NEW CONTROLLED ACTIVITY DECLARED UNDER THE NATIONAL WATER ACT
(Published in GN 999 in GG 39299 of 16 October 2015)
On the 16 October 2015, the Minister of Water and Sanitation, in terms of section 38(1) and (4) of the National Water Act 36 of 1998 declared the following activities to be a controlled activity:
“The exploration and/or production of onshore naturally occurring hydrocarbons that require stimulation, including but not limited to hydraulic fracturing and/or underground gasification, to extract, and any activity incidental thereto that may impact detrimentally on the water resource”
and published a Schedule containing all controlled activities set out in Section 37(1)(a) to (d) and those which have, up to date of the notice, been declared to be controlled activities under section 38(1):
- Irrigation of any land with waste or water containing waste generated through any industrial activity by a waterwork;
- An activity aimed at the modification of atmospheric precipitation;
- A power generation activity which alters the flow regime of a water resource;
- Intentional recharging of an aquifer with any waste or water containing waste;
- The exploration and or production of onshore naturally occurring hydrocarbons that requires stimulation, including but not limited to hydraulic fracturing and or underground gasification, to extract, and any activity incidental thereto that may impact detrimentally on the water resource.
(Controlled activities are also water uses listed under Section 21 of the National Water Act).