The Department of Water and Sanitation wants to introduce stricter requirements for the placement, drilling and management of boreholes, and improve its information on groundwater use.
By Carien Kruger, senior journalist at African Farming and Landbouweekblad
Minister of Water and Sanitation Pemmy Majodina published proposed new regulations for the protection and management of groundwater resources for public comment in the Government Gazette of 10 December 2025.
The proposed regulations will apply to all groundwater users, both new and existing, including those who already have water-use rights, permits or water court orders for their water use.
Click here to read the proposed regulations.
Janse Rabie, head of legislation and policy at AgriSA, says the organisation supports effective groundwater management and recognises the importance of protecting water systems and cycles.
“Groundwater is clearly an essential resource for agriculture. It supports irrigation, livestock production, food processing and water supply for rural households.
“The proposed groundwater protection regulations bring an old but still pressing issue to the fore: How does one balance the right of each landowner to use their borehole with the need to ensure sustainable access to water for everyone?
“AgriSA supports the sustainable management of underground aquifers and improved monitoring systems and regulatory oversight, provided these are legally and practically workable.”
The organisation is currently preparing its comments on the proposed regulations.
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Regulations ‘Must Be Realistically Implementable’
Rabie emphasises that the final regulations must fall within the framework of the National Water Act (Act 36 of 1998), recognise and uphold existing lawful water uses, provide clear protection against high-risk activities, and take the practical implications for farmers and borehole contractors into account. “They must be realistically implementable,” he says.
“High-risk activities include mineral and gas extraction, including hydraulic fracturing, underground coal gasification, coalbed methane extraction and mine-water extraction, as well as their harmful side-effects.”
AgriSA will ask that the regulations be clarified in certain areas to avoid unintended consequences. They should also be aligned with draft regulations on hydraulic fracturing. In addition, compliance deadlines and requirements must be practically achievable.
If the regulations are adjusted in this way, Rabie says they could improve sustainable groundwater management without undermining legal certainty around water use, agricultural production or rural economic stability.
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Households and Livestock Watering Included
Rabie says one of the major changes in the proposed regulations is that so-called Schedule 1 water use – which includes boreholes for household use and water for livestock watering – will also fall under the scope of the proposed regulations.
Under the proposed rules, information about all borehole owners, including Schedule 1 users, as well as site information, must be recorded in the National Groundwater Archive (NGA). This must be done within 12 months after the regulations come into effect.
Rabie says this registration period for all users will probably be too short in many rural areas. AgriSA suggests that it should rather be done in phases and says technical support to users would help improve compliance.
Existing Lawful Water Use Should Remain Unaffected
Rabie says it is very important that the regulations clearly state that registration and the submission of information will not result in existing legally authorised water use being changed or reduced.
“The Water Act clearly provides mechanisms through which water can be reallocated or water use restricted, and the proposed groundwater regulations must fit within this existing framework.”
He points out that farmers’ water use often involves adaptive and integrated management of both surface water and groundwater.
“The use of dams or groundwater varies according to rainfall patterns, storage levels and seasonal needs. Such variation reflects responsible resource stewardship and does not represent abandonment or a reduction of existing lawful use.”
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Major Implications for Borehole Contractors and Owners
The regulations require borehole contractors to be registered on the NGA system and place restrictions on drilling boreholes in certain areas.
Other requirements relate to measuring the amount of water used and testing water quality.
Rabie says the proposed regulations will have significant direct implications for borehole contractors and related providers of hydrogeological services. Borehole contractors will be responsible for ensuring that borehole installations comply with detailed prescribed technical standards.
Contractors will need improved record-keeping systems, digital capabilities and administrative resources – something smaller businesses, particularly in rural areas, may not have.
Stricter requirements to protect certain zones will require more hydrogeological studies before drilling may take place. While scientifically justifiable, this could significantly increase costs and delay projects, he says.
“Proposed requirements for regular monitoring of water yield and water quality that would apply to all boreholes will also be difficult to implement and could have major cost implications.
“For example, requiring a low-volume livestock watering borehole in a remote rural area to meet the same yield and water-quality monitoring requirements as a centre-pivot irrigation borehole makes little sense,” Rabie says.
AgriSA is concerned that if the regulations do not include better-structured transition periods and greater clarity, they could unintentionally lead to fewer borehole services being available in rural areas or significantly higher costs for agricultural users.
Offences and Penalties
According to the proposed regulations, it will be an offence not to provide the required information or to supply false information. Failure to comply with the regulations will also constitute an offence.
A first offender could face a fine or imprisonment of up to five years, or both. Upon conviction for a second offence, the prison sentence could increase to up to 10 years.
Comments and representations can be submitted, in writing, until 27 March 2026. It can be posted or delivered to the Director-General of the Department of Water and Sanitation in Pretoria, or emailed to groundwaterregs@dws.gov.za.
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