Rest assured, if you are taking water from a borehole or surface water resource for domestic use in your household or to irrigate your garden (not commercial), this, amongst others, is a “Permissible Use” listed in the National Water Act No 36 of 1998 that does not require authorisation. However, taking water from a borehole or surface water resource for commercial and industrial use likely requires Water Use Authorisation, unless it’s a confirmed by the Department of Water and Sanitation to be an “Existing Lawful Use” (the water use took place more than 2 years before the commencement of the National Water Act No 36 of 1998).
The “Water Uses” listed below require Water Use Authorisation, either in the form of a Water Use Licence, or Water Use Registration (referred to as a “General Authorisation”):
(a) taking water from a water resource – river abstraction or borehole abstraction (for example for irrigation of crops, mining, industrial or commercial use);
(b) storing water (for example in dams);
(c) impeding or diverting the flow of water in a watercourse (for example construction of structures/facilities within surface water resources, e.g. weirs, bridges, pipelines);
(d) engaging in a stream flow reduction activity – use of land for afforestation for commercial purposes (example planting of pine tree plantation);
(e) irrigation with wastewater – irrigating or discharging to land of wastewater;
(f) discharging waste or water containing waste into a water resource through a pipe, canal, sewer, sea outfall or other conduit (example, discharging of treated effluent into a wetland or river).
(g) disposing of waste in a manner which may detrimentally impact on a water resource (example, disposal of wastewater to a dam or for dust suppression / irrigation / evaporation);
(h) disposing in any manner of water which contains waste from, or which has been heated in, any industrial or power generation process;
(i) altering the bed, banks, course or characteristic of a watercourse (for example construction of structures/facilities within surface water resources, e.g. weirs, bridges, pipelines, introduction of unnatural characteristic to the resource);
(j) removing, discharging or disposing of water found underground if it is necessary for the efficient continuation of an activity or for the safety of people (example is dewatering of mine pits); and
(k) using water for recreational purposes – the use of surface water resources for fishing, boating, etc.
f you are unsure whether your “Water Use Activity” requires Water Use Authorisation or if you are looking for assistance with the Water Use Licence Application process or Water Use Registration process, please feel free to contact us directly.
Colleen McCreadie:
021 788 9323 | 083 695 1664 colleen@enviroprac.co.za
Lauren Elston:
021 788 9323 | 071 992 2341 lauren@enviroprac.co.za
