This Act was repealed on 2023-08-29 by Water Resources Management Act, 2013.
This Act has not yet come into force in full. See the Document detail tab for more information.
This is the version of this Act as it was when it was repealed.
Water Act, 1956
Act 54 of 1956
- Published in South African Government Gazette 5718 on 13 July 1956
- Assented to on 12 June 1956
- There are multiple commencements
- [This is the version of this document from 18 December 1985 and includes any amendments published up to 19 April 2024.]
Provisions | Status |
---|---|
Section 1; Chapter I (section 2–3); Chapter II, section 4 |
commenced on 25 June 1969
by Act 77 of 1969.
Note: See section 180(2). |
Chapter IX (section 162) | commenced on 1 April 1971 by Proclamation 281 of 1970. |
Chapter II, section 5–9A, section 21–23, section 26(b), 26(c), 26(d); Chapter III, section 27, section 28(1), section 30; Chapter IV, section 34–43, section 44(2), section 45, section 46–55; Chapter V, section 56, section 57(1), section 59(2), section 61, section 66–69, section 70(a), 70(b), 70(c), 70(e), 70(i), 70(j); Chapter VIII (section 139–152); Chapter IXbis (section 164bis–164ter); Chapter X, section 165, section 166, section 170(1), 170(2), 170(4), 170(5)(a), 170(5)(b), 170(5A), 170(6), section 171 | commenced on 25 June 1971 by Proclamation 151 of 1971. |
Chapter II, section 9B; Chapter III, section 30A(a); Chapter X, section 170(3) |
commenced on 18 December 1985
by Act 22 of 1985.
Note: See section 1 of Act 22 of 1985. |
Chapter II, section 26(a); Chapter III, section 28(2), section 30A(b), section 31; Chapter IV, section 44(1); Chapter V, section 57(2), 57(3), section 59(1), 59(3), 59(4), section 70(d), 70(f), 70(g), 70(h); Chapter X, section 170(5)(c), section 174, section 180–182 | not yet commenced. |
- [Amended by Water Amendment Act, 1961 (Act 56 of 1961) on 30 June 1961]
- [Amended by Water Amendment Act, 1965 (Act 71 of 1965) on 9 June 1965]
- [Amended by Water Amendment Act, 1966 (Act 11 of 1966) on 21 February 1966]
- [Amended by Agricultural Credit Act, 1966 (Act 28 of 1966) on 1 October 1966]
- [Amended by Water Amendment Act, 1967 (Act 79 of 1967) on 9 June 1967]
- [Amended by Establishment of the Northern Cape Division of the Supreme Court of South Africa Act, 1969 (Act 15 of 1969) on 1 May 1969]
- [Amended by Water Amendment Act, 1969 (Act 77 of 1969) on 25 June 1969]
- [Amended by Water Amendment Act, 1971 (Act 36 of 1971) on 19 May 1971]
- [Amended by Water Amendment Act, 1972 (Act 45 of 1972) on 26 May 1972]
- [Amended by Water Amendment Act, 1975 (Act 42 of 1975) on 28 May 1975]
- [Amended by Water Amendment Act, 1977 (Act 108 of 1977) on 20 July 1977]
- [Amended by Native Laws Amendment Proclamation, 1979 (Proclamation AG3 of 1979) on 1 August 1978]
- [Amended by Water Amendment Act, 1982 (Act 4 of 1982) on 21 March 1982]
- [Amended by Water Amendment Act, 1985 (Act 22 of 1985) on 18 December 1985]
- [Repealed by Water Resources Management Act, 2013 (Act 11 of 2013) on 29 August 2023]
1. Definitions
In this Act, unless the context otherwise indicates -“area” includes any number of areas, whether or not contiguous;“department” means the Irrigation Department established by section 3 of the Irrigation and Conservation of Waters Act, 1912 (Act No. 8 of 1912), which shall as from the commencement of this Act be known as the Department of Water Affairs, or, in the application of any provision of this Act which applies in the territory of South West Africa under section 180 and which is administered by or under the authority of the Administrator-General of the Council of Ministers, the Department of Water Affairs established under section 3 of the Government Service Act. 1980 (Act 2 of 1980);[The definition of “department” is substituted by Act 4 of 1982. The Irrigation and Conservation of Waters Act 8 of 1912 is repealed by this Act. The Government Service Act 2 of 1980 has been replaced by the Public Service Act 13 of 1995; section 38(a) of Act 13 of 1995 provides that a reference to a department shall be construed as a reference to the corresponding office, ministry or agency, as the case may be.][definition of “director” deleted by Act 56 of 1961]“existing right” means -(a)any right protected by paragraph (a) or (b) of section twenty-five;(b)any right to water acquired by any person by deed of servitude, agreement or order of a competent court; and(c)any other lawfully acquired right to water in or upon a public stream;“Government water work” means a water work constructed or maintained or proposed to be constructed or maintained by, or under the control of the Government, and includes water impounded and stored in such work, but does not include a water work constructed by the Minister under section [fifty-seven](#sec_57];“irrigation board” means a board established by section seventy-nine;“irrigation district” means any area declared under section seventy-four to be an irrigation district, and includes any such area as reconstituted under subsection (1) of section seventy-six by excluding any portion thereof or including any additional area therein, and any portion of an existing irrigation district constituted as a separate irrigation district under the said sub-section, either alone or together with any other area, including any such area forming part of an existing irrigation district;“local authority” means -(a)any body contemplated by paragraph (vi) of section eighty-five of the South Africa Act, 1909;(b)any regional water supply corporation constituted under section seven of the Water Supply Ordinance, 1945 (Ordinance No. 21 of 1945), of Natal, or any other institution which has powers similar to such a corporation in respect of the supply of water to other local authorities, the Government (including the South African Railways and Harbours Administration and any provincial administration), or other persons within its area of jurisdiction;(c)any water board constituted in terms of section one hundred and eight;“Minister” means the Minister of Water Affairs;“natural channel” means any channel, other than an artificial channel or the channel of a public stream, used to convey water from one part of an area declared to be a Government water control area in terms of sub-section (1) of section fifty-nine, to any other part of that area or from one part of an irrigation district to any other part of that irrigation district;“normal flow”, in relation to a public stream, and subject to the provisions of sub-section (2) of section fifty-three, means the quantity of public water actually and visibly flowing in that public stream which, under a system of direct irrigation from that stream, whether by furrows or otherwise, but without the aid of storage, can be beneficially used for the irrigation of land riparian to such stream;“owner”, in relation to land, means the person registered in a deeds registry as the owner or holder thereof, and includes the State, the trustee in an insolvent estate, a liquidator or trustee elected or appointed under the Farmers’ Assistance Act, 1935 (Act No. 48 of 1935) or the Agricultural Credit Act, 1966, the liquidator of a company which is an owner, the legal representative of any owner who has died or is a minor or of unsound mind or otherwise under disability and the agent in the Union of an owner who is absent from the Union or whose whereabouts are unknown, and, in relation to land which has been allotted or leased to any person under the laws relating to land settlement, subject to a right to purchase such land, or to Crown land which has been acquired by purchase but in respect of which title has not yet been given to the purchaser, the person to whom that land has been so allotted, leased or sold; but for the purposes of Chapter IX “owner” shall not include a natural person;[The definition of “owner” is substituted by Act 28 of 1966.][The Farmers’ Assistance Act 48 of 1935 was repealed by the Agricultural Credit Act 28 of 1966 (RSA GG 1546), which was repealed by the Agricultural Bank Amendment Act 27 of 1991 (GG 329).][With respect to the reference to “Crown land”, the Republic of South Africa Constitution Act 32 of 1961 provided in Article 3(b) that as from 31 May 1961, any reference to the Crown in any law in force in the Union of South Africa or in any other territory in respect of which Parliament is competent to legislate shall be construed as a reference to the Republic or the State President as the circumstances may require.]“private water” means all water which rises or falls naturally on any land or naturally drains or is lead on to one or more pieces of land which are the subject of separate original grants, but is not capable of common use for irrigation purposes;“public stream” means a natural stream of water which flows in a known and defined channel, whether or not such channel is dry during any period of the year and whether or not its conformation has been changed by artificial means, if the water therein is capable of common use for irrigation on two or more pieces of land riparian thereto which are the subject of separate original grants or on one such piece of land and also on Crown land which is riparian to such stream: Provided that a stream which fulfils the foregoing conditions in part only of its course shall be deemed to be a public stream as regards that part only;[With respect to the reference to “Crown land”, the Republic of South Africa Constitution Act 32 of 1961 provided in Article 3(b) that as from 31 May 1961, any reference to the Crown in any law in force in the Union of South Africa or in any other territory in respect of which Parliament is competent to legislate shall be construed as a reference to the Republic or the State President as the circumstances may require.]“public water” means any water flowing or found in or derived from the bed of a public stream, whether visible or not;“regulation” means a regulation made and in force under this Act, and includes any regulation made under any of the laws mentioned in section one hundred and eighty-one and in force at the commencement of this Act, so long as it remains in force, but shall not include any regulation made under paragraph (g) of sub-section (1) of section forty-five of the Irrigation and Conservation of Waters Act, 1912 (Act No. 8 of 1912);[The Irrigation and Conservation of Waters Act 8 of 1912 is repealed by this Act.]“riparian land”, in relation to a public stream, means (a)land held under an original grant or deed of transfer of such a grant or under a certificate of title, whether surveyed in one lot or more than one lot, whereon or along any portion of any boundary whereof a public stream exists, and any sub-division of such land; and(b)Crown land in respect of which no original grant has been made, but the situation of which in relation to a public stream would have rendered it riparian thereto by virtue of the provisions of paragraph (a), if such a grant had been made;[With respect to the reference to “Crown land”, the Republic of South Africa Constitution Act 32 of 1961 provided in Article 3(b) that as from 31 May 1961, any reference to the Crown in any law in force in the Union of South Africa or in any other territory in respect of which Parliament is competent to legislate shall be construed as a reference to the Republic or the State President as the circumstances may require.]“riparian owner” means the owner of riparian land;“secretary” means the Secretary for Water Affairs;[definition of “secretary” inserted by Act 56 of 1961]“surplus water’’, in relation to a public stream, means public water flowing or found in that stream, other than the normal flow, if any;“use for agricultural purposes”, in relation to water, means use for the irrigation of land, and includes use by a riparian owner or any other person who has acquired a right to the use of water for the irrigation of land, for domestic purposes or for the purpose of water-borne sanitation or for the watering of stock or gardens;“use for industrial purposes”, in relation to water, means use for manufacturing, mechanical or mining purposes or for the generation of power, or use by the South African Railways and Harbours Administration for railway purposes, and includes use for domestic purposes or for the purpose of water-borne sanitation or for the watering of stock or of streets and gardens in so far as may be incidental to use for industrial purposes;“use for urban purposes”, in relation to water, means -(a)use in any area under the jurisdiction of a local authority;(b)use by the South African Development Trust constituted by section 4 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936), in respect of an area consisting of land referred to in section 21 (1) of that Act or a scheduled Black area as defined in that Act; and[The Development Trust and Land Act 18 of 1936 was repealed by the Communal Land Reform Act 5 of 2002.](c)use by any Black authority, council, board or body approved by the Minister, in consultation with the Minister of Plural Relations and Development, either generally or particularly by notice in the Gazette,[The References to Plural Relations and Development Act 10 of 1979 (OG 4023), which came into force on 1 July 1979 (section 2 of Act 10 of 1979), provides that a reference in any law to the Minister of Plural Relations and Development shall be construed as a reference to the Minister of Co-operation and Development, without technically amending any laws.]for purposes for which water is ordinarily used by a local authority or by the inhabitants of such an area, including use for domestic purposes or for the purpose of water-borne sanitation or for the watering of gardens, watering or cleaning of streets or for industrial purposes;[definition of “use for urban purposes” substituted by Act 79 of 1967 and amended by AG 3 of 1979]“water board” means a board constituted in terms of sub-section (2) of section one hundred and eight;“water court” means a water court established under section thirty-four;“water work” means -(a)a canal, channel, well, reservoir, protecting wall, embankment, weir, dam, borehole, pumping installation, pipeline, sluice gate, filter, sedimentation tank, road, telephone line or other work constructed, erected or used for or in connection with the impounding, storage, passage, drainage, control or abstraction of water, or the development of water power, including the generation, transmission and supply of electricity, or the filtration or purification of water, sewage, effluent or waste, or the protection of public streams against erosion or siltation, or flood control, or the protection of any water work or irrigated land, or the use of water for any purpose, or the conservation of rain water;[paragraph (a) substituted by Act 36 of 1971](b)land occupied for or in connection with the impounding, storage, passage, drainage, control, abstraction, filtration, purification, development of power (including generation of electricity), or any other use of water, and includes any area occupied or required or held for the purpose of being irrigated or for flood control purposes;(c)gauge posts, measuring weirs and any other appliances erected or used by the department or an irrigation board or a water board.Chapter I
Central Control
2. General powers of the Minister
The Minister shall have power -3. Appointment of certain temporary employees
Chapter II
Control and use of Private and Public Water
4. Saving of certain rights
5. Use of private water
6. Ownership of public and private water
7. Use of public water by authorized persons for certain purposes
9A. Control, regulation, limitation or prohibition of impounding, storage, abstraction, supply or use of public water in certain circumstances
9B. Control of impounding or abstraction of public water in excess of a certain quantity
21. Purification and disposal of industrial water and effluents
22. Disposal of effluents by local authorities
23. Prevention of pollution of water
26. Regulations as to permits and control of pollution of water
The Minister may make regulations relating to -Chapter III
Control and Use of Subterranean Water and Water Found Underground
27. Definition of subterranean water
In this Chapter “subterranean water” means -28. Governor-General may proclaim subterranean water control areas
30. Use of subterranean water
(b) The Minister may recover from any person who in his opinion derives or is likely to derive any benefit from any adjustments or repairs made by him under paragraph (a), or any additional works constructed or erected by him thereunder, such portion of the cost of such adjustments, repairs or works as he may deem equitable.
(c) If the owner in question fails to comply with any direction under paragraph (a) within the period mentioned therein, or such further period as the Minister may allow, the Minister may cause the adjustments or repairs specified in that direction to be made or, as the case may be, the additional works so specified to be constructed or erected by the department, and recover the cost thereof from the owner concerned.][Subsection 2A is inserted by Act 42 of 1975. This amendment does not appear to have been applicable to South West Africa – but Act 22 of 1985, which subsequently amends this section, assumes that it was. Because of this uncertainty, subsection (2A) is shown in square brackets above. If Act 45 of 1972 did in fact apply to South West Africa, then subsection (2A) is in force.]
30A. Disposal by Minister of water found underground
31. Registration of private water boring contractors
Chapter IV
Water Courts
34. Establishment of water courts
35. Constitution of water court
A water court shall be presided over by a water court judge who shall be a judge of the division of the Supreme Court of South Africa which exercises jurisdiction in the area of that water court, or, in the case of the South-West Africa Water Court, by a judge of the High Court of South-West Africa, and shall consist of such water court judge sitting alone or, if he so directs, with assessors, appointed as hereinafter provided.36. Appointment of assessors
37. Preparation of panels of assessors
38. Rights of assessors in decision of water court
39. Death of assessor or inability to sit
40. Jurisdiction, powers and authority of water court
A water court shall have power -41. Powers of certain judges as to water court matters
42. Apportionment suits and orders
42bis. Minister may present certain evidence in apportionment suits
43. Original jurisdiction of water court as to water disputes
Except as provided in this Act or with the written consent of all the parties concerned, no court other than a water court shall have jurisdiction in the first instance to hear and determine any dispute or claim arising out of or in connection with any matter referred to in section forty, and no process shall issue out of any other court.44. Appearance of irrigation board or local authority before water court in certain circumstance
45. Representation in appearance before a water court
In any proceedings before a water court -46. Summoning of witnesses and penalty for non-attendance
47. Order or award of a water court and fixing of costs
48. Contempt of a water court
49. Appeals from orders or awards of a water court
50. Agreement to accept decision of water court as final, and settlements during proceedings
51. Registration of orders and awards against title deeds of land concerned
54. Procedure to be observed by a water court
The procedure of a water court shall be in accordance with the provisions of this Act and regulations made under section fifty-five: Provided that if there be no such provisions or regulations applicable in any particular circumstances, a water court shall act in such manner and on such principles as it shall deem best fitted to do substantial justice and to carry out the objects and provisions of this Act.***[section 54A, inserted by Act 42 of 1975, was not applied to South West Africa]55. Water court regulations
The Minister may make regulations relating to -Chapter V
Government Works
56. Construction and control of Government water works
57. Construction by Minister of water works for any person
59. Governor-General may declare control areas
61. Suspension of owner’s rights in or over land in a catchment control area for certain purposes
66. Levying of rates and charges
67. Minister may generate and supply electricity
69. Delegation of control or alienation of Government water works
70. Minister may make regulations in connection with Government water works
The Minister may, in respect of any Government water work, Government water control area or catchment control area make regulations relating to -Chapter VIII
Servitudes
139. Definition or servitudes
In this Chapter -“servitude of abutment” means the right to occupy by means of a dam, weir, protecting wall or embankment, pump, turbine or power house and its appurtenances, the bed or banks of a public stream or land adjacent thereto belonging to another;“servitude of aqueduct” means the right to occupy so much of the land belonging to another as may be necessary for or incidental to the passage of water, and includes a right to use, share in the use of, or construct on such land works, including ancillary diversion works, necessary for the passage of water over, under or alongside another work, or to enlarge and extend an existing work;“servitude of drainage” means the right to occupy so much of the land belonging to another as may be necessary for or incidental to the drainage of land or disposal of water whether into the nearest public stream or natural channel or otherwise, as may be practicable or desirable in the circumstances;“servitude of storage” means the right to occupy land belonging to another by submerging it with water by means of a dam, weir or other work, whether or not such dam, weir or other work has been constructed on such land.140. Point on a public stream at which water may be taken
141. Rights of servitudes and of owners of dominant and servient tenements
142. Servitude includes the right to take materials for water works
143. Right to use a water work subject to obligation to contribute towards repairs
Any person who, by paying a proportionate share of the cost of constructing any water work in terms of sub-section (4), (5) or (6) of section one-hundred and forty-one, or by agreement or in any other lawful manner, has acquired a right to use such work, shall be liable to pay a like proportion of the cost of the maintenance and repair of such work, unless such person has by notice in writing to the owner of the dominant tenement surrendered such right.144. Duty of person acquiring servitude to construct access bridges etc.
Every person who, under this Chapter, constructs water works for the passage, drainage, diversion or disposal of water which prevent any owner passing freely over or on to his land, or check the circulation of water in the irrigation or drainage of such land, shall at his own expense construct and maintain in repair such bridges and other works as will make communication reasonably safe and convenient, and such culverts, aqueducts and other works as are necessary to secure the free circulation of such water, unless he be exempt from such duty by agreement or otherwise.145. Mode of acquiring servitudes under this Chapter
146. Jurisdiction of water court as to claims for servitudes
147. Conversion of temporary servitude into permanent servitude
148. Construction and maintenance of works in respect of which servitude has been obtained
Subject to the provisions of this Chapter, works required for the enjoyment of a servitude acquired under this Chapter or any prior law shall be constructed and properly maintained solely at the cost of the person acquiring the servitude.149. Lapse of a servitude
A servitude acquired under this Chapter or any prior law in terms of an order of a water court, shall lapse if the work proposed to be executed be not completed and the water be not utilized within three years from the date of the order, or within such further period as the said water court may have fixed, or within any extended period agreed upon between the parties concerned.150. Repair and cleaning of channels constructed across the land of another person
151. Registration of servitudes
152. Saving in favour of the Railways and Harbours Administration
Nothing in this Chapter contained shall be construed as affecting servitudes or other rights lawfully acquired by expropriation or otherwise, either before or after the commencement of this Act, by the South African Railways and Harbours Administration.Chapter IX
Irrigation Loans, Liabilities and Subsidies
***[Sections 153-161 were not applied to South West Africa.]162. Subsidies on water works
Chapter IXbis
Water Sport Control Areas
[chapter heading inserted by Act 71 of 1965]164bis. Establishment of water sport control areas
164ter. Making of regulations in respect of water sport control areas by Minister
Chapter X
General and Miscellaneous
165. Delegation of Minister’s powers
The Minister may by notice in the Gazette delegate to the secretary or any other officer in the department any of the powers conferred upon him by this Act.166. Right of entry upon land
170. Offences and penalties
171. Award of damages against an accused in criminal proceedings
174. Application of Act in relation to certain land in South-West Africa
180. Application of Act to South-West Africa
181. Repeal of laws and savings
182. Short title
This Act shall be called the Water Act, 1956.[Section 182 was not applied to South West Africa, but it is included here for context.]History of this document
29 August 2023
Repealed by
Water Resources Management Act, 2013
18 December 1985 this version
Amended by
Water Amendment Act, 1985
Commencement note: See section 1 of Act 22 of 1985.
21 March 1982
Amended by
Water Amendment Act, 1982
01 August 1978
Amended by
Native Laws Amendment Proclamation, 1979
20 July 1977
Amended by
Water Amendment Act, 1977
28 May 1975
Amended by
Water Amendment Act, 1975
26 May 1972
Amended by
Water Amendment Act, 1972
25 June 1971
19 May 1971
Amended by
Water Amendment Act, 1971
01 April 1971
25 June 1969
Amended by
Water Amendment Act, 1969
Commencement note: See section 180(2).
01 May 1969
09 June 1967
Amended by
Water Amendment Act, 1967
01 October 1966
Amended by
Agricultural Credit Act, 1966
21 February 1966
Amended by
Water Amendment Act, 1966
09 June 1965
Amended by
Water Amendment Act, 1965
30 June 1961
Amended by
Water Amendment Act, 1961
13 July 1956
12 June 1956
Assented to
Cited documents 3
Legislation 3
Documents citing this one 25
Gazette 14
- Namibia Government Gazette dated 1992-08-31 number 470
- Namibia Government Gazette dated 1995-08-07 number 1121
- Namibia Government Gazette dated 1996-05-21 number 1311
- Namibia Government Gazette dated 1997-10-10 number 1703
- Namibia Government Gazette dated 1998-05-05 number 1854
- Namibia Government Gazette dated 1999-07-13 number 2140
- Namibia Government Gazette dated 1999-12-15 number 2248
- Namibia Government Gazette dated 2000-03-01 number 2280
- Namibia Government Gazette dated 2002-12-30 number 2888
- Namibia Government Gazette dated 2004-12-23 number 3357
- Namibia Government Gazette dated 2007-09-17 number 3907
- Namibia Government Gazette dated 2010-11-11 number 4603
- Namibia Government Gazette dated 2013-12-19 number 5367
- Namibia Government Gazette dated 2018-04-24 number 6578
Judgment 3
- Gemfarm Investments (Pty) Ltd v Trans Hex Group Ltd and Another ([P] I 445 of 2005) [2009] NAHC 134 (7 April 2009)
- Namibia Grape Growers and Exporters Association and Others v Ministry of Mines and Energy and Others (SA 14 of 2002) [2004] NASC 6 (25 November 2004)
- Namibia Water Corporation Limited v Aussenkehr Farms (Pty) Ltd (I 1286 of 2005) [2009] NAHC 131 (9 January 2009)