Draft Regulations for Water Use in Recreation

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

2. 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

3. 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)

4. Context of Regulations 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

5. Context of Regulations 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

6. Context of Regulations 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.

7. Context of Regulations 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

8. Context of Regulations 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

9. Context of Regulations 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

10. Context of Regulations 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

11. 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

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

13. Authorization The use of water for recreational purposes is appropriately authorized

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

15. 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

16. 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

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

18. 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.

19. Context of Regulations 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.