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GOVERNMENT WATERWORKS & SURROUNDING STATE-OWNED LAND: DRAFT RECREATIONAL ACTIVITY REGULATIONS NOW AVAILABLE
- 08 January 2026
- Water & Sanitation
- SA Legal Academy
The Department of Water & Sanitation has finally released draft regulations for the management and control of all government waterworks and surrounding state-owned land used for recreational purposes – having gazetted a notice almost a month ago calling for public comments. Once operationalised, the proposed new regulations will repeal and replace those in force since May 1964.
The deadline for input is 60 days from the date on which the draft regulations were gazetted – which, they never were. Because of the delay and associated confusion, the extent of the commentary period may therefore be open to interpretation.
The document appears to be a revised version of regulatory proposals published in April and withdrawn seven months later. Focusing on the control of access to the facilities concerned, along with measures to ensure their safe and appropriate recreational use, once effective the proposed new regulations will empower the Minister to designate a competent authority to assume responsibility for compliance with a range of requirements. These include the development and implementation of a resource management plan.
Other issues covered in the document are:
- duty of care (especially in the context of water sport and passenger carrying vessels)
- event applications
- accommodation and night-time activities
- water surface accommodation
- fishing
- open water swimming and diving
- vessel-specific requirements
- navigation aids
- amphibian aircraft and hovercraft
- unmanned aircraft and vessels
- solar and hydro-power generation
- structures and fencing
- hygiene and waste management
- liquor sales
- noise control
- biodiversity protection
- incident reporting
- non-compliance, prohibited activities, offences and penalties, and
- appeals.
Please click the links below for more information:
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