IMPLEMENTATION REVIEW OF THE Deputy Director General: NATIONAL WATER ACT Act 36 of 1998 Deputy Director General: Policy and Regulation 22 OCTOBER 2008

PROGRESS TO DATE WHAT HAS WORKED WHAT HAS NOT WORKED CORRECTIVE STEPS ROLL-OUT PLAN FOR IMMEDIATE CORRECTIVE STEPS SUMMARY AND CONCLUSIONS

CONTENTS Progress made to date What has worked? What has not worked? Corrective steps by the Department Roll-out Plan for Corrective Action Summary and Conclusions

RATIONALE FOR THE NATIONAL WATER ACT; 36 OF 1998 To provide for fundamental reforms of the law relating to water resource in South Africa. To enable the management of water as a unitary; inter-dependent cycle. To ensure the equitable allocation of water for beneficial use; its redistribution and international water matters. To promote the sustainable use of water for the benefit of all users.

RATIONALE FOR THE NATIONAL WATER ACT; 36 OF 1998 Ensure the Integrated management of all aspects of Water Resources and where possible delegate to the catchment level to allow for local participation To take the sector into a more defined institutional model NB: The Act is hailed as one of the best in the world and all that need to be done is to ensure its effective implementation to benefit all South Africans.

PROGRESS WITH IMPLEMENTATION

IMPLEMENTATION OF THE ACT The National Water Resources strategy was approved after thorough consultation with stakeholders, and published in 2004. Considerable participation pertaining to the various aspects of the implementation of the NWA was achieved Increased awareness and implementation of water conservation and demand management among stakeholders Greater involvement of stakeholders in the establishment process of Water Management Institutions

IMPLEMENTATION OF THE ACT National Water Resource Infrastructure Agency: Bill presented to cabinet and parliament – Process being consulted with Nedlac Water Pricing strategy has been developed with the full participation of all water users, gazetted and is being implemented and will further be reviewed Improved information availability around the state of water resources in our catchments, all historical information on water resources is now available to the public, research institutions and others on internet and on demand Classification system for the reserve and the resource is about to be finalized and considerable Reserve Determinations completed

IMPLEMENTATION OF THE ACT Draft Water Allocation Reform strategy completed and implementation progressed in pilot areas Long-term planning of the resource finalized with the full participation of all stakeholders 2 operational Catchment Management Agencies, plus a further 6 established through participative processes Transformed 30% of Irrigation Boards into Water User Associations National Water Advisory Council is functional and advising the Minister on matters of Water Resource Management

WHAT HAS WORKED

WHAT HAS WORKED The Act has generated a lot of enthusiasm around the world and Southern Africa in general The Department has been invited to symposiums and seminars around the world to share this world-class piece of legislation, and SA has hosted several international water management events The National Water Resource Strategy generated enthusiasm among the stakeholders. It has led to the Water for Growth and Development. Some WMIs have been delegated the responsibility of collecting revenue on water use charges which has significantly improved water revenue

WHAT HAS WORKED Key users (e.g. ESKOM) signed MoU on the conservation and demand management of water SADC has started to use DWAF’s water resources management principles The department receives about 20 visits per annum from different countries to learn about the implementation of the Act The World Commission on Dams has been using the SA experience as a lesson for other countries around the sustainable construction of dams with the involvement of their own communities

WHAT HAS WORKED Information on the status of water in our rivers and dams is readily available Water pricing policies were finalized and agreed to by stakeholders during 2005 and are being implemented The augmentation of schemes throughout the country is under way e.g. the construction of the Berg Dam, Flag Boshielo, De Hoop Dam, etc.

WHAT HAS NOT WORKED

WHAT HAS NOT WORKED The regulation to support the implementation of the Act has not been integrated. The Water Allocation Reform programme is lagging behind and this has resulted in redress and equity not being effectively achieved The establishment of WMIs has been delayed due to uncertainties around the future and transfer of staff Challenges with developing a sound asset data base for all the WR infrastructure in the country

WHAT HAS NOT WORKED Not clearly defined the roles and responsibilities around asset maintenance and operation by the various WMIs Delegation of functions and responsibilities between the various WMIs has not yet been finalized The capacity of the department is a serious concern and a number of skilled people continue to leave, albeit remaining within the sector.

WHAT HAS NOT WORKED The issuing of water licensing has been a long and complex process Recognition of the importance of WUAs due to lack of transformation has always been a problem Have not had a strong communication and marketing strategy (especially for water resources management) Generally water resources management is completely under resourced

CASE STUDY - VAAL SYSTEM Illegal Water Abstraction Unlawful abstraction puts system currently in deficit Losses equivalent to LHWP 1B (Mohale Dam). 100 litres per month per household for 8.5 million households. Deficit masked by good rainfall previous season DWAF is very weak in enforcement efforts

OTHER CHALLENGES Main sources of impact on water quality are: discharge of urban and industrial effluent to rivers high salinity irrigation return flows wash-off (run-off) and leachate from mining operations (Acid mine drainage) wash-off (run-off) from areas with insufficient sanitation (dense settlements) Climate change Discharges from Municipal Waste Water Treatment Plant

DRINKING WATER QUALITY Under-budgeted and under-resourced function in many municipalities Poor water quality impacts on people’s lives, particularly those with low immune systems Monitoring and reporting improving but still inadequate Many rural water schemes and small schemes not monitored at all

WATER SERVICES INFRASTRUCTURE Ageing, poorly maintained infrastructure leading to increased failures Lack of investment in refurbishment Poorly managed waste water and sewage infrastructure leading to pollution VIPs get full, leaving households without functioning toilets Bulk infrastructure not sufficient for growing demand

CORRECTIVE STEPS BY THE DEPARTMENT

CORRECTIVE STEPS BY THE DEPARTMENT Compliance, Monitoring and Enforcement strategies are being strengthened Regulatory framework for the entire water value chain is being developed and will be finalized by March 2009 The number of WMIs are being reduced and their reporting lines being streamlined Delegation of collecting revenue at water management institutions level is being addressed

CORRECTIVE STEPS BY THE DEPARTMENT The asset register base for all the water resources infrastructure will be completed by 2009 The separation of the main account and the trading account are being ring-fenced The broad principles around the transfer of staff and assets to water management institutions are being negotiated with the Unions

CORRECTIVE STEPS BY THE DEPARTMENT National Water Resource Strategy will be reviewed during the course of 2009 The Water Allocation Reform is being piloted in the some catchments e.g. Inkomati, uMhlathuze, Jan Dissels Oversight of WMIs is being strengthened The NWA is being reviewed to enhance its implementation

CORRECTIVE STEPS BY THE DEPARTMENT Contracts and MoUs are being reviewed with water users to increase conservation and water demand management, and improve oversight and regulation Water Use Licensing process finalized and thoroughly consulted with stakeholders Improved communication strategy to profile water resource management Strengthen the augmentation of main account for sustainable water resource management

ROLL-OUT PLAN FOR CORRECTIVE ACTION

COMPLIANCE AND ENFORCEMENT Sufficient funding for development of a strong Compliance, Monitoring and Enforcement function Prevent and control unlawful raw water use and pollution Discuss with National Treasury and Asset Forfeiture Unit the possibility of retaining assets seized during action against illegal water users. NEMA (Act) being amended to give powers to appoint DWAF officials as Inspectors to enforce compliance under both NEMA and the National Water Act.

REGULATION AND COMPLIANCE IN WATER SERVICES DWAF to determine appropriate institutional arrangements for water services regulation, including institutional arrangements for national regulator revision of Water Services Authority (WSA) and Water Services Provider (WSP) functions to take into account de facto lack of separation of functions between the two. DWAF to strengthen drinking water quality regulation through strengthening of current capacity.

DRINKING WATER QUALITY Where appropriate, Water Boards to: assist in monitoring drinking water quality assist to audit the results submitted by municipalities on drinking water quality, or Act as WSP on behalf of a WSA. DWAF and NT to investigate ways to incentivise municipal asset management and sufficient budgeting for drinking water quality management and monitoring.

ISSUES FOR THE SECTOR Long time lines for establishing new infrastructure Water Conservation and Demand management (e.g. review irrigation technologies) Effluent re-use in coastal cities Unlawful water use – Vaal system

ISSUES FOR THE SECTOR Water scarcity in economic heartland of South Africa Gauteng and Mpumalanga Highveld Lephalale Coal Fields Inland water should be reserved for inland water use? Local resources, e.g. groundwater and seewater need greater emphasis Dealing with pollution

SUMMARY & CONCLUSIONS

SUMMARY AND CONCLUSIONS National Water Act is a solid legislation acclaimed the world over As a principle we need to fact track the implementation of the NWA Regulatory Framework for the entire water value chain needs to be urgently put in place Alignment and common vision is critical for the entire water sector Stabilise institutional models and fast track delegations to institutions to adhere to the intent of the NWA Department of Water Affairs and Forestry

SUMMARY There is enough water resources There is a need to address challenges i.e. pollution, illegal water abstraction Institute water conservation and demand management Need to deal with causes for failures in DWQ

SUMMARY Municipalities will play a key role in both water supply and ensuring the DWQ standards - hence Municipal Indaba Need to deal with the issues of broadening access to water for the rest of South Africans Need to invest in new infrastructure as well as Operation and Maintenance Need to deal with the skills challenges Need to broaden the water-mix

THANK YOU