66 FEATURES
A national water strategy in harmony
Section 6 of the National Water Act requires the strategies, objectives, plans, guidelines and procedures, as well as institutional arrangements described in the National Water Resource Strategy to be within the framework of existing relevant government policy and to support the achievement of certain compulsory standards prescribed under the Water Services Act.
By the Department of Water and Sanitation
“ To support the achievement of certain compulsory specifications as prescribed in the Water Services Act.”
April 2017 Volume 23 I Number 2
Chapter 2 of the National Water Resource Strategy( NWRS) describes some of the principal relationships between the National Water Act( the Act) and other national laws, policies, strategies and programmes, and the co-operative relationships needed to implement the NWRS. South Africa’ s international relationships in water matters are also discussed.
The framework of existing relevant government policy The law that directly relates to water is consolidated into two major acts: the Water Services Act, 1997 and the National Water Act, 1998. The Water Services Act provides the regulatory framework for the provision of water services by local authorities, under the overall oversight of the Minister of Water Affairs and Forestry( the Minister). The Act mandates the Department of Water Affairs and Forestry( the Department) to ensure that all activities relating to water resources management, by whoever they are undertaken, are in accordance with the requirements of the Act. There are, however, many other laws that govern activities that are dependent on water, or which affect water resources. A number of departments in all spheres of government administer these laws.
The Department, in accordance with the Constitution, is committed to co-operating with all spheres of government to achieve the national objectives of equitable and sustainable social and economic development. However, departments cannot co-operate effectively if the policies and laws they administer are in conflict with one another. Accordingly, section 6( 1)( a) of the Act requires, among other things, that the Department’ s strategies and institutional arrangements for water resources management are‘ within the framework of existing relevant government policy’. In preparing the NWRS, the Department examined a number of national policies and laws to determine the extent to which the strategies, objectives, plans, guidelines and procedures, as well as institutional arrangements proposed in the strategy are in harmony with the Act’ s requirement.
The policies and laws examined related to environmental management, coastal management, agriculture, the development and use of land, minerals, mining and energy, waste management, spatial development, housing, health, rural development and urban renewal, disaster management, and local government development. Provincial planning and development legislation were also considered, together with many provincial development strategies as were available.
In general terms, no fundamental conflicts were identified between the proposals in the NWRS for implementing the provisions of the Act and the policies and laws examined. However, it is evident that policy, legislation and development planning do not always take the availability of water into account and that there is an assumption that water can always be made available for any development initiative.
The Department will continue to foster co-operative relationships with relevant departments in all spheres of government to ensure that that the NWA is implemented in harmony with their mandates.
Specific requirements of other national legislation A number of national laws impose specific requirements on the Department and the water management institutions established in terms of the Act, as they carry out their mandates in respect of water resources management.
The Water Services Act, 1997( Act No. 108 of 1997) During the process of reviewing the Department’ s organisational structure, a number of interfaces were
www. plumbingafrica. co. za