This article provides a general insight into the concept of water rights and their regulation, predominantly from a South African perspective, however, also from a global impact perspective, focusing on the constitutionally guaranteed right to access to water, how water use rights can be acquired and the way in which water rights can and should be protected.
This article also addresses examples of environmental, social and governance (ESG) considerations which a company should take into account when their operations impact on the water rights of a community, emphasizing the importance that has been placed on the protection of indigenous communities water rights in case law, both in South Africa and in jurisdictions around the world.
DISCLAIMER: Reproduced with permission from Law Business Research Ltd. This article was first published in Lexology GTDT – Practice Guide Mining 2023. For further information, please visit: https://www.lexology.com/gtdt.
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