• Introduction

Introduction

Raw water (water found in the ground and in rivers) in South Africa is primarily governed by the National Water Act. This act effectively nationalised the right to use water, thus any use of water for commercial purposes requires a licence.

Before the implementation of the National Water Act, raw water was regarded as a private good - the rights to use such water were often linked to land ownership. This creates a dynamic and sometimes complicated regulatory environment.

The provision of treated water is governed by the Water Services Act and any entity wishing to supply treated water in South Africa is required to register as a water services provider in terms of this act.

We are able to provide advice on the complex legal framework and obligations which underpin any of the activities involving the use and supply of water, including advising on water use licence applications.