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Water - Ownership Of And Inherent Right To The Use Of Public Water (Ss 4-11)

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4.       Use of public water and construction of works

 

            Notwithstanding anything to the contrary in any other written law there shall be no right of property in public water, and the control and use thereof shall be regulated as provided in this Act or in accordance with the provisions of the Waterworks Act.

 

5.       Casual use of water in a public stream, etc

 

            Any person may, without a water right, while he is at any place where he has lawful access to a public stream or to a natural lake, pan or swamp, take and use public water therein for the immediate purpose of-

     (a)     watering stock;

     (b)     drinking, washing and cooking; or

     (c)     use in a vehicle,

but nothing in this section shall be construed as authorizing the construction of any works.

 

6.       Use, etc., of water by owners and occupiers of land

 

            (1) Subject to the provisions of this Act and of any other written law, the owner or occupier of any land may, without a water right-

     (a)     sink or deepen any well or borehole thereon and abstract and use water therefrom for domestic purposes, not exceeding such amount per day as may be prescribed in relation to the area where such well or borehole is situated by the Minister after consultation with an advisory board established in pursuance of section 35 in respect of that area:

                      Provided that this paragraph shall not authorize the sinking of any borehole within 236 metres of any other borehole (other than a dry borehole) or authorize the deepening of any borehole which is within this distance of any other borehole;

     (b)     construct any works thereon for the conservation of public water, and abstract and use public water so conserved, for domestic purposes:

                      Provided that this paragraph shall not authorize the construction of any works in a public stream unless-

           (i)       the whole of the catchment area of that stream above the works lies within such distance of the works as may be prescribed in relation to the area where the works are situated by the Minister after consultation with an advisory board established in pursuance of section 35 in respect of that area; or if no such distance is prescribed, within four kilometres of such works; or

          (ii)       the Minister after consultation with such a board as aforesaid has prescribed that that stream or the portion thereof where the works are construed shall be deemed not to be a public stream for the purposes of this section.

            (2) Where any person is authorized under the provisions of subsection (1)(a) to construct or deepen a borehole, he may also construct or deepen stand-by boreholes ancillary thereto:

            Provided that the total quantity of water which may be abstracted under this section from a borehole and any stand-by borehole ancillary thereto shall not exceed in aggregate the total quantity which may be abstracted from a single borehole under the provisions of that paragraph.

            (3) Nothing in this section shall be deemed to authorize an occupier of tribal land to do any of the things referred to herein except to the extent that he is permitted to do so under any customary law applicable to him or by agreement with the owner of such land.

 

7.       Right to water for mining purposes

 

            (1) The holder of any right under the Mines and Minerals Act to mine any mineral shall have in respect of the land to which his right relates the same rights as are conferred by section 6 on the owner or occupier of any land and may also abstract and use any underground water encountered in any workings and construct any works required for or in connection with the use of such water.

            (2) The holder of any right under the Mines and Minerals Act to prospect may, within the area which he may lawfully so prospect and subject to all rights which others may have to the use of water-

     (a)     abstract and use for prospecting purposes any public water to which he has lawful access;

     (b)     construct or enlarge any well or borehole in any land on which he has a right to explore or prospect, and abstract water therefrom, not exceeding 22,750 litres in any one day; and

     (c)     abstract and use any underground water encountered in any workings and construct any works required for or in connection with the use of such water.

            (3) Any person abstracting water under the provisions of this section shall comply with the directions of the Water Registrar regarding the disposal of such water as is not used.

            (4) Failure to comply with any direction given under subsection (3) shall be an offence, and the offender shall be liable to the penalties prescribed in section 37.

 

8.       Right to water for forestry purposes

 

            The holder of rights granted under the provisions of the  Forest Act to take forest produce may, within the area within which such rights may be exercised and subject to all rights which others may have to the use of water-

     (a)     abstract and use any public water to which he has lawful access, not exceeding 22,750 litres in any one day or such other quantity as may be prescribed, for logging and sawmilling operations of a temporary nature:

                      Provided that no such operation shall be deemed to be of a temporary nature unless no substantial plant is maintained in any one place for more than one year nor is intended to be so maintained;

     (b)     construct or enlarge any well or borehole and abstract water therefrom not exceeding 22,750 litres in any one day.

 

9.       Prohibition of use of water except with lawful authority

 

            (1) Subject to the foregoing provisions, no person shall divert, dam, store, abstract, use, or discharge any effluent into, public water or for any such purpose construct any works, except in accordance with a water right granted under this Act:

            Provided that nothing in this section shall prevent the continuation of existing rights to abstract and use public water, or the taking of public water for fighting fires.

            (2) Any person who diverts, dams, stores, abstracts, uses, or discharges any effluent into, public water or who, for any such purpose constructs any works except under and in accordance with the provisions of this Act or of any other written law shall be guilty of an offence and the offender shall be liable to the penalties prescribed in section 37.

 

10.     Determination of certain existing rights

 

            (1) Every existing right shall determine if the person entitled thereto fails to notify the Water Registrar in accordance with section 12 of the existence of that right before the expiration of the period allowed for notification:

            Provided that when the Water Registrar is satisfied that an existing right within the meaning of this Act exists, he may direct that such right be recorded notwithstanding that the person entitled thereto has failed to notify the Water Registrar of the existence of such right, and upon the recording thereof it shall be deemed not to have determined under the provisions of this section.

            (2) Nothing in this section shall apply to an existing right of the nature described in section 14.

 

11.     No prescriptive rights to use of water

 

            No person shall, after the commencement of this Act, acquire or be deemed to have acquired any right to divert, dam, store, abstract, use or discharge any effluent into, any public water by reason of length of use or the elapse of time.