A water use license is a formal authorization to use water from a water resource, such as a river, stream, or groundwater. In South Africa, the Department of Water and Sanitation ...

A water use license is a formal authorization to use water from a water resource, such as a river, stream, or groundwater. In South Africa, the Department of Water and Sanitation (DWS) issues these licenses under the National Water Act (Act 36 of 1998). 

Why a water use license is needed

The purpose of the licensing system is to manage water resources sustainably and equitably for the public good. It is required for specific water use activities, while limited, non-commercial uses are exempt under Schedule 1 of the National Water Act. 

Activities that typically require a license

The National Water Act identifies eleven types of water use that require a license: 

• Taking and storing water: Abstracting water from a resource like a river or borehole and containing it in a dam.
• Impacting a watercourse: Impeding or diverting the flow of water, which includes constructing bridges, weirs, or pipelines.
• Polluting water: Discharging waste, including industrial or heated water, into a water resource.
• Changing a watercourse: Altering the physical characteristics of a riverbed or its banks.
• Water-intensive activities: Engaging in activities that reduce stream flow, such as large-scale commercial forestry.
• Other controlled activities: This can include aquifer recharging with waste, power generation that alters water flow, or weather modification. 

The license application process

The process for a water use license application (WULA) is a complex procedure that can take several months. It generally involves the following steps: 

1. Pre-application phase: The applicant engages with the DWS to determine the specific information required for their application.
2. Application submission: The applicant compiles and submits the application, including technical reports and specialist studies, using the online e-WULAAS system.
3. Site inspection and public participation: A site visit may be conducted, and a public participation process is required to allow interested parties to comment on the proposed water use.
4. Technical assessment: The DWS assesses the technical report and evaluates the application against relevant factors, including its socio-economic impact and sustainability.
5. Final decision and issuance: A delegated authority at the DWS approves or refuses the license application. If approved, the license is issued with specific conditions. 

General Authorisations vs. Full Licenses

For water use activities that pose a lower risk to the water resource, a streamlined process called a General Authorisation (GA) may apply. GAs allow certain water uses to be registered rather than licensed, and can be finalized much faster than a full license application. 

Who is affected by these laws?

A broad range of users are affected by the National Water Act and the need for a license, including: 

• Property developers
• Farmers and other agricultural operators
• Mining and industrial companies
• Anyone involved in large-scale water abstraction, storage, or waste discharge 

Ourbiosphere can assisit you with the application for a Water Use License if you call us now: 073 977 9414 or email: musa@ourbiosphere.co.za