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WATER ACT (CHAPTER 20:24)
Acts 31/1998, 22/2001 (s. 4), 13/2002 (s. 142), 14/2002 (s. 26), 6/2005 (s 27).
ARRANGEMENT OF SECTIONS
- Short title
- Water vested in President.
- No private ownership of water.
- Act not to affect certain rights of miners and prospectors to water.
- General functions of Minister.
- Secretary and other officers.
- Delegation of powers by Minister and Secretary.
- Powers of officers.
- Powers in respect of hydrological stations.
WATER RESOURCES PLANNING AND DEVELOPMENT
- Declaration of river systems.
- Preparation of outline plans.
- Contents of outline plans.
- Powers of Secretary with respect to outline plan.
- Publication of outline plans.
- Procedure after publication of outline plans.
- Changes to approved outline plans.
- Effect of operative outline plans.
- Review of operative outline plans.
ESTABLISHMENT, FUNCTIONS AND PROCEDURES OF CATCHMENT COUNCILS
- Establishment of catchment councils.
- Functions of catchment councils.
- Powers of catchment councils.
- Principles to be observed by catchment councils in considering applications for Permits for use of water.
- Establishment and functions of subcatchment councils.
- Persons interested in matters before catchment council.
- Orders of catchment council.
- Catchment manager.
- Powers of catchment managers.
- Services by National Water Authority to catchment councils.
USE OF WATER
- Use of water for primary purposes.
- Power of catchment council to limit quantity of water abstracted for primary purposes.
- Application for permit.
- Authority to sink boreholes for any purpose or wells for purposes other than primary purposes.
- Period of validity of permit.
- Permits to pass to new owner.
- Permit not transferable except with consent of council.
- Minister may direct National Water Authority to apply for permit.
- Construction of works necessary for enjoyment of rights to use water.
- Amendment of permits to abstract, control, divert, store or use water.
- Reporting of existing storage works, boreholes and wells.
- Records of amount of water abstracted to be maintained.
- Restriction on cession of right to use water, or sale or use of, water.
- Change of course of public stream.
- Application for permits to conduct operations in public streams.
- Consent of Minister to be obtained for water storage works of certain size.
- Safeguarding interests of occupants of Communal Land.
- Decisions of catchment council affecting water supply for primary purposes in Communal Land.
- Grant of final, provisional or temporary permits.
- Certain permits to enjoy preference over other rights to use water.
- Disposal of water after use.
- Allocation or apportionment of permits on consolidation or subdivision of land.
- Rights to use water when volume thereof insufficient to satisfy demand.
- Responsibility for maintenance of water works.
- Reservation of areas likely to be required for dam basins or dam sites.
- Reservation of water.
- Water development restriction areas.
- Investigation of use of water by National Water Authority.
- Conferring of powers of catchment councils on urban councils.
WATER SHORTAGE AREAS
- Declaration of water shortage areas.
- Powers of catchment council in respect of water shortage areas.
- Sinking, deepening or altering of boreholes and wells in ground water shortage areas restricted.
- Maximum volume and rate of abstraction of water in water shortage areas.
- Measuring and recording of water abstracted in water shortage areas.
- Minister may delegate powers under this Part to local authorities.
WATER QUALITY CONTROL AND ENVIRONMENTAL PROTECTION
- Water resource management to be consistent with environmental approaches.
SERVITUDES IN RESPECT OF WATER
- Interpretation in Part VII.
- Acquisition of servitudes otherwise than in terms of Part VIII permissible.
- Certain persons may claim servitudes and enter on land.
- Method of claiming servitudes.
- Rights, privileges and obligations of interested parties at hearings of claims or issues of compensation.
- Powers of Administrative Court in regard to claims or issues of compensation.
- Rights of owners of land subject to servitudes of passage.
- Rights of owners of land subject to servitudes of storage.
- Rights included in servitudes.
- Lapse of servitudes.
- Holders of servitudes to construct, maintain and repair water works.
- Holders of servitudes awarded by Administrative Court.
- Registration of servitudes acquired by agreement.
- Registration of servitudes in Deeds Registry.