TMG Deep Aquifer Pilot Project

THE LEGAL & INSTITUTIONAL SETTING OF GROUNDWATER DEVELOPMENT

This section briefly introduces some of the legislation that applies to groundwater exploration.

The administration of laws and regulations relating to groundwater exploration in the TMG Aquifer is largely shared between the national Department of Water Affairs and Forestry (DWAF) and the Western Cape Department of Environmental Affairs and Development Planning (DEA&DP).

The Constitution, through the Bill of Rights, applies to this project in two important respects - by entrenching the right of everyone to access to water and to an environment that is not harmful to their health or wellbeing. These consitutional imperatives are translated into three laws that variously apply to the integrated management of South Africa's water resources and national environmental legislation.

The National Water Act 36 of 1998

river1 (25K) The National Water Act brought about fundamental reforms in the legal administration of the South Africa's water resources. It declares the national government to be the public trustee of the nation's water resources - including groundwater systems - and prioritises socio-economic and environmental needs.

The National Environmental Management Act 107 of 1998

protea1 (23K) The prime aim of NEMA is to provide for cooperative environmental governance by:

Establishing principles for decision-making on matters affecting the environment (including the public trust, sustainability and precautionary doctrines);

Establishing institutions to promote cooperative governance; and

Establishing procedures for coordinating environmental functions.

NEMA also establishes a general requirement for the authorisation of activities that may significantly affect the environment. Before such an activity is implemented, its potential impact on the environment, socio-economic conditions and cultural heritage must be considered, investigated, assessed and reported to the organ of state charged with allowing the activity.

The Environment Conservation Act 73 of 1989

The Environment Conservation Act provides the statutory basis for regulating scheduled activities by means of Environmental Impact Assessment regulations.

It empowers the Minister of Environmental Affairs and Tourism to identify activities that may have a substantial detrimental affect on the environment. It also stipulates the administrative and technical procedures that must be followed for a scheduled activitity to be authorised. These Environmental Impact Assessment procedures include provisions for the mandatory appointment of independent environmental consultants, environmental scoping, assessment and reporting, and public participation in environmental processes.

Please refer to "Public Consultation" for more information on the process being followed for this project