Section 21 (c) or (i) Water Use - Microsoft

1 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)( ) 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: quantity, pattern, timing, Water level and assurance of instream flow; Water quality, including the physical, chemical and biological characteristics of the Water ; character and condition of the instream and riparian habitat; and 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)

2 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.

3 Pan Hydrological function likely to be performed by a wetland according to hydro-geomorphic type 8 Groundwater9 What are not Watercourses Groundwater Canal Estuary 10 Extent of a Watercourse 11 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 12 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 ECOSYSTEM DRIVERS ECOSYSTEM RESPONSE 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 ECOSYSTEM Process, pattern, connectivity etc.

4 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)

5 25 Basic components of river systems 26 Basic components of river systems Nutrient spiraling hypothesis 27 Characteristics of a Watercourse Interconnectedness and Dependencies Land UseWater QualityFlow RegimeHabitat (Physical Structure)Habitat (Vegetation)Biota -fish and aquatic invertebratesHabitat riparianCATCHMENT AND ATMOSPHERESYSTEM DRIVERSHABITATBIOLOGICAL RESPONSESG eomorphological (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 30 How to assess impacts Nature Extent Magnitude Duration Probability Significance Impact mitigation Impacts associated with S21(c) & (i) Water Use PlanningConstructionOperationDecommissio ning31 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 [26 00 S.]

6 27 58 E] Road Bridge Pipe Bridge 35 36 Administrative Process Technical Process Water Use Authorisation Step 1: Understanding the WatercourseLocation, Type, Characteristics, Context (other land and Water uses and their impacts), Extent (delineation)Step 2: Understanding the Water UseDesign, Implementation Plan (phases from planning to decommissioning)Step 3: Understanding the Impacts of the Water Use and the proposed Mitigation MeasuresCause and Effect description (nature, extent, magnitude, duration, probability, significance), Risk Assessment, AlternativesStep 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 SystemStep 6: Considering Step 4, 5 and 1a, Prepare RecommendationIs this change acceptable (Step 4)?

7 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, Use Licence Application Process 37 38 Step 1: Understanding the WatercourseLocation, Type, Characteristics, Context (other land and Water uses and their impacts), Extent (delineation)Step 2: Understanding the Water UseDesign, Implementation Plan (phases from planning to decommissioning)Step 3: Understanding the Impacts of the Water Use and the proposed Mitigation MeasuresCause and Effect description (nature, extent, magnitude, duration, probability, significance), Risk Assessment, AlternativesStep 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 SystemStep 6.

8 Considering Step 4, 5 and 1a, Prepare RecommendationIs 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, Water for basic household needs ( 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) RISK Minimal / no risk Low risk Medium - high risk Resources, rigour of investigations, information requirements ~ 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 42 43 OLD GA1199 (2009) NEW GA 509 (2016)

9 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 44 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

10 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; 48 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).