The National Water Act No. 36 of 1998 (NWA) identifies eleven different water uses in Section 21 for which the Department of Water & Sanitation (DWS) must grant authorisation by giving a water use licence. Such uses include taking water from a water resource, storing water, impeding or diverting the flow of water in a watercourse, and engaging in a stream flow reduction activity.
If you have any questions about applying for a water use licence, or other Labour or Land issues, contact McCarthy & Associates Attorneys on (033) 266 6170 or via email
Source: McCarthy & Associates Attorneys
The Water Use Licence Application process (commonly referred to as “WULA”) is required when there is an impact on a water resource, and the proposed activity does not fall within the conditions of a general authorisation to use a water resource, which merely requires registration. Failure to obtain a water use licence for one or more of the listed activities in Section 21 of the NWA may lead to one receiving a hefty fine, which could be in the millions!
Unfortunately, some only come to realise this too late, as experienced by many farmers who have built dams without the necessary water use licence. Building a dam falls into one, if not all four, of the above mentioned water use activities for which such a licence is required.
Because the water in South Africa is a state-owned resource and due to its scarcity in our country, the application process is aimed at firstly protecting water as a natural resource. It is also geared towards ensuring that how water is used or stored has a minimal negative impact on the environment and that its use is beneficial and sustainable.
The WULA process requires that the site where the proposed or existing activity is occurring must be visited and analysed. Furthermore, public participation is necessary, along with detailed specialist assessments of the potential impacts on water resources. The competent authority in the DWS will then assess the application and, depending on the circumstances, will either accept and grant authorisation for the water use activity or reject it, thus ending the application.
Going ahead without the necessary authorisation risks not only a fine but also having your activity prohibited and being compelled to demolish or dismantle any infrastructure you have erected for it.
Therefore, if you intend to build a dam or even suspect that any water use you have planned may require a licence, it is best to obtain assistance to navigate the application process, handle any queries raised, or deal with any directives already issued against you by the DWS.