Analysts are hopeful that recent regulations promulgated by the Department of Water and Sanitation (DWS) will assist in overcoming the long delays in securing water use licence authorisations (WULAs) and allow more streamlined implementation of projects.

WULAs are required by a range of water users, such as mines, industrial users, property developers, farmers, public-sector organisations and road agencies, which also may need authorisation for projects.

According to independent engineering and scientific consultancy SRK Consulting partner and principal water and environmental scientist Manda Hinsch, the new regulations are a positive step that aligns the timelines for WULAs with the application for an environmental authorisation as required by the National Environmental Management Act (Nema).

“Both processes now promise authorisations within 300 calendar days, if all documents and studies are in order. In the past, receiving WULAs could take up to three to five years,” she points out.

Hinsch says these delays often led to applicants simply starting project construction without the necessary authorisation, since the positive socioeconomic impact of proceeding was deemed to outweigh the negative environmental impacts.

Moreover, she notes that the assessment processes in the department were not always well monitored, therefore, it was difficult to track the stage which an application had reached within the process.

“This problem should now be eliminated since clear responsibilities, along with timeframes, are allocated to both the applicant and the relevant water authority.”

Hinsch comments that the process will now begin with a preapplication meeting with the water authority, followed by the submission of the application within five days. A date for a site visit then needs to be finalised within five days after that and the visit itself must take place within 30 days.

The authority is then expected to respond within five days of the site visit, outlining the exact requirements for the WULA. The applicant then has 105 days to prepare and submit the necessary technical reports, as well as conduct the public participation processes.

Following submission, the authority has ten days to acknowledge receipt of the application and 139 days to consider the documentation and make a decision, after which it has five days to inform the applicant.

“The new regulations also formalise the public participation requirements, which were neglected in the past, particularly if a WULA was required without the need for environmental authorisation,” Hinsch highlights.

She adds that another positive aspect of the regulations is that they provide structured guidance on which technical documents are required for each of the different water uses, with a complete list of contents issued for each use.

Hinsch firmly believes that these are positive steps by the DWS, which now require the department to commit the necessary skills and resources to implement the regulations effectively.

She says that these regulated timelines are tight and place pressure on both the department and applicants to work quickly and efficiently. Moreover, Hinsch says that, from the applicants’ point of view, it would be wise to choose consultants who are experienced in applying for WULAs to ensure that these deadlines are not missed.