1 February 2005 Briefing Sessions Draft Regulations Using Water for Recreational Purposes.

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February 2005 Briefing Sessions

Draft Regulations

Using Water for Recreational Purposes

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Objectives of Briefing Session

To introduce the proposed Regulations, its context, and outline the intent therewith

To provide opportunity for discussion and input into final draft to be published for broader public review

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Context of Regulations

INTRODUCTION

Use of water for recreational purposes recognized as one of 11 water uses i.t.o Section 21 of the National Water Act, 1998 (Act 36 of 1998)

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AIM

To achieve as for the other mainly consumptive uses, sustainability and equity in the manner, purpose and extent to which water is utilized for recreational purposes

Context of Regulations

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DWAF’s COMMITMENT

An approach of integrated water resource management

Ensuring that resource managers, policy makers, communities and the recreation industry work together

Based on a common goal: sustainability and equity

Context of Regulations

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DWAF’s CHALLENGE

Use is most often regarded as an “elitist” use

A non-consumptive use – not carrying the “traditional” focus of managing water quality and quantity impacts

DWAF needs to ensure that the use of water for recreational purposes is recognized as an important and significant use of water that can contribute meaningfully to achieving the objectives of Government and the National Water Act: e.g. beneficial use, contributing to BEE; poverty alleviation; etc.

Context of Regulations

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DWAF’s ROLE includes inter alia

Establishing an appropriate regulatory environment

Establishing and providing for sustainable and equitable water-based recreational opportunities

Ensuring that the quality of water resources utilized for such activities is acceptable

Ensuring that the environmental and operational factors that could influence the safe utilization of water for recreational purposes are communicated to these users timeously

Context of Regulations

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As part of establishing a regulatory environment an OPERATIONAL POLICY was compiled via an internal and external stakeholder engagement process

Subject: Using water for recreational purposes

Purpose: Defining government’s overall and DWAF’s particular responsibility regarding this water use and

establishing fundamental principles, policy, objectives and strategies for regulating recreational water use

Authority: Sections 3 of National Water Act {trusteeship; mandate for ensuring sustainable and equitable water use &

management}

Status: Version 1.1 – in principle approved by the DWAF Water Resource Functional Management Committee on the 26th

of August 2004

Context of Regulations

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OPERATIONAL POLICY: AIM

Create a harmonious balance between:

Resource management: by ensuring equitable and beneficial use of water and associated resources for recreational purposes based on sound environmental management principles

Community beneficiation: by ensuring equitable community participation and beneficiation

Industry involvement: by meeting the needs and requirements of the water user in a co-operative manner

Clarified policy: by ensuring just public administration and service deliver based on sound policy

Context of Regulations

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OPERATIONAL POLICY: STATEMENTS

Based on these aims and principles set by the NWA and among other the NEMA the Operational Policy comprises of 9 policy statements

Recognizable in the outline of the draft Regulations

Context of Regulations

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Resource Planning

Water and associated resources are protected, conserved, developed, managed, controlled and utilized in an environmentally sound and equitable manner based on integrated resource management plans developed in association with stakeholders

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Safety

The use of water for recreational purposes will be safe, both from a resource as well as an industry perspective

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Authorization

The use of water for recreational purposes is appropriately authorized

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The use of water resources for recreational purposes shall benefit and contribute to the sustainable livelihood of communities

Equitable Access

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Communication and Capacity Building

The objectives of the NWA, the policy and its implementation programme will be communicated and stakeholders appropriately empowered through capacity building initiatives

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Linkages and Institutionalization

Appropriate institutions are established and effective co-operative linkages developed to ensure among other the sustainable management of the use of water for recreational purposes

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Legal Framework

The use of water for recreational purposes and its regulation comply with all relevant legislative requirements

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Monitoring and Evaluation, Information Management

The use of water for recreational purposes is monitored, evaluated and audited in terms of both performance and compliance, and information pertaining to this use is managed in a user friendly and effective manner in order to promote the sustainable utilization and management of water resources.

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OPERATIONAL POLICY IMPLEMENTATION / EMPOWERMENT TOOLS

Regulations: key regulatory tool to empower the implementation of the Operational Policy

Operational Guidelines (Resource planning; Authorization and Institutionalization)

Management systems (Performance, Compliance and Information Management)

Programmes, Projects

Institutionalization via MOU/MOAs etc.

Context of Regulations