water act

I refer to my publication last week and draw your attention to the following case Lötter N O and Others v Minister of Water and Sanitation and Others (725/2020) [2021] ZASCA 159 (8 November 2021) where it was held :

It is declared that, in terms of s 25(1) of the National Water Act 36 of 1998 (the NWA), a water management institution is empowered, at the request of a person authorized in terms of the NWA to use water for irrigation:

(a)   to allow that person on a temporary basis, and on such conditions as the water management institution determines, to use some or all of that water for a different purpose; or

(b)   to allow that person to allow a third party the use of some or all of that water on another property in the same vicinity, for the same or a similar purpose.

It is declared that, in terms of s 25(2) of the NWA, a person holding an entitlement to use water from a water resource in respect of any land may surrender that entitlement in whole or in part:

(a)   in order to facilitate a licence application by the holder of the entitlement or of a third party in terms of s 41 of the NWA for the use of that water in respect of other land owned or controlled either by the holder of the entitlement or the third party;

(b)   that the surrender of the entitlement by the holder of the entitlement only becomes effective in the event of the licence application, in terms of s 41 of the NWA, of the holder of the entitlement or of the third party being approved by the responsible authority;

(c) an agreement between the holder of an entitlement to use water and a third party, in respect of the surrender of the entitlement by the former to facilitate an application for a licence in respect thereof by the latter, in return for payment of compensation, is not prohibited.

Case in PDF is available here.

Kind Regards
Allen West

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