Refer to section 2.2 e) Land Use Planning and Access.

At a national level, the Department of Water and Sanitation (DWS) administers the National Water Act (NWA), 1998 (Act No. 36 of 1998). At a water management area level, the catchment management agency (CMA) is responsible for the implementation of the NWA for all water resource management related activities. In areas where there is no CMA, the DWS will fulfil this water resource management function. Stakeholders with authorisations that have already expired under the NWA are advised to make an application to the DWS immediately.

Water uses associated with freshwater aquaculture development and operation require an application for a general water use authorisation (GA) should the water use fall within the thresholds of a GA or a water use licence (WUL) in terms of section 21 of the NWA. The processing and allocation of a GA usually takes about 30 days, whereas a WUL application process can take up to 90 days as regulated. This step consists of determining the need for a water use authorisation in terms of the NWA, which is the primary legislative framework used by the DWS and the CMA to protect, use, develop, conserve, manage and control South Africa's water resources. If established that a water use authorisation is required, an application must be made for this to the DWS. Water use planning and the water use authorisation inform the environmental authorisation process in terms of NEMA. Aquaculture must take place without unnecessary impacts on freshwater resources and on the fitness for use of water by other activities in  the greater environment.

Although, the NWA does not apply to the abstraction of water from the sea, an authorisation is necessary for the storage of water (regardless of origin), discharging waste or water containing waste into a water resource (including discharge into the sea) and others.

Water use authorisation requirements and process in terms of the NWA

In terms of using water for aquaculture purposes, such a use is categorised in the NWA as one of the following, for which authorisation is required:

• taking water from a water resource (surface, groundwater, wetlands, estuaries, etc),
• storing water,
• impending or diversion of the flow of water in a watercourse,
• discharging of waste or water containing waste into a water resource through a pipe, canal, sewer, etc.
• disposing of waste in a manner which may adversely impact a water resource, including dams, rivers, groundwater, etc.
• altering of the bed, banks, course or characteristics of a watercourse, or
• using water for recreational purposes.

If any of the above water uses are incorporated into any planned aquaculture activity, one of the following authorisation types will apply:

• A predetermined authorisation by means of the water use being classified as a Schedule 1 Use as defined in the NWA. This is limited to aquaculture activities wherein the use of water is integrated into the reasonable domestic use of water. This typically applies to very small aquaculture activities and requires no application for the authorisation of the water use. Note that this must be a non-commercial practice.
• A predetermined authorisation by means of the water use being classified as an existing lawful use (ELU) as defined in the NWA. This typically applies to the use of water, which was authorised prior to, and took place in the 2-year period preceding, the promulgation and commencement of the NWA. An application of verification of water use should have been submitted to the DWS or CMA during the year 2014 – 2017. A person / water user may only continue to use water in terms of an ELU if that water use is verified by the DWS or the CMA.
• A predetermined authorisation by means of the water use being classified as a general authorisation as defined in the NWA. General authorisations intend to facilitate the legal access to water resources by eliminating the need for licence applications in instances where the potential harm to the water resources or the potential impact of pollution sources, are limited. To determine the applicability of this type of authorisation. In the event of a general authorisation, a standardised registration form must be submitted to DHSWS.
• An authorisation process to obtain a Water Use Licence as defined in the NWA. A licence is required if a particular planned use of water for aquaculture does not meet the criteria for a schedule 1 use, an existing lawful use or a general authorisation. If a licence is required, a standardised licence application form must be submitted to DHSWS together with a report containing at least the following information, which pertains to the proposed aquaculture activity:
• The aquaculture type in terms of water-based activity (freshwater)
• The intended aquaculture species, whether the intended production species are exotic, indigenous, or indigenous but extralimital to the area,
• The intended production capacity in tons per annum (round weight and unprocessed),
• The type of aquaculture production system in which the water will be used (e.g. tank culture, raceways, pond culture or cage culture),
• The type of internal water management system (e.g. through flow, re-circulation or cage culture),
• The type of post-production water management system (e.g. biological filtration, settlement systems, drum filters etc.); and
• The intended feed quantity per annum and the feed type.

the following offices can be contacted
for further information and enquiries on water use authorisations:

Refer to section 2.2 j) Environmental Impact Assessment (EIA) Regulations.