Die regsaard van bevoegdhede om water te gebruik

Abstract

The South African water dispensation was changed dramatically with the proclamation of the National Water Act 36 of 1998. The distinction that the previous water dispensation made between private water and public water are no longer in use and all the water resources in South Africa now vest in the national government as public trustee. The South African water resources are regulated by the NWA and removed from the sphere of private ownership. NWA makes provision for licensed water use although not every form of water use requires a license for the use to be permitted. The nature of water use entitlements granted in terms of the NWA will be investigated in this paper in order to see how these entitlements must be used in the estate planning process.