Notice to register certain water uses in terms of the NWA

SHE Alert 13, 28 April 2026

On 24 April 2026, the Minister of Water and Sanitation published a notice calling on unregistered water users to register their water use in terms of the National Water Act 36 of 1998 (“NWA”).

The notice specifically refers to unregistered water users, which mainly include the following categories:

  • Water users who failed to notify the DWS of any change in ownership or change in personal or contact details

  • Water users with boreholes that have not been registered, where such boreholes are used for commercial purposes

  • Water users who registered agricultural water use, but failed to register the resulting industrial water use arising from that activity

The notice further only applies to the following water uses as contemplated in section 21 of the NWA:

  • Section 21(a): Taking water from a water resource, including a river, borehole, dam, or similar source

  • Section 21(d): Engaging in a stream flow reduction activity as contemplated in section 36 of the NWA

Water users are required to complete and submit the official registration forms prescribed by the DWS, as specified in the notice.

Registration is open for 90 days from the date of publication, that is from 24 April 2026 until 23 July 2026. No registration fee applies if registration is completed within this 90-day period. After 23 July 2026, a fee of R300.00 per property will be charged for registration.

Failure to comply with the notice constitutes a criminal offence under the NWA and may expose the water user to enforcement action.

Affected water users should consider:

  • Conducting an audit of registered water uses and property records to ensure ownership and contact details are up to date

  • Confirming that all boreholes and relevant water uses are properly registered

  • Assessing whether additional registrations are required before the 23 July 2026 deadline

We are able to assist with

  • Reviewing existing water use registrations

  • Advising on compliance risks and next steps

For more information or assistance please contact Liezl Sterne.