The legal steps for drilling a borehole

The City of Johannesburg (CoJ) has outlined the legal process for residents wanting to sink a borehole on their property.

This follows drilling on private property that caused soil and water to leak into a Gautrain tunnel, disrupting train services between its Park Station and Rosebank stations this week.

The process includes submitting a written notice of intent to drill, completing an environmental assessment, and other requirements.

Section 14(1)(b) of the CoJ’s Land Use Scheme says that neither the owner nor anyone else is allowed to dig wells or boreholes or take any underground water from their property without written consent from the CoJ. 

As part of the approval process, the city’s engineering departments review the application to ensure that the proposed borehole will not negatively affect existing infrastructure.

ALSO READ: ‘Water is not a free-for-all’: Borehole use in Gauteng faces legal scrutiny

Prior to drilling, a hydrogeological study must be conducted by a registered hydrogeologist.

Additionally, a permit must be obtained, and all relevant stakeholders – including City Power, Johannesburg Water, Emergency Management Services, and the Johannesburg Metropolitan Police Department – must be notified.

The municipality must also be provided with written notice 14 days prior to the planned drilling of the borehole. 

The CoJ says it must be noted that it does not consider or approve borehole applications in areas that are dolomitic.

These are regions where the ground is made up of dolomite rock, a type of limestone. Because of this, drilling or extracting water in these areas is often subject to additional regulations to prevent collapse or environmental damage.

ALSO READ: Water experts not surprised that illegal boreholes caused Gautrain tunnel damage

“These regulations ensure that borehole drilling is conducted safely and sustainably. There may be hidden infrastructure that could be damaged or even a sinkhole appearing,” says CoJ.  

According to the Department of Water and Sanitation, as of October 2024, the National Groundwater Archive (NGA) in South Africa recorded a total of 282 630 borehole records. 

However, an estimated 80 000 to 100 000 boreholes are being drilled annually across the country. This suggests that the actual number of boreholes in South Africa is likely higher than the NGA’s current record, as many boreholes may not yet be registered or documented.

To drill a borehole on a private property can cost anywhere from R20 000 to R60 000.

An agricultural borehole can range from R80 000 to R150 000, according to Gauteng Boreholes, a platform that connects residents with borehole drilling services.

ALSO READ: City of Johannesburg warns against drilling boreholes without approval

Tshwane

The City of Tshwane, which has water troubles similar to those in Johannesburg, also has regulations for drilling a borehole on private property, although these differ slightly. 

In Tshwane, boreholes that produce less than 50 kilolitres of water per day don’t need to be registered.

Boreholes producing between 50 and 100 kilolitres per day must be registered with the National Department of Water and Sanitation (DWS), while boreholes producing more than 100 kilolitres per day require a water licence from the DWS.

According to the City of Tshwane, the suburbs of Bronberrick and Eldoraigne are underlain by dolomite bedrock. Due to the risk of dolomite instability, drilling boreholes in these two suburbs is prohibited.

ALSO READ: Water is scarce, so let’s control boreholes

Cape Town

The Mother City was on the brink of a ‘Day zero’ not so many years ago when Cape Town had water restrictions due to a severe drought. 

Residents who could afford it drilled for boreholes, hoping it would provide them with water if the municipal supply did run dry. 

In 2019, there were 22 000 registered boreholes in Cape Town, according to a study by the World Wide Fund for Nature. 

The City of Cape Town requires applications to be submitted to sink a borehole. These should be applied for 14 days prior to installation and then registered with the city after installation.

For the application process, the applicant needs to submit a certified copy of their identity document, proof of address, and a drainage layout plan showing the point of extraction.

Drilling a borehole typically takes between one and three days, depending on the depth of the site.

Other factors, such as obtaining permits or registering the borehole, may add to the total time before it becomes fully operational.

This article was republished from Moneyweb. Read the original here.