1 IMPLEMENTATION REVIEW OF THE NATIONAL WATER ACT Act 36 of 1998 Deputy Director General: Policy and...
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Transcript of 1 IMPLEMENTATION REVIEW OF THE NATIONAL WATER ACT Act 36 of 1998 Deputy Director General: Policy and...
1
IMPLEMENTATION REVIEW OF THE NATIONAL WATER ACT
Act 36 of 1998
Deputy Director General:Policy and Regulation
24 OCTOBER 2008
2
CONTENTSCONTENTS• What has not worked?
• Water for Growth and Development as an approach
to tackling some of the challenges
• Roll-out Plan for Corrective Action
• Project plan for the review of the National Water
• Summary and Conclusions
4
WHAT HAS NOT WORKEDWHAT HAS NOT WORKED
• The regulation to support the implementation of the Act has not been integrated.
• The Water Allocation Reform programme is lagging behind and this has resulted in redress and equity not being effectively achieved
• The establishment of WMIs has been delayed due to uncertainties around the future and transfer of staff
• Challenges with developing a sound asset data base for all the WR infrastructure in the country
5
WHAT HAS NOT WORKEDWHAT HAS NOT WORKED
• Not clearly defined the roles and responsibilities around asset maintenance and operation by the various WMIs
• Delegation of functions and responsibilities between the various WMIs has not yet been finalized
• The capacity of the department is a serious concern and a number of skilled people continue to leave, albeit remaining within the sector.
6
WHAT HAS NOT WORKEDWHAT HAS NOT WORKED
• The issuing of water licensing has been a long and complex process due to the fact that delegations have not completed to proto-cma’s
• Recognition of the importance of WUAs due to lack of transformation has always been a problem
• Have not had a strong communication and marketing strategy (especially for water resources management)
• Generally water resources management is completely under resourced
7
CASE STUDY - VAAL SYSTEM
Illegal Water Abstraction• Unlawful abstraction puts system currently in
deficit• Losses equivalent to LHWP 1B (Mohale
Dam). 100 litres per month per household for 8.5 million households.
• Deficit masked by good rainfall previous season
• DWAF is very weak in enforcement efforts
8
OTHER CHALLENGES
• Main sources of impact on water quality are:– discharge of urban and industrial effluent to
rivers– high salinity irrigation return flows– wash-off (run-off) and leachate from mining
operations (Acid mine drainage)– wash-off (run-off) from areas with insufficient
sanitation (dense settlements)– Climate change– Discharges from Municipal Waste Water
Treatment Plant
9
DRINKING WATER QUALITY
• Under-budgeted and under-resourced function in many municipalities
• Poor water quality impacts on people’s lives, particularly those with low immune systems
• Monitoring and reporting improving but still inadequate
• Many rural water schemes and small schemes not monitored at all
10
WATER SERVICES INFRASTRUCTURE
• Ageing, poorly maintained infrastructure leading to increased failures
• Lack of investment in refurbishment
• Poorly managed waste water and sewage infrastructure leading to pollution
• VIPs get full, leaving households without functioning toilets
• Bulk infrastructure not sufficient for growing demand
11
WATER FOR GROWTH AND WATER FOR GROWTH AND DEVELOPMENT-MEETING THE DEVELOPMENT-MEETING THE
CHALLENGES HEAD-ONCHALLENGES HEAD-ON
12
GROWTH & DEVELOPMENT IMPERATIVES
• Economic growth rate of 6% requires additional water supply
• Halve poverty by 2014 (deal with access backlog and responding to the anti-poverty strategy)
• Already, the Vaal system gets its water from other catchments (Senqu, Tugela & Usuthu)
• Effluents from the Vaal already augment the Crocodile/Olifants systems (Mines/Energy)
• Transfer of water for long distances is expensive• Some economic activities also impact negatively on
water quality (acid mine water)
13
Quantity• Sufficient water can be made available at all
significant urban and industrial growth points in the country for water to enhance economic development
• However, given the long lead times for developing new water schemes, co-operative planning is required between water users and water management institutions in order to ensure that water can be made available when it is needed.
14
Water Demand / Supply Scenarios
Reconciliation Status 2025 High Scenarionon-RSASurplusIn BalanceShortage
Reconciliation Status Year 2000non-RSASurplusIn BalanceShortage
• Nandoni dam that was construction in Luvuvhu/Letaba WMA improved situation
• All 4 big Metros need serious consideration
Scenario 2000 Scenario 2025
15
CURRENT STORAGE
• SA had good runoff in recent years
• Country’s dams at 81%
• Limpopo, NW and EC around 70%,
other areas above 80%
• Isolated very low storages – serious at Middle Letaba for domestic needs
• 13 years of good runoff - a drought period could happen at any time
16
ALL DAMS vs DWAF DAMS vs CURRENT WATER USE
0
5
10
15
20
25
30
35
ALL DAMS INSA
DWAF DAMS
WATER USE
17
Current water availability
At 98% assurance level, SA water is constituted as follows:
• 77% surface resources• 9% ground water• 14% return flows
18
Proportional water use/sector
• Agriculture 62%• Domestic 27%
• Urban 23%• Rural 4%
• Mining 2.5%• Industrial 3.5%• Power generation 2.0%• Afforestation 3.0%
19
Water availability vs use• Current water
use match water (yield) availability
• Potential for further resource development still exists in KZN (south) & East of EC
• Limited potential for further resource development in most areas
Water demand and availability projections for 2025 (National Water Resource Strategy, 2004). Blue bars = water availability; Green bars = water use; Red bars = water development potential.
20
Water Supply and Backlog
Population – access to water supply
• 1994 – 38,9m population– 59% of population had access to basic levels– 15,9 million people had no access to safe water
supply
• 2008 – 48,7 m population– 88 % of population have access to basic levels
– 5,7 million people still without access to safe water supply
22
Water for Domestic Use
• Current population ~ 48.7m • Projected growth rate ~0.82%• Est. population by 2020 ~ 65.0m• Implications for water demand are that
domestic share of total water use will move from the present 27% to between 30 to 35% of the total national use
23
Reconciliation Strategies: to meet future demands in Metropolitan Areas (1)
• WC/WDM must be implemented as a matter of urgency in all metropolitan areas – if not, water restrictions will be inevitable
• Use of treated effluent is a huge potential resource – coastal cities discharges into ocean, but even in Vaal system direct re-use is imminent
• Groundwater resource must be developed more extensively, even for metros in specific cases
• Further surface water resource development and interbasin transfers will also be required
24
Reconciliation Strategies: to meet future demands in Metropolitan Areas (2)
• Unlawful water use reached critical dimensions in Vaal system, urgent action will be taken to eradicate
• Desalination of seawater is final option for coastal cities, detailed investigations will be done
• Inland cities don’t have luxury of desalination of seawater – inland water must be reserved for inland use
• Resources supplying metropolitan areas under stress – no further allocation for irrigation from these resources. Water may have to be moved from irrigation to urban over the long term
25
DWAF’s Response to strategic needs
• Energy – Eskom & Sasol: VRESSAP (Vaal River Eastern Sub-system
Augmentation Pipeline)– Return flows into Crocodile (West) transferred to Lephalale area
(Ellisras) for new power stations and Mafutha (Sasol)– Construction of De Hoop and Mokolo Dams
• Mining – – Crocodile West augmentation– Construction of De Hoop
• Industry/urban - reconciliation strategies for Metros• Agriculture – new schemes only in previously under-
developed areas with potential for further development.
• Forestry – specific wet allocations• Rural – accelerate delivery
26
Risks, Threats and ChallengesRisks, Threats and Challenges• Climate changeClimate change
– Uncertainly of CC already factored into Uncertainly of CC already factored into scenario planning scenario planning
– Future requirements (security) major issueFuture requirements (security) major issue– Water resource characteristics Water resource characteristics – Adaptation and mitigation measures from a Adaptation and mitigation measures from a
water perspective water perspective
27
Risks, Threats and ChallengesRisks, Threats and Challenges• Infrastructure (WR and WS)Infrastructure (WR and WS)
– Assets in fair to poor condition wrt. Assets in fair to poor condition wrt. maintenance and ops. maintenance and ops.
– Majority of capital investments made in 1970-Majority of capital investments made in 1970-1980s1980s
– Thus approaching end of useful life – funds Thus approaching end of useful life – funds required for rehabilitation required for rehabilitation
– Maintenance backlogs – result of focus on Maintenance backlogs – result of focus on new infrastructure development new infrastructure development
28
Risks, Threats and ChallengesRisks, Threats and Challenges
• Scarce skills Scarce skills • Experiencing critical skills shortages in water
sector esp. in engineering, science , technical and artisan areas.– An insufficient skills base and fierce
competition in the sector for skilled personnel
– Huge loss in institutional memory along with strategic and operational decision-making capabilities due to high retirement figures in the next decade
29
Risks, Threats and ChallengesRisks, Threats and Challenges
• Scarce skills Scarce skills • The ongoing skills shortage within the
water sector poses a threat to the achievement of the water and sanitation delivery and compliance targets as well as the implementation of sustainable water resources management.
• Skills development is by nature a long term process.
31
Risks, Threats and ChallengesRisks, Threats and Challenges
• Unlawful water use and pollution (i.e. Vaal Unlawful water use and pollution (i.e. Vaal River System)River System)– Large amount of unlawful use– Exceeding system yield – risk of water
restrictions for lawful users– Large urban areas, industries and mines all
contribute to pollution
32
Risks, Threats and ChallengesRisks, Threats and Challenges
• Raw and drinking water quality – often result of Raw and drinking water quality – often result of poorly managed WWTW (Municipalities)poorly managed WWTW (Municipalities)
– Major threats to sustained safe drinking water quality
• Inadequate Asset Management – Failing infrastructure (Water Purification and Reticulation
Infrastructure )– Waste Water Collection and treatment
• Capacity of Waste Water Treatment Facilities to meet effluent standards (non- compliance)
• Skills shortage (limited availability of trained process operators)
33
WWT Facilities surveyed
950 Waste Water Treatment Works950 Waste Water Treatment Works
112112
105105
6565
196196
8484
9494
8282
4848
164164
34
WWT Facilities managed/owned by WSA’s
792 WWTW Owned/Managed by WSA’s792 WWTW Owned/Managed by WSA’s
8484
102102
5757
133133
5959
7777
8282
4545
153153
35
WWT Facilities with no appropriate license/permit : 57%
950 Waste Water Treatment Works950 Waste Water Treatment Works
70%70%
70%70%
41%41%
85%85%
81%81%
50%50%
47%47%
33%33%
46%46%
Do all wastewater treatment facilities have an appropriate licence/permit?
34%
57%
9%
% Yes
% No
% Not applicable
36
WWT Facilities with license not complying to license/permit conditions: 32%
950 Waste Water Treatment Works950 Waste Water Treatment Works
17%17%
65%65%
8%8%
14%14%
9%9%
61%61%
15%15%
33%33%
43%43%
Do all wastewater treatment works comply to licence/permit conditions?
39%
32%
29%
% Yes
% No
% Not applicable
37
WWT Facilities exceeding design capacity :36%
950 Waste Water Treatment Works950 Waste Water Treatment Works
53%53%
55%55%
0%0%
28%28%
64%64%
39%39%
28%28%
41%41%
23%23%
Are all wastewater treatment works operating within their design capacity?
52%
36%
12%
% Yes
% No
% Not applicable
38
WWT Facilities discharge not monitored : 40%
950 Waste Water Treatment Works950 Waste Water Treatment Works
47%47%
50%50%
0%0%
28%28%
73%73%
44%44%
62%62%
25%25%
20%20%
Do you monitor the volume of discharge from all wastewater treatment works?
46%
40%
14%
% Yes
% No
% Not applicable
39
Risks, Threats and ChallengesRisks, Threats and Challenges• Pollution of water resources (mining,
agriculture, industry)– Pollution of fresh water resources due to
• Mining activities– Acid mine drainage - heavy metal contamination
• Poor agricultural practices- increasing salt loads
• Eutrophication i.e. lack of Oxygen in the water leading to death of fish etc.
40
Key Recommendations
• Improve Water mix
– Desalination • Set target for coastal municipalities• Inland areas with saline water
resources
– Surface water resources• Augmentation especially in under-
developed areas• Multi-purpose
41
Key Recommendations
• Improve Water mix– Ground water
• Promote use in surface-water deficient areas
• Promote conjunctive use
– Return flows• Use of return flows as source for power
stations & coal-to-liquid fuel plants• Treated effluent especially for coastal cities
42
Key Recommendations
• Water Conservation & Water Demand Management– Declare non-negotiable– Set up sector specific targets– Regulation through economic
instruments
• Water Loss control– Enforcement for all municipalities– Set a target limit on this as a condition
for all sectors
43
Key Recommendations
• Promote water use efficiency– Sectoral benchmarking– Set Sectoral water use targets
• Infrastructure– Promote construction of Inter-Basin Water
Transfer (IBWT) & multipurpose dams– Prioritise development according to needs– Operation and Maintenance of existing
infrastructure– Refurbishment of existing ageing
infrastructure
44
Key Recommendations
• Unlawful Water use– Clamp down– Priority in stressed catchments
• Irrigated agriculture– No further allocations except for new
entrants linked to WAR– Reduce total water use (target to be
set)
45
Key Recommendations• Afforestation expansion
– Promote Afforestation in line with LTMS
– Prioritise KZN & EC• Aligned planning
– Water is central to all planning– Misalignment with NSDF, PGDPs,
IDPs, etc– Encourage joint planning
46
Key Recommendations
• Water quality management & pollution control– Roll-out of water resource classification
system– Adherence to licence waste discharge
standards & conditions to be monitored rigorously
• Climate Change– Develop mitigation and adaptation
plans for the Sector
47
Key Recommendations
Response to Anti-Poverty StrategyThere are 4 pillars of the Anti-Poverty Strategy
where DWAF can intervene directly.Pillar 1: Economic interventions to expand
opportunities for employment and self employment
• Response programmes– Invest and develop infrastructure that will promote
small scale rural development– Promote rain water harvesting– Develop community benefits around dams– Massification of programmes like Working for Water,
Working for Wetlands etc– Development of value added industries from cleared
biomass
48
Key RecommendationsPillar 2 : Investment in human capitalResponse programmes
– Developing appropriate skills for the water sector e.g. the learning academy
– Providing community based training in programmes like WfW, WoF, Working on Wetlands
– Awarding bursaries and learnerships
49
Key RecommendationsPillar 3 :Basic Services and other non-
financial transfers consisting of free basic municipal services such as water electricity, refuse removal sanitation and healthcare
• Response Programmes– Accelerating access to water and sanitation
services– Access to free basic services
50
Key Recommendations
Pillar 4: Good governance
Response Programmes– Supporting local government to deliver on its
constitutional mandate– Ensuring effective regulation
52
COMPLIANCE AND ENFORCEMENT
• Sufficient funding for development of a strong Compliance, Monitoring and Enforcement function– Prevent and control unlawful raw water use and
pollution • Discuss with National Treasury and Asset Forfeiture Unit
the possibility of retaining assets seized during action against illegal water users.
• NEMA (Act) being amended to give powers to appoint DWAF officials as Inspectors to enforce compliance under both NEMA and the National Water Act.
53
REGULATION AND COMPLIANCE IN WATER
SERVICES• DWAF to determine appropriate institutional
arrangements for water services regulation, including – institutional arrangements for national regulator – revision of Water Services Authority (WSA) and
Water Services Provider (WSP) functions to take into account de facto lack of separation of functions between the two.
• DWAF to strengthen drinking water quality regulation through strengthening of current capacity.
54
DRINKING WATER QUALITY
• Where appropriate, Water Boards to:– assist in monitoring drinking water quality – assist to audit the results submitted by
municipalities on drinking water quality, or – Act as WSP on behalf of a WSA.
• DWAF and NT to investigate ways to incentivise municipal asset management and sufficient budgeting for drinking water quality management and monitoring.
55
Augmentation and conservation
• Long time lines for establishing new infrastructure
• Water Conservation and Demand management (e.g. review irrigation technologies)
• Effluent re-use in coastal cities
• Unlawful water use – Vaal system
56
RESOURCE AVAILABILITY • Water scarcity in economic heartland
of South Africa– Gauteng and Mpumalanga Highveld– Lephalale Coal Fields
• Inland water should be reserved for inland water use?
• Local resources, e.g. groundwater and sea water need greater emphasis
• Dealing with pollution
57
Project plan for the ReviewProject plan for the Reviewof the National Water Actof the National Water Act
58
KEY TASKS AND OUTPUTS Time
Frame
1. Identify key sections that hindered Government from attaining its objectives
2. Obtain inputs per stakeholder grouping.
Obtain inputs from internal stakeholders. Status quo and situational Analysis Report
March 2007
Obtain inputs from external stakeholders. 22 October 2008
Obtain inputs from International and National Experts November 2008
3. Collate Comments and inputs into the report December 2008
4. Develop Draft Final Report Stakeholder Analysis Report December 2009
5. Distribute Draft report to all Stakeholders for final inputs January 2009
6. Consolidate final inputs into Final Report
Final Report
February 2009
7. Present final report via DWAF structures and to Parliament for final approval
March 2009
59
CRITICAL SUCCESS FACTORS
Critical Success Factor Impact on Success 1. Broad consultation. - Create shared mindset and understanding of
NWA- Ensure by – in- Enable effective / Quick implementation
2. Alignment to best practice. - Clarify roles- Address gaps- Improve aspects of the Act- Enhance sector performance- improve accountability and transparency and
build capacity and appropriate skills
3. Balanced Holistic approach. - Enhanced performance and practices- Improve efficacy and intergovernmental
relationships
- Review implementation
4. Sound Business Models and Mechanisms.
- Improve sector performance- Improve CM+E- Enhance participation- Improve regulatory Governance-Finalise Institutional Model for implementation of NWA.
61Department of Water Affairs and Forestry
SUMMARY AND SUMMARY AND CONCLUSIONSCONCLUSIONS
• National Water Act is a solid legislation acclaimed the world over
• As a principle we need to fact track the implementation of the NWA
• Regulatory Framework for the entire water value chain needs to be urgently put in place
• Alignment and common vision is critical for the entire water sector
• Stabilise institutional models and fast track delegations to institutions to adhere to the intent of the NWA
62
• There is enough water resources
• There is a need to address challengesi.e. pollution, illegal water abstraction
• Institute water conservation and demand management
• Need to deal with causes for failures in DWQ
63
• Municipalities will play a key role in both water supply and ensuring the DWQ standards - hence Municipal Indaba
• Need to deal with the issues of broadening access to water for the rest of South Africans
• Need to invest in new infrastructure as well as Operation and Maintenance
• Need to deal with the skills challenges• Need to broaden the water-mix