Many farmers get into trouble with the authorities because they have used large machines to clean dams and rivers, or do other work around dams, rivers or wetlands. Farmers think they are doing well, then they unexpectedly get a directive from the Department of Environmental Affairs of the province concerned. Large fines can be imposed, or rehabilitation must be done at great cost. How then do farmers stay out of trouble? Knowledge of the National Environmental Management Act 1998, Act no 107 of 1998, is of utmost importance. This law lists several activities that must be applied for and an environmental authorization obtained before it can be started. This list is so long that landowners can easily make a mistake. In addition, there are definitions involved that need to be understood. In addition, the National Water Act 1998, Act No. 36 of 1998, must also be taken into account, because the activities of the National Environmental Management Act are actually intended to facilitate the application of the National Water Act, but do not replace the requirement for a water use license.
Hopefully this article will shed some light on the subject and help farmers understand the laws. There are too many different activities specifically related to dams to name them all here. To build any new dams, please first consult an expert such as an environmental practitioner for advice. One phone call can save a lot of effort and annoyance, not to mention the cost! It may be faster to build first and then get approval, but it is not cheaper and the criminal record is not worth it. And please listen to good advice. There are landowners who, despite good advice, still only follow their own head! So what should all be taken into account when planning maintenance on dams, ditches and rivers? A good start is to talk to your neighbor, especially if you are not getting along well. Farmers usually get into trouble because neighbors saw a yellow machine near a river and went to complain. Water always remains a delicate issue.
The listed activity that is most often violated where water is involved is the following: Environmental Impact Assessment Regulations Listings Notice 1 of 2014: Activity no. 19: Filling in or depositing material of more than 10 cubic meters in, or dredging, excavating, removing or moving soil, sand, shells, shell grains, pebbles or rock of more than 10 cubic meters from a watercourse; but excluding where such filling, precipitation, dredging, excavation, removal or relocation—
(a) will take place behind a setback in development; (usually in an urban context)
(b) performed for maintenance purposes in accordance with a maintenance management plan;
(c) falls within the scope of activity 21 in this notice, in which case this activity applies;
(d) occurs in existing ports that will not increase the development footprint of the port or port; or
(e) where such development relates to the development of a port, in which case activity 26 in Listings Notice 2 of 2014 applies "Watercourse" means -
(a) a river or fountain;
(b) a natural canal in which water flows regularly or intermittently;
(c) a wetland, pan, lake or dam in or from which water flows; and
(d) any collection of water that the Minister may, by notice in the Gazette, declare as a watercourse as defined in the National Water Act, 1998 (Act 36 of 1998); and contains a reference to a watercourse, where applicable, its bed and banks; and "Wetland" means soil which is a transition zone between dry soil and bodies of water, where the water table is usually on or near the surface, or the soil is regularly covered with shallow water and which under normal conditions is wetland vegetation or vegetation present in waterlogged soil live, support.
For safety, the bank of a river should rather be measured as a 32 meter strip on either side of the riverbed. Where lands have been made along a river, the bank is usually the portion of natural or semi-natural vegetation between the land and the river, regardless of how many alien invasive plants grow there. According to the National Water Act, no work may be done within 100 m or the 1: 100 year flood line of a water source or within 500 m of the boundary of a wetland without approval. And do not think that a water source, stream or river is just a stream with a clear bed! The Departments even count a small run where there is no visible water flow also as a watercourse according to the law. The photos below provide examples of this. Cases that are known for which landowners have gotten into trouble are for cleaning dams, removing any material from the dam basin, filling in old ponds, repairing flood damage to a river bed, removing reeds from a river or even removing fallen old trees from a river. Even plowing in wetlands is illegal. So feel free to mark wetlands clearly, especially when breaking ground for new or larger lands. The help of a freshwater ecologist is valuable when wetlands need to be demarcated. Now that it is raining nicely again, the erosion damage can be seen in lands where the watercourses and wetlands have been plowed. Protection and even rehabilitation of these watercourses is in the interest of the farmer and the health of his farm.
So how do I do maintenance without getting into trouble?
The relevant listed activity is excluded when maintenance is done according to a maintenance management plan. It is advisable for all farmers to have a maintenance management plan drawn up for approval by the relevant Departments of Environmental Affairs and Water Affairs. A group of farmers or other landowners (eg. a holiday resort) bordering a river can even have a joint maintenance management plan done for river management. The management plan is done by an environmental expert who will investigate all the possible activities on the farm, determine its potential impact and write guidelines for the maintenance tasks. The plan will therefore cost the farmer a few thousand rand, but it will save a lot of annoyance and effort as long as the conditions on the farm or in the river remain the same.