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WATER RESOURCES COMMISSION ACT,
1996 (ACT 522)
ARRANGEMENT OF SECTIONS
PART I—ESTABLISHMENT AND FUNCTIONS
OF THE WATER RESOURCES COMMISSION
Sections
1. Establishment of Water
Resources Commission.
2. Functions of the Commission.
PART II—COMPOSITION OF COMMISSION
AND RELATED PROVISIONS
3. Composition of the Commission.
4. Tenure of Office of Members.
5. Filling of Vacancies.
6. Meetings of Commission.
7. Commission to Appoint
Committees.
8. Allowances for Members of the
Commission and Committees.
9. Executive Secretary to the
Commission.
10. Other Staff of the Commission.
11. Delegation of Power of
Appointment.
PART III—REGULATION OF USE OF
WATER RESOURCES
12. Public Water Vested in
President.
13. Prohibition of use of Water
without Authority.
14. Use of Water Resources for
Domestic Purposes.
15. Enforcement Notice.
16. Grant of Water Right.
17. Prohibition of Transfer of
Water Right.
18. Creation of Statutory
Wayleaves and Easement.
19. Suspension or Variation of
Water Right.
20. Termination or Limitation of
right where Water is required for
Public Purpose.
21. Compensation on Suspension or
Cancellation of Water Right.
22. Compensation on Suspension or
Cancellation of Water Right.
23. Termination or Limitation for
Non-Use.
24. Pollution of Water.
PART IV—FINANCIAL AND
MISCELLANEOUS PROVISION
25. Funds of Commission.
26. Accounts and Audit.
27. Annual Report.
28. Power to Obtain Information.
29. Power to Inspect Works, etc.
30. Power to Require Demolition of
Unlawful Works.
31. Minister to Declare Controlled
Area.
32. Schemes for Development of
Water Resources in Protected
Areas.
33. Declaration of Water
Emergency.
34. Penalty for Offences.
35. Regulations.
36. Transitional Provisions.
37. Interpretation.
38. Repeal.
THE FIVE HUNDRED AND TWENTY-SECOND
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
WATER RESOURCES COMMISSION ACT,
1996
AN ACT to establish a Water
Resources Commission, to provide
for its composition and functions
on the regulation and management
of the utilisation of water
resources in Ghana and for related
matters.
DATE OF ASSENT: 30 TH DECEMBER,
1996
BE IT ENACTED BY PARLIAMENT as
follows—
PART I—ESTABLISHMENT AND FUNCTIONS
OF THE WATER RESOURCES COMMISSION
Section 1—Establishment of Water
Resources Commission.
(1) There is established by this
Act a Water Resources Commission
referred to in this Act as “the
Commission”.
(2) The Commission shall be a
body corporate with perpetual
succession and a common seal and
may sue and be sued in its
corporate name.
(3) The Commission may for and in
connection with the discharge of
its functions purchase, hold,
manage or dispose of any movable
or immovable property and may
enter into such contracts and
transactions as may be reasonably
related to its functions.
Section 2—Functions of the
Commission.
(1) The Commission shall be
responsible for the regulation and
management of the utilisation of
water resources, and for the
co-ordination of any policy in
relation to them.
(2) Without prejudice to
subsection (1) of this section,
the Commission shall—
(a) propose comprehensive plans
for the utilisation, conservation,
development and improvement of
water resources;
(b) initiate, control and
co-ordinate activities connected
with the development and
utilisation of water resources;
(c) grant water rights;
(d) collect, collate, store and
disseminate data or information on
water resources in Ghana;
(e) require water user agencies to
undertake scientific
investigations, experiments or
research into water resources in
Ghana;
(f) monitor and evaluate
programmes for the operation and
maintenance of water resources;
(g) advise the Government on any
matter likely to have adverse
effect on the water resources of
Ghana;
(h) advise pollution control
agencies in Ghana on matters
concerning the management and
control of pollution of water
resources; and
(i)
perform such other functions as
are incidental to the foregoing.
PART II—COMPOSITION OF COMMISSION
AND RELATED PROVISIONS
Section 3—Composition of the
Commission.
(1) The Commission shall consist
of—
(a) a Chairman who shall not be a
Minister or a Deputy Minister;
(b) one person representing each
of the following—
(i)
the Ghana Water and Sewerage
Corporation;
(ii) Organisations producing
potable water;
(iii) the Hydrology Department of
the Ministry of Works and Housing;
(iv) the Volta River Authority;
(v) the Irrigation Development
Authority
(vi) the Water Resources Research
Institute;
(vii) the Meteorological Service;
(viii) the Environmental
Protection Agency;
(ix) the Forestry Commission; and
(x) the Minerals Commission;
(c) the Executive Secretary
appointed under section 9 of this
Act;
(d) a chief; and
(e) two other persons at least
one of whom shall be a woman
(2) The members of the Commission
shall be appointed by the
President acting in consultation
with the Council of State.
Section 4—Tenure of Office of
Members.
(1) A member of the Commission
other than an ex-officio member
shall hold office for a period of
three years and shall be eligible
on the expiration of his term of
office for re-appointment.
(2) A member of the Commission
other than an ex-officio member
may at any time by notice in
writing to the President resign
his office.
(3) A member who is absent from
three consecutive meetings of the
Commission without sufficient
cause shall cease to be a member.
(4) The President may in writing
remove a member for stated
reasons.
Section 5—Filling of Vacancies.
(1) When a member of the
Commission other than an
ex-officio member is incapacitated
by illness or any other cause from
performing the functions of his
office for more than twelve
months, the President may acting
in consultation with the
appropriate institution appoint
another person to perform the
functions of the member until the
member is able to resume the
performance of his duties.
(2) Where a person is appointed to
fill a vacancy he shall hold
office for the remainder of the
term of the previous member and
shall, subject to the provisions
of this Act, be eligible for
re-appointment.
Section 6—Meetings of Commission.
(1) The Commission shall
ordinarily meet for the dispatch
of business at such times and at
such places as the Chairman may
determine, but shall meet at least
once every three months.
(2) The Chairman may, at the
request in writing of not less
than one-third of the members of
the Commission, convene a special
meeting of the Commission.
(3) At every meeting of the
Commission the Chairman shall
preside and in his absence a
member elected by the members
present from among their number
shall preside.
(4) The quorum at a meeting of the
Commission shall be seven members.
(5) The Commission may co-opt any
person to attend any of its
meetings except that no co-opted
person shall vote at the meeting.
(6) Questions proposed at meetings
of the Commission shall be
determined by a majority of the
votes of the members present and
voting and where the votes are
equal the Chairman or the member
presiding shall have a casting
vote.
(7) No act or proceeding of the
Commission shall be invalidated by
a vacancy among its members or a
defect in the appointment or
qualification of a member.
(8) Subject to the provisions of
this section, the commission shall
regulate the procedure for its
meetings.
Section 7—Commission to Appoint
Committees.
The Commission may for the
discharge of its functions appoint
committees comprising members, or
non-members or both and may assign
to them such functions as the
Commission may determine except
that a committee composed entirely
of non-members may only advise the
Commission.
Section 8—Allowances for Members
of the Commission and Committees.
Members of the Commission and
members of committees appointed by
the Commission shall be paid such
allowances as may be determined by
the Minister responsible for
Finance.
Section 9—Executive Secretary to
the Commission.
(1) The President acting in
accordance with the advice of the
Commission given in consultation
with the Public Services
Commission shall appoint an
officer to be designated the
Executive Secretary to the
Commission.
(2) The Executive Secretary shall
under the general supervision and
direction of the Commission, be
responsible for the day to day
management and administration of
the Commission.
(3) The Executive Secretary shall
be the secretary to the Commission
and shall in consultation with the
Chairman arrange the business and
cause to be recorded and kept
minutes of the Commission.
(4) The Executive Secretary shall
perform such other functions as
the Commission may assign to him.
Section 10—Other Staff of the
Commission.
(1) There shall be appointed by
the President acting in accordance
with the advice of the Commission
given in consultation with the
Public Services Commission, such
officers as the Commission may
require for the effective
discharge of its functions under
this Act.
(2) Other public officers may be
transferred or seconded to the
Commission or may otherwise give
assistance to the Commission.
Section 11—Delegation of Power of
Appointment.
The President may subject to such
conditions as he may think fit,
delegate his power of appointment
under sections 9 (1) and 10 (1) by
directions in writing to the
Commission or to a member of the
Commission or to any public
officer.
PART III—REGULATION OF USE OF
WATER RESOURCES
Section 12—Public Water Vested in
President.
The property in and control of all
water resources is vested in the
President on behalf of, and in
trust for the people of Ghana.
Section 13—Prohibition of use of
Water without Authority.
(1) No person shall—
(a) divert, dam, store, abstract
or use water resources; or
(b) construct or maintain any
works for the use of water
resources except in accordance
with the provisions of this Act.
(2) Nothing in subsection (1) of
this section shall prevent the use
of water resources for the purpose
of fighting fires.
Section 14—Use of Water Resources
for Domestic Purposes.
(1) A person who has lawful access
to water resources may abstract
and use such water for domestic
purposes.
(2) Nothing in subsection (1)
shall authorise the construction
or any works for the purpose of
abstracting water resources.
Section 15—Enforcement Notice.
(1) Where it appears to the
Commission that the use of water
resources for any purpose at any
place poses a serious threat to
the environment or to public
health, the Commission may serve
on the user of the water
resources, an enforcement notice
requiring him to take such steps
as the Commission thinks necessary
to prevent or stop the activities.
(2) An enforcement notice shall
specify—
(a) the offending activity;
(b) the steps required to be
taken; and
(c) the time within which the
steps shall be taken.
(3) The Commission may in an
enforcement notice direct the
immediate cessation of the
offending activity where it
considers that the circumstances
so demand.
(4) Any person who acts contrary
to an enforcement notice issued
under this section commits an
offence and is liable, on summary
conviction, to a fine of not less
than ¢200,000.00 or exceeding 2
million cedis and in default to
imprisonment for a term not
exceeding one year or to both; and
in the case of a continuing
offence to a further fine not
exceeding ¢100,000.00 for each day
that the offence continues after
conviction.
Section 16—Grant of Water Right.
(1) Any person may apply to the
Commission in writing for the
grant of water right.
(2) The Commission shall on
receipt of an application make
such investigations as it
considers necessary including
consultations with the inhabitants
of the area of the water resources
concerned.
(3) The Commission shall publish
in the Gazette notice of an
application and the area in
respect of which the application
is made.
(4) A person who claims that his
interest will be affected by the
grant of water right may notify
the Commission within three months
of the notice in the Gazette of
his objection to the grant of the
water right and shall specify the
grounds of the objection.
(5) The Commission shall consider
the objections made in respect of
it and shall after consultation
with such persons and authorities
as it may consider necessary,
determine whether the water right
shall be granted.
(6) Where the Commission is
satisfied that the water right
shall be granted, it shall so
grant the right.
(7) The Commission may grant water
right subject to such conditions
as shall be specified in the
document for the grant.
(8) A grant of water right shall
be subject to ratification by
Parliament.
(9) Parliament may by resolution
supported by the votes of not less
than two-thirds of all the members
of Parliament exempt from the
provisions of subsection (8) of
this section such class of water
right as it shall so resolve.
Section 17—Prohibition of Transfer
of Water Right.
No water right granted under this
Act shall be transferred without
the written approval of the
Commission.
Section 18—Creation of Statutory
Wayleaves and Easement.
Where the grant of any water right
is to a statutory corporation or
any other public body whose use of
the water right ensures to the
benefit of the public, the
provisions of the Lands (Statutory
Wayleaves) Act, 1963 (Act 186)
shall apply for the creation of
any right of way or other similar
right for the purpose of enabling
the works related to the water
rights to be implemented.
Section 19—Suspension or Variation
of Water Right.
(1) Where water right has been
granted and the Commission is of
the opinion that the water
resource in any area is
insufficient or is likely to
become insufficient as a result of
the grant, it may by notice in
writing to the holder of the water
right in that area, suspend or
vary any right to abstract or use
the water resource in that area,
for such period as the Commission
considers necessary.
(2) Where a notice has been issued
under subsection (1) the water
right shall cease for the period
of the suspension or shall be
exercisable only as so varied.
Section 20—Termination or
Limitation of right where Water is
required for Public Purpose.
(1) Subject to section 21 where
the Commission is satisfied that
water resources are required for a
public purpose it may by notice in
writing addressed to the holder of
a water right, terminate or limit
that right on the grounds that the
water is required for public
purpose, and the right shall cease
or shall be exercisable only as so
limited.
(2) A declaration in writing by
the Commission that water
resources are required for a
public purpose shall be conclusive
evidence of that fact.
Section 21—Compensation on
Suspension or Cancellation of
Water Right.
The holder of a water right shall
be entitled to receive such
compensation as may be reasonable
in the circumstances in respect of
the loss resulting from the
termination or limitation of the
right he holds and in the absence
of the agreement the court shall
determine the amount of such
compensation.
Section 22—Water Right to be
Terminated for Breach of
Condition.
(1) Where the holder of the water
right—
(a) fails to comply with any
condition of the grant express or
implied or;
(b) has abstracted or used water
resources for a purpose not
authorised by the grant,
the Commission may by notice in
writing addressed to the holder
require him to remedy the default
within such period as shall be
specified in the notice.
(2) If the holder fails or
neglects to remedy the default
within the period specified the
Commission may terminate the water
right and inform the holder
accordingly in writing.
Section 23—Termination or
Limitation for Non-Use.
Where at any time the Commission
has reason to believe that the
holder of water right has not,
during the preceding two years,
made full beneficial use of that
right, it may after giving the
holder of the right opportunity of
making representations to the
Commission, by notice in writing
addressed to the holder and having
regard to the investment in
capital works and the long term
national interest involved in the
undertaking concerned—
(a) terminate the right; or
(b) limit or modify in such
respects as it may specify the
right.
Section 24—Pollution of Water.
(1) A person who, except in
accordance with the provisions of
this Act or with the approval of
the Environmental Protection
Agency—
(a) interferes with or alters the
flow of; or
(b) pollutes or fouls any water
resource beyond such level as the
Environmental Protection Agency
may prescribe, commits an offence
and is liable on conviction to a
fine not exceeding ¢5 million or
to a term of imprisonment not
exceeding two years or to both.
PART IV—FINANCIAL AND
MISCELLANEOUS PROVISION
Section 25—Funds of Commission.
The funds of the Commission shall
include—
(a) Government subvention;
(b) any loans granted to the
Commission;
(c) any monies accruing to the
Commission in the course of the
performance of its functions under
this Act or any other enactment;
(d) gifts; and
(e) monies from any other source.
Section 26—Accounts and Audit.
(1) The Commission shall keep
books of account and proper
records in relation to them and
the account books and records of
the Commission shall be in a form
approved by the Auditor-General.
(2) The books and accounts of the
Commission shall be audited
annually by the Auditor-General or
an auditor appointed by him within
three months of the end of the
immediately preceding financial
year.
(3) The financial year of the
Commission shall be the same as
the financial year of the
Government.
Section 27—Annual Report.
(1) The Commission shall, as soon
as possible after the expiration
of each financial year but within
six months after the termination
of the year, submit to the
Minister an annual report dealing
generally with the activities and
the operations of the Commission
within that year which shall
include—
(a) a copy of the audited accounts
of the Commission together with
the Auditor-General's report on
it; and
(b) such other information as the
Minister may require.
(2) The Minister shall within two
months after receiving the annual
report of the Commission submit
the report to Parliament with such
statement as he may consider
necessary.
Section 28—Power to Obtain
Information.
The Commission may for the proper
and efficient performance of its
functions request information from
a person who shall, subject to any
other law, comply with the
request.
Section 29—Power to Inspect Works,
Etc.
(1) The Commission may in
consultation with the relevant
District Assembly at any
reasonable time enter upon any
land to inspect works constructed
or under construction there and
may ascertain or cause to be
ascertained the amount of water
abstracted or capable of being
abstracted by means of the works.
(2) No person shall obstruct the
Commission in the performance of
its functions under subsection (1)
of this section.
(3) If in the opinion of the
Commission any works have been
constructed, maintained or used or
is being so constructed as to
constitute a danger to life,
health, property or damage to the
natural resources of the area, it
may require a person for the time
being enjoying the benefit of
those works to demolish or to
change the use of the works in
such manner as the Commission
considers necessary.
(4) For the purpose of this
section the Commission may by note
in writing suspend any water right
until it is satisfied that such
requirements have been fulfilled.
Section 30—Power to Require
Demolition of Unlawful Works.
(1) The Commission may on the
advice of a District Assembly by
notice in writing require a
person—
(a) who has constructed or
extended, or caused to be
constructed or extended any works
contrary to any conditions under
which the person was required or
authorised to effect the
construction or extension; or
(b) whose water right in respect
of which any works in existence
have been terminated under the
provisions of this Act or has
otherwise come to an end, to
modify, demolish or destroy the
works within such period not being
less than thirty days, as may be
specified in the notice.
(2) Where a person fails to comply
with a notice served on him under
subsection (1), the Commission may
cause the works to be modified,
demolished or destroyed and
recover the cost of the
modification, demolition or
destruction from the person in
default by civil suit.
Section 31—Minister to Declare
Controlled Area.
Where the Minister is satisfied
that special measures are
necessary for the protection of
water resources in or derived from
any area, he may executive
instrument declare that area or
any part of that area, to be a
protected catchment area.
Section 32—Schemes for Development
of Water Resources in Protected
Areas.
(1) Where an area has been
declared a protected catchment
area the Commission may in
consultation with the National
Development Planning Commission
and the District Assembly of the
protected catchment area,
establish a comprehensive scheme
for the development of the water
resources of that area.
(2) For the purpose of
establishing a comprehensive
scheme, the Commission may, after
giving the holder an opportunity
for making representations in
respect of any subsisting right
within the area—
(a) declare the right terminated;
(b) declare the right limited or
modified in such respect as may be
specified by the Commission; or
(c) grant the holder a new water
right upon such terms and
conditions as it considers fit;
except that the holder shall be
entitled to receive compensation
in respect of any loss resulting
from the termination or limitation
of the right.
(3) The Commission may cause to be
constructed and maintained such
works as may be expedient for the
better protection of land and
water resources within a protected
catchment area.
(4) The Minister on the
recommendations of the Commission
and with the approval of Cabinet
may levy such charges as may be
prescribed upon the beneficiaries
of any comprehensive scheme within
a protected catchment area in
order to defray expenses of the
construction or maintenance of
such works or both.
Section 33—Declaration of Water
Emergency.
(1) Where the Minister, after
consultation with the District
Assembly of any area, is satisfied
that because of drought or because
of an accident or any unforeseen
circumstances, a serious
deficiency of water for essential
domestic purposes exists or is
threatened in any area, he may by
notice in the Gazette declare that
a water emergency exists in the
area concerned.
(2) The Minister may after a
declaration of water emergency,
permit any person who has supply
of water in excess of his domestic
purposes to supply water to the
area affected or to any other
person, for such period as he
shall specify from the excess
quantity of water.
Section 34—Penalty for Offences.
A
person who—
(a) diverts, dams, stores,
abstracts or uses water resources
contrary to section 13 (1) (a);
(b) constructs or maintains any
works for the use of water
resources contrary to section 13
(1) (b);
(c) does not comply with a
request made under section 29;
(d) obstructs the Commission in
the performance of its functions
under section 30 (1); or
(e) does not comply with the
directives given by the Minister
under section 33 (2) commits an
offence and is liable, on
conviction, to a fine not
exceeding ¢2 million or 3 years
imprisonment or to both.
Section 35—Regulations.
(1) The Commission may by
legislative instrument make
regulations—
(a) for preserving existing uses
of public water;
(b) for controlling any change in
the course, current or
cross-current of any contained
surface water in order to obtain
the most beneficial use of the
water;
(c) relating to the declaration of
water emergencies;
(d) for regulating the use of
contained water and ground water;
(e) for the carrying out of
investigations in respect of any
function of the Commission;
(f) for the protection of
watersheds;
(g) for the granting of permits to
discharge waste into water bodies;
(h) for prescribing the acceptable
levels of pollution;
(i)
to regulate or prohibit the doing
of any act by any person in a
protected catchment area;
(j) for the levying of charges
under this Act; and
(k) generally for the purpose of
giving effect to the provisions of
this Act.
(2) An instrument under subsection
(1) of this section shall be
issued under the hand of the
Chairman of the Commission.
Section 36—Transitional
Provisions.
(1) Where a person claims an
existing right of access to any
water resource that person shall,
within twelve months from the
coming into force of this Act
notify the Commission of that
right.
(2) The Commission shall on
receipt of the notification
conduct such investigations as it
considers necessary, and where it
is satisfied that right exists in
relation to the person it may take
such action as it considers
appropriate.
Section 37—Interpretation.
In this Act unless the context
otherwise requires—
"beneficial use" means the use of
water including the method of
diversion, storage, transportation
and application of the water which
is reasonable and consistent with
the public interest, including
domestic, energy, agricultural,
commercial, industrial, municipal,
navigational and recreational use;
"contained water" means
underground streams, water upon
the surface of the earth in bounds
created naturally or artificially
and the sub-flow of the water;
"Court" means the High Court;
"existing right" means any right
to water resources—
(a) which on the coming into force
of this Act has been lawfully
acquired, is possessed by and is
being beneficially used by any
person; or
(b) lawfully acquired by any
person before the coming into
force of this Act for the purpose
of supplying water to the public;
"holder" means a person who has
been granted water right under
this Act;
"Minister" means the Minister
responsible for Works and Housing;
“protected catchment area" means
any area declared by the Minister
to be preserved for the protection
of water resources in or derived
from the area;
works" includes any construction
or activity for or related to use
of water resources;
“water resources" means all water
flowing over the surface of the
ground or contained in or flowing
from any river, spring, stream or
natural lake or part of a swamp or
in or beneath a watercourse and
all underground water but
excluding any stagnant pan or
swamp wholly contained within the
boundaries of any private land.
Section 38—Repeal.
Parts III of the Rivers Ordinance
(Cap 226) is hereby repealed.
Date of Gazette Notification: 31st
December, 1996.
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