Draft Regulations: Recreational Use of Government Waterworks

Posted 08 January 2026 Written by Acts Online
Category Water & Sanitation

Brought to you by SA Legal Academy: The Department of Water & Sanitation has released draft regulations governing the management and recreational use of government waterworks and adjacent state-owned land. Once finalised, these regulations will repeal the existing framework established in May 1964.

In terms of the National Water Act, No. 36 of 1998, the Department gazetted a replacement notice on 16 January 2026 containing the draft regulations. The proposed framework addresses the control of access to these facilities and establishes measures to ensure safe and appropriate recreational use. The regulations empower the Minister to designate a competent authority responsible for compliance and the oversight of specific requirements.

Key Regulatory Proposals

  • The development and implementation of a resource management plan for each government waterworks.
  • The designation of competent authorities to manage compliance and operational safety.
  • Revised access control measures for state-owned land surrounding waterworks.
  • Standardisation of safety protocols for recreational activities on state-controlled water bodies.

The deadline for public commentary is 60 days from the date of gazetting. While the Department previously gazetted a notice for comment nearly a month prior, the draft regulations were only formally attached to the replacement notice issued on 16 January 2026.

Click here to download the Draft Regulations for Government Waterworks & Surrounding State-Owned Land.

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

  • For yourself: No direct individual compliance obligation; however, legal professionals should note the pending repeal of the 1964 regulations when advising on water-related land use.
  • For your business: Firms operating in the tourism, hospitality, or recreational sectors on state-owned land must review the proposed resource management plan requirements to assess future operational constraints.
  • For your clients: Clients holding existing recreational permits or concessions at government dams will need to align their safety protocols and access agreements with the new competent authority requirements once the regulations are operationalised.

Originally published at https://legalacademy.co.za/news/read/government-waterworks-surrounding-state-owned-land-draft-regulations-now-available

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