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RIVERS ORDINANCE, 1951 (CAP 226)
ARRANGEMENT OF SECTIONS
Section
PART 1— PRELIMINARY
1. Short Title and Application.
2. Interpretation.
3. Rivers may be added to Schedule
1.
4. Extent of Rivers may be
defined.
PART 2—DREDGING.
5. Dredging in River to be
Licensed, Schedule 2, Form A, Form
B.
6. Security may be Required.
7. Regulations on Dredging
Licence.
8. Contravening Dredging
Regulations.
9. Cancellation of Dredging
Licence.
PART 3—DIVERTING WATER.
10. Licence to Divert Water.
11. Penalty for Contravention of
Licence.
PART 4—STEAM VESSELS.
12. Steamer Licences.
PART 5—MISCELLANEOUS
13. Regulations.
14. Fees.
15. Procedure.
SCHEDULES
Schedule 1—Rivers to which this
ordinance applies.
Schedule 2—Dredging licence.
Form A—Licence to dredge for
minerals, etc.
Form B—Licence to dredge (not for
Minerals).
Form C—Steamer licence.
Form D—Licence To Pump, Divert
Water, Etc.
Schedule 3—Regulations to be
endorsed on dredging licences.
Schedule 4—Fees
CHAPTER 226
(Gold Coast.)
McCarthy Cap. 194.
Ordinances Nos. 2 of 1903, 15 of
1906, 16 of 1914, 27 of 1928, 30
of 1935, 19 of 1936, 24 of 1938.
AN ORDINANCE TO REGULATE THE USE
OF CERTAIN RIVERS IN THE GOLD
COAST. (Amended by 30 of 1935, s.
2.)
Date of Commencement. [4th
February, 1903.]
PART 1— PRELIMINARY
Section 1—Short Title and
Application.
This Ordinance may be cited as the
"Rivers Ordinance," and shall
apply to the Gold Coast. (30 of
1935, s. 2.)
Section 2—Interpretation.
In this Ordinance, unless the
context otherwise requires:—
Minister.
"Minister" means the Minister
responsible for Industry.
River.
Schedule 1.
"River" means a river specified in
Schedule 1, or added thereto in
manner hereinafter provided.
Steam Vessel.
"Steam Vessel" includes every
description of vessel so
constructed as to be propelled
otherwise than by sails, oars,
paddles, or poles.
Vessel.
"Vessel" includes any ship, boat,
or canoe, or other description of
vessel used in navigation however
propelled. (Amended by 27 of
1928, s. 2.)
Section 3—Rivers may be added to
Schedule 1.
It shall be lawful for the
Governor in Council to add to the
rivers specified in Schedule 1 the
name of any other running water:
Provided that no such addition
shall be deemed to be part of the
said Schedule until the expiration
of two months from the publication
thereof in the Gazette.
Section 4—Extent of Rivers may be
Defined.
It shall be lawful for the
Governor in Council to define the
extent of any river to which this
Ordinance shall apply. Any part of
a river outside the portion so
defined shall not be deemed to be
a river for the purposes of this
Ordinance.
PART 2—DREDGING.
Section 5—Dredging in River to be
Licensed, Schedule 2, Form A, Form
B.
It shall not be lawful to dredge
in any river without a licence
from the Minister, which shall be
in one of the forms in Schedule 2.
Any person dredging in a river
without a licence or contrary to
the terms on the face of his
licence, shall be guilty of an
offence, and shall be liable to a
penalty not exceeding fifty pounds
for every day during which the
offence continues. (Amended by 30
of 1935, s. 2.)
Section 6—Security may be
Required.
Before any licence to dredge is
granted security shall be given in
such terms and to such amount as
the Minister may in each
particular case direct.
Section 7—Regulations on Dredging
Licence.
Schedule 3.
On every licence to dredge the
regulations set forth in Schedule
3 shall be endorsed: Provided
that the Minister may in his
discretion require such further
regulations to be endorsed in any
particular case as he may think
fit.
Section 8—Contravening Dredging
Regulations.
Any person who shall act in
contravention of any of the
regulations endorsed upon the
licence under which he dredges
shall be guilty of an offence, and
shall be liable to a penalty not
exceeding one hundred pounds, and
the holder of the licence shall be
liable for any damage which may
have arisen in consequence of such
contravention. In this and the
following section non-compliance
with any lawful order, direction,
or notice given under the
regulations endorsed upon a
licence shall be deemed a
contravention of such regulations.
Section 9—Cancellation of Dredging
Licence.
Where in any prosecution under
this Ordinance it is proved that
the terms on the face of, or the
regulations endorsed on, a
dredging licence have been
contravened it shall be lawful for
the Divisional Court or
Magistrate's Court, subject to the
approval of the Minister, to
cancel such licence in addition to
imposing any penalty prescribed by
the Ordinance. (Amended by 30 of
1935, s. 2.)
PART 3—DIVERTING WATER.
Section 10—Licence to Divert
Water.
Schedule 2, Form D.
It shall not be lawful to pump,
divert, or by any means cause
water to flow from any river for
purposes of irrigation, or for
mines, factories, or other
commercial or industrial purposes
whatsoever, or to generate power
without a licence from the
Minister, which shall be in the
Form D in Schedule 2, and shall be
subject to such terms and
conditions as the Minister may
think fit.
Penalty.
Any person contravening the
provisions of this section shall
be guilty of an offence, and shall
be liable to a penalty not
exceeding fifty pounds for every
day on which it occurs. (Added by
16 of 1914, s. 2.)
Section 11—Penalty for
Contravention of Licence.
If any person who has obtained a
licence under the last preceding
section shall act in contravention
of any of the terms or conditions
thereof he shall be guilty of an
offence, and shall be liable to a
penalty not exceeding fifty pounds
for every day on which it occurs,
and it shall be lawful for the
Court in addition to imposing any
penalty to cancel such licence.
(Added by 16 of 1914, s. 3.)
PART 4—STEAM VESSELS.
Section 12—Steamer Licences.
(1) The master of every steam
vessel on a river shall take out a
licence for such vessel.
Form of Licence.
Schedule 2, Form C.
(2) Steamer licences shall be in
the Form C in Schedule 2, and
shall be granted at Accra by the
Accountant-General, and in other
districts by a District
Commissioner of the district
through which such river runs.
Every such licence shall commence
on the day on which it is granted
and shall terminate on the 31st
day of December following.
Penalty.
(3) The master of any steam vessel
who fails to comply with this
section shall be guilty of an
offence, and shall be liable to a
penalty not exceeding five pounds.
Definition.
(4) In this section "Master"
shall include owner and agent for
the owner.
PART 5—MISCELLANEOUS
Section 13—Regulations.
(1) The Governor in Council may
from time to time make
regulations—
Conservancy.
(a) Generally for the purpose of
protecting and improving the
navigability of any river;
Vessels.
(b) With respect to vessels on any
river;
Timber.
(c) With respect to the use of any
river for the transport of
floating timber;
Fishing.
(d) For the regulation and control
of fishing in any river; (Added by
24 of 1938, s. 2.)
Traffic.
(e) For regulating the traffic on
any river; and
General.
(f) Generally for the better
carrying out the provisions of
this Ordinance; (Added by 16 of
1914, s. 4.) and may for the
breach of any such regulation
impose a penalty not exceeding
five pounds.
(2) Such regulations may apply to
vessels generally or to steam
vessels or any particular class of
vessels and to the whole or any
part of a river. (Amended by 27
of 1928, s. 3.)
Section 14—Fees.
Schedule 4.
For every licence taken out under
this Ordinance there shall be
payable the fee prescribed
therefor in Schedule 4.
Section 15—Procedure.
All offences under this Ordinance
shall be dealt with summarily and
may be heard before a Magistrate.
(Amended by 19 of 1936, s. 16.)
SCHEDULES.
SCHEDULE 1.
(Sections 2 and 3.)
RIVERS TO WHICH THIS ORDINANCE
APPLIES.
Rivers Scheduled Under Ordinance.
Ahama. (Added 28th April, 1905.)
Ankobra and it's tributary the
Bonsa.
Bia. (Added by Order of the
Governor in Council 14 of 1927.)
Birim.
Butre.
Fura. (Added 6th May, 1904.)
Mansi. (Added 28th July, 1905.)
Pra and all it's tributaries.
St. John's or Princes.
Suni or Akivida.
Supon. (Added by Order of the
Governor in Council 8 of 1931.)
Tano and all it's tributaries.
Volta and all it's tributaries
including Ofin and it's
tributaries.
Amansum
The Afram.
Whin.
SCHEDULE 2.
(Section 5.)
FORM A.
DREDGING LICENCE.
Rivers Ordinance.
LICENCE TO DREDGE FOR MINERALS,
ETC.
Dredging Licence (for Minerals).
Licence is hereby granted to
................ to dredge in the
.............. (1) river within
the following limits, that is to
say, .................. (2).
This licence empowers the licensee
to dredge for minerals and
precious stones.
This licence is in force for one
year from the date hereof.
Dated at .......... this
......... day of ................,
19 .
Minister.
See regulations at back.*
(1) State river.
(2) State limits within which
licence applies.
FORM B.
DREDGING LICENCE.
(Section 5.)
Rivers Ordinance.
LICENCE TO DREDGE (not for
Minerals).
Dredging Licence ( not for
Minerals).
Licence is hereby granted to
..............to dredge in the
................ (1) river within
the following limits, that is to
say, ................. (2).
This licence does not empower the
licensee to dredge for minerals or
precious stones.
This licence is in force for one
year from the date hereof.
Dated at .......... this
........... day of ........ , 19
.
Minister.
See regulations at back.*
(1) State river.
(2) State limits within which
licence applies.
*NOTE—The regulation in Schedule 3
are to be endorsed on the licence
as well as such additional
regulation as the Governor may
require to be there endorsed.
FORM C.
STEAMER LICENCE.
(Section 12 (2).)
Rivers Ordinance.
STEAMER LICENCE.
Steamer Licence.
The (1) ................. (2)
........ , owned by .......... ,of
............ , is hereby licensed
for the ........ river.
This licence expires on the 31st
December, 19 .
Accountant-General or District
Commissioner.
(1) Name of vessel.
(2) Launch or tug or yacht, as the
case may be.
FORM D.
LICENCE TO PUMP, DIVERT WATER,
ETC.
(Section 10.)
(Added by 16 of 1914, s. 5.)
Rivers Ordinance.
LICENCE TO PUMP, DIVERT WATER,
ETC.
Licence to Divert Water.
Licence is hereby granted to
........ to pump (or otherwise
divert, as the case may be) water
from ....... river at ....... in
the .............. District for
the purpose of generating power at
.......... (or irrigation, or as
the case may be), subject to the
following terms and conditions
(here insert terms and
conditions).
This licence is in force for
.......... years from the date
hereof.
Dated at ......... this
...........day of ........ ,
19......... .
Minister.
SCHEDULE 3.
(Section 7.)
REGULATIONS TO BE ENDORSED ON
DREDGING LICENCES.
Regulation 1—Definition of
Inspector.
In these regulations "inspector"
shall mean some officer appointed
by the Governor to inspect
dredging.
Regulation 2—Notice of
Commencement of Dredging.
The licensee shall give due notice
to the inspector stating when he
wishes to commence dredging and at
what part of the river.
No dredging or operations
connected therewith shall be
commenced until the consent of the
inspector is given in writing.
The licensee shall give every
facility to the inspector to
examine such plans and documents
relating to the dredging or
operations connected therewith,
and to make copies of the same and
to take such soundings and
measurements as he may think fit.
Regulation 3—Method of Working.
The licensee shall not move his
dredging operations from one part
of the river to another without
the consent of the inspector in
writing; he shall, as far as
possible, conduct operations
continuously along and across the
bed of the river from the starting
point to the limits to which his
licence applies so as not to form
isolated holes or deep places.
Regulation 4—Obstructing of
Navigation Prohibited.
The licensee shall arrange his
dredgers, barges, boats, posts,
chains, anchors, and all other
apparatus appertaining thereto, so
that they in no way obstruct or
interfere with the navigation of
the river.
Regulation 5—Tailings.
The dredgers shall be so
constructed, and shall have such
additional apparatus, that the
tailings therefrom shall not be
deposited in such a manner as to
form groins or shoals in the bed
of the river.
Regulation 6—Removal of Deposits.
If, in the opinion of the
inspector, the dredging or any
operations connected therewith
have caused any groin, shoal,
deposit, or other obstruction to
be formed either at or near the
site of such operations or in any
other part of the river which
causes or tends to cause erosion
or other danger to the stability
of the bed of the river, or to the
navigation, such groin, shoal,
deposit, or other obstruction
shall be removed immediately upon
the receipt of a written notice
from the inspector.
Regulation 7—Protection of River
Bed and Banks.
If, in the opinion of the
inspector, the dredging or any
other operation connected
therewith has caused or tends to
cause erosion or other damage or
danger to the bed or banks of the
river, or to the navigation, the
licensee shall construct and fix
such temporary timber groins,
sheet piling, fascines, or other
works to the satisfaction of the
inspector as may be necessary to
remedy or prevent such damage,
and, if necessary, dredging
operations shall be suspended
until such works are completed and
prove satisfactory. Such works
shall be carried out, moved, and
removed immediately upon the
receipt of a written notice from
the inspector.
Regulation 8—Dredging of Tributary
Affecting main River.
If the river in which the dredging
operations are being carried on be
a tributary of another river, and
in the opinion of the inspector
the carrying on of such operations
has caused silt, mud, or other
material to be washed down the
tributary stream into the main
river, and has there caused shoals
or other obstructions to
navigation to be formed, or
damage, or danger to the bed or
banks of the river, the licensee
shall be held responsible, and
regulations 6 and 7 shall apply to
such main river as if it was the
river in which the licensee was
carrying on dredging operations.
Regulation 9—Liability of
Licensee.
The licensee shall be liable for
and shall indemnify the Government
and every officer thereof against
all accidents, injuries, damages,
trespass, and losses caused or
arising either directly or
indirectly by reason of or in
connection with the dredging
operations or works pertaining
thereto.
Regulation 10—Settlement of
Disputes as to Regulations.
In case, and so often as, any
question, difference, or dispute
shall arise as to the true intent
and meaning of these regulations,
or any part thereof, every such
question, difference, or dispute
shall be referred to the sole
arbitration and award of the
Minister, and his decision shall
be binding and final.
SCHEDULE 4.
(Section 14.)
FEES.
(Amended by 15 of 1906, s. 2.)
£ s. d.
For dredging licence A ..
.. .. 5
0 0
For dredging licence B ..
.. ..
1 0 0
For steamer licence C ..
.. .. 1
0 0
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