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Registration for water use

using water for farming
Water being used for irrigation

Description

South Africa's scarce water resources are under increasing pressure. We will have to use them efficiently, effectively and wisely if we wish to build a sustainable future. In order to do this, government needs to know how much water is used, by whom, and where. Once we know this, we will be able to measure it against how much water is actually available for use. In some areas we will then find that there is still extra water that can be made available for use. In other areas we will find that there is already more water being used than the water resources can provide without considerable damage to the aquatic ecosystems.

The National Water Act, 1998 (Act 36 of 1998) gives the Department of Water Affairs the tools to gather the information that we need for the optimal management of our water resources. The registration of water use is one of these tools.

What is registration?

Registration comprises the asking and answering of four basic questions:

  • Who are you?
  • Where are you?
  • How much water are you using?
  • What are you using it for?

A registration form will be provided to anyone who must register their water use. The registration form comprises a number of pages in order to contain all the supporting information that the Department of Water Affairs requires. This information will enable us to build up a picture of water use in the various catchments.

Who must register?

All water users instructed to register are obliged by law to do so. There are strict penalties prescribed in the Act for those who do not comply. In future, when water users are required to apply for licences, those who did not register will lower their chances of getting a licence to use water.

Water users must register for water use if they do not receive their water from a service provider, local authority, water board, irrigation board, government water scheme or other bulk supplier and who are using water for:

  • irrigation
  • mining purposes
  • industrial use
  • feedlots, or
  • in terms of a General Authorisation.

These cover the use of surface and ground water. Other uses which must be registered, include:

  • diversion of rivers and streams
  • discharges of waste or water containing waste
  • Storage: Any person or body storing water for any purpose (including irrigation, domestic supply, industrial use, mining, aquaculture, fishing, water sport, aesthetic value, gardening, landscaping, golfing, etc) from surface runoff, groundwater or fountain flow in excess of 10 000 cubic meters or where the water area at full supply level exceeds one hectare in total on land which they own or occupy unless they have permit or permission.
  • Stream flow reduction activities (afforestation): All afforestation (tree planting) for commercial purposes, including communal forestry for commercial gain, that took place prior to 1972. (Forest owners who have permits issued under the Forestry Act need not register, as the Department of Water Affairs will send them completed registration documents, compiled from our records, to amend if required, to sign and return).
  • Local authorities and other bulk suppliers with their own water sources and purification works.
  • Controlled activities, such as irrigating with waste, power generation with water, atmospheric modification or recharging an aquifer.

Existing lawful use

Registration also applies to all existing lawful use, which is defined in the National Water Act as a water use:

  • which took place at any time during a period of two years immediately before 1 October 1998 or
  • which has been declared an existing lawful water use under Section 33, and, which was authorised by or under any other law before that date.
It also applies to those engaged in stream-flow reduction activities (afforestation) or controlled activities, described above.

If in doubt, contact your nearest Water Affairs Office and ask!

Who does NOT need to register

  • If you receive water from a local authority, a water board, an irrigation board or another bulk water supplier. The Department will register you if required and send you a certificate or a semi-completed application to fill in.
  • The National Water Act allows a person to take water for reasonable domestic use directly from any water resource to which he or she has lawful access. No licence or registration is required for this.
  • It also allows a person to take water for small gardens (not for commercial purposes) and the watering of animals (excluding feedlots) on land owned or occupied by that person, from any water resource which is situated on or forms a boundary of that land. The use may not be excessive in relation to the capacity of the water resource and the needs of other users. This means that most users using groundwater in towns and cities and those users with windmills on their own properties need not register.

Why register?

  • To manage water resources:
    • To be able to manage the water resources of South Africa, the Department needs to know where and what water is being used. To manage the water resources effectively means that the Department requires measurement of all the important parameters. This will enable the Department to fulfil the mandate of the National Water Act which strives to promote the optimal beneficial use of water in the public interest.
  • To ensure fair share allocation:
    • To be able to allocate water, the Department must know both how much water is available, and how much is already being used.
  • To protect the environment:
    • The National Water Act requires the protection of the aquatic environment. To achieve this we must ensure that water use is efficient, is well planned, and that pollution is reduced to a minimum.
  • To enable the Department to charge for water:
    • In terms of the Department's pricing strategy, all users have to pay for water. Once registered, water users will be charged for the water they use. These charges will contribute to the proper management of our water resources, thus protecting the future water security of users.

Where must you register?

Contact any Regional Office of the Department of Water Affairs for the relevant forms and assistance.

How and when do you register?

  • Personal contact: If the Department of Water Affairs is already aware of your water use, they will contact you directly. Agricultural unions, farmers unions, non-governmental organisations (NGOs), etc will be asked to mobilise their members or stakeholders to register.
  • Media: When required to register a specific use in a defined geographic area, advertisements will be placed in the local media to inform such users to register. This will be done in a phased manner.
  • Website: Most of the information regarding the implementation of the Act is available on the website of the Department of Water Affairs.

Benefits of registration

Registering your water use promptly and correctly will improve your claim to lawful use established before the promulgation of the Act.

  • If you register, you will not have to face prosecution for non-compliance.
  • If you do not register you might lose your claim to use water. Ultimately all significant water use will be licensed.
  • If you are not registered, we will not be aware of your use and will not be able to licence your water use!
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Steps to follow

  • Determine the correct water use(s).
  • Contact your nearest regional office of the Department of Water Affairs (DWA).
  • Complete the relevant forms with the assistance of a regional officer.
  • Submit the forms at your nearest regional office of DWA with the following documents:
    • particulars of the applicant
    • property where water use occurs
    • details of the property owner
    • declaration by applicant
    • declaration by property owner
    • certified copy of identity document
    • certified copy of property deed
    • certified copy of lease agreement.
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Legal framework

(Documents are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

National Water Act, 1998 (Act 36 of 1998)

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Service standard

The registration process takes one month provided all the required information is provided.

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Cost

R114 (This fee only applies to licence applications).

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Forms to complete

Application forms are available at the Department of Water Affairs regional offices.

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