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Water Use Authorisation FAQ
Yes, you need a Water Use Licence in South Africa under the National Water Act if your water activity falls under Section 21 and is not covered by an exception. Uses encompass water abstraction (from a borehole or a river), dam storage, wastewater discharge or storage (via disposal, irrigation, or tailings), commercial forestry, and any activities in and near wetlands and rivers. Upstream Consulting can advise you on whether an authorisation is required for your activity.
To authorise new water uses, three mechanisms exist in order of increasing complexity: Schedule 1 uses under the National Water Act (NWA), registering water use via a General Authorisation (GA), and applying for a water use licence (WUL). For Existing Lawful Use (ELU), an additional validation and verification (V&V) process is required.
It is the area around a river, wetland or other watercourse within which Section 21(c ) and (i) water uses must be considered. For wetlands, this generally extends 500 m from the delineated wetland boundary; for rivers and other watercourses it is linked to the riparian area, 1:100-year floodline or, where these have not been determined, a 100 m distance.
A General Authorisation (GA) allows specific low-risk water use activities (such as minor/ temporary construction/ maintenance works in a watercourse, or low volume abstraction) to be conducted without needing a Water Use Licence, provided certain conditions and registration requirements are met (such as a SACNASP specialist Risk Matrix for Section 21(c) and (i) water uses). However, medium- to high-risk activities, major industrial waste/sewerage works, or large-scale mining operations do not qualify and still require a full Water Use Licence Application (WULA). Upstream will help you determine what is required and do the relevant application for you.
It is the area around a river, wetland or other watercourse within which Section 21(c ) and (i) water uses must be considered. For wetlands, this generally extends 500 m from the delineated wetland boundary; for rivers and other watercourses it is linked to the riparian area, 1:100-year floodline or, where these have not been determined, a 100 m distance.
It depends on the water uses, whether a General Authorisation or full Water Use Licence is required, the specialist studies and public participation needed, and any additional information requested by the authority. A full WULA can take several months to complete and process, while a qualifying General Authorisation is generally much quicker. Using an experienced consultant helps minimise avoidable delays.
No, not necessarily. NEMA Environmental Authorisation, town planning approval and National Water Act authorisation are separate approval processes, even though they may relate to the same project. A project can therefore have one approval in place and still require a separate Water Use Licence or General Authorisation.
Wetlands and Rivers FAQ
Wetland delineation is the scientific and field-based process of identifying, characterizing, and mapping the precise boundaries that separate a wetland ecosystem from adjacent upland (dry) land. There are 3 core indicators: Hydrophytic Vegetation, Hydric Soils, and Wetland Hydrology.
A wetland buffer zone is determined by measuring a protective perimeter outward from the delineated boundary of a wetland. Rather than using a generic “one-size-fits-all” number, contemporary environmental management relies on a risk-based framework to calculate the appropriate width.
The primary factors and steps used to calculate a specific wetland buffer zone include:
- Evaluation of the Proposed Land Use (The Threat)
- Sensitivity and Characteristics of the Wetland
- Biodiversity and Ecological Importance
Satellite imagery, drone maps, and desktop GIS tools (like South Africa’s National Wetland Map) are very useful for broad environmental planning, but they are not 100% accurate on their own. Field work is essential because remote data cannot definitively capture the microscopic, underground, or seasonal realities of a dynamic ecosystem and this opens your project up for multiple financial, legal and ecological risks.
Yes, sometimes development can take place within a wetland buffer zone, but it would be highly restricted, heavily regulated, and never allowed by default.
In South Africa, any activity within a buffer zone or near a wetland requires strict legal approvals before a single brick is laid or any soil is cleared. Attempting to build without these can result in massive fines (up to R5 million) or orders to demolish the structures.
The Department of Water and Sanitation (DWS) uses the DWS Risk Assessment Matrix as a standardized regulatory spreadsheet tool in South Africa. Its primary function is to mathematically calculate the level of risk a proposed development poses to a watercourse or wetland, which directly determines the type of legal water use authorization required for the project.
This matrix is specifically used for activities triggering Section 21(c ) (impeding or diverting flow) and Section 21(i) (altering the bed, banks, or characteristics) of the National Water Act.
By removing subjectivity from environmental approvals, the DWS Risk Assessment Matrix serves as a fair mechanism. If a specialist can prove through the matrix that a development within that 500-meter zone will safely maintain a Low Risk score through proper engineering (like installing silt traps or advanced stormwater systems), the developer is legally permitted to follow the fast-tracked General Authorisation route instead.
Aquatic Biodiversity FAQ
You may need one if your project could affect a wetland, river, estuary or other aquatic habitat, or if the DFFE Screening Tool identifies aquatic sensitivity. Additionally, aquatic features are not always obvious or shown on national maps— for example, a channel that only flows after heavy rain or a pan that is dry for much of the year may still be relevant from an environmental or water act perspective, so a site assessment can be useful to confirm this.
Aquatic biodiversity / freshwater habitat specialist assessments are often required to support NEMA environmental applications and National Water Act authorisation processes, but they are also useful for development planning, management plans, monitoring and rehabilitation. They identify aquatic sensitivities early, and Upstream can advise what further assessment, authorisation or management is needed.
Choose a suitably qualified, SACNASP-registered specialist with substantial practical experience, ideally more than 10 years and across different regions and project types. Wetlands, rivers and estuaries vary greatly between climates, landscapes and levels of disturbance, and the pressures created by a mine, housing development, road, bridge or wastewater facility are very different.
Not everyone undertaking aquatic assessments has the same depth of specialist expertise. A more generalist or less experienced practitioner may not have the technical depth or practical experience to recognise complex risks, anticipate regulatory requirements or develop workable solutions.
Upstream specialists recognise the important issues early, understand what regulators are likely to require, and recommend practical solutions that work in the real world. Good specialist advice can influence not only the quality of an assessment and prevent delays but also contribute to how successfully the project operates afterwards.
The specialist first reviews the proposed activity, available desktop information and spatial datasets, then undertakes a site assessment to identify, delineate and assess the condition and sensitivity (PES/EIS) of wetlands, rivers or other aquatic features. Field verification is essential because desktop mapping does not always reflect site conditions accurately, and proper assessment often depends on site-specific indicators such as soils, vegetation, hydrology, landform and disturbance.
Aquatic features, buffers, and development footprints are then accurately mapped using GIS software and assessed in context. Where required, this is followed by impact and risk assessment, buffer determination, and practical mitigation and management recommendations to guide project design, authorisation, monitoring or rehabilitation.
A high-quality technical report is then essential to clearly communicate the findings, methods and recommendations in a way that is scientifically robust, practical and defensible.
There is no single standard buffer for every wetland or river. The appropriate buffer depends on the sensitivity and condition of the aquatic system, the type and intensity of the proposed activity, and the risks it may create. A specialist assessment using recognised scientific methods and tools is used to determine a defensible, site-specific buffer.
This should not be confused with regulatory distances in environmental legislation, such as 32 m or specified excavation volumes. These are legal screening or authorisation triggers and are not the same as an ecological buffer recommended by an aquatic specialist.
The Screening Tool gives an initial desktop indication of aquatic sensitivity, which must be checked by an aquatic specialist. If Very High sensitivity is confirmed, a full Aquatic Biodiversity Specialist Assessment is generally required. If the site is confirmed as Low sensitivity, a simpler Aquatic Biodiversity Compliance Statement is usually sufficient. Desktop mapping is useful for screening, but field verification is often needed to confirm what is actually present. The specialist’s site verification can also show that the desktop sensitivity rating should be changed.
In South African environmental management and water law, PES and EIS assessments are two interconnected scientific frameworks used to evaluate the health, importance, and sensitivity of an aquatic ecosystem (such as a wetland or river).
They are mandatory components of an environmental impact assessment (EIA) or a Water Use License Application (WULA) and they are carried out by registered wetland specialists such as Upstream Consulting.
1. PES: Present Ecological State: The PES assessment measures how much the wetland has been altered from its natural, untouched condition due to human impacts. It evaluates three main drivers: hydrology (water flow), geomorphology (landform/soil physical traits), and vegetation.
2. EIS: Ecological Importance and Sensitivity: The EIS assessment determines how important the wetland is to biodiversity and how vulnerable it is to further environmental changes.
Development and Compliance FAQ
As early as possible, ideally while the project layout or engineering design is still flexible. Early specialist input can identify constraints and opportunities before they become expensive design or authorisation problems. But it is never too late to consult us.
Not necessarily. In many cases the project can be adapted through layout changes, buffers, mitigation or appropriate management. The specialist’s role is to identify the real constraints and help find a practical way forward where possible. And where unavoidable residual impacts remain, there is potential to assist with biodiversity offsetting as a last resort.
Yes. This can include early project screening and constraints analysis, aquatic specialist assessments, Risk Assessment Matrices, General Authorisations and Water Use Licence Applications, through to rehabilitation, compliance and monitoring. Where broader environmental approvals are required, we can also work with and help coordinate EAPs, engineers, planners and other environmental specialists.