Dear Portfolio Committee on Water and Sanitation,

DAM SAFETY REGISTRATION – NOTICE 5591 OF 29 NOVEMBER 2024 AND NOTICE ON THE DEPARTEMENTAL WEBSITE.

FOR ATTENTION
MINISTER OF WATER AND SANITATION (WATER AFFAIRS)
DAM SAFETY OFFICE
DIRECTOR-GENERAL
PARLIAMENTARY COMMITTEE - WATER AND SANITATION


The notice stated that it was made in terms of section 123(1) of the Act and Regulation 37 of the dam safety regulations.
Section 123(1) of deals with the powers of the Minister to make regulations relating to the establishment of a register of approved professional persons who could be allowed to perform tasks on dams safety dams.

Regulation 37 of the dam safety regulations provide that “unless a dam with a safety risk is already registered . . . the owner (defined as owner of a dam or owner or a dam with a safety risk includes the person in control of that dam in S 117 ) must register . . . . .”

The owners of unregistered dam safety dams did not register when the dams when completed or registered when it was required to do so under the NWA.

Section 123(1) and regulation 37 does not authorise a notice but the Minister may condone late registration under S66 of NWA.

The notice apparently intended as a lifeline is worded incorrectly and might not have the desired effect. These owners are guilty of an offence.

The 60 days may not be sufficient to complete the highly technical application,

The window period to register a dam safety dam for the first time is 120 days (S120(2)).

Contact details like an e-mail address were not used when the original regulations were made but it became very useful lately. The regulations should be amended to make the supply and update ofn contact detail compulsory.

It is however important to use the powers under S118 to gather information on the hazard potential of smaller dams (for example smaller irrigation dams near Wellington) and dams where the volume of water it contains cannot be easily proven (Tailings dams - Jagersfontein for example) which could result in loss of life , damage or water resource pollution (as defined in NWA).

This information may lead to the declaration of these individual dams or a category of dams as dams with a safety risk (S122(2) or (3)) and/or supply the Minister with information to warn people of dangers under S145.

It appear that there are misconceptions in the department regarding additional licences for dams with a safety risk. It is not clear why and how a dam safety dam could be licensed if registration is only required after 120 day of when it can be capable of storing water

No new dam can be constructed without authorization under the NWA (GA or license for storage) or exemption under S 122.
It is true that before declaring dams as dams with a safety risk it need to be established if a licence or authorization has been issued by another department(s) (S123) which would result in a joint responsibility for dam safety.

Owners of dams with a safety risk may be exempted from specific requirements.

The correct coordinates

The coordinates of many of the dams with a safety risk on the official dataset (via the internet) is incorrect. This could and should be rectified to enable identification of unregistered dams.

A method to do this is to
Issue certificates under S124 to water officers with the purpose to correct the dataset.
These officers may the visit farms with registered dams to update records under S125(1) (Routine visit).
Coordinates can be obtained with a modern cellphone or GPS.
E-mail addresses can also be obtained.
After the update unregistered dams could be identified.
Note that a warrant is needed to visit a farm with an unregistered dam.

Hendrik du Toit (retired from DWA in 2009).5

INTENDED QUESTIONS TO THE MINISTER AND DAM SAFETY OFFICE.

[A] What section of the NWA or regulation empowered the Minister to issue notice 5591 of
29/11/2024 ?

The powers listed in the notice include Section 123(1) and regulation 37.

Section 123(1) of deals with the powers of the Minister to make regulations relating to the establishment of a register of approved professional persons who could be allowed to perform tasks on dams safety dams.

Regulation 37 of the dam safety regulations provide that “unless a dam with a safety risk is already registered . . . the owner (defined as owner of a dam or owner or a dam with a safety risk includes the person in control of that dam in S 117 ) must register . . . . .”

The notice is therefore inconsistent with the act.

[B] Will notice 5591 be withdrawn and what was the intended action against owners that did not comply with the notice ?


[C] Was regulations was framed in terms of Section 123(1) relating to the registration of approved professional persons and how was a register of approved professional persons established (if any)

[D] Why was a period of 30 days chosen ?

The window period to register a dam safety dam for