; and

4. the characteristics, condition and distribution of the aquatic biota.

Geomorphological

Geomorphological processes

• Rivers migrate

naturally

• Erosion and

deposition

• Hydraulic sorting

• Flow – sediment

Equilibrium

• River make-up

4

5

S21(a) Taking water from a water resource

S21(b) Storing water

S21(c) Impeding or diverting the flow of water in a watercourse

S21(d) Engaging in a stream flow reduction activity

S21(e) Engaging in a controlled activity

S21(f) Discharging waste or water containing waste into a water resource through a

pipe, canal, sewer or other conduit

S21(g) Disposing of waste in a manner which may detrimentally impact on a water

resource

S21(h) Disposing in any manner of water which contains waste from, or which has been

heated in, any industrial or power generation process

S21(i) Altering the bed, banks, course or characteristics of a watercourse

S21(j) Removing, discharging or disposing of water found underground for the

continuation of an activity or for the safety of persons

S21(k) Using water for recreational purposes

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

S21 Water Uses

6

Water Resource vs. Watercourse

Watercourse

• A river;

• A spring;

• A natural channel in which water flows regularly or intermittently;

• A wetland; lake or dam into which, or from which, water flows; and

• Any collection of water which the Minister may, by notice in the Gazette, declare to be a watercourse, and a reference to a watercourse include, where relevant, its bed and banks.

WETLANDS - Types

• Hydro geomorphic (HGM) classification system classifies wetlands according

– Form (geomorph-characteristics)

– The way in which water moves in, through and out of the wetland system (hydro-characteristics)

Floodplain

• HGM classification system recognises 5 generic palustrine wetland types, namely:

– Pans and depressions including lakes;

– Seepage wetlands;

– Unchannelled valley bottoms;

– Channeled valley bottoms; and

– Floodplains.

Pan

Hydrological function likely to be performed by a wetland according to hydro-geomorphic type

8

Groundwater

9

What are not Watercourses

Groundwater

Canal Estuary

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Extent of a Watercourse

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Extent of a Watercourse

Extent and ‘Regulated Area’ =

Outer edge of the Riparian habitat / 1:100

flood line (whichever is greatest)

‘Regulated Area’ =

Within 500 m radius from the

boundary (extent) of a wetland

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Riparian zone

1:100 floodline

Extent of watercourse

WETLANDS - Definition

• Land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water

• Supports vegetation typically adapted to life in saturated soil

14

EC

OS

YS

TE

M D

RIV

ER

S

EC

OS

YS

TE

M R

ES

PO

NS

E

IMPACT RECEPTOR

Flow regime/Flow

Water quality

Geomorphology

Habitat

Biota

IMPACT RECEPTOR Cause modification/risk

Activity can impact on any of the ecosystem drivers or responses and this will have a

knock-on effect on potentially all the other drivers and or responses

This will impact on ecosystem services provided

Ecosystem services

WULA and EIA must provide mitigation for these impacts

EC

OS

YS

TE

M P

roc

es

s, p

atte

rn, c

on

ne

ctiv

ity e

tc.

Water in the landscape

TWO IMPORTANT Continuums of water flow in

the landscape

15

16

MINING CHANGES THE LANDSCAPE NOT JUST LAND USE

Pan Valley

bottom

wetland

River

Water

table

Hillslope

seapage

wetland Interflow

17

Different water sources at different depths

Pan

Valley bottom

wetland

River

Water table

Hillslope

seapage wetland

C B

E

D A

F

G

H

Groundwater

Soil

Prof P le Roux UFS

Interflow generation

Hydropedology - interflow

Different soil types have specific hydrological properties

• Recharge soils

• Interflow soils

– Deep

– Shallow

• Responsive soils

– Wetland soils

– Shallow soils on impermeable material (hard rock, hardpan

carbonate, prismacutanic B)

Prof P le Roux UFS

Weeks

Months

Seasons

Prof P le Roux UFS

Interflow flow paths and time frames

Figure 2: Wetlands within the site

© Wetland Consulting Services (Pty) Ltd 2013

Relict wetland system – heavily cultivated

– no clearly defined signs of wetness on

the aerial imagery

© Wetland Consulting Services (Pty) Ltd 2013

Basic components

of river systems

River continuum All rivers form a continuous longitudinal ecosystem

being progressively and continuously modified downstream from their headwaters to the sea

River reaches Characteristics of diff river reaches (physical,

chemical, biological)

Mountain streams - Heterotrophic (detritus base)(allochthonous input)

Down stream – autotrophic (production)(autochthonous organic material)

25

Basic

components of

river systems

26

Basic components of river systems

Nutrient spiraling hypothesis

27

Characteristics of a Watercourse

Interconnectedness and Dependencies

Land Use

Water Quality Flow Regime Habitat

(Physical Structure)

Habitat

(Vegetation)

Biota - fish and

aquatic invertebrates

Habitat – riparian

CATCHMENT AND

ATMOSPHERE

SYSTEM DRIVERS

HABITAT

BIOLOGICAL

RESPONSES

Geomorphological

(Sediments)

What constitute 21 c + i water uses

Any activity that has the potential

to pose a RISK to the resource

quality characteristics:

28

Resource Quality

Resource quality = Characteristics

Geomorphological

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• How to assess impacts

Nature Extent Magnitude Duration Probability Significance

• Impact mitigation

Impacts associated with

S21(c) & (i) Water Use

Planning

Construction

Operation

Decommissioning

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Information requirements - WHY • Master layout plan

• Delineated wetland or flood line

• Method statement

• Design drawings

• Impact assessment report/ risk

assessment

• Storm water management plan

• Environmental Management Plan (EMP or

EMPR)

• Rehabilitation plan

• Monitoring Plans 32

Proposed Site

Poor map

Proposed Site

[26º00’51.51”S; 27º58’16.41”E]

Road Bridge

Pipe Bridge

35

36

Administrative

Process

Technical

Process

Water Use Authorisation

Step 1: Understanding the Watercourse

Location, Type, Characteristics, Context (other land and water

uses and their impacts), Extent (delineation)

Step 2: Understanding the Water Use

Design, Implementation Plan (phases from planning to

decommissioning)

Step 3: Understanding the Impacts of the Water Use and

the proposed Mitigation Measures

Cause and Effect description (nature, extent, magnitude,

duration, probability, significance), Risk Assessment,

Alternatives

Step 4: Understanding the Change in the Watercourse after

Mitigation

(Caused by water use individually and cumulative – refer

Context)

Step 5: Understanding the proposed Compliance

Monitoring and Performance Management System

Step 6: Considering Step 4, 5 and 1a, Prepare

Recommendation

Is this change acceptable (Step 4)?

Is the proposed management system sufficient/efficient enough

(Step 5)?

Will DWAF’s management objectives be met (Step 1a)?

Step 1a:

Understanding the

‘Management

Objectives’

RDM documentation –

PES, REC, Eco-

specifications,

preliminary RQOs etc.

Water Use Licence Application Process

37

38

Step 1: Understanding the Watercourse

Location, Type, Characteristics, Context (other land and water

uses and their impacts), Extent (delineation)

Step 2: Understanding the Water Use

Design, Implementation Plan (phases from planning to

decommissioning)

Step 3: Understanding the Impacts of the Water Use and

the proposed Mitigation Measures

Cause and Effect description (nature, extent, magnitude,

duration, probability, significance), Risk Assessment,

Alternatives

Step 4: Understanding the Change in the Watercourse after

Mitigation

(Caused by water use individually and cumulative – refer

Context)

Step 5: Understanding the proposed Compliance

Monitoring and Performance Management System

Step 6: Considering Step 4, 5 and 1a, Prepare

Recommendation

Is this change acceptable (Step 4)?

Is the proposed management system sufficient/efficient enough

(Step 5)?

Will DWAF’s management objectives be met (Step 1a)?

Step 1a:

Understanding the

‘Management

Objectives’

RDM documentation –

PES, REC, Eco-

specifications,

preliminary RQOs etc.

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• Water for basic household needs (e.g. reasonable domestic use, gardening) Schedule 1

• Any lawful use of water authorised by or under any law during the period: 1 Oct 1996 - 30 Sept 1998 ELU

GA

Licencing • Authorisation of higher risk activities, subject to certain conditions and a validity period

• Applies to certain limits, conditions, and areas

S22(3) • DWAF can only dispense requirements if satisfied

that purpose of NWA will be met by another piece of legislation and authority.

Schedule 1

GA

Licencing S22(3)

RIS

K

Minimal / no risk

Low risk

Medium - high risk

Re

so

urc

es, rig

ou

r o

f in

ve

stig

atio

ns,

info

rma

tion

re

qu

ire

me

nts

~ Risk and Effort

N/A

GA’s and Future Alignment

• GA 1199 replaced by GA 509 26 August 2016

• Risk Assessment Matrix to determine Entitlement

• GA’s now possible within 500m of wetlands

• Table of Catchments excluded - removed

• Maintenance and Emergencies are included

• River Management Plans are included

• Rehabilitation – not contemplated in GA1198

• Appendix D1 and D2 lists activities GA’d

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43

OLD GA1199 (2009) NEW GA 509 (2016)

No GA within 500 m from wetlands GA’s possible anywhere – decided by

Risk Matrix as standardised method for

determining risk to resource quality

No GA in certain catchments listed Table with catchments removed – GA’s

possible anywhere in SA

No provision for maintenance Maintenance on ELU can be GA

No provision for rehabilitation (only

GA1198)

Rehab other than that contemplated in

GA1198 (WfW) can be GA

No provision for River or Storm Water

Management plans

River or Storm Water plans approved by

DWS can be implemented as GA

No Provision for Emergencies Emergencies can be handles ito

Emergency Protocol and is a GA

No provision for specific activities like

State Owned Companies and others

Specific activities were GA’s outright

only have to comply to conditions

GA’s and Future Alignment

Mainly aimed at taking LOW Risk activities out

of mainstream licencing – focus on

Compliance Monitoring

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Sections in GA

• Definitions

• Validity period

• Exclusions

• Who it applies to

• Guidelines

• Assistance to HDI and Illiterate people

• Conditions

• Appendixes

• Rehabilitation of wetlands as contemplated in GA 1198 of 2009

• Activities within regulated area where risk is medium or high

• When an application is made for a WUL for authorisation of any other water use as defined in S21

• Where storage of water results from the impeding or diverting of flow or altering the bed, banks, course or characteristics of the watercourse

• Construction, installation or maintenance of any sewerage pipelines, pipelines carrying hazardous materials & raw WTW and WWTW

• May on that property or land –

• exercise the section 21 (c) or (i) water use activities set out in Appendix

D1 subject to the conditions of this authorization (Appendix D1);

• use water in terms of section 21(c) or (i) water uses if it has a LOW risk

class as determined through the Risk Matrix (Appendix A). This Risk

Matrix must be completed by a suitably qualified SACNASP professional

member;

• do maintenance work associated with their section 21(c) or (i) Existing

Lawful Use that has a LOW risk class as determined through the Risk

Matrix (Appendix A), This Risk Matrix must be completed by a suitably

qualified SACNASP professional member;

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• conduct river and storm water management activities as contained in a

river management plan (Appendix B);

• conduct rehabilitation of wetlands (read together with General

Authorisation 1198 published in Government Gazette 32805 dated 18

December 2009) or rivers where such rehabilitation activities has a

LOW risk class as determined through the Risk Matrix (Appendix A).

This Risk Matrix must be completed by a suitably qualified SACNASP

professional member;

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• conduct emergency work arising from an emergency situation and or

incident associated with the persons’ existing water use entitlement,

provided that all work is executed and reported in the manner

prescribed in the Emergency Protocol (Appendix C).

• All State Owned Companies (SOC’s), and other institutions specified

in Appendix D2 having lawful access to that property or land may on

that property use water in terms of section 21(c) or (i) as specified

under each of the relevant SOC’s and other institution (Appendix D2).

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• Submit the relevant registration forms to the responsible authority

• Certificate of registration to be issued to the water user within 30 days of the submission

• On written receipt of the registration certificate from DWS, the person will be regarded as a water user and only then can commence with the water use

• Important to keep records

• Records must be kept for a minimum of 5 years

• It must be made available to the responsible authority upon written request

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Any person ACTIVITY

Farmers and any other land

owners

Emergency river crossings for

vehicles to gain access to livestock,

crops or residences etc.

Any landowner Maintenance to private roads and

river crossings provided that footprint

remains the same and the road is

less than 4 m wide.

Any landowner Erection of fences provided that the

fence will not in any way impede or

divert flow, or affect resource quality

detrimentally in the short, medium to

long term.

Appendix D1

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SOC’s, INSTITUTION or

Individual

ACTIVITIES

ESKOM and other

institutions

Construction of new transmission and distribution power lines, and minor maintenance of roads, river

crossings, towers and substations where footprint will remain the same.

SANPARKS and

provincial conservation

agencies

All bridges, low water bridge crossings and pipe lines below 500 mm in diameter.

SANRAL and other

provincial Departments

of Transport or

municipalities.

All maintenance of bridges over rivers, streams and wetlands and new construction of bridges done

according to SANRAL Drainage Manual or similar norms and standards.

TRANSNET and other

institutions

All 1.5 meter diameter and smaller pipe lines (except pipelines excluded in terms of this Notice -

paragraph 3 (e)) and maintenance of railway line crossings of rivers and wetlands outside the boundary

of a wetland.

Gautrain Management

Agency

Maintenance of existing infrastructure and expansion to crossings of rivers within the existing servitude.

TELKOM and other

communication

companies

All cables crossing rivers and wetland outside delineated wetland boundary.

RAND WATER and

other water boards

All raw water 1.5 meter diameter and smaller pipe lines crossings river and wetlands outside delineated

wetland boundary.

Municipalities and

other institutions.

Mini-scale hydropower developments with a maximum capacity of 10kW – 300kW.

(Read together with General notice 665 of 6 Sept 2013 General Authorisation section 21 (e) or as

amended) These hydropower plants will provide basic, non-grid electricity to rural communities and

agricultural land and must in no way affect the flow regime, flow volume and/or water quality including

temperature.

Appendix D2

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Risk Assessment Matrix Severity

No. Phases Activity Aspect Impact Flow

Regime

Physico

&

Chemical

(Water

Quality)

Habitat

(Geomorph+Vegetatio

n)

Biota Severity

1

Severity Spatial

scale

Duratio

n

Consequence Frequenc

y of

activity

Frequenc

y of

impact

Legal

Issues

Detectio

n

Likelihoo

d

Significance Risk

Rating

L

Risk

Rating

Confidence

level

Control Measures Borderline LOW

MODERATE Rating

Classes

PES AND EIS OF

Watercourse

L

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RATING CLASS MANAGEMENT DESCRIPTION

1 – 55 (L) Low Risk

Acceptable as is or consider requirement for mitigation. Impact to watercourses and resource quality small and easily mitigated. Wetlands may be excluded.

56 – 169 M) Moderate Risk

Risk and impact on watercourses are notably and require mitigation measures on a higher level, which costs more and require specialist input. Wetlands are excluded.

170 – 300 (H) High Risk

Always involves wetlands. Watercourse(s) impacts by the activity are such that they impose a long-term threat on a large scale and lowering of the Reserve.

Thank you!