Draft Regulations on Groundwater Protection and Management Published for Comment

Posted 10 December 2025 Written by Acts Online
Category Water & Sanitation

Brought to you by SA Legal Academy: The Department of Water & Sanitation has released draft regulations aimed at the protection and sustainable management of groundwater resources, inviting public participation in the legislative process.

In terms of the National Water Act, No. 36 of 1998, the Department has gazetted draft regulations regarding groundwater resource protection and sustainable management. These proposed regulations are intended to provide a robust framework for the oversight and preservation of South Africa’s groundwater reserves, ensuring their long-term viability and quality.

The Department has called for public comments on the draft, with a submission deadline set for 1 March 2026. The proposed regulatory framework focuses on several key areas of water governance:

  • The establishment of groundwater resource protection measures to prevent contamination and depletion.
  • The implementation of sustainable management protocols for aquifers and groundwater-dependent ecosystems.
  • Enhanced monitoring and reporting requirements for water users and stakeholders.
  • Compliance mechanisms to ensure adherence to the National Water Act, No. 36 of 1998.

Click here to view the notice on the SA Legal Academy website.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations at this draft stage; however, professionals should monitor the development of these regulations to understand future restrictions on private borehole use or groundwater extraction.
  • For your business: Firms relying on groundwater for industrial or commercial processes must evaluate the draft to determine potential increases in compliance costs, monitoring equipment requirements, and reporting frequencies.
  • For your clients: Advise clients in the agricultural, mining, and manufacturing sectors to review the draft regulations and submit comments by the 1 March 2026 deadline to mitigate risks related to water security and regulatory overhead.

Originally published at https://legalacademy.co.za/news/read/groundwater-protection-management-input-sought-on-draft-regulations

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