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WATER USE REGULATIONS, 2001 (LI 1692).

ARRANGEMENT OF REGULATIONS

Regulation

1. Water use permit

2. Application procedure

3. Publications

4. Commission’s decision

5. Investigations

6. Public hearing

7. Priority of water use

8. Objections

9. Exemptions

10. Water uses exemption from permit but to be registered

11. Registration

12. Environmental Assessment

13. Grant of permit

14. Duration and renewal of permit

15. Prohibition

16. Appeals

17. General obligation

18. Cessation of permit

19. Non-transferability of permits

20. Water right

21. Payment of water charges

22. Keeping of records

23. Inspectorate

24. Offence

25. Interpretation

SCHEDULES

IN exercise of powers conferred on the Water Resources Commission by section 35 of the Water Resources Commission Act, 1996 (Act 522) these Regulations are made this 24th day of July, 2001.

Regulation 1—Water use Permit.

Subject to the Act, a person may obtain a permit from the Commission for

(a) domestic water use,

(b) commercial water use,

(c) municipal water use,

(d) industrial water use,

(e) agricultural water use,

(f) power general water use,

(g) water transportation water use,

(h) fisheries (aquaculture) water use,

(i) environmental water use,

(j) recreational water use, and

(k) under water (wood) harvesting.

Regulation 2—Application Procedure.

(1) An applicant for a permit shall file the application form with the Commission.

(2) The applicant shall obtain an application form as specified in Schedule A for completion from the Commission.

(3) The completed application form shall be accompanied by

(a) the appropriate administrative and processing fees specified in Schedule B, and

(b) any other information and documents which may assist the Commission in taking a decision.

(4) Upon receipt of a completed application form, the Commission shall publish a notice of the application in the mass media in a form that the Commission may determine.

(5) Where an applicant

(a) fails to pay the appropriate administrative and processing fees,

(b) submits and incomplete application form, or

(c) submits an application in error,

the Commission shall notify the applicant in writing to rectify the situation within fourteen days.

(6) Where the applicant fails to rectify the situation within fourteen days the Commission shall refuse to process the application.

Regulation 3—Publications.

(1) The Commission shall prior to making a grant of a permit, publish in the Gazette and in at least one national newspaper a notice

(a) stating the purpose of the application, and

(b) inviting objections from the public to be submitted to the Commission within three months from the date of the first publication.

(2) Objections made in response to a notice under subregulation (1) shall be submitted in writing to the Commission unless otherwise specified in the notice.

Regulation 4—Commission’s Decision.

The Commission shall within ten days of receipt of a completed application form

(a) acknowledge receipt of the application form in writing, and

(b) shall within ten days and not more than four months inform the applicant in writing of the Commission’s decision.

Regulation 5—Investigations.

(1) The Commission shall, in considering an application, conduct an investigation to ascertain whether the proposed use of the water

(a) is in accordance with the established water use policies and plans, and

(b) will not cause irreparable damage to water resources, public health and the environment.

(2) In conducting the investigations the Commission shall

(a) consider the technical and social aspects of the application, and

(b) ensure public participation especially the people in the area likely to be affected by the proposed use.

Regulation 6—Public Hearing.

(1) The Commission shall hold a public hearing in respect of an application where

(a) upon a notice issued under regulation 3(1) there is adverse public reaction to the proposed use;

(b) the use of the water involves the dislocation, relocation, resettlement or in any manner cause the destruction of the natural water resources of the community; or

(c) the Commission considers that the use of the water will have an impact on the natural resources of the basin.

(2) For the purposes of conducting a public hearing, the Commission shall collaborate with

(a) the Environmental Protection Agency,

(b) the traditional authorities of the community, and

(c) the relevant government institutions and agencies.

Regulation 7—Priority of Water use.

(1) In considering an application, the Commission shall be guided by

(a) the prevailing water policy,

(b) domestic water use, and

(c) any other water use which fulfils the goals of national socio-economic development.

(2) Where the priorities of two applications are the same, the first in time shall be given the priority.

Regulation 8—Objections.

(1) Where

(a) a person claims water right or other interest in a water resource which is the subject of a new application, or

(b) conflicting claims of interest are made over the same water resources,

the claim shall be referred by the Commission to the Water Users Committee of the Commission for resolution.

(2) The Committee shall consider all statements from the parties and any information supporting the claims of the parties.

(3) The proceedings of the Committee shall be informal and shall be governed by the rules of natural justice.

(4) The Committee shall submit its report and recommendations to the Commission within fourteen days after completion of the hearing.

(5) On receipt of the report and recommendations, the Commission shall act on it within fourteen days.

Regulation 9—Exemptions.

(1) Any water use resulting from the abstraction of water by manual means is exempted from these Regulations.

(2) These Regulations do not prevent the use of water resources for the purposes of fighting fire.

Regulation 10—Water uses exempted from permit but to be Registered.

(1) The following water uses are exempted from the permit requirement under regulation 2:

(a) water abstracted by mechanical means and used for any purpose where the abstraction level does not exceed five litres per second; and

(b) subsistence agricultural water use for land areas not exceeding 1 hectare.

(2) The water use specified in subregulation (1) are subject to registration under regulation 11.

Regulation 11—Registration.

(1) An application for the registration of water use in respect of regulation 10(1) shall be submitted to the relevant District Assembly.

(2) The application shall contain the

(a) name and address of the applicant,

(b) category and level of the water use,

(c) water body or system affected, and

(d) location of the water use.

(3) Where the District Assembly is satisfied with the application, the District Assembly shall

(a) register the water use, and

(b) issue the applicant with a registration number.

(4) The District Assembly shall furnish the Commission quarterly, with a list of all registered water uses in its locality.

(5) The Commission shall

(a) enter the particulars of the registration in the Water Register, and

(b) publish annually water uses registered.

Regulation 12—Environmental Assessment.

(1) Where the Commission in consultation with the Environmental Protection Agency considers a proposed water use to constitute a use which requires an environmental impact assessment, the applicant shall attach to the application evidence that an environmental impact assessment has been approved by the Environmental Protection Agency.

(2) Where in the opinion of the Environmental Protection Agency the proposed or existing water use requires and environmental management plan, that requirement shall be one of the conditions for the grant of water use permit.

Regulation 13—Grant of Permit.

(1) Subject to these Regulations, the Commission shall grant a permit to an applicant who satisfies the requirements of these Regulations.

(2) Where the Commission has reasons based on

(a) technical data,

(b) sustainability of the water resources,

(c) national security

(d) public safety, or

(e) other reasonable justification

the Commission shall refuse to grant the permit to the applicant.

(3) The Commission shall within fourteen days communicate the reasons for the refusal of a permit to applicant.

(4) A permit granted by the Commission is subject to the conditions specified in the permit.

(5) Unless otherwise stated, a permit granted by the Commission shall be subject to ratification by Parliament.

(6) Where the Commission grants a permit, the Commission shall

(a) enter the particulars of the permit in the Water Register, and

(b) publish the fact of the grant in the mass media in a form that the Commission may determine.

(7) The Commission shall furnish a District Assembly with a list of all approved permits granted within its area.

Regulation 14—Duration and Renewal of Permit.

(1) A permit granted under these Regulations

(a) shall be for the period specified in the permit; and

(b) may be renewed.

(2) An application for the renewal of a permit shall be made to the Commission not later than ninety days before the expiration of the permit.

Regulation 15—Prohibition.

A person

(a) who fails to renew that person’s permit, or

(b) whose application for the renewal is rejected by the Commission shall not use the water resources to which the permit relates.

Regulation 16—Appeals.

(1) A person aggrieved by the refusal of the Commission to grant or renew a permit may lodge a complaint in writing with the chairman of the Commission.

(2) The complaint shall be submitted to the chairman within thirty days of the Commission’s decision.

(3) The complainant shall

(a) state the nature of the objections or complaint,

(b) attach a copy of the decision objected to, and

(c) attach all documents relevant for the determination of the complaint.

(4) The chairman shall within thirty days of receipt of the complaint take a decision on it.

(5) A person may appeal to the High Court where

(a) that person is dissatisfied with the decision of the chairman, or

(b) on the expiration of the thirty days the chairman has not acted on the complaint.

Regulation 17—General Obligation.

(1) A permit holder shall at the holder’s expense construct, secure and maintain to the satisfaction of the Commission or a person appointed by the Commission for the purpose, any work which is necessary for the passage of waste water flowing from any work construct by the holder.

(2) Subject to the endorsement on the permit, the permit holder shall return the waters to the same body of water from which the water was originally diverted or abstracted.

Regulation 18—Cessation of Permit.

(1) The Commission may within three months after the expiration or prior termination of the permit serve notice on the permit holder to

(a) remove the work, and

(b) restore the land on which the work was situated to its original state or in a good state as the land was before the works were constructed on the land.

(2) Where the permit holders fails to comply with the notice under subregulation (1), the Commission shall remove the work and restore the land to its original state.

(3) The permit holder shall pay the expenses incurred by the Commission in affecting the removal of the work and the restoration of the land.

Regulation 19—Non-Transferability of Permits.

A permit holder shall not transfer a permit granted under these Regulations except with the prior approval in writing of the Commission.

Regulation 20—Water Right.

(1) A person who holds a water right for an item specified in column 1 of Schedule C shall pay the raw water charge at a rate specified in column 2 of the Schedule.

(2) For the purposes of these Regulations, raw water charges represent the cost of used water resources.

Regulation 21—Payment of Water Charges.

(1) A permit holder may pay the assessed raw water charges in advance or as may be determined by the Commission in prior consultation with the holder.

(2) The raw water charges shall be used to defray the cost of water resources management and regulation.

Regulation 22—Keeping of Records.

(1) A permit holder shall keep a full and correct record of

(a) all water abstracted, diverted or stored, giving the date, time, quantity and methods of the abstraction, diversion or storage, and

(b) the purpose for which the water was used.

(2) The permit holder shall furnish to the Commission at the times that the Commission may demand the report made under subregulation (1).

Regulation 23—Inspectorate.

(1) There is established by these Regulations and Inspectorate Division of the Commission.

(2) In accordance with section 10 of the Act there shall be appointed a chief inspector and other inspectors to perform the functions that the Commission may determine for the purposes of giving effect to these Regulations.

(3) An inspector appointed under these Regulations may enter any premises

(a) which the inspector suspects to be used for a purpose to which these Regulation apply, and

(b) ensure that these Regulations are complied with.

Regulation 24—Offence.

A permit holder who interferes with or who permits a person to interfere with a controlling or measuring device so that the quantity of water abstract, diverted or stored is not in accordance with the terms of the holder’s permit or is not in accordance with the terms of an order of the Commission commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both.

Regulation 25—Interpretation.

In these Regulations, unless the context otherwise requires,

“the Act” means the Water Resources Act, 1996 (Act 522);

“agricultural water use” means the use of water to enhance agricultural output by means o irrigation or use of water to sustain livestock;

“commercial water use” means the abstract and use of water for independent projects that rely on their own water production works;

“Commission” means the Water Resources Commission;

“domestic water use” means the use of water for household purposes and personal hygiene;

“environmental water use” means the release or maintenance of certain flow of water for the purpose of maintaining specific environmental and recreational purposes;

“fisheries water use” means the release or maintenance of a certain flow of water for the purpose of meeting the needs of aquaculture or fisheries activities;

“industrial use” means the use of water by major non-municipal industrial establishment;

“municipal water use” means the diversion, treatment, and distribution of water by a water supply utility to satisfy a range of domestic and non-domestic demands within a given municipality;

“power generation water use” means the use of the hydraulic potential of water for the generation of power by diverting it through penstocks and turbines;

“recreational use” means the use of water for activities such as swimming, boat surfing etc.;

“use” means any taking advantage of water, either as a physical substance or as a water body, to meet any demand;

“water transportation water use” means the use of water for navigation relying on the buoyancy capability of water.

SCHEDULES

SCHEDULE A

Regulation 2(2)

WRC Form 2

Water Rights Application Form

WATER RESOURCES COMMISSION

Name of Applicant ------------------------------------------------------------------------------------

Mailing address: ---------------------------------------------------------------------------------------

Tel:   -------------------------------      Fax:    --------------------------------     E-mail: -----------

Name of CEO/Director: ____________________________________________________

Name of responsible contact person:   ______________________________________

Location of the use:   ----------------------   District:   ---------------------------  Region: ----------------

Please indicate the proposed primary purpose (1) and secondary purpose (2) of use:

Domestic/municipal       ___________             Aquaculture          _____________ 

Industrial /mining           ___________             Livestock              _____________ 

Irrigation                         ___________            Navigation             _____________

Power generation            ___________            Environmental       _____________ 

Construction                  ___________             Recreation             _____________           

Others                            ______________________________________________ 

Please indicate type of water use:

Consumptive      ________________        Non-consumptive           _________________

Please indicate the water use activity

Damming          ________________        Dredging           _________________     

Diversion           _______________         Drilling  _________________     

Please indicate whether the following are included

EIA and other relevant                            Yes      No       

Site Plan                                               Yes      No       

Demand Management Plan (for consumptive uses only)    Yes      No       

Business particulars (for private establishments)               Yes      No       

If  the answer to the above is no, state reasons why and when full documentation can be expected

The information contained in this application is true to the best of my knowledge.

Signature…………………………………….............        Date…………….................………

____________________________________________________________________________

OFFICIAL USE ONLY

Application No.     ______________           Date rec.: _______________   Fee rec.:____________

WRC Form 2

Print name:

General Information

____________________________________________________________________________________

Data on the proposed use:

Location of works: -----------------------------------------------  District: -------------------------------------------

Point of use1 : --------------------------------------------------------------------------------------------------------------

Name of water body affected2 -------------------------------- Tributary of ---------------------------------

Rate of use (m3/annum) being applied for: ------------------------------------------------------

If existing, actual rate of use:--------------------------------------------------------------------- 

Indicate any variations in demand: Daily: --------------------  seasonal/monthly: ------------

Where water can be returned to public stream/drain, state:

Point of return flow:-----------------------------------------------------------------------------------

Quantity of return flow (m3/day) -------------------------------------------------------------------

(level of pollutants, temp, etc.) ----------------------------------------------------------------------

Water body affected: ----------------------------------------------------------------------------------

Types of works involved (describe): ---------------------------------------------------------------

Projected duration of use:   from --------------------------------  to -------------------------------

Proposed method of measuring consumption/use _______________________________

Proposed method(s) of measuring water quality: ______________________________

Data on affected parties

Date of acquisition of interest or right of access ______________________________

Beneficiaries of proposed use: ----------------------------------------------------------------------

Names of other major users who abstract water from the same water body: (attach list)

--------------------------------------------------------------------------------------------------------------------------------------------

Persons or areas affected by

1) the proposed use of water: Up-stream         -------------------------------------------

     Down-stream     ------------------------------------------

2) subsequent discharges:       Down-stream.    -------------------------------------------

Indicate any major impacts the proposed use will have on the environment:

___________________________________________________________________

___________________________________________________________________

What measures are proposed to avoid pollution, flooding or other adverse affects?

---------------------------------------------------------------------------------------------------------------------------------

Data on Specific Uses

______________________________________________________________________________________

Additional data is required for certain specific uses.  Please proide information as applicable

Data on Works

Please supply the following data on the works that are required for the proposed water use

______________________________________________________________________________________

Abstraction:

Type of pumping mechanism

Capacity of pumps (Installed)

Capacity of pumps (to be installed)

Pumping hours per day

Rate of abstraction per hour       

______________________________________________________________________________________

Diversion/distribution

Diversion by gravitation, canal or pipe?

Include map/diagram of diversion works.

Details of land ownership, if other than applicant. 

______________________________________________________________________________________

Damming

Height/proposed height of dam

Capacity of reservoir at overflow level

Area of inundation.

Average depth of storage

System of mandatory releases (spillways etc.)    

______________________________________________________________________________________

1. Use is defined in the WRC Act, no. 522 as to divert, dam, store, abstract or use water resources

2. Indicate the river, lake, reservoir or aquifer.

* Use separate sheet if necessary.

SCHEDULE B

Regulation 2(3)(a)

Administrative and Processing Fees

SCHEDULE C

Regulation 20(1)

PROFESSOR DORM ADZOBU

Chairman of the Commission.

Date of Gazette Notification: 17th August, 2001.

Entry into force: