Water Use Authorisations
The Department of Water and Sanitation (DWS) is responsible for managing South Africa’s water resources and watercourses to ensure their conservation and protection for future generations, while promoting sustainable use. The Department is committed to advancing the efficient and sustainable use of water in line with the National Water Act, 1998 (Act No. 36 of 1998, as amended) (NWA).
Under Section 21 of the NWA, there are eleven (11) activities considered as water use that require regulatory approval or registration from the DWS to ensure they are undertaken lawfully.
These water uses, as defined in the NWA, include:
The Department of Water and Sanitation (DWS) is responsible for managing South Africa’s water resources and watercourses to ensure their conservation and protection for future generations, while promoting sustainable use. The Department is committed to advancing the efficient and sustainable use of water in line with the National Water Act, 1998 (Act No. 36 of 1998, as amended) (NWA).
Under Section 21 of the NWA, there are eleven (11) activities considered as water use that require regulatory approval or registration from the DWS to ensure they are undertaken lawfully.
These water uses, as defined in the NWA, 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 activity.
- 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.
Water Use Authorisations
ENVASS offers expert services for obtaining water use authorisations, ensuring compliance with the NWA and related regulations. Our team assists with the application, registration, and approval processes for various water use activities, helping clients navigate legal requirements efficiently.
There are four (4) main types of authorisations associated with Section 21 water use activities, namely:
A Schedule 1 water use under the NWA refers to specific water uses that are permitted without the need for a formal water use licence, provided they meet certain criteria. These uses include activities such as using water for domestic purposes, watering of livestock, and small-scale gardening for subsistence.
Schedule 1 water use is limited in scope to ensure that it does not negatively impact the environment or other water users. However, users must still adhere to the conditions outlined in the Act to maintain legal compliance.
A General Authorisation under the NWA allows certain water use activities to be conducted without the need for individual water use licences, provided they meet specific conditions outlined in the Act. It applies to activities that have a minimal impact on water resources, such as certain small-scale water uses or those in specified geographical areas. General Authorisations help streamline the regulatory process while still ensuring water conservation and management. However, activities under this authorisation must comply with the conditions set forth to avoid adverse environmental impacts.
An Existing Lawful Water Use under the NWA refers to water uses that were lawfully undertaken prior to the Act’s implementation and are recognised as legally valid. These uses must have been consistent with the prevailing water management regulations at the time and can be claimed through a formal registration process with the Department of Water and Sanitation (DWS). Existing Lawful Water Uses are protected, provided they continue to meet the conditions under the Act and do not cause harm to water resources. It is important for users to register these water uses to ensure ongoing legal compliance.
A Water Use Licence under the NWA is required for activities that involve the use of water in a way that may have a significant impact on water resources. This includes activities such as large-scale water abstraction, waste discharge into water bodies, and any water use not covered by a General Authorisation or Schedule 1. The licensing process ensures that water use is sustainable, does not harm the environment, and is allocated fairly. Applicants must submit a detailed application, which is reviewed and approved by the Department of Water and Sanitation.
In addition to water use authorisations, ENVASS also provides services to comply with these authorisations, including:
- Development and updates of Integrated Water and Waste Management Plan (IWWMP)
- Development and updates of Rehabilitation Strategy Implementation Plan (RSIP)
- Water Conservation and Water Demand Management Plans
- Water and Salt Balances
See How We Drive Responsible Environmental Management
Browse our completed projects to understand how ENVASS helps clients achieve compliance, protect ecosystems, and deliver sustainable results.
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