WATER AND WATER RIGHTS
May I drill a new borehole?
When do I need a Water Use Licence?
Legally: A licence is required if the water use is not already lawful or covered by Schedule 1 or a General Authorisation. Section 21 includes, among others, water abstraction, storage, river crossings, wastewater and changes to a watercourse. Contact ENVASS if you would like to know more about Schedule 1.
What should I do? Have a water-use screening conducted before abstracting, storing or diverting water, or undertaking work within a watercourse.
May I build or enlarge a dam?
Legally: The storage of water is a Section 21(b) water use. A dam may also be subject to dam safety and environmental requirements, particularly where it will exceed 50,000 m³ in volume or where the dam wall exceeds a certain height.
What should I do? Confirm the dam’s capacity, wall height, water source and location before design or construction begins. Be cautious when enlarging an existing dam to a capacity that may require authorisation.
May I abstract more water for irrigation?
Legally: An existing registration or licence does not automatically allow you to abstract a greater volume of water. An increase may require a new Water Use Licence or an amendment to an existing licence.
What should I do? Compare your currently authorised volume with the proposed volume and apply for an amendment or new authorisation before increasing abstraction.
My borehole is yielding less water. What should I do?
Possible causes: Declining groundwater levels, over-abstraction, drought, pump failure, clogging or damage to the borehole.
What should I do? Measure the static and dynamic water levels, test the pump and have a pump test and hydrogeological assessment conducted before drilling a new borehole.
My water quality has deteriorated.
Legally: Section 19 of the National Water Act places a duty on a landowner or user to prevent pollution and to take reasonable measures where pollution occurs.
What should I do? Have the water analysed by an appropriate laboratory, investigate possible sources of contamination and stop any ongoing pollution.
May I pump water from a river?
Legally: Abstracting water from a river is a Section 21(a) water use.
What should I do? Confirm whether the use is covered by existing lawful use, registration, a General Authorisation or a Water Use Licence before installing or using a pump.
May I divert a stream or river?
Legally: Impeding or diverting the flow of water in a watercourse is a Section 21(c) water use. Altering the bed, banks, course or characteristics of a watercourse is a Section 21(i) water use.
What should I do? Do not divert the watercourse before an aquatic specialist has assessed the proposed work and the required water-use authorisation has been confirmed.
May I build within a river or drainage line?
Legally: Roads, bridges, culverts, pipelines and earthworks may trigger Sections 21(c) and 21(i) of the National Water Act. Environmental authorisation may also be required.
What should I do? Have the watercourse delineated, determine the applicable regulated area and obtain the required authorisation before construction begins.
What is a wetland?
Legally: A wetland is land that is permanently or temporarily saturated with water and displays characteristic soil and vegetation conditions. Wetlands form part of a watercourse in terms of the National Water Act. There are various types of wetlands, and it is useful for farmers to understand how they may affect activities on their land.
What should I do? Do not determine whether an area is a wetland based on appearance alone. Have a specialist delineate the wetland and determine the applicable buffer or regulated area. There are established processes for assessing wetlands and obtaining authorisation for certain activities within or near wetland boundaries.
FARM DEVELOPMENT AND EXPANSION
I have old buildings on my property.
Legally: The removal of buildings may require a permit, and an expert assessment may be required for buildings older than 60 years.
What should I do? Have the site screened by a specialist before any buildings are demolished.
I want to expand my cultivated land.
Legally: The removal of indigenous vegetation or development within a sensitive area may constitute a listed activity under the NEMA EIA Regulations.
What should I do? Have the proposed expansion area environmentally screened before vegetation is removed or earthworks begin. Interactive mapping tools are also available to help identify potential sensitivities.
I want to remove natural vegetation.
Legally: The extent, location, vegetation type and provincial biodiversity sensitivity will determine whether Environmental Authorisation or species permits are required.
What should I do? Have a biodiversity and NEMA screening assessment conducted before any clearing begins.
I want to establish new orchards or vineyards in new areas.
Legally: The project may affect natural vegetation, water use, wetlands or sensitive agricultural land.
What should I do? Confirm soil potential, water availability, biodiversity sensitivities and required authorisations before finalising the layout.
I want to build new sheds or infrastructure.
Legally: Municipal building approval is normally required. Environmental Authorisation may also be required if the infrastructure triggers a listed activity or affects a sensitive area.
What should I do? Conduct a site and legal screening before submitting plans or starting earthworks.
I want to build new farm roads.
Legally: Municipal building approval is normally required. Environmental Authorisation may also be required if the infrastructure triggers a listed activity or affects a sensitive area.
What should I do? Conduct a site and legal screening before submitting plans or starting earthworks.
I want to cross a river with a road or pipeline.
Legally: The crossing will usually constitute a Section 21(c) and/or 21(i) water use and may require a Water Use Licence.
What should I do? Have an aquatic assessment and appropriate engineering design completed and obtain the required authorisation before construction.
I want to develop a feedlot.
Legally: The concentration of animals may constitute a listed NEMA activity depending on the number of animals, density, location and infrastructure.
What should I do? Confirm the proposed number of animals, camp size, manure management, runoff control and water use before designing the facility.
I have farm waste that needs to be removed.
Legally: Waste may not be illegally dumped, buried or burned. Certain storage, treatment and disposal activities require a Waste Management Licence.
What should I do? Identify the waste, separate hazardous waste, and use an authorised transporter and waste facility. Keep proof of disposal.
BIODIVERSITY AND CONSERVATION
Are there wetlands on my farm?
Legally: Work within a wetland or watercourse may require water-use authorisation.
What should I do? Have the wetland delineated by a suitably qualified specialist before any development, drainage or cultivation takes place.
I want to remove natural vegetation.
Legally: The extent, location, vegetation type and provincial biodiversity sensitivity determine whether Environmental Authorisation or species permits are required.
What should I do? Have a biodiversity and NEMA trigger assessment conducted before any clearing begins.
Is my farm within a Critical Biodiversity Area?
Legally: A Critical Biodiversity Area (CBA) is not necessarily a prohibited development area, but it increases the likelihood that specialist studies and stricter development restrictions may apply.
What should I do? Have the farm assessed against the applicable provincial biodiversity plan and the DFFE Screening Tool.
I have invasive plants.
Legally: NEMBA regulations require landowners to prevent the spread of listed invasive species and to manage applicable invasive species.
What should I do? Identify the species and its category, and develop a management, monitoring and rehabilitation plan. Take care to prevent invasive plants from spreading into wetlands, protected areas or neighbouring properties.
May I remove protected trees?
Legally: A protected tree may not be cut, damaged, disturbed or removed without the required permit.
What should I do? Confirm the species and obtain the applicable permit before disturbing or removing the tree.
May I hunt on my farm?
Legally: Hunting is primarily regulated by provincial nature conservation legislation, hunting seasons, permits and species restrictions.
What should I do? Confirm the species, province, hunting season, quota and permit requirements with the relevant provincial conservation authority.
I have problem animals.
Legally: Protected or listed animals may not be captured, poisoned or killed without the appropriate authorisation.
What should I do? Document the damage and contact the relevant provincial conservation authority before implementing control measures.
SOIL POTENTIAL, EROSION AND REHABILITATION
What is the agricultural potential of my soil?
What should I do? Have the soil form, depth, slope, drainage and limitations mapped before planning new crops or infrastructure.
How many cattle can my farm support?
Legally: Overgrazing and land degradation may conflict with soil conservation obligations under agricultural resource legislation.
What should I do? Have a veld condition and grazing capacity assessment conducted and adjust the number of livestock units accordingly.
I have severe erosion.
Legally: The landowner must take reasonable measures to prevent land degradation and pollution of water resources.
What should I do? Stop the cause, manage runoff and develop a properly designed rehabilitation plan before constructing erosion-control structures.
My riverbanks are eroding.
Legally: Riverbank rehabilitation may alter the bed or banks of a watercourse and may trigger Section 21(i) water-use requirements. Working within rivers or wetlands without the necessary authorisation may constitute an offence.
What should I do? Obtain aquatic specialist and engineering advice before placing rocks, concrete, gabions or soil along the riverbank.
My soil is contaminated.
Legally: NEMA places a duty of care on the responsible person to prevent, minimise and, where necessary, remediate pollution.
What should I do? Stop the source, contain the spread, take soil samples and determine whether formal contaminated-land processes are required.
POLLUTION, WASTE AND HAZARDOUS SUBSTANCES
I store large quantities of diesel.
Legally: Diesel storage must prevent pollution. Large installations may also trigger building, fire-safety, NEMA or other approval requirements.
What should I do? Use an impermeable bunded area, protect delivery and filling points, and keep an emergency procedure available. If you are unsure about the volumes or areas in which the diesel is stored, speak to an ENVASS specialist for advice.
I store pesticides.
Legally: Only registered agricultural products may be used and stored in accordance with the approved label and safety requirements.
What should I do? Keep products locked, labelled and separate from feed and water, and have a competent person confirm the product use.
May I burn waste?
Legally: Waste burning may constitute a listed waste or atmospheric-emission activity. Burning waste in an incinerator is strictly regulated, including at municipal level.
What should I do? Do not burn waste until the waste type, burning method and applicable municipal, waste and air-quality requirements have been confirmed.
May I burn vegetation?
Legally: Controlled burns are regulated by fire legislation, municipal by-laws, fire-danger periods and the local Fire Protection Association.
What should I do? Obtain prior approval where required, maintain firebreaks and comply with local fire-hazard requirements.
I have an incinerator.
Legally: Waste incineration may require a Waste Management Licence and, where a listed emission activity takes place, an Atmospheric Emission Licence.
What should I do? Have the waste type, capacity, temperature and emissions formally assessed before operating the incinerator.
I have groundwater contamination.
Legally: Section 19 of the National Water Act requires reasonable measures to stop, contain and remediate pollution.
What should I do? Stop the source, establish a groundwater monitoring network, determine the direction of contamination spread and report the incident where required.
I have problems with manure management.
Legally: Manure storage or treatment may trigger waste and water-use requirements where runoff or pollution may occur.
What should I do? Calculate manure volumes, separate clean and contaminated water, seal storage areas and prevent runoff into watercourses.
Which pesticide is best for my crop?
Legally: Only registered products may be used for the registered crop, pest, dosage and application method.
What should I do? Consult a registered crop adviser and follow the product label exactly.
RENEWABLE ENERGY
May I install solar panels?
Legally: Rooftop installations generally have a lower environmental risk. Ground-mounted installations may require NEMA, land-use and municipal approvals.
What should I do? Confirm the area, capacity, location, grid connection and biodiversity sensitivity before construction begins.
May I develop a solar farm?
Legally: The generation capacity, development footprint, transmission infrastructure and location determine whether Environmental Authorisation is required.
What should I do? Have a NEMA and route screening assessment conducted before acquiring land or finalising the layout.
May I feed electricity back into the grid?
Legally: Feeding electricity back into the grid requires approval and a connection agreement from Eskom or the relevant municipal electricity distributor.
What should I do? Do not connect the system in parallel with the grid until the electricity distributor has approved the design and connection.
LEGAL COMPLIANCE
Do I need an environmental audit?
Legally: The EIA Regulations require audits of an approved Environmental Management Programme (EMPr), where applicable. An Environmental Authorisation or Water Use Licence may also specify additional audit requirements.
What should I do? Review the authorisation, licence and EMPr, and establish an audit calendar according to the prescribed frequency.
I have an Environmental Authorisation.
Legally: All conditions of the authorisation and the approved EMPr are binding.
What should I do? Create a register of conditions, assign responsibilities and retain evidence of monitoring, training and corrective actions.
I have a Water Use Licence.
Legally: Only the authorised water uses, volumes, locations and activities may be undertaken.
What should I do? Create a register of licence conditions, a monitoring programme and a reporting calendar.
Do I need to monitor my licence?
Legally: Yes, if the licence requires monitoring, measurement, sampling, record-keeping or auditing.
What should I do? Install the required monitoring equipment, use appropriate laboratories and keep all records available for inspection.
The Department has visited my farm.
What should I do? Confirm the inspector’s details, have all permits and records ready, take your own notes and respond in writing to any findings.
I received a notice.
Legally: The notice will usually include a response deadline and may set out possible enforcement action.
What should I do? Do not ignore it. Record the deadline, preserve all relevant evidence and obtain environmental and legal advice before submitting a formal response.
WHAT SHOULD I DO NEXT?
- Do not start the activity before the legal requirements have been confirmed.
- Let ENVASS conduct a preliminary legal and environmental screening.
- Receive a brief indication of the authorisation, specialist study or corrective action required.
Have ENVASS assess my farming activities
Hierdie antwoorde is voorlopige riglyne en vervang nie ‘n formele omgewings-, water-, landbou- of regsbeoordeling nie.
WHAT SHOULD I DO NEXT?
- Do not start the activity before the legal requirements have been confirmed.
- Let ENVASS conduct a preliminary legal and environmental screening.
- Receive a brief indication of the authorisation, specialist study or corrective action required.
Have ENVASS assess my farming activities
Hierdie antwoorde is voorlopige riglyne en vervang nie ‘n formele omgewings-, water-, landbou- of regsbeoordeling nie.