• Version
  • Download 2
  • File Size 538.04 KB
  • File Count 1
  • Create Date June 21, 2020
  • Last Updated June 21, 2020

WATER ACT (CHAPTER 20:24)

CHAPTER 20:24

WATER ACT

Acts 31/1998, 22/2001 (s. 4), 13/2002 (s. 142), 14/2002 (s. 26), 6/2005 (s 27).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title
  2. Water vested in President.
  3. No private ownership of water.
  4. Act not to affect certain rights of miners and prospectors to water.
  5. General functions of Minister.
  6. Secretary and other officers.
  7. Delegation of powers by Minister and Secretary.
  8. Powers of officers.
  9. Powers in respect of hydrological stations.

PART II

WATER RESOURCES PLANNING AND DEVELOPMENT

  1. Declaration of river systems.
  2. Preparation of outline plans.
  3. Contents of outline plans.
  4. Powers of Secretary with respect to outline plan.
  5. Publication of outline plans.
  6. Procedure after publication of outline plans.
  7. Changes to approved outline plans.
  8. Effect of operative outline plans.
  9. Review of operative outline plans.

PART III

ESTABLISHMENT, FUNCTIONS AND PROCEDURES OF CATCHMENT COUNCILS

  1. Establishment of catchment councils.
  2. Functions of catchment councils.
  3. Powers of catchment councils.
  4. Principles to be observed by catchment councils in considering applications for Permits for use of water.
  5. Establishment and functions of subcatchment councils.
  6. Persons interested in matters before catchment council.
  7. Orders of catchment council.
  8. Catchment manager.
  9. Powers of catchment managers.
  10. Services by National Water Authority to catchment councils.

PART IV

USE OF WATER

  1. Use of water for primary purposes.
  2. Power of catchment council to limit quantity of water abstracted for primary purposes.
  3. Application for permit.
  4. Authority to sink boreholes for any purpose or wells for purposes other than primary purposes.
  5. Period of validity of permit.
  6. Permits to pass to new owner.
  7. Permit not transferable except with consent of council.

 

  1. Minister may direct National Water Authority to apply for permit.
  2. Construction of works necessary for enjoyment of rights to use water.
  3. Amendment of permits to abstract, control, divert, store or use water.
  4. Reporting of existing storage works, boreholes and wells.
  5. Records of amount of water abstracted to be maintained.
  6. Restriction on cession of right to use water, or sale or use of, water.
  7. Change of course of public stream.
  8. Application for permits to conduct operations in public streams.
  9. Consent of Minister to be obtained for water storage works of certain size.
  10. Safeguarding interests of occupants of Communal Land.
  11. Decisions of catchment council affecting water supply for primary purposes in Communal Land.
  12. Grant of final, provisional or temporary permits.
  13. Certain permits to enjoy preference over other rights to use water.
  14. Disposal of water after use.
  15. Allocation or apportionment of permits on consolidation or subdivision of land.
  16. Rights to use water when volume thereof insufficient to satisfy demand.
  17. Responsibility for maintenance of water works.
  18. Reservation of areas likely to be required for dam basins or dam sites.
  19. Reservation of water.
  20. Water development restriction areas.
  21. Investigation of use of water by National Water Authority.
  22. Conferring of powers of catchment councils on urban councils.

PART V

WATER SHORTAGE AREAS

  1. Declaration of water shortage areas.
  2. Powers of catchment council in respect of water shortage areas.
  3. Sinking, deepening or altering of boreholes and wells in ground water shortage areas restricted.
  4. Maximum volume and rate of abstraction of water in water shortage areas.
  5. Measuring and recording of water abstracted in water shortage areas.
  6. Minister may delegate powers under this Part to local authorities.

PART VI

WATER QUALITY CONTROL AND ENVIRONMENTAL PROTECTION

  1. Water resource management to be consistent with environmental approaches.
  2. [Repealed].
  3. [Repealed].
  4. [Repealed].
  5. [Repealed].

PART VII

SERVITUDES IN RESPECT OF WATER

  1. Interpretation in Part VII.
  2. Acquisition of servitudes otherwise than in terms of Part VIII permissible.
  3. Certain persons may claim servitudes and enter on land.
  4. Method of claiming servitudes.
  5. Rights, privileges and obligations of interested parties at hearings of claims or issues of compensation.
  6. Powers of Administrative Court in regard to claims or issues of compensation.
  7. Rights of owners of land subject to servitudes of passage.
  8. Rights of owners of land subject to servitudes of storage.
  9. Rights included in servitudes.
  10. Lapse of servitudes.
  11. Holders of servitudes to construct, maintain and repair water works.
  12. Holders of servitudes awarded by Administrative Court.
  13. Registration of servitudes acquired by agreement.
  14. Registration of servitudes in Deeds Registry.

PART VIII

Leave a Reply

Your email address will not be published. Required fields are marked *