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小 发表于 2007-6-5 09:32 只看该作者
《南非共和国水法》(英文版)
引用:PREAMBLE
Recognising that water is a scarce and unevenly distributed national resource which occurs in many different forms which are all part of a unitary, inter-dependent cycle;
Recognising that while water is a natural resource that belongs to all people, the discriminatory laws and practices of the past have prevented equal access to water, and use of water resources;
Acknowledging the National Government's overall responsibility for and authority over the nation's water resources and their use, including the equitable allocation of water for beneficial use, the redistribution of water, and international water matters;
Recognising that the ultimate aim of water resource management is to achieve the sustainable use of water for the benefit of all users;
Recognising that the protection of the quality of water resources is necessary to ensure sustainability of the nation's water resources in the interests of all water users; and
Recognising the need for the integrated management of all aspects of water resources and, where appropriate, the delegation of management functions to a regional or catchment level so as to enable everyone to participate; 引用:INDEX
CHAPTER 1: INTERPRETATION AND FUNDAMENTAL PRINCIPLES
1. Definitions and interpretation
2. Purpose of Act
3. Public trusteeship of nation's water resources
4. Entitlement to water use
CHAPTER 2: WATER MANAGEMENT STRATEGIES
Part 1: National water resource strategy
5. Establishment of national water resource strategy
6. Contents of national water resource strategy
7. Giving effect to national water resource strategy
Part 2: Catchment management strategies
8. Establishment of catchment management strategies
9. Contents of catchment management strategy
10. Guidelines for and consultation on catchment management strategies
11. Giving effect to catchment management strategies
CHAPTER 3: PROTECTION OF WATER RESOURCES
Part 1: Classification system for water resources
12. Prescription of classification system
Part 2: Classification of water resources and resource quality objectives
13. Determination of class of water resources and resource quality objectives
14. Preliminary determination of class or resource quality objectives
15. Giving effect to determination of class of water resource and resource quality objectives
Part 3: The Reserve
16. Determination of Reserve
17. Preliminary determinations of Reserve
18. Giving effect to Reserve
Part 4: Pollution prevention
19. Prevention and remedying effects of pollution
Part 5: Emergency incidents
20. Control of emergency incidents
CHAPTER 4: USE OF WATER
Part 1: General principles
21. Water use
22. Permissible water use
23. Determination of quantity of water which may be allocated by responsible authority
24. Licences for use of water found underground on property of another person
25. Transfer of water use authorisations
26. Regulations on the use of water
Part 2: Considerations, conditions and essential requirements of general
authorisations and licences
27. Considerations for issue of general authorisations and licences
28. Essential requirements of licences
29. Conditions for issue of general authorisations and licences
30. Security by applicant
31. Issue of licence no guarantee of supply
Part 3: Existing lawful water uses
32. Definition of existing lawful water use
33. Declaration of water use as existing lawful water use
34. Authority to continue with existing lawful water use
35. Verification of existing water uses
Part 4: Stream flow reduction activities
36. Declaration of stream flow reduction activities
Part 5: Controlled activities
37. Controlled activity
38. Declaration of certain activities as controlled activities
Part 6: General authorisations
39. General authorisations to use water
Part 7: Individual applications for licences
40. Application for licence
41. Procedure for licence applications
42. Reasons for decisions
Part 8: Compulsory licences for water use in respect of specific resource
43. Compulsory licence applications
44. Late applications
45. Proposed allocation schedules
46. Preliminary allocation schedule
47. Final allocation schedules
48. Licences replace previous entitlements
Part 9: Review and renewal of licences, and amendment and
substitution of conditions of licences
49. Review and amendment of licences
50. Formal amendment of licences
51. Successors-in-title
52. Procedure for earlier renewal or amendment of licences
Part 10: Contravention of or failure to comply with authorisations
53. Rectification of contraventions
54. Suspension or withdrawal of entitlements to use water
55. Surrender of licence
CHAPTER 5: FINANCIAL PROVISIONS
Part 1: Water use charges
56. Pricing strategy for water use charges
57. Application of pricing strategy
58. Recovery of water use charges
59. Liability for water use charges
60. Water use charges are charges on land
Part 2: Financial assistance
61. Financial assistance by Minister
62. Regulations on financial assistance
CHAPTER 6: GENERAL POWERS AND DUTIES OF MINISTER
AND DIRECTOR-GENERAL
Part 1: Delegation, directives, expropriation, condonation and additional powers
63. Delegation of powers by Minister
64. Expropriation of property
65. Expropriation for rehabilitation and other remedial work
66. Condonation of failure to comply with time period
67. Dispensing with certain requirements of Act
68. Intervention in litigation
Part 2: General provisions regarding regulations
69. Making of regulations
70. Consideration of regulations
71. Rejected regulations
Part 3: Powers relating to catchment management agencies
72. Powers and duties of catchment management agencies vest in Minister in certain circumstances
73. Assignment of powers and duties to catchment management agencies
74. Directives to water management institutions
Part 4: Powers of Director-General
75. Delegation of powers by Director-General
76. Appointment of persons on contract
CHAPTER 7: CATCHMENT MANAGEMENT AGENCIES
Part 1: Establishment and powers of catchment management agencies
77. Proposal for establishment of catchment management agency
78. Procedure for establishment of catchment management agencies
79. General powers and duties of catchment management agencies
80. Initial functions of catchment management agencies
Part 2: Governing board of catchment management agencies
81. Appointment of governing board of catchment management agency
82. Chairperson, deputy chairperson, chief executive officer and committees of catchment management agency
83. Removal of members from governing board
Part 3: Operation of catchment management agency
84. Funding of catchment management agencies
85. Documents relating to litigation
86. Delegation of powers by catchment management agency
Part 4: Intervention, disestablishment or change of water management
areas of catchment management agencies
87. Intervention by Minister
88. Disestablishment of catchment management agency
89. Transfer of assets and liabilities after change of water management area or disestablishment
90. Regulations on catchment management agencies
CHAPTER 8: WATER USER ASSOCIATIONS
91. Proposal for establishment of water user association
92. Procedure for establishment of water user association
93. Constitution of water user association
94. Powers of water user association
95. Directives to water user association
96. Disestablishment of water user association
97. Winding up affairs of disestablished water user association
98. Transitional provisions for certain existing organisations
CHAPTER 9: ADVISORY COMMITTEES
99. Establishment of advisory committees
100. Regulations regarding advisory committees
101. Transitional provisions relating to advisory committees
CHAPTER 10: INTERNATIONAL WATER MANAGEMENT
102. Establishment of bodies to implement international agreements
103. Governance and functions of bodies
104. Powers of bodies
105. Bodies must manage different functions as separate units
106. Reports on performance of functions
107. Investigation of affairs or financial position of bodies
108. Transitional provisions relating to existing bodies
CHAPTER 11: GOVERNMENT WATERWORKS
109. Acquisition, construction, alteration, repair, operation and control of government waterworks
110. Consultation and environmental impact assessment
111. Financing of government waterworks
112. Water from government waterworks
113. Access to and use of government waterworks for recreational purposes
114. Government waterworks constructed before commencement of Act
115. Disposal of government waterworks
116. Regulations regarding government waterworks
CHAPTER 12: SAFETY OF DAMS
117. Definitions
118. Control measures for dam with safety risk
119. Responsibilities of approved professional persons
120. Registration of dam with safety risk
121. Factors to be considered in declaring dam or category of dams with safety risk
122. Exemptions
123. Regulations regarding dam safety
CHAPTER 13: ACCESS TO AND RIGHTS OVER LAND
Part 1: Entry and inspection
124. Appointment of authorised persons
125. Powers and duties of authorised persons
Part 2: Servitudes
126. Definitions
127. Acquisition of servitudes
128. Rights and duties of servitude holders and landowners
129. Procedure for acquisition and amendment of servitudes
130. Powers of High Court in respect of claim for servitude
131. Compensation payable for granting of servitudes
132. Noting of servitude and amendment by endorsement against title deed
133. Cancellation of servitude
134. Joint waterwork involving servitude
Part 3: Waterworks and personal servitudes
135. Ownership of waterworks on land belonging to another
136. Transfer of personal servitudes
CHAPTER 14: MONITORING, ASSESSMENT AND INFORMATION
Part 1: National monitoring systems
137. Establishment of national monitoring systems
138. Establishment of mechanisms to co-ordinate monitoring of water resources
Part 2: National information systems on water resources
139. Establishment of national information systems
140. Objectives of national information systems
141. Provision of information
142. Access to information
143. Regulations for monitoring, assessment and information
Part 3: Information on floodlines, floods and droughts
144 Floodlines on plans for establishment of townships
145. Duty to make information available to public
CHAPTER 15: APPEALS AND DISPUTE RESOLUTION
146. Establishment of Water Tribunal
147. Operation of Water Tribunal
148. Appeals to Water Tribunal
149. Appeals from decisions of Water Tribunal
150. Mediation
CHAPTER 16: OFFENCES AND REMEDIES
151. Offences
152. Enquiry in respect of compensation for harm, loss or damage suffered
153. Award of damages
154. Offences in relation to employer and employee relationships
155. Interdict or other order by High Court
CHAPTER 17: GENERAL AND TRANSITIONAL PROVISIONS
Part 1: Liability
156. State bound
157. Limitation of liability
158. Amendment or substitution of instruments
159. Effect of delegation
Part 2: Powers and authorisation
160. Documents deemed to be properly authorised and issued
161. Documents and steps valid under certain circumstances
162. Service of documents
163. Repeal of laws, and savings
164. Short title and commencement 附件: 您所在的用户组无法下载或查看附件
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