▶ Water Guide · Africa Estate Agricultural

Water Use Licences (WULs) Explained

Sections 21, 32 to 35, 39 and 40 to 42 of the National Water Act 36 of 1998, in plain language.

A Water Use Licence is the principal individual water-use authorisation under the National Water Act 36 of 1998, issued by the Department of Water and Sanitation under Sections 40 to 42 for water uses that fall outside Schedule 1 (limited use), Existing Lawful Use under Sections 32 to 35 (pre-1998 recognition), and General Authorisations under Section 39 (specific categories within prescribed limits). This guide explains the four authorisation categories, the eleven Section 21 water-use types, the application process, the realistic assessment timeline, the conditions attached to a WUL, and the transfer mechanics at sale.

▣ Key Facts at a Glance

  • Water Use Licences are issued under Sections 40 to 42 of the National Water Act 36 of 1998 by the Department of Water and Sanitation, with conditions, for a defined duration, and are generally transferable with the property subject to DWS endorsement at transfer.
  • Section 21 of the Act lists eleven categories of water use; most agricultural WUL applications cover Section 21(a) taking water, Section 21(b) storing water, and often Section 21(c) impeding or diverting flow.
  • Schedule 1 of the Act permits limited use without authorisation; Existing Lawful Use under Sections 32 to 35 recognises pre-1998 use; General Authorisations under Section 39 permit specific categories within prescribed limits; WULs cover everything outside these three.
  • Assessment timeline has historically had a legislated guideline of around three hundred days from a complete application, but actual timelines vary materially and often run longer.
  • WULs are issued with conditions covering registered volume, season of use, point of abstraction, monitoring and reporting obligations, and water-conservation requirements; compliance is monitored by DWS.
  • Section 43 of the Act enables Compulsory Licensing in stressed catchments, requiring all existing users to apply for licences as part of a broader catchment reallocation process.

The Four Authorisation Categories

Every commercial water use in South Africa sits in one of four authorisation categories. The categories are mutually exclusive for a given use; verifying the correct category at DWS is the foundation of every water-rights enquiry.

Schedule 1

Limited use without authorisation: small-scale domestic, stock-watering and gardening.

Schedule 1 of the National Water Act 36 of 1998 permits limited water use for reasonable domestic purposes, small-scale gardening not for commercial purposes, stock-watering within prescribed limits, and certain other small-scale uses. No formal entitlement is required for use within Schedule 1, but the prescribed limits must be observed. Most rural-residential and smallhold uses fall here.

Existing Lawful Use (ELU)

Recognition under the 1998 Act of water use lawfully carried out in the two years before the Act took effect.

Existing Lawful Use is the statutory recognition under Sections 32 to 35 of the National Water Act 36 of 1998 of water use that was lawfully carried out in the two-year qualifying period before the Act came into operation in October 1998. ELU does not require a fresh application but is recorded by the Department of Water and Sanitation through a verification and validation process. Many older agricultural water uses are held under ELU; verifying the registered position is critical to any irrigation-farm transaction.

General Authorisation (GA)

Specific water use categories permitted within prescribed limits by Ministerial notice under Section 39.

A General Authorisation is a Section 39 notice issued by the Minister of Water and Sanitation authorising specific categories of water use within prescribed limits, without the need for an individual Water Use Licence. The detail (categories, limits, areas of application, registration requirements) is set out in the relevant Gazette notice. General Authorisations cover certain abstraction volumes, stream-flow reduction activities and other defined categories.

Water Use Licence (WUL)

Individual authorisation issued under Sections 40 to 42 for water uses falling outside Schedule 1, ELU and GA.

A Water Use Licence is the principal authorisation for water use under the National Water Act 36 of 1998. WULs are issued by the Department of Water and Sanitation under Sections 40 to 42 of the Act, in response to an application that demonstrates the proposed use is reasonable, sustainable and aligned with the National Water Resource Strategy. WULs are issued with conditions, for a defined duration, and are transferable with the property subject to DWS endorsement at transfer.

The Eight-Step WUL Process

  1. 1. Identify which category of authorisation applies

    Schedule 1 (limited use, no authorisation needed), Existing Lawful Use (pre-1998 use recognised under Sections 32 to 35), General Authorisation (Section 39, within prescribed limits), or Water Use Licence (Sections 40 to 42, for use outside the other categories). Establish the correct category before lodging anything; lodging the wrong application restarts the process.

  2. 2. Determine which Section 21 water uses apply

    Section 21 of the Act lists eleven categories of water use: taking water from a water resource, storing water, impeding or diverting flow, engaging in stream-flow reduction activities, engaging in controlled activities, discharging waste, disposing of waste, disposing in a manner that may detrimentally impact a water resource, altering the bed or banks, removing groundwater for safety, and using water for recreation. Most agricultural applications cover taking water (Section 21(a)) and storing water (Section 21(b)); irrigation farms also typically need Section 21(c) where flow is diverted.

  3. 3. Compile the supporting documentation pack

    A WUL application typically requires: a written motivation, water-balance calculations, hydrological and hydraulic information, environmental authorisation where NEMA listed activities are triggered, the proposed Integrated Water Use Management Plan, public participation evidence where relevant, and supporting maps and site information. The pack drives the assessment timeline; incomplete applications stall.

  4. 4. Lodge the application with the Department of Water and Sanitation

    Applications are lodged with the relevant DWS regional office, which routes the assessment through the technical, ecological and stakeholder consultation processes. The Electronic Water Use Licence Application and Authorisation System (eWULAAS) is the standard channel where active for the relevant region. Confirm the current lodgement procedure with DWS or a specialist water consultant before submitting.

  5. 5. Respond to clarifying queries during assessment

    DWS will return queries on technical, ecological or stakeholder aspects of the application. Respond promptly and completely; partial responses lengthen the assessment cycle. Many WUL applications attract queries; the response quality affects the outcome.

  6. 6. Plan for realistic assessment timelines

    WUL assessment timelines vary materially by region, complexity and DWS workload. Three hundred days from a complete application has been the legislated guideline, but actual timelines often run longer. Build realistic timing into any farm-purchase Offer to Purchase that depends on a WUL outcome; do not assume rapid issue.

  7. 7. Understand the conditions attached to a WUL

    WULs are issued with conditions: registered volume, season of use, point of abstraction, monitoring and reporting obligations, water-conservation requirements, and any stakeholder-related conditions. The conditions form part of the property's ongoing operational reality and must be complied with throughout the licence term. Compliance is monitored by DWS.

  8. 8. Handle WUL transfer at sale of the property

    WULs transfer with the property subject to DWS endorsement at transfer of the land. The conveyancer coordinates the endorsement with the Deeds Office registration under the Deeds Registries Act 47 of 1937. Confirm the endorsement before relying on the WUL post-transfer; an unendorsed transfer creates uncertainty that surfaces at the next sale or at the next compliance review.

Frequently Asked Questions

What is a Water Use Licence (WUL)?

A Water Use Licence is the individual authorisation issued under Sections 40 to 42 of the National Water Act 36 of 1998 for water uses that fall outside Schedule 1 (limited use), Existing Lawful Use (pre-1998 recognition under Sections 32 to 35), and General Authorisations (Section 39 notices for prescribed categories). A WUL is issued by the Department of Water and Sanitation with conditions, for a defined duration, and is generally transferable with the property subject to DWS endorsement at transfer.

When do I need a WUL?

When the proposed water use falls outside Schedule 1, is not covered by an Existing Lawful Use recognition, and is not authorised by a General Authorisation. Practically, most new commercial-scale irrigation abstraction, new storage, new stream-flow reduction activities, and most expansions of existing use beyond the ELU or GA limits require a WUL. The exact answer depends on the specific use, the catchment, and the current DWS position.

What are the Section 21 categories of water use?

Section 21 of the National Water Act 36 of 1998 lists eleven categories: (a) taking water from a water resource, (b) storing water, (c) impeding or diverting flow, (d) engaging in stream-flow reduction activities, (e) engaging in controlled activities, (f) discharging waste, (g) disposing of waste, (h) disposing in a manner that may detrimentally impact a water resource, (i) altering the bed or banks of a watercourse, (j) removing groundwater for the safety of an underground workings, and (k) using water for recreation. Most agricultural WUL applications cover (a) and (b), often (c) where flow is diverted.

How long does a WUL application take?

The legislated guideline has historically been around three hundred days from a complete application, but actual assessment timelines vary materially by region, complexity, and the current Department workload, and often run longer. Build realistic timing into any farm-purchase Offer to Purchase that depends on a WUL outcome. Specialist water consultants familiar with the relevant DWS regional office give the most accurate current estimates.

What is the difference between a WUL, an ELU and a General Authorisation?

A WUL is an individual authorisation issued under Sections 40 to 42 for a specific applicant and use. Existing Lawful Use is statutory recognition under Sections 32 to 35 of water use lawfully carried out in the two-year qualifying period before the Act took effect in October 1998. A General Authorisation is a Section 39 notice issued by the Minister authorising specific categories of use within prescribed limits, without an individual application. The three are mutually exclusive in respect of a given use: only one applies, and the verification at DWS establishes which.

Does a WUL transfer with the property when I sell the farm?

In general, yes. WULs transfer with the property subject to DWS endorsement at transfer of the land. The conveyancer coordinates the endorsement with the Deeds Office registration under the Deeds Registries Act 47 of 1937. The buyer should confirm the endorsement is in place before relying on the WUL post-transfer; an unendorsed transfer creates uncertainty for the buyer and surfaces at the next sale or compliance review.

What is Compulsory Licensing?

Section 43 of the National Water Act 36 of 1998 enables the Minister, in stressed catchments, to require all existing water users to apply for licences as part of a compulsory licensing process. The objective is to reallocate water in a stressed catchment based on the broader water-resource plan. Compulsory licensing has been applied or considered in certain South African catchments; verify the current position for the catchment of interest before assuming the ordinary licensing process applies.

Where do I find the WUL application form?

Applications are typically lodged through the Electronic Water Use Licence Application and Authorisation System (eWULAAS) where active for the relevant region, or through the relevant DWS regional office. Confirm the current lodgement procedure with DWS or with a specialist water-use consultant before preparing the pack. The lodgement procedure has changed over time and varies by region.

Sources & Regulatory References

  • National Water Act 36 of 1998. The governing statute. Administered by the Department of Water and Sanitation.
  • Section 21, National Water Act 36 of 1998. Lists the eleven categories of water use that require authorisation.
  • Sections 32 to 35, National Water Act. Existing Lawful Use provisions.
  • Section 39, National Water Act. General Authorisations issued by the Minister.
  • Sections 40 to 42, National Water Act. Water Use Licence application and conditions.
  • Section 43, National Water Act. Compulsory Licensing in stressed Water Management Areas.
  • Water Services Act 108 of 1997. Bulk-supply framework administered by DWS.
  • National Environmental Management Act 107 of 1998 (NEMA). Where the proposed water use triggers a NEMA listed activity, environmental authorisation runs in parallel with the WUL application.
  • Deeds Registries Act 47 of 1937. Governs the registration of transfer at the Deeds Office, including water-right endorsement at transfer. Administered by the Chief Registrar of Deeds.

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