.
South Africa is a water-scarce country and climate change is set to make water in even shorter supply in large parts of our country. One critical tool for drought mitigation is the ability to temporarily transfer water between users so as to maximise and ensure the efficient use of this resource. A recent South African High Court decision has confirmed that the sale and transfer of water is unlawful, and if recent policy is implemented, we can anticipate express statutory restrictions on the transfer of water-use entitlements in future.
THE HISTORIC POSITION
Water transfers are a heavily regulated and evolving area of the law and are subject to ongoing debate in our courts. Two key aspects are firstly, whether a water-use entitlement can be transferred to a third party and secondly, whether it is permissible to sell a water-use entitlement as part of this transfer.
The National Water Act of 1998 (NWA) regulates the temporary and permanent transfer of water-use entitlements. In this regard, water management institutions have historically allowed transfers of water-use entitlements held for irrigation to third parties for temporary use on another property for the same or similar purpose. Historically, the Department of Human Settlements, Water and Sanitation (DWS) has allowed a person holding an entitlement to permanently surrender that entitlement to allow a third person to apply for a new water-use entitlement based on the surrendered water. This historic position was informed by policy adopted by the DWS that permitted such transfers.
A CHANGE IN POLICY
This story is from the August 21, 2020 edition of Farmer's Weekly.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the August 21, 2020 edition of Farmer's Weekly.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
Review: the Toyota Hilux 2.8GD-6 DC 4×4 GR-Sport III
The third iteration of the Hilux GR-Sport has finally achieved a sense of presence and style befitting its raceinspired branding. But is this the ultimate modern Hilux? Car Magazine takes a closer look.
Why maize prices soar in Kenya and Malawi but not Tanzania
Namhla Landani, an economist at the Centre for Competition, Regulation and Economic Development, University of Johannesburg, and Arthur Khomotso Mahuma, economist and researcher at the Centre for Competition, Regulation and Economic Development, University of Johannesburg, analyse the issue.
Wet carcass syndrome: a scourge in SA sheep farming
Wet carcass syndrome continues to take a huge financial toll on South African sheep farmers. Octavia Avesca Spandiel spoke to two experts about the ongoing genetic research aimed at addressing this issue.
Pollination innovation
Bee-Tech Group is transforming South African agriculture with pollination technologies that boost crop yields and enhance sustainability. Founder Michiel Bruggeman spoke to Octavia Avesca Spandiel.
The valuable addition that makes this farm tick
Owning the value chain provides farmers with far more control over their produce. However, it requires a fine balance between production and ensuring there is a strong and steady market. Lindi Botha visited Rosemary Hill to find out how this essential oil producer leverages hospitality to make the farm viable.
The benefits of recirculating aquaculture systems
A powerful set of attributes has established recirculating aquaculture systems as a cornerstone of global temperate fish farming, writes Leslie Ter Morshuizen, owner of Aquaculture Solutions.
Minister has big plans for emerging and commercial farmers
DA leader and Minister of Agriculture John Steenhuisen spoke to Glenneis Kriel about his priorities for his department over the next five years, including an increased focus on biosecurity.
New study aims to make wheat more disease resistant
A recent international study explains how bread wheat has helped to transform the ancient world on its path to becoming the iconic crop that today helps sustain a global population of eight billion.
Conservation farming and biodiversity boost soil health and sustainability
A recent academic event focused on research into the links between soil biodiversity, soil health and sustainable agriculture
What has led to the unparalleled rice shortage in Japan?
Japan is facing a rice shortage amid concerns about a potential 'megaquake', several typhoons and an annual week-long holiday, which has led to an increase in panic buying.
