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

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

3. 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

4. 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.

5. 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.

6. PROGRESS WITH IMPLEMENTATION

7. 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

8. 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

9. 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

10. WHAT HAS WORKED

11. 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

12. 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

13. 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.

14. WHAT HAS NOT WORKED

15. 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

16. 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.

17. 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

18. 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

19. 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

20. 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

21. 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

22. CORRECTIVE STEPS BY THE DEPARTMENT

23. 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

24. 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

25. 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

26. 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

27. ROLL-OUT PLAN FOR CORRECTIVE ACTION

28. 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.

29. 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.

30. 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.

31. 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

32. 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

33. SUMMARY & CONCLUSIONS

34. 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

35. 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

36. 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

37. THANK YOU