National Water Act 36 of 1998

The National Water Act provides for the management and protection of water resources in South Africa. Enacted in 1998, it established the National Water Resource Strategy and created a licensing system for water use. The Act addresses water scarcity, water quality, and equitable access to water.

Legal area: Law relating to environmental protection, conservation, and remediation.

Year enacted: 1998

Full text: https://www.gov.za/documents/south-africa-national-water-act-36-of-1998

Key Provisions

• Chapter 1: Fundamental principles including water as a national asset
• Chapter 2: National Water Resource Strategy
• Chapter 3: Water use authorizations and licensing
• Chapter 4: Water services and basic human water needs
• Chapter 5: Water quality management and pollution control
• Section 19: Prohibition on unauthorized water use and pollution

Significance

The National Water Act is a critical statute for water resource management in a water-scarce country. It established the principle that water is a national asset and not owned by landowners. The Act has been applied to address acid mine drainage, water pollution, and equitable access to water.