Presentation on theme: "1 3 rd Draft Water Resources Management Bill 2006 WRAP TEAM."— Presentation transcript:
1 3 rd Draft Water Resources Management Bill 2006 WRAP TEAM
2 National Water Policy 1994 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.
3 Water Act, Cap. 198 Laws of Zambia Passed by Legislative Council of Northern Rhodesia in 1948 as the Water Ordinance, came into force in After independence, the Water Ordinance was revised and transformed into an Act of Parliament, the Water Act. The Water Act has been amended 10 times, the last being Act. No. 13 of 1994, increasing the penalties under the Act.
4 The Water Act does not provide for: Clear water resources management principles; Equitable and reasonable principles for water allocation; Management of international waters; Groundwater management, development and utilisation; Involvement of stakeholders at the lowest appropriate level in the decision making process; Harmonization in the management of the water resource at institutional level. Why do we need a new Water Act?
5 Development of a new WRM Act for Zambia: the Process 1.Analysis of problems with stakeholders 2.Identify and develop strategies 3.Analysis of existing legislation 4.Develop proposal for a new institutional framework through stakeholders consultations 5.List of minimum requirements for new act 6.Draft WRM Bill 7.Stakeholders consultations on successive drafts Bill (presently: 3 rd draft WRM Bill) Stakeholders driven process!!
6 PART I Short title and commencement ;Short title and commencement ; Interpretation;Interpretation; Vesting water in the President;Vesting water in the President; No private ownership of waterNo private ownership of water Use and allocation of waterUse and allocation of water Principles of Water Resources Management.Principles of Water Resources Management.
7 Principles of Water Resources Management Water resources should be managed in an integrated manner; Water is a basic human need; There should be equitable access to water; 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;
8 Part II-THE WATER RESOURCES MANAGEMENT AUTHORITY 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 Establishes Catchment & Sub-Catchment Councils, and establishment & recognition of Water Users Associations; Functions of the Catchment, Sub-Catchment Councils and Water User Associations. PARTS II & III – INSTITUTIONAL FRAMEWORK
9 New Institutional Framework for WRM WRM AUTHORITY Board WRM AUTHORITY Board CATCHMENT AUTHORITIES CATCHMENT COUNCILS CATCHMENT COUNCILS WATER USERS COMMITTEES WATER USERS ASSOCIATIONS WATER USERS ASSOCIATIONS MINISTER CATCHMENT AUTHORITIES SUB-CATCHMENT COUNCILS SUB-CATCHMENT COUNCILS
10 This Part deals with the general functions of the Minister: Policy formulation; Legislative developments; Management of International Waters. This Part also includes other issues related to planning and development of water resources, such as: 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. PART IV - WATER RESOURCES PLANNING
11 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.
12 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: Review water permits; Regulate groundwater development activities; Regulate the volume and rate of abstraction. Compensation is only paid in case municipal purposes affect any other use. PART VI - WATER SHORTAGE AREAS Priorities of use in water shortage areas are set as: 1.Domestic; 2.Environmental; 3.Municipal; 4.Agricultural.
13 Congo Basin Tanzania, Burundi, Rwanda, Central Africa Republic, Cameroon, Congo Brazzaville, Angola, and Democratic Republic of Congo. Zambezi Basin Angola, Namibia, Botswana, Zimbabwe, Tanzania, Malawi, and Mozambique. Zambezi Basin CONGO AND ZAMBEZI INTERNATIONAL BASINS Congo Zambezi
14 The Part ensures that: Any agreement entered into operationalises the principle of equitable and reasonable utilisation of shared water resources; 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) 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.
15 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.
16 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: Activities where permits are required and activities where no permits are required; Process of application for a permit & consideration of applications for permits; Grant of temporary permits; Permits to run with land or undertaking; Variation and cancellation of permits; Registration of permits. PART IX - PERMITS FOR WATER USE
17 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 renewed 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. PART IX - PERMITS FOR WATER USE
18 This Part deals with licensing of constructors & drillers: Procedures for application, grant, modification of licence Only Approved Engineers will carry out functions relating to the construction, design, installation, operation or maintenance of any water works The Authority will establish and maintain a Register of all constructors and drillers PART X - LICENSING OF CONSTRUCTORS & DRILLERS
19 This Part deals with: Protection of groundwater and the measures the Authority shall take in order ensure it; The requirement to notify the Authority before drilling a borehole; Permission to drill and access for inspection; Defective borehole; Information on groundwater and confidentiality; Registration of boreholes; PART XI – GROUNDWATER AND BOREHOLES
20 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. PART XII – WATER WORKS
21 This Part deals with easements, which are a right of access to another person’s land to use water Types of Easement are: Right of storage Right of passage Right of abutment PART XIII - EASEMENTS A right of easement is not a proprietary interest in land An easement may be claimed by any person holding a permit A procedure for claiming an easement is spelt out
22 This Part deals with: Management of water related emergency situations; Early warning systems; Measures during drought, floods and emergency arising from water works such as dams; Emergency due to spillage of harmful and toxic substances Declaration of national disasters declared by the President due to droughts, floods and spillage of harmful or toxic substances; The Authority will act in collaboration with appropriate authorities and Ministries. Linkages with local councils & Disaster Management and Mitigation Unit. PART XIV - EMERGENCY SITUATIONS
23 This Part provides for: pricing policyThe establishment of a pricing policy; Water use charges and fees; recoveryThe recovery of water use charges and fees and the retention thereof. PART XV WATER USE CHARGES, FEES AND WATER DEVELOPMENT TRUST FUND
24 Part XV provides for: Water Development TrustThe 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. WATER DEVELOPMENT TRUST FUND
25 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) t he Law Association of Zambia; and (5, 6, 7) the Ministries responsible for water development, tourism and finance. WATER DEVELOPMENT TRUST FUND
26 This Part deals with: 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. PART XVI – ENFORCEMNET AND GENERAL PROVISIONS
27 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
28 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 Schedule II
29 PART I: Deals with Treaties, Conventions and Agreements PART II: Existing Regional Institutions Schedule III
30 Way Forward The Road Map: MOJ Internal Legislative Committee Cabinet Legislative Committee National Assembly MARCH 2007-ENACTMENT (?)