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Bate, 1992}*. The use of water by the environment has not been fully recognized in
South Africa, and this is especially true for groundwater.
11.3 A brief overview of certain legal aspects of groundwater in South Africa* *
In terms of Section 5(1} of the Water Act No. 54 of 1956, the land owner has a right to
the use of water including groundwater, occurring on his land. This water is legally
regarded as private water {see the section on Some legal aspects of water in South Africa
in the chapter on the surface water resources of NataI/KwaZulu}. In terms of Section 5(2)
of the Act however, private water {including groundwaterl which does not have the
potential for common use, cannot be sold for use on any other land or be conveyed for
own use beyond the boundaries of the land on which the water is found, without a permit.
Excluded from this permit requirement is water which is transferred for own domestic or
stock watering purposes, or which is used in accordance with consent in terms of the
Conservation of Agricultural Resources Act No. 43 of 1983.
In order to prevent over-exploitation of groundwater which can be commonly used, the
Minister of Water Affairs and Forestry may declare an area to be a subterranean water
control area (in terms of Section 28 of the Water Act). These areas can include a dolomite
area, an artesian area, or any area where the groundwater resources are rapidly diminishing
due to over-exploitation. The drilling of boreholes and the abstraction of groundwater in
subterranean water control areas is placed under the control of the Minister, in order to
regulate development and utilization {Sections 29 - 33 of the Water Act}. The Minister
makes allocations based on the total estimated groundwater resources of the area, as well
as the priority requirements ofthe existing property owners and other users. Subterranean
water control boards may be established in terms of the Act, if desired by the residents.
In certain circumstances, such as severe drought or over-exploitation of the groundwater,
the Minister is empowered to further restrict the abstraction of groundwater in
*
**
See Campbell, E.E., ParI