Changes in water law planned
[{“type”:”text”,”content”:”These reforms are expected to have a significant impact on water resource governance and management in South Africa this year.nnWhile some of these changes have been on the radar for a while now, the recent Ministerial National Water Summit that was held in Midrand in February gave a clear indication that government intends to move swiftly on certain key initiatives. This may have a significant impact on the agricultural sector.nn#### Re-registration of existing lawful water uses and compulsory licensing of waternnOne of the most significant policy proposals that came out of the summit relates to the re-registration (or updating of existing registrations) of existing lawful water uses and compulsory licensing to follow thereafter. The DWS has provisionally set a timeline of 1-3 years in which it proposes the updating of registration particulars with respect to water uses. Compulsory licensing of all water uses will then follow in years 3-4.nnExisting lawful water uses are strongly relied upon in the agricultural sector as the basis for the lawful use of water in accordance with the provisions of the National Water Act (NWA) instead of the requirement for water uses to be licensed.nnWhere water uses are not regarded as existing lawful water uses (and are registered as such), the NWA generally requires such water uses to be licensed. Licensing of water uses is not contentious in and of itself, except for the fact that:nn
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- They are discretionary by nature (i.e.
