1 Government Water Works: Access and Use RMP and PPP Workshop 28 September 2011

2 NWA: Authorisation of Recreational Use Recreational water use (a listed water use under section 21) is authorised under Schedule 1 and provides that (subject to the Act) for recreational purposes, That a person may “use the water or the water surface from any water resource to which that person has lawful access…” No additional authorisations in terms of Chapter 4 of the Act (ie General Authorisations or licensing applies). Therefore the only control is the provision of lawful access. To ensure the objectives of the Act is met, such access should be planned for and provided through the Resource Management Plan (as per the Policy)

3 SectionPowers and DutiesPresent Delegation Delegated to Whom Proposed amendment of Delegation 113(1)To determine the conditions and the persons to whom the water of a government waterworks and the surrounding state-owned land may be available to for recreational purposes Setting of policy and overall conditions: Chief Director: Water Use Approval of Sustainable utilisation plans: Cluster Manager Setting of policy and overall conditions: Chief Director: Water Use Approval of Resource Management Plans: Chief Director: Operations 113(2)To control or prohibit access to any government waterworks and To determine reasonable charges for entry and use of any water surface or land Regional Director Chief Financial Officer Director: Operational Cluster Chief Financial Officer Section 113 Access to and use of government waterworks for recreational purposes

4 NWA: Disposal of government waterworks Section 115 (1) provides that the Minister may transfer, sell or otherwise dispose of any Government Water Works to any. -Disposal includes sell, exchange, donate or lease. -This authority has not been delegated -The Department on regular occurrences enter into caretaker agreements and lease agreements and it has been recommended that consideration be given to amend the delegations of section 115 as indicated below in Table 2 and that the Chief Director: Operations be delegated to enter into caretaker agreements for non-commercial purposes such as grazing in exchange for certain maintenance activities on the private parties behalf. -As per Treasury Regulations for PPPs these have to be signed of by the Accounting Officer and it is recommended for lease agreements (essentially PPPs) as well as that for future tourism PPPs the delegation to dispose of State land through PPPs be delegated to the Accounting Officer (DG)

5 SectionPowers and DutiesPresent Delegation Delegated to Whom Proposed amendment of Delegation 115(1)To transfer, sell or otherwise dispose of any government waterworks to any person Not delegatedEntering into caretaker agreements: CD: Operations Entering into Public Private Partnerships (PPPs) through lease agreements or Tourism PPPs:Accounting Officer Any other mechanisms of disposal: not delegated Section 115 Disposal of GWWs Power of Attorney, April 1999

6 Regulation 654 Gazetted in terms of section 70 (b), (c) and (j) of the Water Act, 1964 Still remain in force, until specifically repealed (section 163(4) of the Act) and is considered to have been made under the NWA to the extent that it is not inconsistent with the NWA and until it is repealed by the Minister under the NWA. R654 apply to government dams and surrounding state- owned land and govern control over and and water of Government Water Works (GWWs), access for recreational use such as accommodation, camping etc. The authority in terms of these Regulations is the Minister and this authority has not been delegated…Regulations