Water Use Authorisations

The Department of Water and Sanitation (DWS) is mandated to manage South Africa's water resources and watercourses to ensure conservation and protection for future generations and to promote sustainable use. The Department of Water and Sanitation is devoted to promoting the efficient and sustainable use of water in accordance with the National Water Act, 1998 (Act No. 36 of 1998).

In terms of Section 21 of the National Water Act, 1998 (Act No. 36 of 2016), there are eleven (11) activities that constitute water use and require regulatory approval or registration from the Department of Water and Sanitation in order for these water uses to be undertaken lawfully.

These water uses, in terms of the National Water Act, 1998 (Act No. 36 of 2016), include:

Section 21 (a): Taking water from a water resource: These activities include any abstraction of water from a water resource.

Section 21 (b): Storage of water:

Section 21 (c): Impeding or diverting the flow of water in a watercourse. This includes the construction of water within the regulated area of a watercourse.

Section 21 (d): Engaging in steam flow reduction.

Section 21 (e): Engaging in a controlled activity identified as such in section 37(1) or declared under section 28(1) of the NWA.

Section 21 (f): Discharging waste or water-containing waste into a water resource.

Section 21 (g): Disposing of waste in a manner that may detrimentally impact a water resource.

Section 21 (h): Disposing of waste in a manner which contains water from, or which has been heated in any industrial or power generation process.

Section 21 (i): Altering the bed, banks, courses, or characteristics of a watercourse. This water use activity usually ties in with the Section 21 (c) water use activity.

Section 21 (j): Removing, discharging or disposing of water found underground if it is necessary for the efficient continuation of an activity.

Section 21 (k): Using water for recreational purposes:

Section 21 (a):

Taking water from a water resource: These activities include any abstraction of water from a water resource.

Section 21 (b):

Storage of water.

Section 21 (c):

Impeding or diverting the flow of water in a watercourse. This includes the construction of water within the regulated area of a watercourse.

Section 21 (d):

Engaging in steam flow reduction.

Section 21 (e):

Engaging in a controlled activity identified as such in section 37(1) or declared under section 28(1) of the NWA.

Section 21 (f):

Discharging waste or water containing waste into a water resource.

Section 21 (g):

Disposing of waste in a manner which may detrimentally impact on a water resource.

Section 21 (h):

Disposing of waste in a manner which contains water from, or which has been heated in any industrial or power generation process.

Section 21 (i):

Altering the bed, banks, courses or characteristics of a watercourse. This water use activity usually ties in with the Section 21 (c) water use activity.

Section 21 (j):

Removing, discharging or disposing of water found underground if it is necessary of the efficient continuation of an activity.

Section 21 (k):

Using water for recreational purposes:

There are four (4) main types of authorisations associated with Section 21 water use activities, namely:

Schedule 1

Schedule 1 entitles a person to take a reasonable amount of water resource for the following:

Water use for reasonable domestic use by the household.
Gardening on a small scale (not for commercial or agricultural purposes).
Livestock watering (certain exclusions e.g. feedlots do not apply).
Small-scale domestic rainwater harvesting.
Emergency use e.g. fire-fighting purposes.
Recreation e.g. swimming or angling.

General Authorisation Registration

The General Authorisation (GA) entails the registration of a Section 21 water use to carry out an activity. The General Authorisation applies to activities below a certain threshold or deemed to pose a ‘low risk” to a water resource or watercourse. The relevant Gazetted General Authorisation needs to be consulted by the water user for guidance on these conditions and limits.

Existing Lawful Use

Existing Lawful Water Use (ELU) means the use of water authorisation by or under any law that took place at any time for a period of two years before the commencement of the National Water Act, 1998 (Act No. 36 of 1998). An Existing Lawful Water Use including the conditions thereto attached is recognised, but may continue only to the extent that it is not limited, prohibited, or terminated by the National Water Act, 1998 (Act No. 36 of 1998). A licence is not required to continue with an Existing Lawful Water Use until the Department of Water and Sanitation requires a person claiming such an entitlement to apply for a licence.

Water Use Licence Application

The water use licence application process requires an application to be submitted to the relevant regional office of the Department of Water and Sanitation for a water use activity to be triggered. A water use licence is required if an activity poses a “moderate” or “high risk” to a watercourse or water resource. The Department will undertake an assessment of the water use licence application submitted, and make a decision based on it.