Do I need a water use licence, or will a General Authorisation do?
Most water uses fall into one of three routes. Small domestic-scale use is Schedule 1 and needs no paperwork. Use within published limits can be registered under a General Authorisation in about two to four months. Anything above those limits, or storage and stream diversion, needs a full water use licence application taking roughly twelve to twenty-four months.
Which water use best describes what you are doing?
These are the eleven water uses listed in section 21 of the National Water Act 36 of 1998.
How this is decided in law
Water use in South Africa is regulated by the National Water Act 36 of 1998. Section 21 lists eleven water uses, lettered (a) to (k). If what you are doing appears on that list, it must be authorised in one of three ways: as a Schedule 1 use, under a General Authorisation, or under a full water use licence.
Schedule 1 is the narrowest route. It covers reasonable domestic use, small-scale gardening not for commercial sale, watering stock within the grazing capacity of the land, emergency firefighting and recreational use. No registration is required, but the moment volumes become commercial the exemption falls away.
A General Authorisation is published by the Minister under section 39 and replaces the need for a licence where the use stays within stated limits for a specific quaternary catchment. Registration is compulsory, the conditions are enforceable, and the limits differ across the country — the same borehole yield can be authorised in one catchment and require a licence in the next.
A full water use licence application is required where the use exceeds GA limits, or involves storing water, impeding or diverting a watercourse, altering a bed or bank, or discharging waste. These applications run through the DWS electronic system and are decided by the responsible authority after specialist studies and public participation.
The two things that most often derail an application are sequencing and delineation. Specialist studies commissioned in the wrong order have to be redone, and an undetected wetland within 500 metres of the works converts a straightforward abstraction into a section 21(c) and (i) matter. Both are avoidable with a proper pre-application screening.
Where water use has already started without authorisation, do not simply apply and hope. Unlawful use exposes you to a directive under section 19 or section 53 and to potential criminal liability. It is handled as a rectification-style matter, disclosed and managed deliberately.
Our fees on water matters are fixed and agreed in writing before work starts, and government application fees are included in the quoted amount. Specialist studies by third parties are quoted separately and at cost, because their scope is only knowable after screening.
| Water use | Typical route | Timeline | Indicative fee |
|---|---|---|---|
| Reasonable domestic use, stock watering, firefighting | Schedule 1 — no authorisation | Immediate | None |
| s21(a) abstraction within GA limits | General Authorisation registration | 2 – 4 months | R25,000 – R55,000 |
| s21(a) abstraction above GA limits | Full WULA | 12 – 24 months | R120,000 – R320,000 |
| s21(b) storage of water | Full WULA | 12 – 24 months | R120,000 – R320,000 |
| s21(c) / (i) works in or near a watercourse | Risk-based: GA or WULA | 4 – 24 months | R55,000 – R280,000 |
| s21(e) irrigation with wastewater | General Authorisation registration | 3 – 6 months | R35,000 – R70,000 |
| s21(f) / (g) / (h) waste discharge or disposal | Full WULA | 12 – 24 months | R150,000 – R320,000 |
| Use already started without authorisation | Disclosure plus WULA | 12 – 30 months | Quoted on facts |
The process, step by step
- 1Screening and route confirmation
We confirm which section 21 uses are triggered, check the General Authorisation limits for your quaternary catchment, and give you the route in writing with a fixed fee.
- 2Pre-application engagement with DWS
We meet the regional office to agree the scope of specialist studies before anything is commissioned, so nothing gets done twice.
- 3Specialist studies
Hydrology, geohydrology, wetland delineation and a risk assessment where the works are in or near a watercourse. Sequenced so each study feeds the next.
- 4Lodgement and public participation
We lodge on the DWS electronic system, register interested and affected parties, and run the participation process to the required standard.
- 5Queries and decision
We manage the department's information requests through to a licence or registration certificate, then hand you a compliance schedule in plain language.
Questions people ask
How long does a water use licence take in South Africa?
A General Authorisation registration is realistically two to four months. A full water use licence application is twelve to twenty-four months from lodgement, and longer where specialist studies must be repeated or the catchment is stressed. Anyone promising ninety days is not describing the DWS process.
What does a water use licence cost?
Our fixed fee is R25,000 to R55,000 for a General Authorisation registration and R120,000 to R320,000 for a full licence application, government fees included. Third-party specialist studies are quoted at cost once screening tells us which ones you actually need.
Do I need a licence for a borehole?
Not always. Reasonable domestic use is Schedule 1. Commercial-scale abstraction is a section 21(a) use, which is registered under a General Authorisation if it stays within your catchment's published limits and licensed if it does not.
Can I use water while my application is pending?
Only if the use is already lawfully authorised under Schedule 1, an existing lawful use, or a General Authorisation. A pending licence application gives you no right to take water, and abstraction in the meantime is what usually triggers a directive.
What is the difference between registration and a licence?
Registration records a use that a published General Authorisation already permits. A licence is a decision made on your specific application, with its own conditions. Registration is faster; a licence is more durable and transferable.
Does a change of ownership affect my water use entitlement?
Yes. Water use entitlements attach to the use and the property, and a transfer needs to be processed with the department. Buyers should verify the entitlement during due diligence rather than assume it follows the title deed.
What happens if I have been using water without authorisation?
It is dealt with as a disclosure matter alongside the application. The department can issue a directive under section 19 or section 53 and unlawful use carries criminal exposure, so it is better disclosed and managed than discovered.
Do you handle applications outside Gauteng?
Yes. We are based in Pretoria and act across all nine provinces, including at the Western Cape, KwaZulu-Natal and Limpopo regional offices.
Registration 2016/074955/07. Registered with the Department of Water and Sanitation (DWS) and an applicant for EAPASA registration. Regulatory and licensing advisory across South Africa — Pretoria offices, serving Gauteng, the Western Cape and all other provinces. 087 153 6207 · support@dlegal.co.za
This page is general information on the applicable legislation, not legal advice on your specific facts. Fee ranges are indicative; your fixed fee is agreed in writing before any work starts.