CBSS was subcontracted by deVilliers Brownlie Associates to undertake an evaluation of water governance aspects (including for artificial wetlands) associated with the proposed development of a Business Park adjacent to the N1 Highway in Kraaifontein.

This evaluation inter alia entailed an assessment and interpretation of historical aerial imagery of the area that dated back to 1938, prior to the construction of the N1 Highway, in order to determine whether water uses as described under section 21(c) and/or (i) are associated with the proposed development.

The questions raised were:

(a) does an artificial wetland  constitute a "water course" in accordance with the definitions under section 1 of the NWA, and

(b) does the exclusion under the General Authorisation for section 21(c) and (i) water uses (as published in GN509) relating to the construction of sewer lines apply after the removal of soils exhibiting wetland characteristics.