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Understanding Water Regulations in South Africa

Water is a precious resource in South Africa, and its use is governed by various laws, regulations, and licensing requirements. At Sir Dube's Water Supply, we are committed to helping our clients navigate these regulations to ensure compliance while meeting their water supply needs.

This guide provides an overview of the key regulations and licensing requirements related to water supply systems in South Africa. Please note that regulations may vary by municipality and are subject to change. We recommend consulting with local authorities or our regulatory experts for the most current information.

Disclaimer: The information provided on this page is for general guidance only and does not constitute legal advice. Laws and regulations are subject to change, and specific requirements may vary by location.

Key Water Legislation in South Africa

National Water Act (Act 36 of 1998)

The cornerstone of water resource management in South Africa, this act governs the protection, use, development, conservation, and management of water resources.

  • Establishes water as a national resource
  • Regulates water use rights and licensing
  • Provides for integrated water resource management
  • Addresses water conservation and demand management
Read More

Water Services Act (Act 108 of 1997)

This act provides the regulatory framework for water services institutions and water service providers in South Africa.

  • Establishes the right of access to basic water supply
  • Defines the roles of water service authorities
  • Sets standards for water service provision
  • Regulates water service providers and intermediaries
Read More

National Environmental Management Act (NEMA)

NEMA provides principles for decision-making on matters affecting the environment, including water resources.

  • Establishes environmental impact assessment requirements
  • Addresses pollution prevention and remediation
  • Promotes sustainable development principles
  • Provides for public participation in environmental governance
Read More

Municipal By-laws

Local municipalities may have specific by-laws governing water supply, use, and infrastructure within their jurisdictions.

  • Building regulations for water infrastructure
  • Local water use restrictions
  • Connection requirements to municipal water systems
  • Stormwater management regulations
Check Local By-laws

Water Use Licensing Requirements

Under the National Water Act, certain water uses require a license or registration. Understanding these requirements is essential for compliance with South African water law.

Types of Water Uses Requiring Authorization:

Taking Water from a Water Resource

Extracting water from rivers, streams, boreholes, or other water sources beyond specified thresholds.

Storing Water

Constructing dams or reservoirs that store water beyond certain volumes.

Impeding or Diverting Flow

Activities that impede or divert the flow of water in a watercourse.

Discharging Waste

Discharging waste or water containing waste into a water resource.

Controlled Activities

Engaging in activities declared as controlled activities, such as irrigation or certain industrial processes.

Altering Watercourse Characteristics

Activities that alter the bed, banks, course, or characteristics of a watercourse.

Water Use Licensing Process:

1
Pre-Application Consultation

Consult with the Department of Water and Sanitation (DWS) to determine if your water use requires a license.

2
Application Preparation

Prepare and compile all required documentation, including technical reports, environmental assessments, and property information.

3
Submission

Submit your application to the relevant Catchment Management Agency or DWS Regional Office.

4
Technical Assessment

DWS conducts a technical assessment of your application, which may include site visits and additional information requests.

5
Public Participation

For certain applications, a public participation process may be required to gather input from affected parties.

6
Decision

DWS makes a decision to approve, conditionally approve, or reject the application.

7
License Issuance

If approved, a water use license is issued with specific conditions and validity period.

Exemptions and General Authorizations

Not all water uses require a full license. The National Water Act provides for certain exemptions and general authorizations that simplify the regulatory process for specific water uses.

Schedule 1 Uses

These are small-scale water uses that are exempt from licensing requirements, including:

  • Reasonable domestic use
  • Small gardening (not for commercial purposes)
  • Watering animals (within certain limits)
  • Emergency use

General Authorizations

These allow for certain water uses without a full license, provided they meet specified conditions:

  • Taking water from specific water resources up to certain volumes
  • Storing limited quantities of water
  • Discharging certain types and quantities of waste
  • Engaging in specified activities in or near watercourses

General authorizations are published in the Government Gazette and may vary by region.

Existing Lawful Water Use

Water uses that were lawfully exercised within two years before the National Water Act came into effect (1998) may continue under certain conditions until:

  • They are verified by the responsible authority
  • A license is issued to replace the entitlement
  • The use is declared no longer lawful

Borehole Regulations

Borehole Drilling

Boreholes are a common water source in South Africa, especially in areas with limited municipal water supply. However, they are subject to specific regulations:

Registration Requirements:

  • All boreholes must be registered with the Department of Water and Sanitation
  • Registration is required regardless of water use volume
  • Existing boreholes must also be registered

Drilling Requirements:

  • Borehole drillers should be registered with the Borehole Water Association of Southern Africa
  • Minimum distances from potential contamination sources must be maintained
  • Proper construction techniques must be employed to prevent aquifer contamination

Water Use Considerations:

  • Water quality testing is recommended before use
  • Commercial use of borehole water typically requires a water use license
  • Some municipalities require notification if switching from municipal to borehole water
Consult Our Borehole Experts

Our Regulatory Compliance Services

Licensing Assistance

We guide clients through the water use licensing process, from application preparation to submission and follow-up.

Compliance Audits

Our experts conduct thorough assessments of your water systems to identify compliance issues and recommend solutions.

Documentation Preparation

We prepare all necessary technical documentation required for water use applications and regulatory submissions.

Regulatory Consultation

Get expert advice on water regulations applicable to your specific situation and location.

Water Quality Testing

We provide water quality testing services to ensure compliance with health and safety standards.

Regulatory Updates

Stay informed about changes in water regulations that may affect your water supply systems.

Useful Resources

Department of Water and Sanitation

Official government department responsible for water resource management in South Africa.

Visit Website

Water Use License Application Forms

Official forms and guidelines for water use license applications.

Download Forms

Water Research Commission

Research organization focused on water-related research and development in South Africa.

Visit Website

National Water Act (Full Text)

Complete text of the National Water Act (Act 36 of 1998).

Read Act

Need Help with Water Regulations?

Our regulatory experts are ready to assist you with all aspects of water licensing and compliance.

Contact Our Experts