A water use licence application, commonly called a WULA, is how a business gets legal authorisation from the Department of Water and Sanitation (DWS) to take, store, divert, or discharge into a water resource in South Africa. The requirement comes from section 21 of the National Water Act 36 of 1998, which lists eleven activities that count as a "water use" and generally cannot happen without authorisation.
Not every water use needs a full licence. The National Water Act sets up three tiers: Schedule 1 uses that are permitted without any authorisation, a General Authorisation that lets you register a lower-impact use, and the full Water Use Licence Application for uses with real potential impact on the resource. Getting the tier wrong, applying for a full licence when a General Authorisation would do, or worse, assuming Schedule 1 covers you when it does not, is one of the most common and costly mistakes water users make.
This page covers the eleven section 21 water uses, the difference between a WULA and a General Authorisation, how the DWS process works end to end, the specialist studies most applications need, realistic timelines, and indicative costs. If you would rather have this handled for you, Insika manages water use licence applications for mining, agriculture, industry and property development.
The 11 section 21 water uses
Section 21 of the National Water Act defines water use broadly, and lists eleven categories. If your activity falls into any of these, you must check whether it is covered by Schedule 1, a General Authorisation, or whether it needs a full water use licence application.
- 21(a) Taking water from a water resource - abstraction from a river, dam, wetland or aquifer, including boreholes above the Schedule 1 threshold.
- 21(b) Storing water - dams, reservoirs and other structures that hold back water.
- 21(c) Impeding or diverting the flow of water in a watercourse - any structure or activity that changes how water moves through a stream, river or wetland.
- 21(d) Engaging in a stream flow reduction activity - certain land uses, most notably commercial afforestation, that measurably reduce stream flow.
- 21(e) Engaging in a controlled activity - activities the Minister has specifically declared controlled, such as irrigation with certain wastewater or power generation activities affecting a water resource.
- 21(f) Discharging waste or water containing waste into a water resource - through a pipe, canal, sewer, sea outfall or other conduit.
- 21(g) Disposing of waste in a manner that may detrimentally impact a water resource - including waste disposal facilities and mine residue deposits near a resource.
- 21(h) Disposing of water from an industrial or power generation process - process water that has been used and must be disposed of.
- 21(i) Altering the bed, banks, course or characteristics of a watercourse - crossings, pipelines, culverts, bridges and rehabilitation works.
- 21(j) Removing, discharging or disposing of underground water found in the course of certain activities - for example dewatering a mine or excavation, where necessary for safety or for the activity to continue.
- 21(k) Using water for recreational purposes - where the use is more than incidental to the water resource.
Mining and prospecting operations trigger several of these at once (typically 21(a), (c), (f), (g) and (j)). If you also need a mining right, review that alongside your water use licence application, see our mining rights and permits service.
WULA vs General Authorisation vs Schedule 1
Once you know which section 21 use applies, the next question is which authorisation route you need. The National Water Act sets three tiers, from lightest to most involved.
Schedule 1: no authorisation needed
Schedule 1 covers small-scale, low-impact uses such as domestic use, watering of livestock (outside feedlots), and small-scale, non-commercial gardening. If your use genuinely fits Schedule 1, no registration or licence is required, but the threshold is narrow and it is worth confirming rather than assuming.
General Authorisation: a lighter registration route
A General Authorisation (GA) is published in the Government Gazette for defined water uses that fall below a set impact threshold, most often for section 21(c) and 21(i) uses (diverting flow, or altering a watercourse), and for smaller-volume 21(a) abstraction or 21(g) waste uses. If your activity meets the conditions in the relevant GA notice, you register the use with the DWS rather than applying for a full licence. Registration is faster and less document-heavy than a WULA, but you must still comply with the conditions of the GA, and exceeding them without a licence is unlawful.
Water Use Licence (WULA): full application
Where the use exceeds Schedule 1 and General Authorisation thresholds, for example a mine, a large irrigation scheme, a bulk water supply scheme, or an industrial discharge, you need a full water use licence application to the DWS. This is document-heavy, usually involves specialist studies and public participation, and takes considerably longer than a GA registration.
Insika helps you establish which of the three tiers actually applies before any documents are prepared, so you do not over-apply or under-apply.
How to apply for a water use licence step by step
Water use licence applications are submitted through the DWS electronic system, eWULAAS (the Electronic Water Use Licence Application and Authorisation System). The procedural rules for WULAs and appeals are set out in GN R267, published in Government Gazette 40713 of 24 March 2017. This is the typical path from first contact with DWS to a granted licence.
- Pre-application meeting
Before you lodge, you meet with the relevant DWS regional office (or, in some catchments, the Catchment Management Agency) to confirm which section 21 uses apply, which authorisation tier is needed, and what supporting documents and studies the specific application will require. This meeting also fixes the site details captured on the department's pre-application form.
- Register on eWULAAS and prepare the application
You register as a water user on eWULAAS and begin compiling the application: the prescribed forms, proof of land rights or lease, locality and site plans, and the technical description of every water use involved.
- Commission specialist studies
Depending on the water uses involved, DWS will require one or more specialist studies before it can assess impact. Common studies include geohydrological assessments (for groundwater abstraction or dewatering), hydrological studies (for surface water take or storage), wetland delineation and functional assessments (for any use near a wetland), and water quality or waste discharge impact assessments. These studies are commissioned from independent specialists and can take weeks to months to complete properly.
- Public participation
Most water use licence applications require notice to potentially affected parties, neighbouring landowners, and, where relevant, the local municipality and other organs of state, so that objections or comments can be raised before a decision is made. For commercial applications, particularly mining and large developments, a documented public participation process is expected as a matter of course, not an optional extra.
- B-BBEE motivation for commercial uses
For new commercial water use licences, DWS transformation policy expects a motivation showing meaningful black South African participation in the applying entity, with a substantial share of the water use entitlement allocated to historically disadvantaged individuals or entities. This forms part of the application itself. See our B-BBEE certificate service if your standing needs confirming first.
- Submission, screening and processing
The complete application, studies and supporting documents are submitted through eWULAAS. DWS screens the application for completeness, then routes it to technical specialists for review. Incomplete applications are typically sent back for more information, which restarts the clock, so completeness at submission matters more than speed.
- Decision and licence conditions
Once DWS is satisfied, the responsible authority grants or refuses the licence. A granted licence comes with conditions covering volumes, monitoring, reporting and compliance, which the licence holder must meet for the life of the authorisation. An unsuccessful applicant, or an objector, has a right of appeal under the same GN R267 regulations.
How long does a water use licence take
GN R267 sets a statutory processing period of 300 days from a complete application. DWS has run initiatives aimed at a 90-day turnaround for straightforward applications, but most water use licence applications take considerably longer than either figure once studies, public participation and requests for further information are accounted for.
- Realistic range: 6 to 12 months from a complete, well-prepared application to grant, and longer for large or contested mining and bulk water applications.
- Faster: a complete application with studies already finished, no objections, and a straightforward water use.
- Slower: missing or inadequate studies, unresolved objections, multiple section 21 uses in one application, or a backlog at the regional office.
Build the timeline into your project programme early. Mines, developments and irrigation schemes have all been delayed by treating the WULA as a late-stage formality instead of a parallel workstream starting as soon as the water uses are known.
Specialist studies for a water use licence
The studies DWS requires depend on which section 21 uses are involved and the sensitivity of the resource affected. These come up most often in commercial applications.
- Geohydrological assessment - for groundwater abstraction, dewatering, or any use that could affect an aquifer, including borehole yield testing and impact modelling.
- Hydrological study - for surface water abstraction, storage or diversion, assessing available yield and downstream impact.
- Wetland delineation and functional assessment - whenever the water use is near or could affect a wetland, to establish its boundary and ecological importance before any impact is authorised.
- Water quality and waste discharge impact assessment - for any 21(f), (g) or (h) discharge or disposal use, to show the receiving resource can absorb the impact.
- Flood line and freeboard assessment - for structures in or near a watercourse, such as bridges, crossings and dams.
These studies are commissioned from accredited specialists, not DWS, at the applicant's cost. Scoping the right studies at the pre-application meeting avoids paying for work the department will not accept, or missing one that stalls the application later.
Who needs a water use licence
A water use licence application is triggered by the activity, not the industry, but certain sectors hit the section 21 thresholds routinely.
- Mining and prospecting - abstraction, dewatering, waste and residue disposal, and watercourse diversion are almost unavoidable on an active mine. Coordinate your WULA with your mining right or prospecting right application, since DWS and the DMPR often expect to see both processes running together.
- Agriculture and agribusiness - irrigation schemes, farm dams, borehole abstraction above Schedule 1 thresholds, and any commercial afforestation classed as a stream flow reduction activity. See our agriculture and agribusiness support service if you need this alongside other farm compliance.
- Industry and manufacturing - process water abstraction, effluent and waste discharge, and cooling water disposal.
- Property development - stormwater attenuation dams, watercourse crossings, and bulk water infrastructure for new developments, usually running in parallel with an environmental authorisation application.
- Bulk water and sanitation schemes - municipal and private bulk supply, treatment and disposal infrastructure.
How much does a water use licence cost
There is no single fixed price for a water use licence application. DWS charges its own processing fees, which vary by application type and are updated periodically, and the specialist studies and public participation process are commissioned separately and priced on the complexity of the site. The figures below are indicative ranges for budgeting, not a quoted total for your matter.
| Item | Indicative cost |
|---|---|
| DWS application and processing fee | Set by DWS tariff, confirm current amount with your regional office |
| Geohydrological or hydrological study | R15 000 - R80 000+ depending on site and scope |
| Wetland delineation and functional assessment | R10 000 - R40 000 |
| Public participation process | R10 000 - R50 000 depending on stakeholder numbers |
| Insika professional fee (indicative, mining and large projects) | R75 000 - R250 000 |
| Insika professional fee (indicative, agriculture) | from R50 000 |
Water use compliance after the licence is granted
A granted licence is not the end of the process. Every licence carries conditions on volumes, monitoring, reporting and, often, a requirement to register on the Water Authorisation and Registration Management System (WARMS) and pay ongoing water use charges. Non-compliance can lead to enforcement action, suspension, or revocation, the same as an unauthorised water use.
Ongoing compliance typically means submitting monitoring data on schedule, renewing the licence before it lapses (WULAs are granted for a fixed period, up to 40 years for large infrastructure but far shorter for many commercial uses), and applying for an amendment if the water use changes materially from what was authorised. Treat the licence as a live obligation, not a once-off document.
Official sources
This guide is based on the current rules published by the relevant South African authorities. Always confirm the latest fees and requirements with the office that applies to you.
- DWS e-WULAAS - Electronic Water Use Licence Application and Authorisation System
- National Water Act 36 of 1998 - Chapter 4, Use of Water
- GN R267, Government Gazette 40713 of 24 March 2017 - Procedural Requirements for Water Use Licence Applications and Appeals
- South African Government - Register for water use