The ins and outs of water-use regulations and legislation: Part 4

In our final instalment of a four-part series on water use and how it relates to farmers, Integrated Water Use License Application Management explains the process of validating and verifying a water-use licence.

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In South Africa, the procedures involved in getting a water-use licence validated and verified are relatively complex. In this article, Johan Enslin and SJ Jansen van Rensburg, directors of Integrated Water Use License Application Management, explain the process, particularly in terms of legal water use before 1998, when the National Water Act (NWA) was passed into law.

In general, water use must be licensed unless it is an existing lawful water use' (ELU) or a Schedule 1 use, or is permissible under a general authorisation, or a responsible authority waives the need for a licence.

An ELU allows anyone who used water legally before the introduction of the NWA to continue using that water, provided the use has been registered. No licence is required to continue an ELU unless a responsible authority requires a person claiming such a right to apply for a licence. If a licence is issued, it in turn becomes the source of authorisation for the water use. If a licence is not granted, the use is no longer permissible.

Any person who has applied for a licence in respect of an ELU and whose application has been refused, or who has been granted a licence for a smaller volume of water than the ELU, and this has led to serious prejudice to the economic viability of an enterprise where the water has been used beneficially, can claim compensation for any financial loss suffered as a result. This provision is subject to conditions under the NWA.

THE VALIDATION AND VERIFICATION PROCESS