Water is one of the most important resources in South Africa not to mention the world, especially in the context of mining—a sector that depends heavily on water for extraction, processing, dust suppression, and site rehabilitation. To manage the competing demands on this scarce resource, the government regulates water use through a system of Water Use Licences (WULs). For mining companies, obtaining and complying with a WUL is not just a legal requirement, it’s a key part of responsible and sustainable operations.

In this blog, we will unpack the essentials of South Africa’s water use licensing framework, why it matters, how mining companies can navigate it, and what challenges remain.

What Is a Water Use Licence (WUL)?

A Water Use Licence is a legal permit issued by the Department of Water and Sanitation (DWS) under the National Water Act (No. 36 of 1998). It authorises individuals or companies to use water in a specific way and location. For mining operations, this typically covers activities such as:

• Abstraction (taking water from rivers, dams, or underground sources)
• Discharging waste or polluted water into water sources
• Storage of water
• Construction that impacts water flow (e.g., dams or diversion channels)

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Why Is It Important in the Mining Sector?

Mining is a water-intensive industry, and its operations can have serious environmental impacts if not properly managed, such as contamination of rivers, acid mine drainage, and depletion of local water sources.

The WUL framework ensures that mining companies:

• Use water efficiently and legally
• Implement pollution prevention and treatment measures
• Protect surrounding communities and ecosystems
• Align with national water conservation goals

A valid Water Use Licence also provides regulatory certainty, which is essential for investment and long-term project planning in the mining sector.

The Application Process for a WUL

The process of applying for a WUL is managed by the DWS and includes several steps:

1. Pre-application Consultation – The applicant engages with the DWS and affected stakeholders to understand requirements and expectations.
2. Submission of Technical Reports – Including environmental assessments, hydrological studies, and water balance models.
3. Public Participation – Affected communities and interested parties are consulted.
4. Assessment by Authorities – The DWS reviews the application based on technical and legal criteria.
5. Decision and Conditions – If approved, the licence is issued with specific conditions regarding volume, location, duration, monitoring, and mitigation responsibilities.

In some cases, approval may take up to 300 working days, although efforts have been made to streamline the process under the One Environmental System, which seeks to align licensing across water, mining, and environmental sectors.

Common Challenges in the Licensing Process

While the framework is essential, it is not without its challenges. These include:

• Lengthy approval times, which delay project start-ups and discourage investment
• Overlapping regulatory frameworks between DWS, the Department of Mineral Resources and Energy (DMRE), and environmental authorities
• Limited capacity within the DWS to process applications promptly
• Non-compliance by some operators, especially in informal or small-scale mining

These issues have prompted calls for regulatory reform and stronger interdepartmental coordination.

Compliance and Monitoring

Receiving a WUL is just the beginning. Mining companies are expected to:

• Monitor their water use regularly
• Submit compliance reports to the DWS
• Install pollution control measures, such as settling ponds or water treatment systems
• Engage communities on water-related concerns and complaints

Failure to comply can result in fines, licence suspension, or even criminal prosecution.

Towards Sustainable Water Management in Mining

South Africa’s water challenges—exacerbated by drought, climate change, and growing demand—make it critical that mining operations are aligned with sustainability goals. Companies that invest in efficient water technologies, closed-loop systems, and community water-sharing agreements are increasingly seen as industry leaders.

By treating water not just as a resource but as a shared responsibility, the mining sector can play an important role in South Africa’s broader water security future.

Conclusion

Water Use Licensing is more than a bureaucratic requirement—it’s a factor of environmental accountability and social licence to operate in South Africa’s mining sector. While the process can be complex and long, it ensures that mining activities are conducted in a way that protects both people and the planet. For companies willing to engage proactively, the WUL process is an opportunity to build trust, enhance sustainability, and secure long-term operational success.