Transcript Slide 1

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Draft Water
Resources
Management Bill
2006
WRAP TEAM
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National Water Policy 1994
includes the following strategies:
•Recognizing the important role of the Water
Sector in the overall socio-
economic development of the country;
•Recognizing water as an economic good;
•Promoting Water Resources development through an Integrated
approach;
•Defining clear institutional responsibilities for all stakeholders;
•Promoting a state of disaster preparedness to mitigate the impacts of
extreme occurrences of water;
•Redefining the role of Government in the context of the reforms;
•Identifying weaknesses of the Water Act and revising the Act.
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Water Act,
Cap. 198 Laws of Zambia
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Passed by Legislative Council of Northern Rhodesia in 1948 as the
Water Ordinance, came into force in 1949.
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After independence, the Water Ordinance was revised and
transformed into an Act of Parliament, the Water Act.
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The Water Act has been amended 10 times, the last being Act. No.
13 of 1994, increasing the penalties under the Act.
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Why do we need a new Water
Act?
The Water Act does not provide for:
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Clear water resources management principles;
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Equitable and reasonable principles for water allocation;
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Management of international waters;
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Groundwater management, development and utilisation;
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Involvement of stakeholders at the lowest appropriate level in the
decision making process;
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Harmonization in the management of the water resource at
institutional level.
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Development of a new WRM Act for
Zambia: the Process
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Analysis of problems with stakeholders
Identify and develop strategies
Analysis of existing legislation
Develop proposal for a new institutional framework
through stakeholders consultations
List of minimum requirements for new act
Draft WRM Bill
Stakeholders consultations on successive drafts Bill
(presently: 3rd draft WRM Bill)
Stakeholders driven process!!
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PART I
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Short title and commencement ;
Interpretation;
Vesting water in the President;
No private ownership of water
Use and allocation of water
• Principles of Water Resources Management.
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Principles of Water Resources
Management
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Water resources should be managed in an integrated manner;
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Water is a basic human need;
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There should be equitable access to water;
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Water has an economic and social value and this should be
reflected in its use;
There should be no ownership of water and no authorisation
should be in perpetuity;
There should be equity between both gender in accessing water
resources and, in particular, women should be empowered and
fully participate in issues and decisions relating to sustainable
development of water resources and, specifically, in the use of
water;
The basic management unit should be the catchment in
recognition of the unity of the hydrological cycle;
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PARTS II & III – INSTITUTIONAL
FRAMEWORK
Part II-THE WATER RESOURCES MANAGEMENT AUTHORITY
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Establishes the Water Resources Management Authority;
Functions and powers of the Authority;
Relations with appropriate and conservancy authorities.
Part III – CATCHMENT COUNCIL, SUB-CATCHMENT COUNCILS
AND WATER USERS ASSOCIATIONS
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Establishes Catchment & Sub-Catchment Councils, and establishment
& recognition of Water Users Associations;
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Functions of the Catchment, Sub-Catchment Councils and Water User
Associations.
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MINISTER
WRM AUTHORITY
Board
CATCHMENT
CATCHMENT
AUTHORITIES
CATCHMENT
AUTHORITIES
CATCHMENT
AUTHORITIES
COUNCILS
CATCHMENT
CATCHMENT
AUTHORITIES
CATCHMENT
AUTHORITIES
SUB-CATCHMENT
AUTHORITIES
COUNCILS
New
Institutional
Framework for
WRM
WATER USERS
WATER USERS
COMMITTEES
WATER
USERS
COMMITTEES
ASSOCIATIONS
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PART IV - WATER RESOURCES
PLANNING
This Part deals with the general functions of the Minister:
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Policy formulation;
Legislative developments;
Management of International Waters.
This Part also includes other issues related to planning and
development of water resources, such as:
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Development of a National Water Resources Strategy;
Development of Catchment Management Plans;
Establishment of a national monitoring and information system;
Delegation of functions of the Authority to appropriate, conservancy or
local authorities.
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PART V - WATER QUANTITY &
QUALITY MANAGEMENT
The Part deals with:
•Reserve and Resource Quality Objectives;
• Water conservation and management practices;
• Consistency of water resources management with
environmental
and national heritage protection;
• Permission to abstract water to dilute effluent;
•Setting of ambient standards, resource quality monitoring
and
pollution control;
•Steps to control or prevent water pollution.
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PART VI - WATER SHORTAGE
AREAS
A water shortage area is declared for a
specific period by the Minister on
recommendation of the Authority. In
these areas, the Authority has the power
to:
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Review water permits;
Regulate groundwater development
activities;
Regulate the volume and rate of
abstraction.
Priorities of use in
water shortage areas
are set as:
1. Domestic;
2. Environmental;
3. Municipal;
4. Agricultural.
Compensation is only paid in case
municipal purposes affect any other use.
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CONGO AND ZAMBEZI
INTERNATIONAL BASINS
Congo Basin
Tanzania, Burundi,
Rwanda, Central
Africa Republic,
Cameroon, Congo
Brazzaville, Angola,
and Democratic
Republic of Congo.
Congo
Zambezi Basin
Zambezi
Zambezi Basin
Angola, Namibia,
Botswana,
Zimbabwe,
Tanzania, Malawi,
and Mozambique.
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PART VII - MANAGEMENT OF
SHARED WATERCOURSES &
WATER RESOURCES
This Part deals with Government’s obligation to the protect
territorial sovereignty over Zambia’s water resources.
The Part ensures that:
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Any agreement entered into operationalises the principle of equitable
and reasonable utilisation of shared water resources;
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Basic principles and rules of international law, as reflected in the SADC
Revised Protocol on Shared Watercourses, and other relevant treaties,
conventions and agreements are upheld;
(ZRA inconsistent with the SADC Revised Protocol, therefore should be
reviewed)
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PART VIII - WATER USE
This Part deals with:
• Water use for all purposes such as Domestic, Agricultural, Municipal,
Hydro-electric and Mining;
•The process of allocation and prioritisation of water use, which begins
at sub-catchment level through an allocation plan submitted to the CC and
thereafter to the Board;
•Safeguard of domestic use of water in customary areas;
•Issuing of regulations for the use of water.
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PART IX - PERMITS FOR WATER
USE
This Part deals with applications and grant of permits and the single licence
system.
A permit is not required for the use of surface water or groundwater for
domestic purposes.
It deals with:
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Activities where permits are required and activities where no
are required;
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permits
Process of application for a permit & consideration of applications
permits;
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Grant of temporary permits;
Permits to run with land or undertaking;
Variation and cancellation of permits;
Registration of permits.
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PART IX - PERMITS FOR WATER
USE
A permit for any use of water except hydroelectric power generation
shall be valid for a renewable period not exceeding 25 years.
Permits for hydroelectric power generation shall be valid for a period
not exceeding 30 years.
If, for a continuous period of two years the holder of a permit:
• Fails to make use of the permit, the Director General may cancel it
•Makes partial use of the permit, the Director General may reduce the
quantity of water allocated
A permit shall be renewed for a similar period as long as the
applicant has not breached the conditions of the permit and the
hydrological conditions have not substantially changed.
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PART X - LICENSING OF
CONSTRUCTORS & DRILLERS
This Part deals with licensing of constructors & drillers:
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Procedures for application, grant, modification of licence
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Only Approved Engineers will carry out functions relating to the
construction, design, installation, operation or maintenance of any
water works
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The Authority will establish and maintain a Register of all constructors
and drillers
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PART XI – GROUNDWATER
AND BOREHOLES
This Part deals with:
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Protection of groundwater and the measures the Authority
shall take in order ensure it;
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The requirement to notify the Authority before drilling a
borehole;
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Permission to drill and access for inspection;
Defective borehole;
Information on groundwater and confidentiality;
Registration of boreholes;
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PART XII – WATER WORKS
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This Part:
Empowers Government and the community to construct Government
Schemes and Community Projects, for the beneficial use of water.
(These schemes and projects take precedence over all other projects for
the use of water).
Requires the registration of existing water works;
Defines: “Dams with Safety Risks”;
“Large Dams”; and
“Small Dams”
Specifies (for small and large dams):
– Procedures at commencement of works and supervision
– Duty of owners
– Reporting requirements
Describes special requirements (maintenance, inspections, etc.) for large
dams and for dams with safety risk;
Liability of dam owner in case of dam failure.
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PART XIII - EASEMENTS
This Part deals with easements, which are a right of access to another
person’s land to use water
A right of easement is not a proprietary interest in land
Types of Easement are:
• Right of storage
• Right of passage
• Right of abutment
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An easement may be claimed by any person holding a permit
A procedure for claiming an easement is spelt out
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PART XIV - EMERGENCY
SITUATIONS
This Part deals with:
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Management of water related emergency situations;
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Emergency due to spillage of harmful and toxic substances
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The Authority will act in collaboration with appropriate authorities and
Ministries. Linkages with local councils & Disaster Management and
Mitigation Unit.
Early warning systems;
Measures during drought, floods and emergency arising from water
works such as dams;
Declaration of national disasters declared by the President due to
droughts, floods and spillage of harmful or toxic substances;
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PART XV
WATER USE CHARGES, FEES
AND WATER DEVELOPMENT
TRUST FUND
This Part provides for:
• The establishment of a pricing policy;
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Water use charges and fees;
• The recovery of water use charges and fees and the
retention thereof.
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WATER DEVELOPMENT
TRUST FUND
Part XV provides for:
• The establishment of a Water Development Trust;
• The Fund to be used for conservation and management of water
resources and development projects benefiting the community with
a strong pro-poor focus;
• The Fund to be autonomous and independently managed under a
Trust Deed;
• Moneys of the Fund to come from donations, grants and Parliament;
• The Trustees of the Fund to submit a report to the Minister annually
on its activities.
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WATER DEVELOPMENT
TRUST FUND
The Trustees of the Fund will be representatives of:
(1) the Institute of Chartered Accountants;
(2) the Lusaka Stock Exchange;
(3) any national institution dealing with investments;
(4) the Law Association of Zambia; and
(5, 6, 7) the Ministries responsible for water development,
tourism and finance.
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PART XVI – ENFORCEMNET
AND GENERAL PROVISIONS
This Part deals with:
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Appeals and dispute resolution;
Power of entry for enforcement and monitoring;
Offences, penalties and prosecutions;
Protection of ministers and others from liability;
Offences by corporation;
Fines in lieu of prosecution and Recovery by Distress;
Public consultation;
Regulations; and
Repeal, Savings and Transitional Provisions.
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Schedule I
• PART I: deals with Administration of the Authority i.e. seal of
Authority, tenure of office and vacancy, proceedings of Board,
allowances for members, disclosure of interest;
• PART II: deals with the Financial Provisions i.e funds of the
Authority, financial year, accounts & Annual Report
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Schedule II
Deals with
• Dissolution of Water Board;
• Vesting of assets of Water Board;
• Registration of property to be transferred to Government;
• Legal proceedings;
• Terms of service of employees of Water Board;
• Existing Rights under order of Water Board;
• Existing works
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Schedule III
• PART I: Deals with Treaties, Conventions and Agreements
• PART II: Existing Regional Institutions
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Way Forward
The Road Map:
•MOJ Internal Legislative Committee
•Cabinet Legislative Committee
•National Assembly
MARCH 2007-ENACTMENT (?)
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Thank you
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