The ICMA inherited several initial functions upon its establishment. These are outlined in section 80 of the NWA as follows:
On top of these initial functions, the ICMA has also been directly assigned the following functions in section 19 and 20 of the NWA:
Further functions were delegated to the ICMA by DWA in December 2010. These are summarised below:
Schedule 3
Item 2 (a)-(e) To –
(a) manage and monitor permitted water use;
(b) conserve and protect water resource and water resource quality;
(c) subject to the provisions of the Act, develop and operate a water work in furtherance of its functions;
(d) do anything necessary to implement catchment management strategies; and (e) by notice to a person taking water and after having given that person a reasonable opportunity to be heard, limit the taking of water in terms of Schedule 1.
Item 3(1)-(6) Subject to item 3(2), (5) and (6) to make rules to regulate water use.
(a) to investigate and advise interested persons on the protection, use, development, conservation, management and control of the water resources in its water management area;
(b) to develop a catchment management strategy;
(c) to co ordinate the related activities of water users and of the water management institutions within its water management area;
(d) to promote the co ordination of its implementation with the implementation of any applicable development plan established in terms of the Water Services Act, 1997 (Act No. 108 of 1997); and
(e) to promote community participation in the protection, use, development, conservation, management and control of the water resources in its water management area.
19 Prevention and remedying effects of pollution
20 Control of emergency incidents in respect of water resource pollution or potential water resource pollution
Item 4(1) To require in writing that a water user –
(a) install a recording or monitoring device to monitor storing, abstraction or use of water;
(b) establish links with any monitoring or management system to monitor storing, abstraction and use of water; and
(c) keep records on the storing, abstraction and use of water and submit the records to the water catchment management agency.
Item 5(1), (2)
and (4) To by written notice, require the owner or person in control of a water work within its area of operation to collect and submit particular information within a specified period to enable the catchment management agency to determine whether that water work is constructed, maintained and operated in accordance with the Act.
To subject to item 5(3), direct the owner or person in control of a water work situated within its area of operation at the owners cost and within a specified period, to –
(a) undertake specified alterations to the water work;
(b) install a specific device; or
(c) demolish, remove or alter the water work inoperable . If the owner fails to comply with a directive to –
(a) undertake the alterations;
(b) install the device; or
(c) demolish, remove or alter the water work inoperable and recover any reasonable costs from the person to whom the directive was issued.
Item 6(1) In the event of a water shortage within its area of operation and subject to item 6(2) and (3) of Schedule 3 to by notice in the Gazette or by written notice to each of the owners in the area who are likely to be affected –
(i) limit or prohibit the use of water;
(ii) require any person to release stored water under that persons control;
(iii) prohibit the use of any water work; and
(iv) require specified water conservation measures to be carried out.
Item 6(2) A notice contemplated in sub item (1) must –
(a) specify the geographical area or water resource to which the notice relates;
(b) set out the reason for the notice; and
(c) specify the date of commencement of the measures.
Item 6(3) In exercising the powers under sub item (1) the catchment management agency must –
(a) give preference to the maintenance of the reserve;
(b) treat all water users on a basis that is fair and reasonable; and (c) consider –
(i) the actual extent of the water shortage;
(ii) the likely effects of the shortage on the water users;
(iii) the strategic importance of any water use; and
(iv) any water rationing or water use limitations by a water services institution having jurisdiction in the area in question under the Water Services Act, 1997 (Act 108 of 1997).
Item 6(4) To –
Modify or require the owner of the water work to modify the water work so that it cannot be used to take more water than that allowed for in the notice; or
Remove the water work or require the owner to remove the water work if the notice contains a prohibition on the use of that water work
If the owner or person in control of the water work contravenes a notice under item 6(1) of Schedule 3.
Item 6(5) To determine whether the owner should be held responsible for any reasonable cost incurred in acting under sub item (4) and to recover from the owner the cost determined.
Chapter 4
Section 34(2) To register an existing lawful use subject to section26(1) (c).
Section 35(1) To verify the lawfulness or extent of an existing water use by written notice requiring any person claiming an entitlement to that water use to apply for a verification of that use.
Chapter 8 Section
92(1) (a) To establish a water user association, give it a name, determine its area of operation and approve its constitution
(i) not operating any Government infrastructure;
(ii) not employing staff;
(iii) that do not have any financial commitments towards DWA (State loans); or (iv) that do not have loans at other financial institutions guaranteed by DWA Section
92(1) (b) To amend the name, area of operation or approve an amendment to the constitution of an established water user association in the area of operation of the ICMA.
Section
92(2) (a) To require additional information to that required by section 91(1).
Section
92(3) (a) To publish a notice in the Gazette setting out the proposed establishment of a water user association, its name and area of operation and invite comments thereon.
Section
92(3) (b) To consider what and take further steps appropriate to bring the content of the proposed water user association to the attention of interested parties.
Section
92(3) (c) To consider all comments received on the proposed water user association.
Section
92(4) To decide that sufficient consultation has taken place.
Section
98(4) To transform Irrigation Boards
(i) not operating any Government infrastructure;
(ii) not employing staff;
(iii) that do not have any financial commitments towards DWA (State loans); or (iv) that do not have loans at other financial institutions guaranteed by DWA