03 Sep Boreholes and water use rights/allocations
This article accordingly considers what authorizations and/or permits are necessary for the drilling of a borehole and the use of water from that borehole. This article will focus on the legal situation in Johannesburg, but the principles that are related below apply to all municipal jurisdictions.
This article accordingly considers what authorizations and/or permits are necessary for the drilling of a borehole and the use of water from that borehole. This article will focus on the legal situation in Johannesburg, but the principles that are related below apply to all municipal jurisdictions.
Do I need any authority or license to drill a borehole?
In short, the answer depends on where your property is located. If it is in the jurisdiction of COJ, then you do need consent in terms of section 14(1) of the COJ’s Land Use Scheme (2018). If it is in the jurisdiction of Ekurhuleni Municipality then you do need permission from the municipality before you drill in terms of section 85 of the Ekurhuleni Municipality’s Water By-Laws.
Do I need to give anyone notice that I am drilling a borehole?
You might also be required to give notice to your municipality that you are planning to drill a borehole. For example, section 41 of the COJ’s Public Health By-laws provide that persons in Johannesburg need to give the municipality 14 days written notice of their intention to sink a borehole.
If I have an existing borehole, do I need to register my borehole with anyone?
In short, the answer is no in relation to boreholes in the Johannesburg area, but yes within the Ekurhuleni Municipality jurisdiction. However, in both cases, you need to notify the municipality of the fact that you draw water from your borehole. Check with your municipality to be safe.