Water Use License Applications

If a development activity involves development with the regulated area identified in terms of the National Water Act (Act 36 if 1998), Water Use Authorisation (WUA) will be required. Examples of these areas are:

· Wetlands within 500m

· Within 100m of a riparian area

· Within 1:100 year floodplain

· Within a wetland, stream or any other watercourse as identified by the National Water Act (36 of 1998)

· Activities impacting on groundwater

Additionally, Section 21 of the National Water Act identifies specific water uses that determine when water use authorisation is required, these are:

(a) Taking water from a water resource;

(b) Storing water;

(c) Impeding or diverting the flow of water in a watercourse;

(d) Engaging in a stream flow reduction activity contemplated in Section 36;

(e) Engaging in a controlled activity identified as such in Section 37(1) or declared under Section

38(1);

(f) Discharging waste or water containing waste into a water resource through a pipe, canal,

sewer, sea outfall or other conduit;

(g) Disposing of waste in a manner which may detrimentally impact on a water resource;

(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 characteristics of a watercourse;

(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; and

(k) Using water for recreational purposes.

In August 2016, the General Authorisation GN 44029 was promulgated. This notice replaces the need for a water user to apply for a licence in terms of the National Water Act (Act 36 of 1998) (“the Act “) provided that the water use is within the limits and conditions of this General Authorisation.

This general authorisation is applicable to Section 21 (c) and (i) water uses only, provided that the activity has a low-risk rating (refer to Notice GN 44029 for exclusions, e.g. sewage pipelines).

Two types of processes can be followed for water use authorisations, viz. a Full license or a General Authorisation. Contact us now to determine which process is applicable to your development activity. At ECA Consulting we run the EIA and WULA processes concurrently thereby ensuring effective time management on your project and an integrated environmental approach to assessing development impacts.