Water Use Registration & Authorisation

Step 1 — Start: Is This Notice Relevant?

GN 7408 | GG 54575 | 24 April 2026 — Notice to Register Water Use
Registration period: 90 days from publication — deadline approx. 23 July 2026
Note: Registration and authorisation are distinct legal obligations

Step 2 — Scope: Which Water Uses Does This Notice Affect?

GN 7408 applies only to s21(a) (taking water from a water resource) and s21(d) (stream flow reduction activity under s36). All other s21 water uses are outside scope.

NOTICE DOES NOT APPLY

YES

Exclusion Check

Water use outside s21(a)/(d)? Exempt under Schedule 1, WUA, GA, or bulk supplier?

NO — NOTICE APPLIES

Step 3 — Critical: Determine Your Authorisation Status FIRST

Registration does NOT confer or replace a water use entitlement. Before registering, confirm whether your use is authorised under Schedule 1, General Authorisation (GN 538/2016), a Water Use Licence, or Existing Lawful Use. Registering without an authorisation does not make the use lawful.

Step 4 — Which Authorisation Tier Applies?

Schedule 1 / General Authorisation / Water Use Licence / Existing Lawful Use?

SCHEDULE 1

Schedule 1

Domestic, small gardening, stock watering, roof run-off, emergency, recreation. No licence or registration required.

GEN. AUTH.

General Authorisation

GN 538/2016. Surface >50 m³/day or groundwater >10 m³/day (cap 40,000 m³/pa). Registration required before use.

WUL / ELU

Above GA thresholds or new post-1998 use requires a WULA. Pre-Oct 1998 use may be ELU — requires V&V process. WUL holders should already be on WARMS.

Step 5 — Identify Your Unregistered Category (1–7)

GN 7408 para 1 defines seven categories of unregistered water user. Determine which applies. This drives form selection.

s21(a) — Taking Water

s21(a) Water Use

Rivers, boreholes, dams. Volume thresholds determine if GA or WULA applies. WUL holders already on WARMS should check details only.

s21(d) — Stream Flow Reduction

s21(d) Water Use

Commercial afforestation and declared activities. No GA cover — WULA required as a rule. Historic forestry permits must be verified on WARMS.

Step 6 — Form Selection

Amendment to existing registration (DW811) or new / first-time registration (DW760 suite)?

AMENDMENT / CHANGE

DW811 Form

Change of ownership, contact details or water user name change.

NEW / FIRST-TIME

DW760 Suite

DW760 + DW901/902 + applicable DW756–DW759 water user form.

Step 7 — Timing

Submitting on or before approx. 23 July 2026 (90 days from 24 April 2026)?

YES — ON TIME

No Fee

Registration is free of charge when submitted within the 90-day period.

NO — LATE

R300 Fee Per Property

Discretionary fee may be charged. Also constitutes an offence under NWA s151(1)(g).

Step 8 — Submit to Responsible Authority

Submit to relevant DWS Provincial or CMA office, or email register@dws.gov.za. Only official forms permissible. Obtain written acknowledgment of receipt.

Step 9 — Registration Certificate

Issued as soon as possible after submission. Certificate is NOT an authorisation — does not confirm lawfulness of the water use. Verify separately that underlying authorisation is in place.

Step 10 — Ongoing Compliance Obligations

Report changes within one month (Reg 11). Maintain authorisation (GA, WUL or ELU). Monitor compulsory licensing notices for your catchment. ELU holders must seek V&V and monitor the NWA Amendment Bill 2023.

Step 11 — Non-Compliance: Offences and Penalties

Failing to register = offence (s151(1)(g)). Using water without authorisation = separate offence (s151(1)(a)). Both carry up to 5 years (first conviction) or 10 years (subsequent). Having a registration certificate does NOT shield against prosecution for unlicensed use.

DISCLAIMER: This tool is provided for information purposes only and does not constitute legal advice or a legal opinion. In the event of any conflict or discrepancy between the content of this tool and any legislation referred to herein, the official gazette text shall prevail. Users are advised to consult the original gazette and to obtain independent legal advice before taking any action in reliance on this tool. Abe Bosman Attorneys accepts no liability for any loss or damage arising from reliance on the information contained herein.

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Click any block in the flowchart to view detailed legal provisions, volume thresholds, exemptions, form requirements and statutory references.

GN 7408 | GG 54575 | 24 April 2026 | NWA s26(1)(c), s34(2) | GN R1352 Reg 3(b)(i)

Step 1: Is This Notice Relevant to You?

What GN 7408 Is

Government Notice 7408, published in GG 54575 on 24 April 2026, is issued by Ms. Pemmy Majodina, MP, Minister of Water and Sanitation, acting as Responsible Authority under Regulation 3(b)(i) of the Water Use Registration Regulations (GN R1352 | GG 20606 | 12 November 1999). It calls all unregistered water users falling within defined categories to register within 90 days of publication.

[GN 7408 preamble | GN R1352 Reg 3(b)(i) | NWA s26(1)(c)]

The Critical Distinction: Registration vs Authorisation

Registration is NOT Authorisation — They Are Distinct Legal Obligations

Registration is the administrative act of recording a water use on the WARMS database. It is required separately from, and does not replace, a water use authorisation.

Authorisation is the legal entitlement to use the water. Every water use requires one of: Schedule 1 entitlement, General Authorisation, Water Use Licence, or Existing Lawful Use status.

A registration certificate does not confirm that a water use is lawful. Registering without a valid underlying authorisation does not protect against prosecution under NWA s151(1)(a).

[GN R1352 Reg 6(1) | NWA s22, s151 | DWS WARMS Registration Guide (2013, refer to dws.gov.za/Projects/WARMS/Registration/ for current guidance)]

Registration Period

Registration commences on publication (24 April 2026) and is open for 90 days. Calculated deadline: approximately 23 July 2026.

Calculated Deadline — Verify Independently The 23 July 2026 date is a calculated estimate only. The gazette does not specify a fixed calendar deadline. Verify with the DWS before relying on this date. [GN 7408 para 6(a)]

Gazette Drafting Error — Sections 7 to 14 Absent

Sections 7–14 Missing From Published Notice GN 7408 as published numbers provisions 1 through 6, then jumps to Section 15. Sections 7–14 do not appear. This is a drafting or publishing error. Verify with DWS whether additional provisions were intended.

GN 7408 para 2 | NWA s21(a), s21(d), s36

Step 2: Scope — Affected Water Uses

Water Uses Covered by This Notice

This notice only affects two of the eleven water uses defined in NWA s21:

s21(a) — Taking water from a water resource (rivers, boreholes, dams, aquifers, wetlands).[GN 7408 para 2(1) | NWA s21(a)]
s21(d) — Engaging in a stream flow reduction activity under s36 (commercial afforestation; Ministerially declared activities).[GN 7408 para 2(2) | NWA s21(d), s36]

Volume Thresholds — GN 538 of 2016 (s21(a) only)

GN 7408 makes no reference to volumes. Whether s21(a) use requires a General Authorisation registration or a full Water Use Licence is governed separately by GN 538 in GG 40243 of 2 September 2016 (commenced 2 March 2017):

Water Source	Threshold	Annual Cap	Registration
Surface water	>50 m³/day average	None specified	GA Registration
Groundwater	>10 m³/day average	40,000 m³/pa max	GA Registration
Water storage	>10,000 m³ on property	—	GA Registration
Above GA ceiling	Any volume exceeding above	—	WULA Required

Below-Threshold Users — Are They Exempt from Registration? GN R1352 Reg 10(b) exempts water use where registration is not required under a General Authorisation. However, GN 7408 is itself a registration notice calling all unregistered users in the defined categories to register — without volume qualification. A strict reading means below-threshold users falling in Categories 1–7 may still be captured. The safer course is to register. Obtain independent legal advice if uncertain. [GN R1352 Reg 10(b) | GN 538 of 2016 | GN 7408 para 1-2]

s21(d) — No General Authorisation Applies Stream flow reduction activities are not covered by any general authorisation. A Water Use Licence is required as a rule. Registration under GN 7408 does not substitute for a WULA where one is required. [NWA s36, s39, s41-43]

GN 7408 para 4 | GN R1352 Reg 10 | NWA Schedule 1

Exclusion Check — Full Exemption Analysis

Two Separate Legal SourcesGN 7408 itself contains only two exemptions (para 4). The further exemptions below derive from a separate instrument, GN R1352 Reg 10, which operates independently. These must not be conflated. Where a user relies on a Reg 10 exemption, they are relying on the enabling regulations, not on GN 7408 itself.[GN 7408 para 4 | GN R1352 Reg 10]

Exemptions Under GN 7408 Para 4 Only — Two Categories

Water user falling under the area of operation of a water user association. Exception: commercial boreholes must still be registered.[GN 7408 para 4(1)]
Schedule 1 water users as defined in the NWA.[GN 7408 para 4(2) | NWA Schedule 1]

WUA Commercial Borehole Trap — Exception Within the Exemption Even where the WUA exemption applies, GN 7408 para 4(1) expressly states that any borehole on the property used for commercial purposes must still be registered with the Responsible Authority. This is an exception within the exemption and is a common oversight. [GN 7408 para 4(1)]

Additional Exemptions Under GN R1352 Reg 10 — Not From GN 7408

The following exemptions derive from the Water Use Registration Regulations (GN R1352 Reg 10), not from GN 7408 itself. They remain operative but have a separate legal source:

Where registration is not required under a General Authorisation promulgated under NWA s39.[GN R1352 Reg 10(b)]
Persons obtaining water from a bulk water supplier, water management institution or communal scheme.[GN R1352 Reg 10(c)]

Below-Threshold Users — Ambiguity Not Resolved GN R1352 Reg 10(b) could be read to exempt users whose abstraction volumes fall below the General Authorisation thresholds in GN 538 of 2016 (below 50 m³/day surface water; below 10 m³/day groundwater). However, GN 7408 calls all seven categories of unregistered water user to register without any volume qualification. These two provisions are in tension. This office's view is that the safer course for any user falling within Categories 1 to 7 is to register in response to GN 7408 regardless of volume. This ambiguity cannot be resolved definitively without further DWS guidance. [GN 7408 para 1-2 | GN R1352 Reg 10(b) | GN 538/2016]

GN 7408 para 2, 4 | GN R1352 Reg 10

Notice Does Not Apply

This notice does not apply where any of the following conditions are met:

Water use falls outside s21(a) and s21(d) of the NWA.[GN 7408 para 2]
Water user is a Schedule 1 user (domestic, small gardening, roof run-off, emergency, recreation).[GN 7408 para 4(2)]
Water user falls under the area of operation of a water user association — subject to commercial borehole exception.[GN 7408 para 4(1)]
Water use not required to be registered under a General Authorisation (NWA s39).[GN R1352 Reg 10(b)]
Person obtains water from a bulk water supplier, WMI or communal scheme.[GN R1352 Reg 10(c)]

Note Even where GN 7408 does not apply, other registration obligations may exist under GN 538 of 2016, general authorisation conditions or licence conditions. Verify with DWS independently.

NWA s22 | NWA s32-34 | NWA s39 | GN 538/2016 | GN R1352 Reg 6

Step 3: Determine Your Authorisation Status First

Registration Cannot Substitute for Authorisation

Water uses in respect of which a licence was requested and/or approved, as well as non-licence related uses, must be registered. However, registration does not make an unlicensed or unauthorised use lawful. A person who registers without holding a valid authorisation remains exposed to prosecution under NWA s151(1)(a) (using water otherwise than as permitted) in addition to, not instead of, any obligation under s151(1)(g) (failure to register).

[DWS WARMS Registration Guide (2013, refer to dws.gov.za/Projects/WARMS/Registration/ for current guidance) | NWA s151(1)(a), s151(1)(g)]

Practical Risk Matrix

Your Situation	GN 7408 Applies?	Primary Action
WUL issued post-1998, registered on WARMS	Likely already done	Check WARMS record; update if details changed
Old-order permit / pre-1998 APS / Water Court order	High risk — likely unregistered	Register NOW + seek V&V for ELU status
GA user, above thresholds, not registered	Yes — must register	Register under GN 7408 AND via e-WULAAS
GA user, below thresholds, not registered	Uncertain — safer to register	Register to be safe; obtain advice on volumes
Above GA thresholds, no WULA held	Yes — but WULA is primary issue	Apply for WULA urgently; register concurrently
ELU holder, not verified on WARMS	Yes — register + V&V required	Register + approach DWS for V&V process
Schedule 1 user only	No — exempt	No action required (unless commercial borehole)
WUA member, no commercial borehole	No — exempt	No action required
WUA member, has commercial borehole	Yes — borehole only	Register the commercial borehole
Obtains water from municipality/bulk supplier	No — exempt	Supplier registers on your behalf

[GN 7408 | GN R1352 Reg 10 | GN 538/2016 | NWA s22, s32-34, s39, s151 | DWS WARMS Registration Guide (2013, refer to dws.gov.za/Projects/WARMS/Registration/ for current guidance)]

WUL Holders — Are You Already Registered? For new WULAs issued after 1998, registration on WARMS occurs automatically as part of the licence process. However, holders of old-order permits, historical Water Court orders, and pre-NWA forestry APS permits may not have been migrated onto WARMS. These users are likely captured by GN 7408 and should verify their WARMS status urgently. [DWS WARMS Registration Guide (2013, refer to dws.gov.za/Projects/WARMS/Registration/ for current guidance)]

NWA s22 | NWA Schedule 1 | GN 538/2016 | NWA s39-43 | NWA s32-35

Step 4: The Four-Tier Authorisation Framework

Section 22 of the NWA provides that a person may only use water if that use is permissible. All water use must be authorised under one of four pathways. The question of which pathway applies must be resolved before registration can be meaningful.

Tier 1 — Schedule 1 (No Licence, No Registration)

Permissible without licence, authorisation or registration. Covers: reasonable domestic use; small non-commercial gardening; stock watering (excluding feedlots) within grazing capacity; storing roof run-off; emergency use for human consumption or firefighting; recreational use.

NoteSchedule 1 entitlements are subject to all other laws and cannot be used to circumvent other regulatory obligations.[NWA Schedule 1(2)]

Tier 2 — General Authorisation: GN 538 of 2016

Current operative GA for s21(a) and s21(b). Valid for 20 years from 2 March 2017. Registration is a precondition to exercising the use. Key thresholds:

Surface water: >50 m³/day average over a year — registration required.[GN 538 | GG 40243 | 2 September 2016]
Groundwater: >10 m³/day average over a year — registration required. Annual cap: 40,000 m³/pa per property. Geographic restrictions: no abstraction within 500m of wetland/pan/estuary; 100m of watercourse or state dam.[GN 538 | GG 40243]
Storage: >10,000 m³ on property — registration required.[GN 538 | GG 40243]
Measurement obligation: users abstracting groundwater at >2 litres/second must measure and record monthly; records retained 5 years minimum.[GN 538 | GG 40243]

Dual Registration Channel RiskRegistration under GN 7408 (via DWS offices or register@dws.gov.za) is a separate process from GA registration under GN 538 (via e-WULAAS). Complying with GN 7408 alone does not satisfy GN 538 registration requirements. Both may apply concurrently.[GN 538/2016 | GN R1352 Reg 3]

Tier 3 — Water Use Licence (WULA)

Required where: water use falls outside Schedule 1; it is a new use commenced after 1 October 1998; or volumes exceed GA thresholds. Also required for all s21(d) stream flow reduction activities as a general rule. WULA applications are processed via DWS under NWA ss41-43. For post-1998 WULAs, registration on WARMS occurs automatically as part of the licence process.

[NWA s39, s41-43 | GN R267 | GG 40713 | 24 March 2017]

Tier 4 — Existing Lawful Use (ELU)

Water use that took place during the two years immediately before 1 October 1998 and was authorised under the then-applicable law (Water Act 54 of 1956). ELU holders may continue use without a licence until compulsory licensing is triggered, but must: register on WARMS; undergo DWS validation and verification (V&V) under s35; and monitor for compulsory licensing notices for their catchment area.

ELU Legislative Risk — NWA Amendment Bill 2023The National Water Amendment Bill 2023 proposes to: restrict the ability to declare new ELUs (proposed repeal of s33); empower authorities to impose conditions on existing ELUs; and enable curtailment of current ELU volumes. The NWRS-III states the ongoing use of water under the ELU clause is hampering redistribution of water resources. ELU holders should obtain urgent specialist legal advice.[National Water Amendment Bill 2023 | NWRS-III (DWS, 2023) | Viljoen, Moolman and Olivier (2024): Water SA 50(4)]

NWA Schedule 1 | ss4(1), 22(1)(a)(i) | Item 2 of Schedule 3 | Commencement: 1 October 1998

Tier 1: Schedule 1 — No Licence or Registration Required

Schedule 1 water uses are permissible without a licence, general authorisation or registration obligation. A person may, subject to the Act:

Take water for reasonable domestic use in that person's household from any water resource to which that person has lawful access.[NWA Schedule 1(1)(a)]
Take water on owned/occupied land for: (i) reasonable domestic use; (ii) small gardening not for commercial purposes; (iii) watering of animals (excluding feedlots) within grazing capacity — from a water resource on or forming a boundary of that land, if not excessive.[NWA Schedule 1(1)(b)]
Store and use run-off water from a roof.[NWA Schedule 1(1)(c)]
In emergency situations, take water for human consumption or firefighting.[NWA Schedule 1(1)(d)]
Recreational use of water or water surface to which that person has lawful access; or portage of a boat or canoe on adjacent land.[NWA Schedule 1(1)(e)]
Discharge waste or run-off (including stormwater) into a canal, sea outfall or conduit controlled by an authorised person, subject to that person's approval.[NWA Schedule 1(1)(f)]

Limitation of Schedule 1 EntitlementsA Schedule 1 entitlement does not override any other law, ordinance, bylaw or regulation, and is subject to any limitation or prohibition thereunder.[NWA Schedule 1(2)]

Commercial Borehole — Not Schedule 1A borehole used for commercial purposes is not a Schedule 1 use. It is a s21(a) water use and must be registered. This applies even to WUA members who would otherwise be exempt.[GN 7408 para 1(6) and 4(1)]

NWA Schedule 1 | Commencement: 1 October 1998

Schedule 1 — Permissible Uses (No Registration Required)

The following uses are permissible without a licence or registration:

Reasonable domestic use from any accessible water resource.[NWA Schedule 1(1)(a)]
Small non-commercial gardening; stock watering (not feedlots) within grazing capacity — from water on or bounding the land.[NWA Schedule 1(1)(b)]
Storing and using run-off water from a roof.[NWA Schedule 1(1)(c)]
Emergency use for human consumption or firefighting.[NWA Schedule 1(1)(d)]
Recreational use of water/water surface with lawful access; portage of boat or canoe on adjacent land.[NWA Schedule 1(1)(e)]
Discharge of waste or stormwater into authorised conduit, with the controlling person's approval.[NWA Schedule 1(1)(f)]

Commercial Boreholes Are Not Schedule 1Boreholes used commercially are s21(a) uses and must be registered regardless of WUA membership.[GN 7408 para 1(6), 4(1)]

GN 538 | GG 40243 | 2 September 2016 | NWA s39 | GN R1352 Reg 10(b)

Tier 2: General Authorisation — GN 538 of 2016

What the GA Authorises

GN 538 authorises s21(a) (taking water) and s21(b) (storing water) within defined volume thresholds and conditions. It commenced 2 March 2017 and is valid for 20 years. Registration is a precondition to exercising the use — the use is only lawful once DWS has acknowledged receipt of the registration application.

Volume Thresholds and Conditions

Use Type	Threshold	Cap / Restriction
Surface water abstraction	>50 m³/day on average over a year	None specified in GN 538
Groundwater abstraction	>10 m³/day on average over a year	Max 40,000 m³/pa per property
Water storage	>10,000 m³ on a property	Off-channel storage only

Spatial Restrictions (Groundwater)

No abstraction within 500m of boundary of a wetland, pan or estuary.[GN 538/2016]
No abstraction within 100m of delineated riparian edge of a watercourse or state dam.[GN 538/2016]
No abstraction within 500m of high-water mark of the ocean.[GN 538/2016]

Measurement and Recording Obligation

Where groundwater is abstracted at more than 2 litres per second on a property, the volume must be measured and recorded at the end of each month. Records must be retained for a minimum of five years and made available to DWS officials on request.

[GN 538/2016]

Does a GA User Need to Register Under GN 7408?

Yes — If Not Yet Registered on WARMS GA users who are not yet registered on WARMS and who fall into one of the seven unregistered categories in GN 7408 are required to register in response to this notice. The GA exemption in GN R1352 Reg 10(b) only applies where the GA itself exempts from registration — GN 538 does not do so for users above its thresholds. The two registration processes (GN 7408 via DWS offices; GA registration via e-WULAAS) are separate and may both be required. [GN R1352 Reg 10(b) | GN 538/2016 | GN 7408 para 1]

NWA s39-43 | NWA s32-35 | GN R267 | GG 40713 | 24 March 2017

Tier 3 & 4: Water Use Licence and Existing Lawful Use

Tier 3 — Water Use Licence (WULA)

A WULA is required where: the water use falls outside Schedule 1 and exceeds GA thresholds; the use commenced after 1 October 1998; or the use is a s21(d) stream flow reduction activity (no GA covers s21(d)). WULA applications are made under NWA ss41-43 and processed under the Procedural Regulations (GN R267 | GG 40713 | 24 March 2017, updated 2023).

For WULAs issued post-1998: registration on WARMS occurs automatically as part of the licence issuance process. These users should already be registered and GN 7408 is only relevant if their details have changed (Categories 1, 4 or 5).

Old-Order Permits — Not Automatically on WARMS Holders of old-order permits, historical Water Court orders, and pre-NWA Afforestation Permit Scheme (APS) authorisations for forestry may NOT have been migrated onto WARMS during the 1999 registration exercise. These users are likely captured by GN 7408 and must verify their WARMS status. If not registered, they must comply with this notice and separately undergo the ELU validation and verification process. [DWS WARMS Registration Guide (2013, refer to dws.gov.za/Projects/WARMS/Registration/ for current guidance)]

Tier 4 — Existing Lawful Use (ELU)

An ELU is a water use that: took place at any time during the two years immediately before 1 October 1998; and was authorised by or under the law then in force (Water Act 54 of 1956); or is identified as a stream flow reduction activity under s36(1) or a controlled activity under s37(1).

ELU holders may continue use without a new licence until compulsory licensing is triggered for their catchment. They must still: register on WARMS; and undergo DWS validation and verification (V&V) under NWA s35, which establishes the lawfulness and volume of the use.

V&V Process The DWS issues a written notice under s35(1) requiring an ELU claimant to apply for verification. In practice, few such notices have been issued. Registered ELU users are advised to proactively approach DWS to initiate V&V. A registration certificate is not a certificate of verification and does not confirm ELU status. [NWA s35 | DWS Verification Guide (December 2006)]

ELU Legislative Risk — NWA Amendment Bill 2023 The National Water Amendment Bill 2023 proposes to restrict the ability to declare new ELUs (effectively repealing s33), to empower the Responsible Authority to impose new conditions on existing ELUs, and to curtail current ELU volumes. The NWRS-III (2023) expressly states that ongoing use under the ELU clause is hampering redistribution of water resources and the effective regulation of water use. ELU holders must obtain urgent specialist legal advice. [National Water Amendment Bill 2023 | NWRS-III (DWS, 2023) | Viljoen, Moolman and Olivier (2024): Water SA 50(4)]

GN 7408 para 1(1)-(7)

Step 5: Categories of Unregistered Water User

For purposes of GN 7408, an unregistered water user is defined to include any person in one or more of the following seven categories:

Bought property from a registered water user but never notified the Responsible Authority of the change for substitution of name.[GN 7408 para 1(1)]
Acquired property through land restitution but the change of ownership was never reported to the Responsible Authority.[GN 7408 para 1(2)]
Leasing on property of another water user or owner where the owner did not register the water use.[GN 7408 para 1(3)]
Changed contact details (postal, physical, email, landline, cellphone, fax) but never informed the Responsible Authority.[GN 7408 para 1(4)]
Changed registered name as appearing on the registration certificate but never informed the Responsible Authority.[GN 7408 para 1(5)]
Has borehole(s) used for commercial purposes but the borehole(s) are not registered.[GN 7408 para 1(6)]
Registered agricultural water use but never registered resulting industrial water use(s).[GN 7408 para 1(7)]

Categories and Form SelectionCategories 1, 2, 4 and 5 — use DW811 (Amendment). Categories 3, 6 and 7 — use DW760 suite (new registration). See Step 6 for full form details.[GN 7408 para 3]

GN 7408 para 2(1) | NWA s21(a) | GN 538/2016

s21(a) — Taking Water From a Water Resource

Statutory Definition

NWA s21(a) defines water use to include taking water from a water resource. GN 7408 para 2(1) confirms this includes rivers, boreholes, dams and similar sources.

Authorisation Pathway by Volume

Scenario	Authorisation	Registration
Domestic / household use	Schedule 1	Not required
Surface water ≤50 m³/day	GA (below threshold)	Unclear — register to be safe
Surface water >50 m³/day	GA (GN 538)	Required (GA + GN 7408)
Groundwater ≤10 m³/day	GA (below threshold)	Unclear — register to be safe
Groundwater >10 m³/day (max 40,000 m³/pa)	GA (GN 538)	Required (GA + GN 7408)
Groundwater >40,000 m³/pa	WULA Required	Required after WULA issued
Commercial borehole (any volume)	GA or WULA depending on volume	Required — GN 7408 para 1(6)

Most Relevant Unregistered CategoriesProperty purchasers (Cat 1), land restitution (Cat 2), lessees (Cat 3), commercial borehole users (Cat 6), registered agricultural users with unregistered industrial use (Cat 7).[GN 7408 para 1(1)-(3), 1(6)-(7)]

GN 7408 para 2(2) | NWA s21(d), s36(1)(a), s36(1)(b), s36(2)

s21(d) — Stream Flow Reduction Activity

Statutory Definition

NWA s36(1) identifies the following as stream flow reduction activities:

The use of land for afforestation which has been or is being established for commercial purposes.[NWA s36(1)(a)]
Any activity declared as a stream flow reduction activity by the Minister by Gazette notice, in a specified area, where the activity is likely to significantly reduce water availability to the Reserve, international obligations, or other water users.[NWA s36(1)(b) read with s36(2)]

No General Authorisation Covers s21(d)Stream flow reduction activities are not authorised by any general authorisation. A Water Use Licence is required as a general rule. Registration under GN 7408 does not substitute for a WULA. Users operating without a valid WULA are exposed to s151(1)(a) prosecution regardless of their registration status.[NWA s22, s36, s39, s41-43 | GN 7408 para 2(2)]

Old-Order Forestry — APS Permits

Commercial afforestation operations authorised before the NWA under the Afforestation Permit Scheme (APS) of the Forest Act 122 of 1984 must verify whether their use has been migrated onto WARMS and whether a WULA has been formally issued or whether the use is being carried under ELU status. This is particularly relevant to Category 7 water users.

[GN 7408 para 1(7) | DWS SFRA Licensing Policy (1999)]

OCR NoteThe SAFLII-sourced NWA document reads "steam flow reduction" throughout s36 — this is an OCR error. The correct statutory term is "stream flow reduction activity."

GN 7408 para 3 | GN R1352 Reg 5

Step 6: Form Selection

The correct form depends on whether you are amending an existing registration or registering for the first time. Only official forms from the Responsible Authority may be used.

Official Forms OnlyForms available at: https://www.dws.gov.za/Projects/WARMS/Registration/registrationforms.aspx[GN 7408 para 3(1), 3(4) | GN R1352 Reg 5]

DW811 — Amendment (Categories 1, 2, 4, 5)

Used for: change of ownership (Cat 1, 2); contact detail update (Cat 4); water user name change (Cat 5).

DW760 Suite — New Registration (Categories 3, 6, 7)

DW760 — Water Use Application Form + supplementary form as specified.[GN 7408 para 3(3)]
DW901 and DW902 — Property Information Forms.[GN 7408 para 3(3)]
DW756 (Individual) / DW757 (Water Services Provider) / DW758 (Company, Business, Partnership, Government) / DW759 (Water Use Association including Irrigation Boards, Subterranean Water Control Boards, Stock Watering Boards, Settlement Boards, Water Conservation Boards).[GN 7408 para 3(3)(c)]

Accuracy Obligation

The extent or lawfulness of water use will be determined by the information supplied. The water user is responsible for the correctness of all information. The extent of water use is subject to verification by the Responsible Authority under NWA s35.

[GN R1352 Reg 6(1), 6(2) | NWA s35]

GN 7408 para 3(2) | GN R1352 Reg 11

DW811 — Amendment Application Form

Drafting Anomaly — GN 7408 Para 3(2)GN 7408 para 3(2) describes the DW811 as the form for "amending new water user details." The word "new" in this context is a drafting anomaly in the published gazette. It should be read as meaning updated or changed details, not "new" in the ordinary sense. The DW811 is the amendment form for existing registered water users who need to update their records.[GN 7408 para 3(2)]

Use the DW811 for: change of ownership (Categories 1 and 2); contact detail updates (Category 4); and water user name change (Category 5).

Ongoing Amendment Obligation — Within One Month

Beyond this notice, GN R1352 Reg 11(1) requires that a registered water user must, within one month of any change in water use reflected in a registration certificate, report the change to the Responsible Authority. The RA may then instruct: (a) amendment of registration; (b) new application; or (c) licence application within a specified period.

Seasonal FluctuationsSeasonal or cyclical fluctuations in water use are not regarded as a change for purposes of Reg 11.[GN R1352 Reg 11(3)]

GN 7408 para 3(3) | GN R1352 Reg 5, 6

DW760 Suite — New Registration Forms

Use the DW760 suite where the water user has never registered with the Responsible Authority and the application is not a change of ownership or restitution property. Applies to Categories 3, 6 and 7.

Required forms: DW760 + relevant supplementary form; DW901 and DW902 (Property Information); and the applicable Water User Form (DW756-DW759 depending on entity type).

Accuracy WarningThe water user is responsible for the correctness of all information supplied. Extent and lawfulness of the use will be determined on the basis of the information submitted.[GN R1352 Reg 6(1)]

GN 7408 para 6(a), 5 | GN R1352 Reg 12

Step 7: Timing of Submission

Registration commences on publication (24 April 2026) and is open for 90 days. Calculated deadline: approximately 23 July 2026. Fee liability and offence exposure depend on whether submission is within or outside this period.

Verify the DeadlineThe 23 July 2026 date is calculated — not stated in the gazette. Verify with DWS before relying on this date.[GN 7408 para 6(a)]

GN 7408 para 5(1) | GN R1352 Reg 12(1)

No Fee — On-Time Submission

No charge will be made for registration if completed forms are submitted within the 90-day period. Replacement of a lost or damaged certificate is subject to a separate replacement fee.

[GN 7408 para 5(1) | GN R1352 Reg 12(1), 12(3)]

GN 7408 para 5(2), 15 | GN R1352 Reg 12(2), 13 | NWA s151(1)(g)

Late Submission — Fee and Offence Exposure

A charge of R300 per property may be made for late applications. The word "may" indicates this is discretionary, not mandatory. GN R1352 Reg 12(2) does not specify a quantum (the R300 figure is sourced from GN 7408 para 5(2) only).

Separate Criminal ExposureFailure to comply with this notice constitutes an offence under GN 7408 para 15 and under GN R1352 Reg 13 and NWA s151(1)(g). Penalty: fine or imprisonment not exceeding five years on first conviction; up to ten years on second or subsequent conviction. This is separate from any exposure under s151(1)(a) for unauthorised use.[GN 7408 para 15 | GN R1352 Reg 13 | NWA s151(1)(g), s151(2)]

Typographical Error — Para 15 of GN 7408The published gazette reads "will be quilt of an offence." The correct word is "guilty." This appears to be a typographical or OCR error in the gazette itself.[GN 7408 para 15]

GN 7408 para 3(4) | GN R1352 Reg 3, 5, 6

Step 8: Submit to Responsible Authority

Submission Channels

Submit completed forms to the relevant DWS Provincial or CMA Office, or by email to register@dws.gov.za. Forms: https://www.dws.gov.za/Projects/WARMS/Registration/registrationforms.aspx

Head Office: Sedibeng Building, 185 Francis Baard Street, Pretoria, 0001 | Call Centre (Toll Free): 0800 200 200

Obtain Written Acknowledgment

For GA registrations under GN 538, the use is only considered registered once DWS has acknowledged receipt in writing within 30 working days of submission. Retain proof of submission.

[GN 538/2016 | GN R1352 Reg 7(1)]

GN 7408 para 3(4)

DWS Provincial and CMA Office Directory

EASTERN CAPE

Ocean Terrace, Moore Street, Quigney, East London, 5201
Tel: (043) 701 0220
#WARMSECAPE@dws.gov.za

FREE STATE

Cnr Charlotte Maxeke & East Burger Street, Bloemfontein, 9300
Tel: 051 405 9000
#WARMSFS@dws.gov.za

NORTHERN CAPE (KIMBERLEY)

28 Central Road, Beaconsfield, Kimberley, 8300
Tel: (053) 836 7600
#WARMSLV@dws.gov.za

NORTHERN CAPE (UPINGTON)

Lyvenhouts Drift Settlement, Louisvale Road, Upington, 8800
Tel: 054 338 5800
#WARMSLO@dws.gov.za

NORTHWEST (HARTBEESPOORT)

Old Rustenburg Road, Hartbeespoort Dam, 0216
Tel: (012) 253-1093
#WARMSNW@dws.gov.za

KWAZULU-NATAL

Southern Life Building, 9th Floor, 88 Field Street, Durban, 4000
Tel: (031) 336 2700
#WARMSKZN@dws.gov.za

WESTERN CAPE

52 Voortrekker Road, Bellville, 7532
Tel: (021) 941 6000
#WARMSWC@dws.gov.za

GAUTENG

Sanlam Plaza East, 285 Francis Baard Street, Pretoria, 0001
Tel: (012) 392 1300
#WARMSGP@dws.gov.za

MPUMALANGA

Prorom Building, 5th Floor, c/o Paul Kruger & Brown Streets, Nelspruit, 1200
Tel: (013) 759 7300/7491
#WARMSMP@dws.gov.za

LIMPOPO

Azmo Place 49, Joubert Street, Polokwane, 0700
Tel: (015) 290 1200
#WARMSLP@dws.gov.za

INKOMATI USUTHU CMA

8th Floor, Maxsa Building, 13 Streak Street, Nelspruit, 1200
Tel: +27 13 753 9000
warms@iucma.co.za

BREEDE OLIFANTS CMA

51 Baring Street, Worcester, 6850
Tel: (023) 346 8000
info@bocma.co.za

[GN 7408 para 3(4)]

GN R1352 Reg 7, 9 | NWA s35, s125

Step 9: Registration Certificate

As soon as possible after submission of a completed application form, the Responsible Authority must issue a registration certificate.

How to Read Your WARMS Registration Record — Critical Check

Once you receive your WARMS registration record, do not stop at the reference number on the front page. You must verify that the record reflects both of the following fields:

Field	Required Status
Water Use Status	REGISTERED
Lawfulness Authentication Finding	LAWFUL

If either field reads STATUS TO BE DETERMINED or LAWFULNESS TO BE DETERMINED, the registration process is not complete. You must follow up with the relevant DWS Regional Office to resolve the outstanding determination before relying on the record as evidence of lawful water use.

A record showing REGISTERED but LAWFULNESS TO BE DETERMINED is materially different from one showing REGISTERED / LAWFUL. The reference number alone does not confirm compliance.

[GN R1352 Reg 6(1), Reg 7 | NWA s22(1), s35]

A Registration Certificate is NOT a Certificate of AuthorisationA registration certificate records a water use on WARMS. It does not confirm that the use is lawful. The certificate does not: confirm ELU status; replace a WULA; establish that volumes are within GA thresholds; or protect against prosecution under NWA s151(1)(a) for unauthorised use.[GN R1352 Reg 6(1) | NWA s22]

Inspection

The registration certificate and the property in respect of which water use has been registered are subject to inspection under NWA s125.

[GN R1352 Reg 9 | NWA s125]

Replacement Certificate

Replacement of a lost or damaged certificate is subject to a charge to cover costs of replacement.

[GN R1352 Reg 7(2), 12(3)]

GN R1352 Reg 11, 8 | NWA s35 | NWA Amendment Bill 2023

Step 10: Ongoing Compliance Obligations

One-Month Amendment Reporting

A registered water user must, within one month of any change in the water use reflected in a registration certificate, report the change to the Responsible Authority. The RA may then instruct an amendment application, new registration, or licence application within a specified period.

Seasonal Fluctuations ExcludedSeasonal or cyclical fluctuations in water use are not regarded as a change for Reg 11 purposes.[GN R1352 Reg 11(3)]

Maintain Underlying Authorisation

Registration does not relieve a water user of the obligation to hold a valid authorisation (GA, WUL or ELU). Where circumstances change such that a use no longer falls within a GA or the existing WULA conditions, a new or amended authorisation must be obtained.

Monitor Compulsory Licensing

Once compulsory licensing is triggered for a catchment, all water users in that area — including ELU holders — must apply for individual licences. Registration under GN 7408 does not protect against compulsory licensing and does not guarantee that a licence will be granted.

ELU Holders — Priority Actions

Proactively approach DWS to initiate the V&V process under NWA s35.[NWA s35 | DWS Verification Guide (2006)]
Retain all pre-1998 documentation proving lawfulness and volume of use (water court orders, permits, aerial photographs, invoices).[DWS Verification Guide (2006)]
Monitor National Water Amendment Bill 2023 and obtain specialist legal advice on implications for existing ELU volumes and conditions.[National Water Amendment Bill 2023]

Deregistration

A person who no longer wishes to continue a registered water use must apply to the RA for deregistration. Where financial obligations are outstanding or a bulk waterwork owner is involved, written approval of the relevant supplier is required. Dam safety risk deregistrations must follow Chapter 12 of the NWA.

[GN R1352 Reg 8(1)-(3)]

GN 7408 para 15 | GN R1352 Reg 13 | NWA s151(1)(a), s151(1)(g), s151(2)

Step 11: Non-Compliance — Offences and Penalties

Offence 1 — Failure to Register (GN 7408 / GN R1352)

Failure to comply with this notice constitutes an offence under GN 7408 para 15 and GN R1352 Reg 13, and is prohibited by NWA s151(1)(g).

Typographical Error — GN 7408 para 15The gazette reads "will be quilt of an offence." The correct word is "guilty." This is a typographical or OCR error in the published notice.

Offence 2 — Unauthorised Water Use (NWA s151(1)(a))

Using water otherwise than as permitted under the NWA is a separate offence. A registration certificate does not shield against s151(1)(a) prosecution. A registered but unauthorised user can be prosecuted on both grounds simultaneously.

Offences and Penalties — NWA s151

Specifically prohibited under s151(1)(g): failing to register an existing lawful water use when required by a Responsible Authority to do so.

Specifically prohibited under s151(1)(a): using water otherwise than as permitted under the NWA.

First conviction: Fine or imprisonment not exceeding five years, or both.

Second or subsequent conviction: Fine or imprisonment not exceeding ten years, or both.

[NWA s151(1)(a), s151(1)(g), s151(2)]

Fine Quantum Not SpecifiedNeither GN 7408, GN R1352 nor NWA s151 specifies a monetary quantum for the fine. The quantum is determined by applicable provisions of the Criminal Procedure Act and fines tariffs. Obtain independent legal advice on the monetary exposure applicable to your specific circumstances.

Sections 7–14 Absent From GN 7408The published notice numbers sections 1 through 6, then jumps to Section 15. It is unknown whether additional compliance or penalty provisions were intended. Verify with DWS whether a corrected version is forthcoming.