[Saice] WATER LAW - COURSE
Memory Scheepers
mscheepers at saice.org.za
Thu Dec 11 07:07:52 SAST 2008
SAICE Presents:
WATER LAW OF SOUTH AFRICA
CPD Number: SAICEwat06/00073/09
Course Programme: 08H00 for 08H30 to 17H00
Bloemfontein 3March Kimberley 4 March
Port Elizabeth 10 March East London 11 March
Pietermaritzburg 17 March Cape Town 15 April
George 16 April Polokwane 21 April
Nelspruit 23 April
The law governing water has always been regarded as a specialised field, practiced by a small group of lawyers. However, the political and social reform during the last decade of the 20th century, the water-related problems experienced and the prominence given to fundamental human rights and environment-related matters have significantly increased the need for this knowledge by others.
The water law does not only deal with entitlements to water; it includes a framework on how to manage the water resources and the provision of water services, which is very complex and dynamic. An integrated approach should therefore be followed, involving all three spheres of government, various organs of state and other organisations.
The South African Institution of Civil Engineering is organising a one-day course on the law applicable to water resource management and the provision of water services to enable people to get access to the water law. This course has been approved for Continuing Professional Development for renewal of registration in terms of the requirements of the Engineering Professions Act (Act 46 of 2000).
WHO should attend?
consultants, including water resource management and waste professionals, planners, developers, engineers, impact assessment practitioners and public participation communicators;
lawyers, including attorneys, advocates and legal advisors;
officials of water resource custodians and developers;
officials of regulators
o regulating the use of the water resources;
o regulating activities that may affect the water resources;
o regulating land uses and activities and processes associated with these land uses that may affect the water resources; and
o providing the necessary frameworks for the provision of water services;
officials of public and private water services providers;
users of water;
persons and communities affected by water-related activities and decisions;
persons and bodies interested in water, such as conservation, environmental and human rights interest groups, investors, financiers and suppliers;
researchers
The PRESENTER
Hubert Thompson is registered as a professional engineer with the Engineering Council of South Africa as well as admitted and authorised to practice as an advocate of the High Court of South Africa. Hubert has 30 years of experience in water management, of which the last 22 years relate mainly to the law. Hubert was actively involved in formulating various aspects of the new water resource management policies and drafting of the National Water Act 36 of 1998.
Hubert works for his own account under the trade name Thompson&Thompson, Consulting Engineers and Legal Advice Services in Pretoria, which provide inter alia engineering, legal, policy and institutional advice, with the emphasis on water, natural resources and the environment.
Hubert Thompson is also the author of the book Water Law - A practical approach to resource management and the Provision of services, Juta & Co Ltd 2006.
COURSE OUTLINE
The course is largely based on the contents of the book Water Law - A practical approach to resource management and the provision of services by Hubert Thompson, Juta & Co Ltd 2006 and is aligned with the water laws. The course will familiarise the attendee to the water law so that he or she could participate in water law issues with confidence afterwards. The book is not included and can be ordered directly from Juta at cserve at juta.co.za or tel (021) 763 3600. This is not a pre-requisite but will be an advantage. Course notes will be made available. Delegates are also encouraged to visit the DWAF website at www.dwaf.gov.za <http://www.dwaf.gov.za/> for additional material.
The presentation will be as such to allow for interactive participation by those attending and addressing specific problems in more detail. During the course the following aspects will be covered:
Constitutional mandate relevant to water (about 30 minutes)
The requirements of the following fundamental rights of the Bill of Rights will be analysed: Environment that is not harmful and that should be protected when water is used; Measures to achieve water reform; Access to sufficient water. It will be explained how effect should be given to these.
Constitutional requirements when effect is given to the water laws (about 45 min)
The requirements of the following fundamental rights of the Bill of Rights will be
analysed: Equality before the law (why may stricter requirements be placed on certain
categories of water users than on others); Protection of property (deprivation and
expropriation of entitlements to water); Administrative actions that are lawful, reasonable
and fair. It will be explained why an understanding and application of these principles are
essential and how effect should be given to these.
The legal requirements to involve role-players in decision-making (about 15 min)
The legal requirements when and how to involve affected persons on the one hand and
interested persons on the other when making a decision will be discussed. A decision
includes any action taken regarding the issuing of a regulation, rule, strategy, licence,
directive or notice.
Foundations of the Water Law (about 60 min)
The Roman, Roman-Dutch and Anglo-American law principles as well as how these
where applied and further developed by the Courts and the requirements of certain
principles of the repealed Water Act 54 of 1956 will be discussed. It will be explained
why a good understanding of these principles are still essential.
Management and protection of the water resources (about 45 min)
The principles and application of the Public trust doctrine will be discussed. The role,
legal requirements and applications of the National Water Resource Strategy and
catchment management strategies will be analysed. The role, legal requirements and
applications of the Resource-directed measures (classification system and the
determination of the class, resource quality objectives and Reserve for a specific
resource), Source-directed controls and measures to prevent and remedy the effects of
pollution and control emergency incidents will be analysed.
Utilisation of the water resources (about 90 min)
All the elements of the framework to use water will be analysed and discussed. It will
include the legislative requirements of what all the different water uses are and when
and how a water use may be undertaken and the constitutional aspects regarding this.
The role and functions of the Water Tribunal (about 15 min)
The role and function of the Water Tribunal will be discussed.
The role and functions of the different water management institutions (45 min)
The role, powers, duties and functions and organs of and differences between
catchment management agencies, water user associations, advisory committees and
international water management institutions will be discussed.
Provision of potable water and sanitation services (about 60 min)
The rights to and conditions for provision of water services, the role of water services
authorities and the different water services providers will be discussed.
COST
The cost of the course is R2500, 00 per delegate for SAICE Members and R3000, 00 per delegate for Non-SAICE Members.
PAYMENT
Payment must accompany the registration form and can be made, as follows:
* Payment directly into the Standard Bank Account Number 200853058, Park Town Branch, Branch Code: 000355, Account Name: SAICE
* Please fax proof of payment to 011 805 5971 for attention Dawn Hermanus <mailto:dhermanus at saice.org.za> or Sharon Mugeri <mailto:cpd.sharon at saice.org.za?subject=WATER%20LAW%20OF%20SOUTH%20AFRICA>
Terms and Conditions
ADMISSION CONDITIONS: Pre-payment is required. No booking will be confirmed without proof of payment. The registration form must be sent together with the proof of payment. Please note: No delegates will be allowed to the event without proof of payment.
CANCELLATION POLICY: The full fee is payable if cancelled less than five (5) working days prior to the event. Delegates registering after the cancellation date is also liable for the full fee should they cancel. Please ensure that you receive a cancellation fax. Delegates booking and not attending will be liable for the full fee. Substitute delegates are welcome but names must be advised on a company/department letterhead. An administration fee of 10% is charged in the event of cancellation. SAICE reserves the right to cancel the course in the event of unforeseen circumstances.
REGISTRATION FORM
Course: Water Law of South Africa
Please tick the course you would like to attend from the list below.
□ Bloemfontein 3 March □Kimberley 4 March □Port Elizabeth 10 March
□ East London 11 March □Pietermaritzburg 17 March □Cape Town 15 April
□George 16 April □Polokwane 21 April □Nelspruit 23 April
Details of venues will be advised on confirmation of registration
YOUR DETAILS
Title
First Name
Surname
Company
Division/Dept
VAT Number
Company Postal Address
Code
Telephone No.
Cell No.
Fax No.
E-mail
Special Dietary Requirements
FEES
SAICE Members: R2 500.00 (VAT included) Non-Members: R3 000.00 (VAT included)
PAYMENT
I have deposited the amount of R___________ into SAICE’s Account (details below)
Deposit slips confirming payment must be faxed with your Registration Form to SAICE: (011) 805 5971. Please indicate clearly on the deposit slip for whom the booking/s is as well as the invoice number.
Deposit: STANDARD BANK, Parktown Account Name: SAICE Account Number: 200 853 058 Branch code: 00 03 55
SPECIAL CONDITIONS: PRE-PAYMENT is required
CANCELLATION POLICY: The full fee is payable if cancelled less than 5 working days prior to the event. Delegates registering after the cancellation date are also liable for the full fee should they cancel. Please ensure that you receive a cancellation fax. Delegates booking and not attending will be liable for the full fee. Substitute delegates are welcome but names must be advised on a company/department letterhead.
An administration fee of 10% is charged in the event of a cancellation.
ADMISSION CONDITIONS: No booking will be confirmed without proof of payment. The registration form must be sent together with the proof of payment.
Please note: No delegates will be allowed to the event without proof of payment.
SAICE reserves the right to cancel the course in the event of unforeseen circumstances
Name and Surname of person responsible for payment of Account:
Signature of person responsible for account:
Date:
Signature of delegate:
Date:
I am personally responsible for full payment of these fees in the event that my company/department does not pay them.
Enquiries can be made on Tel 011 805 5947/8 Fax 011 805 5971
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