- Louise Agenbag, Polygon Environmental Planning
When you hear the term “water use”, the first thing you probably think of is water abstraction – taking water from a water resource such as a river, dam or borehole. What most people don’t realise is that a variety of activities are classified as “water uses” in terms of Section 21 of the National Water Act of 1998, and undertaking these activities without water use authorisation from the Department of Water and Sanitation (DWS) can put you on the wrong side of the law. If you run a farm or related facility such as a packhouse, it’s a good idea to get to know the Section 21 water uses and the types of water use authorisations that might be required.
The water uses most relevant to agriculture are the following:
- 21(a): Taking water from a water resource, e.g. river / stream, spring, dam or borehole.
- 21(b): Storing water, whether in instream or off-stream dams.
- 21(c): Impeding or diverting the flow of water in a watercourse, e.g. through instream dams or weirs, or stream crossings by e.g. roads or pipelines.
- 21(d): Engaging in a stream flow reduction activity – relevant to timber plantations.
- 21(e): Engaging in a controlled activity identified as such in Section 37(1) or declared under section 38(1). Section 37(1) refers to irrigation of any land with waste or water containing waste generated through any industrial activity or by a waterwork. This is relevant to irrigation with treated effluent from a wastewater treatment system, such as one that serves a packhouse or staff village.
- 21(f): Discharging waste or water containing waste – such as treated effluent from a wastewater treatment system – into a water resource (such as a stream) through a pipe, canal, sewer, sea outfall or other conduit.
- 21(g): Disposing of waste in a manner which may detrimentally impact on a water resource. This is relevant to certain types of wastewater treatment systems.
- 21(i): Altering the bed, banks, course or characteristics of a watercourse, e.g. through instream dams or weirs, or stream crossings by e.g. roads or pipelines.
This doesn’t mean that you necessarily need to undergo an onerous Water Use Licence Application (WULA) to undertake any of these activities. Certain small-scale or low-impact water uses are covered by other types of water use authorisations, so that you don’t need to apply for a WUL. There are four types of water use authorisations:
- Schedule 1 water use: Certain specified small-scale uses that don’t require any application to be submitted, e.g. watering of livestock that are grazing on the land, within the property’s carrying capacity. This excludes feedlots.
- General Authorisation (GA): If a water use is within certain limits specified in the gazetted GA, no WUL is needed, but the water use must be registered with DWS. Separate GAs have been published for different water uses. If an activity triggers more than one water use – e.g. an instream dam which triggers Sections 21(b), (c) and (i) – it is important to look at the GA for each of these water uses to confirm whether the activity is covered by the GA.
- Existing Lawful Use (ELU): If your water use dates from before the commencement of the National Water Act in 1998, and was lawfully undertaken during the qualifying period of 1996 to 1998, it might be regarded as ELU. However, the water use must be registered with DWS, who must also verify that the water use was lawfully taking place during 1996 to 1998 as well as the scale thereof during the qualifying period, before issuing a Section 35(4) certificate confirming the use as ELU. If your water use is registered but has not been subjected to Validation and Verification (V&V) by DWS, you will see fine print on your registration record stating that it “is not an acknowledgement of an entitlement to the registered water use” and “may not be used to create the impression that it is proof of a water use entitlement.” If this is the case, V&V can still be requested from DWS. Also, if your water use dates from the qualifying period but is not registered with DWS, a late registration and V&V can be requested.
- Water Use Licence (WUL): If a Section 21 water use is triggered and it does not fall in one of the above-mentioned categories, a WUL must be applied for through a Water Use Licence Application (WULA) process. If more than one water use is triggered, an integrated WULA should be undertaken.
If you are uncertain about the legal status of the water uses on your farm, contact Polygon Environmental Planning in Tzaneen for an audit of Section 21 water uses on your property, existing water use authorisations if any, and authorisations that may be required. If you are planning a new project or expansion of existing activities, Polygon can also provide guidance as to the applications required and advise on planning aspects which can affect the environmental impact and the type of authorisation required, such as amendments to the layout so as to avoid sensitive features like wetlands, which may enable the project to be covered by the GA instead of requiring the longer WULA process.
With demand for water increasing across all sectors, water is becoming an ever scarcer commodity, which DWS has the responsibility of managing for the benefit of all. Registering or licensing your water use not only minimises your risk of non-compliance and the consequences thereof, but also helps DWS to better manage the available resources in the long term – something we will all benefit from.