Abstract:

The Meaning of Ecological Reserve provided by the National Water Act

Michael Kidd

The National Water Act provides for the Minister to determine a ‘Reserve’ for all or part of any significant water resource. The Reserve is that quantity and quality of water that is retained for two purposes. The first component of the Reserve is for the basic human needs such as drinking, food preparation and personal hygiene. The second, the Ecological Reserve relates to the water required to protect the aquatic ecosystems within that water system.
This paper will explore the process of determining the reserve in terms of the National Water Act and particularly the so-called aquatic ecosystems component, examining exactly what this aspect of the definition of ‘Reserve’ means and encompasses. In this regard, the paper will refer to the case study of the compulsory licensing process in the Tosca-Molopo area.

Presentation Topic

The Meaning of Ecological Reserve provided by the National Water Act

 

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Department of Law, University of KwaZulu-Natal

 

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