# DWS Water Regulations

- Link: https://dearsouthafrica.co.za/dws-water-regulations/
- Published: 2026-04-09T15:56:37+02:00
- Author: dearSA

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![Management of Government Waterworks & State Land](https://cdn.dearsouthafrica.
co.za/wp-content/uploads/2026/04/09152529/Department-of-Water-and-Sanitations-proposed-
regulations-header.jpg "Department of Water and Sanitation’s proposed regulations
header")

![DEAR-SOUTH-AfFRICA](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/
02/08135845/DEAR-SOUTH-AfFRICA.png "DEAR-SOUTH-AfFRICA")

0

comments individually delivered to the DWS, so far

       * No I do not support the regulations  13182
       * Yes I do 94
       * Not fully 576

### The Department of Water and Sanitation (DWS) has published draft Proposed Regulations for the Management of Government Waterworks and Surrounding State-owned Land.

The regulations and the accompanying Resource Management Plans (RMPs) would fundamentally
change how the public, adjacent landowners and businesses may access and use state
dams.

_Update – 13 April: Following the high volume of public input, the Department of
Water and Sanitation has issued a clarification and scheduled further public consultation
meetings for 15, 16, and 20 April (links to the meetings available below). While
the Department maintains that they do not intend to restrict access, the 10-year
lease cap remains a core part of the proposal, effectively restricting access. We
have included the Department’s full response and presentation below for your review._

click the link for more info, or scroll down to have your say

[ view info, statements, documents and videos](https://dearsouthafrica.co.za/dws-water-regulations/summary)

## 󠀁[ view comments from other participants before you have a say](https://dearsouthafrica.co.za/dws-water-regulations/comments)󠁿

**Do you support the draft regulations as published by the Minister? **

**What is your concern? (scroll down for an explanation of each) **

As you've selected 'All of the above', if you had to choose a top concern, what 
would it be?

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![D-icon](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2022/12/11192438/
D-icon-40x40-1.png "D-icon-40x40")

### _Top concerns_

[Property Rights & "Unbankable" Leases](https://dearsouthafrica.co.za/dws-water-regulations/#1770131112026-5a70eb21-10f18ed7-d542)

This concern focuses on the proposed 9-year and 11-month cap on leases for state-
owned land and servitudes. Because financial institutions typically require a 20-
year term to secure a mortgage bond or business loan, these short-term leases make
properties “unbankable.” This could lead to a significant drop in property values
and prevent owners from securing the financing needed to maintain or improve their
land.

[Restriction of Public Access & Criminalisation of Recreation](https://dearsouthafrica.co.za/dws-water-regulations/#1770131112043-0e75ef86-4b6c8ed7-d542)

Under the National Water Act, citizens currently have a right to “reasonable recreational
use” of water. The new regulations suggest moving to a discretionary, permit-based
system. This means traditional activities like fishing, boating, or swimming could
be treated as a criminal offence unless a formal agreement is in place. Critics 
argue this turns a public right into a state-controlled privilege that is “paywalled”
for ordinary citizens.

[Administrative Overreach (Shifting state duties to the public)](https://dearsouthafrica.co.za/dws-water-regulations/#1770131281853-5866958a-b51c8ed7-d542)

The draft regulations propose shifting the responsibility for monitoring, safety
enforcement, and visitor record-keeping away from the Department and onto private
citizens, clubs, and lessees. Stakeholders argue this is an unreasonable administrative
burden, effectively forcing private individuals to act as unpaid “compliance officers”
for the state without compensation or proper legal authority.

[Environmental Management & Pollution Control](https://dearsouthafrica.co.za/dws-water-regulations/#1770131323251-266a4851-6c9c8ed7-d542)

While the Department aims to standardise environmental protection (such as “wash
bays” to prevent invasive species), there are concerns regarding the practicality
and cost of these measures. This category covers debate on whether the proposed 
rules are the most effective way to protect water quality, or if they place an unfair
burden on users while the state abdicates its own conservation duties.

[Local Economic Impact & Job Security](https://dearsouthafrica.co.za/dws-water-regulations/#1775742684010-cbbfda3e-d9bd)

Many local towns depend entirely on “dam tourism” (guest houses, marinas, and hospitality).
If property values collapse due to lease issues or if recreational access is restricted,
these local economies face a major threat. This concern highlights the potential
for job losses in the service sector and a shrinking municipal tax base, which could
lead to a decline in local infrastructure and services.

### _Perspectives: What is the debate?_

The Department of Water and Sanitation (DWS) seeks to repeal the 1964 regulations
and implement a new framework for managing state-owned land and waterworks (dams).
The debate centres on how to balance the state’s duty to protect water resources
and ensure equitable access with the existing rights of property owners, businesses,
and recreational users.

[What SUPPORTERS say](https://dearsouthafrica.co.za/dws-water-regulations/#1770892117175-dfc38055-c8388ed7-d542)

Supporters of the regulations argue that the 1964 laws are outdated and that the
new regulations will improve safety, protect the environment from invasive species,
and ensure that dams are accessible to all South Africans, not just those with private
shoreline access.

    - _Safety and Security:_ Standardised rules for boating, safety equipment, and
      incident reporting will make our dams safer for everyone.
    - _Environmental Protection_: Mandatory “wash bays” and stricter controls will
      help prevent the spread of invasive plants and water pollution.
    - _Equity and Transformation:_ The policy aims to open up state-owned land for
      public picnic areas and community access, ensuring broader benefit.
    - _Formalisation:_ Replacing informal “handshake” agreements with formal leases
      ensures transparency and revenue for the state to maintain infrastructure.

[What OPPONENTS say](https://dearsouthafrica.co.za/dws-water-regulations/#1770892117205-3c7c32e1-ce3d8ed7-d542)

Opponents of the regulations argue that the policy is a form of “regulatory overreach”
that threatens local economies. They are concerned that short-term leases will make
properties “unbankable,” and that the state is attempting to criminalise traditional
recreational activities that are currently protected under the National Water Act.

    - _Economic Risk_: Capping leases at ~10 years with no automatic renewal prevents
      owners from securing 20-year bonds, potentially collapsing property values
      and tourism.
    - _Infringement of Rights:_ The regulations seek to treat recreational use as
      a “privilege” to be paid for, rather than a “right” as established in the 
      National Water Act.
    - _De Facto Expropriation:_ Claiming control of private land below the flood
      line without compensation undermines the security of title deeds.
    - _Administrative Burden:_ Shifting the state’s job of monitoring and enforcement
      onto private clubs and citizens is an unfair and impractical burden.

[ View more info](https://dearsouthafrica.co.za/dws-water-regulations/summary)