Water Resources Management Act

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GOVERNMENTGAZETTE OF THE

REPUBLIC OF NAMIBIA N$9.25 WINDHOEK - 23 December 2004 No.3357

CONTENTS

Page

GOVERNMENT NOTICE

No. 284 Promulgation of Water Resources Management Act, 2004 (Act No. 24 of 2004), of the Parliament .

Government Notice

OFFICE OF THE PRIME MINISTER

No. 284 2004

PROMULGATION OF ACT OF PARLIAMENT

The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.

No. 24 of 2004: Water Resources Management Act, 2004.

2 Government Gazette 23 December 2004 No.3357 Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

ACT To provide for the management, development, protection, conservation, and use

of water resources; to establish the Water Advisory Council, the Water Regulatory Board and the Water Tribunal; and to provide for incidental matters.

(Signed by the President on 8December 2004)

ARRANGEMENT OF ACT

PART I PRELIMINARY PROVISIONS

Section

1. Definitions 2. Objective of Act 3. Fundamental principles 4. Ownership and management of water resources

PART II FUNCTIONS AND POWERS OF MINISTER

5. General functions and powers of Minister 6. Power of Minister to establish executive agency 7. Minister to establish Water Resources Management Agency 8. Power of Minister to declare irrigation areas and establish irrigation boards 9. Directives to water management institution 10. Delegation of powers and assignment of functions by Minister

PART III WATER ADVISORY COUNCIL

11. Water Advisory Council

PART IV BASIN MANAGEMENT COMMITTEES

12. Establishment of basin management committee 13. Functions of basin management committee 14. Basin management committee to coordinate with regional planning component in

region 15. Dissolution of basin management committee

PART V MANAGEMENT OF RURAL WATER SUPPLY

16. Water point user associations and local water user associations and their committees 17. Qualification for membership of water point user association and local water user

association and termination and suspension of membership 18. Functions of water point user association and local water user association 19. Powers of water point user association and local water user association 20. Constitution of water point user association and local water user association or 21. Registration of water point user association and local water user association or 22. Deregistration of water point user association and local water user association or,

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Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

PART VI NATIONAL WATER MASTER PLAN

23. Development of Master Plan 24. Review of Master Plan

PART VII WATER SUPPLY, ABSTRACTION AND USE

25. Safety of water supply 26. Reliability of water supply 27. Reservation of water resources 28. Abstraction of water for domestic use 29. Hand-dug well for abstraction of water for domestic use 30. Use of water supplied by bulk water supplier or local authority 31. Right to collect rainwater

PART VIII LICENCE TO ABSTRACT AND USE WATER

32. Prohibition to abstract or use water without licence 33. Application for licence to abstract and use water 34. Consideration of application for licence to abstract and use water 35. Criteria upon which licence to abstract and use water may be issued 36. Contents of licence to abstract and use water 37. Terms and conditions of licence to abstract and use water 38. Combined licence to abstract and use water and to discharge effluent 39. Duration of licence to abstract and use water 40. Renewal of licence to abstract and use water 41. Review, amendment, suspension and cancellation of licence to abstract and use

water 42. Effects of expiry or cancellation of licence to abstract and use water 43. Lease of licence to abstract and use water 44. Succession to licence to abstract and use water 45. Issuing oflicence to abstract and use water does not guarantee supply of water

PART IX CONTROL AND PROTECTION OF GROUNDWATER

46. Permit to drill borehole or to engage in borehole drilling programme 47. Duty to keep records and to provide information on drilling 48. Borehole drilling, mining and other operations 49. Blockage of access to state-owned boreholes 50. Wastage of groundwater 51. Aquifers 52. Licensing of borehole drillers and well constructors

PART X INTERNATIONALLY SHARED WATER RESOURCES

53. Internationally shared water resources 54. Powers and functions of Minister in relation to internationally shared water

resources 55. Collection of data concerning internationally shared watercourse

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PART XI WATER POLLUTION CONTROL

56. No discharge of effluent without permit 57. Exemption of certain discharge of effluents 58. No discharge from sewer without permit 59. Application for permit to discharge effluent or construct effluent treatment facility

or disposal site 60. Consideration of application for permit to discharge effluent or construct effluent

treatment facility or disposal site 61. Criteria upon which permit to discharge effluent or construct effluent treatment

facility or disposal site may be issued 62. Contents of permit to discharge effluent or construct effluent treatment facility or

disposal site 63. Terms and conditions of permit to discharge effluent or construct effluent treatment

facility or disposal site 64. Standards of effluent quality 65. Duration of permit to discharge effluent or construct effluent treatment facility or

disposal site 66. Renewal of permit to discharge effluent or construct effluent treatment facility or

disposal site 67. Review of permit to discharge effluent or construct effluent treatment facility or

disposal site 68. Transfer of permit to discharge effluent or construct effluent treatment facility or

disposal site 69. Succession to permit to discharge effluent or construct effluent treatment facility

or disposal site 70. Suspension and cancellation of permit to discharge effluent or construct effluent

treatment facility or disposal site 71. Effects of expiry or cancellation of permit to discharge effluent or construct effluent

treatment facility or disposal site

PART XII PROTECTION OF WATER RESOURCES

72. Declaration of water management area 73. Effect of declaration of water management area 74. Amendment of water management area and withdrawal of declaration of area

PART XIII WATER USE, CONSERVATION AND EFFICIENT WATER MANAGEMENT

PRACTICES

75. Development of efficient water management practices 76. Implementation of efficient water management practices 77. Transfer of conserved irrigation water

PART XIV DAM SAFETY AND FLOOD MANAGEMENT

78. Blockage of watercourse 79. Control measures for dam with safety risk 80. Responsibilities of professional engineer 81. Registration of dam with safety risk 82. Factors to be considered in declaring dam or category of dams as dam or category

of dams with safety risk 83. Exemption of owners of certain categories of dams 84. Prevention of flood risk

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PART XV WAT£R RHGULATORY BOARD

85. Establishment of Water Regulatory Board 86. Objects of Board 87. Functions and powers of Board 88. Qualification for appointment as member of Board 89. Term of office of member of Board 90. Vacation of office of member of Board and filling of casual vacancy 91. Committees of Board 92. Meetings of Board 93. Validity of decisions 94. Funds of Board 95. Accounts of Board 96. Payment of Allowances 97. Financial year of Board 98. Reports of Board 99. Chief executive officer 100. Staff of Board 101. Delegation of powers and assignment of functions by Board 102. Confidentiality 103. Rules by Board 104. Appeals against determinations of Board

PART XVI DETERMINATION OF WATER AND EFFLUENT

PRICING POLICY, AND RECOVERY OF CHARGES, FEES AND TARIFFS

105. Determination of water and effluent pricing policy 106. Recovery of water use and effluent discharge charges and fees 107. Water use and effluent discharge charges and fees are charges and fees binding on

land

PART XVII SERVITUDES

108. Acquisition of servitude 109. Rights and duties of servitude holders and landowners 110. Procedure for acquisition and amendment of servitude 111. Powers of High Court in respect of claim for servitude 112. Compensation payable for granting of servitude 1l3. Noting of servitude and amendment by endorsement against title deed 114. Cancellation of servitude 115. Joint waterworks involving servitude 116. Ownership of waterworks on land belonging to another 117. Transfer of personal servitude

PART XVIII WATER TRlBUNALAND ARBITRATION AND

MEDIATION OF DISPUTES

118. Establishment of Water Tribunal 119. Operation of Water Tribunal 120. Appeal to Water Tribunal 121. Appeal against decision of Water Tribunal 122. Water Tribunal to arbitrate certain disputes 123. Mediation of disputes

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Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

PART XIX GENERAL PROVISIONS

124. Right of entry upon or into any property for inspection, investigation, establishment of hydrographic stations, research, survey, taking of samples, or rehabilitation work or other remedial work

125. Enquiry in respect of compensation for harm, loss or damage suffered and award of damages

126. Expropriation and temporary use of property in public interest 127. Water related emergencies 128. Appointment of persons on contract 129. Lease of waterworks 130. Transfer of ownership of waterworks 131. Financial assistance 132. Offences 133. Regulations 134. State bound 135. Limitation ofliabi1ity 136. Savings and transitional provisions 137. Laws repealed or amended 138. Short title and commencement

SCHEDULE

BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:

PART I

PRELIMINARY PROVISIONS

Definitions

1. (1) In this Act, unless the context indicates otherwise -

"abstract" means the diversion, pumping or impounding of water from a water source;

"aquifer" means an underground geological formation that contains water;

"base flow" means the subsurface flow of an intermittent watercourse;

"basin" means the area from which rainfall drains into a common terminus;

"basin management committee" means a committee established under section 12;

"Board" means the Water Regulatory Board established by section 85;

"borehole" means a hole in the ground drilled to abstract groundwater or to recharge an aquifer or to make measurements in an aquifer;

"communal land" means the land inhabited by a traditional community;

"customary rights and practices" means such rights and practices in relation to water resources management and utilisation as have been exercised and practiced by any given community for years;

"dam" means a structure that can impound water or effluent;

"dam with a safety risk" means a dam that poses risk to life, property or environment;

No.3357 Government Gazette 23 December 2004 7 Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

"Deeds Registries Act" means the Deeds Registries Act, 1937 (Act No. 47 ofl937);

"domestic use" means the household use of water for drinking, cooking, washing, watering a household garden and animals, but does not include the watering of crops or livestock for commercial purposes;

"efficient water management practices" means the water management practices developed in accordance with section 75;

"effluent" means any liquid discharged as a result of domestic, commercial, industrial or agricultural activities;

"effluent treatment facility" means works constructed for the containment, treatment, evaporation or storage of effluent;

"groundwater" means any water resource found under the surface of the ground;

"internationally shared water resource" means a water resource that is shared by Namibia and its neighbouring states and other riparian states;

"licensee" means a person who holds a licence to abstract and use water issued under section 34;

"local authority" means a local authority council as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);

"local authority area" means a local authority area as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);

"local water user association" means an association registered under section 21;

"Master Plan" means the National Water Master Plan referred to in section 23;

"meteoric water" means water that occurs or is delivered from the atmosphere;

"Minister" means the Minister responsible for water;

"Ministry" means the Ministry responsible for the administration of water affairs;

"owner of a dam," includes the person in control of the dam;

"Permanent Secretary" means the Permanent Secretary of the Ministry;

"prescribed" means prescribed by a regulation, and 'prescribe' has the same meaning;

"private sewerage installation" means a privately constructed sewerage installation;

"professional engineer" means a person registered in terms of the law governing the registration of professional engineers;

"regional council" means a regional council established under section 2 of the Regional Councils Act, 1992 (Act No. 22 of 1992);

"Registration of Deeds in Rehoboth Act" means the Registration of Deeds in Rehoboth Act, 1976 (Act No. 93 of 1976);

"resource quality" means the quality of all the aspects of a water resource including -

8 Government Gazette 23 December 2004 No.3357 Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

(a) the quantity, pattern, timing, water level and assurance of stream flow;

(b) the water quality, including the physical, chemical and biological characteristics of the water;

(c) the character and condition of the stream and riparian habitat; and

(d) the characteristics, condition and distribution of the aquatic biota;

"return flow" means water that drains away after having been used;

"servitude of abutment" means the right to occupy by means of waterworks the bed or banks of a stream or another person's land adjacent to the stream;

"servitude of aqueduct" means the right to occupy another person's land by means of waterworks for abstracting or leading water or disposing of effluents;

"servitude of submersion" means the right to occupy another person's land by submerging it with water;

"sewer" means a pipe or conduit which is used for the conveyance of sewage or industrial effluents;

"task" includes a task relating to designing, constructing, altering, repairing, impounding water in, operating, evaluating the safety of, maintaining, monitoring or abandoning, a dam with a safety risk.

"this Act" includes a regulation made under section 133;

"traditional authority" means a traditional authority for a traditional community;

"traditional community" means an indigenous homogeneous, endogamous grouping of persons comprising of families deriving from exogamous clans which share a common ancestry, language, cultural heritage, customs and traditions, who recognizes a common traditional authority and inhabits a common area;

"waste", includes any solid material or material that is suspended, dissolved or transported in water, including sediment;

"wastage of water" means the excessive use of water or the failure to beneficially use abstracted water, and includes water spilled from conveyors or installations due to breakage or poor maintenance;

"Water Advisory Council" means the Water Advisory Council established by section 11;

"watercourse" means -

(a) a river or spring, and includes the base flow of an ephemeral river at the time of no visible surface flow;

(b) a natural channel in which water flows regularly or intermittently;

(c) an estuary, wetland, lake or dam into which, or from which, water flows;

(d) any collection of water which the Minister declares under section 5(2)(i) to be a watercourse,

and includes, where applicable, its bed and banks;

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Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

"water management area" means an area declared a water management area under section 72;

"water management institution" means a basin management committee, water point user association, local water user association, irrigation board or river basin organisation;

"water point" means the waterworks, including a part of the communal land in the immediate vicinity of the waterworks;

"water point committee" means a committee elected under section 16(2);

"water point user association" means an association registered under section 21 ;

"water related emergency" means an unexpected event involving water or the lack of water that poses a threat to human beings, property, a water resource or the environment so urgent that immediate corrective action is required;

"water resource," includes a watercourse, an aquifer and the sea and meteoric water;

"water source" means water from a watercourse, an aquifer or the sea, and includes meteoric water;

"waterworks", includes any borehole, well, structure, earthwork, equipment, or part thereof, installed or used for or in connection with water supply or treatment, or sewage or effluent treatment;

"well" means an artificial hole in the ground that is not made by drilling, through which water is obtained from subterranean sources.

Objective of Act

2. The objective of this Act is to ensure that Namibia's water resources are managed, developed, protected, conserved and used in ways which are consistent with or conducive to the fundamental principles set out in section 3.

Fundamental principles

3. This Act must be interpreted, and be reasonably and fairly applied, in a manner that is consistent with and promotes the following fundamental principles -

(a) equitable access to water resources by every citizen, in support of a healthy and productive life;

(b) access by every citizen, within a reasonable distance from their place of abode, to a quantity of water sufficient to maintain life, health and productive activities;

(c) essentiality of water in life, and safe drinking water a basic human right;

(d) harmonisation of human needs with environmental ecosystems and the species that depend upon them, while recognising that those ecosystems must be protected to the maximum extent;

(e) integrated planning and management of surface and underground water resources, in ways which incorporate the planning process, economic, environmental and social dimensions;

(f) openness and transparency, by making available water resources information accessible to the public;

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Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

(g) management of water resources so as to promote sustainable development;

(h) recognition of the economic value of water resources and of the need for their development to be cost-effective;

(i) furthering a process of human resources development and building of competency in water resources decision-making;

(j) facilitating and encouraging awareness programmes and participation of interested persons in decision-making;

(k) consistency of water resources decisions with firm and specific mandates from Government that separate policy making from operational and regulatory roles;

(1) prevention of water pollution, and the polluter's duty of care and liability to make good;

(m) meeting Namibia's international obligations and promoting respect for Namibia's rights with regard to internationally shared water resources and, in particular, to the abstraction of water for beneficial use and the discharge of polluting effluents; and

(n) regional diversity and decentralisation to the lowest possible level of government consistent with available capacity at such level.

Ownership and management of water resources

4. Subject to this Act -

(a) ownership of water resources in Namibia below and above the surface of the land belongs to the State; and

(b) the State must ensure that water resources are managed and used to the benefit of all people in furtherance of the objective referred to in section 2 and compatible with the fundamental principles referred to in section 3.

PART II

GENERAL FUNCTIONS AND POWERS OF MINISTER

General functions and powers of Minister

5. (I) To achieve the objective of this Act, the functions of the Minister are -

(a) to determine water resources management policies on the advice of the Water Advisory Council;

(b) to conduct water resources management planning;

(c) to participate in consultations and negotiations regarding shared water resources;

(d) to ensure adequate supply of water for domestic use;

(e) to develop and implement efficient water management practices contemplated in section 75;

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Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

(f) to compile, analyse and disseminate information for water resources management;

(g) to ensure that water resources management operates in accordance with the principles of environmental sustainability;

(h) to supervise the water management institutions;

(i) to examine and enquire into plans, specifications, estimates of costs and reports which may be submitted to him or her in connection with any proposed utilisation of water for any purpose, and to furnish advice in connection with any such plans, specifications, estimates or reports;

(j) to obtain and record information as to the extent of any land under irrigation, the quantity of water used or required for irrigation of such land, and the extent, nature or value of the crops raised thereby;

(k) to obtain and record information as to the extent of any land which could be brought under irrigation;

(1) to co-ordinate water resources management at national level;

(m) to co-ordinate and harmonise the administration and management of water resources among the local authorities; and

(n) to provide such training programmes as are necessary to implement this Act.

(2) Subject to this Act, the Minister has power to -

(a) to acquire, construct, extend, alter, maintain, repair, control and dispose of waterworks or such other works as he or she may consider necessary in the exercise of his or her powers or the performance of his or her functions in terms of or under this Act;

(b) to drill a borehole or sink a well to obtain supplies of water from underground sources, and conserve water so obtained and supply or deliver it to any person for use for any purpose without payment or upon payment of charges;

(c) to drill a borehole or sink a well for any person on the application of such person;

(d) to establish or maintain hydrologic and hydrographic stations and works and record the observations obtained thereby, and generally to obtain and record information and statistics as to hydrographic and hydrologic conditions;

(e) to inspect any waterworks and in writing to require any local authority or any other person responsible for the works to do such acts or execute such repairs or alterations the Minister may consider necessary for the protection of life or the public safety or protection of property, which in his or her opinion is or may be endangered by the existence of such works and, in default of compliance with such requirements within a reasonable time specified in the order, himself or herself to do acts or execute such repairs or alterations and to recover the cost thereof from the local authority or such person;

(f) to establish any water management institution and prescribe its powers and functions and other necessary matters connected thereto for its proper~ . .

12 Government Gazette 23 December 2004 No.3357 Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

(g) conduct such research as is necessary to implement any provision of this Act;

(h) provide financial and technical support to water management institutions; or

(i) by notice in the Gazette, declare any collection of water to be a watercourse.

Power of Minister to establish executive agency

6. For the purpose of assisting the Minister in performing the functions entrusted upon the Minister by this Act, the Minister may -

(a) establish any executive agency to perform any of such duties as the Minister may assign to it, and must appoint such persons as is necessary to perform the duties of such agency and prescribe their terms and conditions of service; or

(b) at any time, dissolve any agency established under this section.

Minister to establish Water Resources Management Agency

7. (1) The Minister must establish an executive agency under section 6 to be known as the Water Resources Management Agency.

(2) The functions of the Water Resources Management Agency, include -

(a) the integrated management of water resources in Namibia;

(b) technical analysis of applications for licences to abstract and use water and permits to discharge effiuent or to construct an effiuent treatment facility or disposal site, including applications for renewal of such licences and permits;

(c) the collection, analysis and sharing of data concerning the conservation and management of water resources in Namibia;

(d) the monitoring and review of water usage by all water users and effiuent discharges to assess compliance with this Act;

(e) technical analysis of the need for water management areas, including recommendations regarding the establishment of such areas, their geographical boundaries and any limitations to be imposed on such areas;

(f) guiding, assisting and coordinating the basin management committees; and

(g) the collection and analysis of information necessary for the development of the Master Plan and the information concerning internationally shared water resources.

Power of Minister to declare irrigation areas and establish irrigation boards

8. The Minister has power to declare an area as an irrigation area, and to establish an irrigation board for such area, and to prescribe its powers, functions, constitution, qualification of candidates for election or appointment as members, term of office of members, vacation and filling of vacancies, provisions relating to accounts, supervision, jurisdiction, procedure at meetings and elections, allowances or remunerations, making of rules by such board, assessment and payment and recovery of rates and charges, and any other matters connected and incidental thereto by notice in the

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Directives to water management institution

9. The Minister may give a written directive to a water management institution regarding the exercise of any of the institution's powers or the performance of any of the institution's functions.

Delegation of powers and assignment of functions by Minister

10. (1) The Minister. in writing and subject to such conditions as the Minister may determine, may delegate a power or assign a function conferred or imposed upon the Minister by or under this Act to -

(a) a staff member ofthe Ministry or any other ministry;

(b) the holder of an office in the Ministry or any other ministry;

(c) the Water Resources Management Agency;

(d) a water management institution; or

(e) a regional council.

(2) The Minister may not delegate the power -

(a) to make regulations;

(b) to appoint a member of the Water Tribunal; and

(c) to authorise a water management institution to use temporarily any property for public purposes under section 126.

(3) The Minister is not divested of any power or function delegated or assigned under subsection (2), and may at any time -

(a) withdraw any delegation or assignment made under that subsection; or

(b) vary or set aside any decision made under such delegation.

(4) Before delegating or assigning a power or duty to a water management institution under subsection (1)( d), the Minister must consider the capacity of the institution to exercise a power or perform a function that is to be so delegated or assigned.

(5) The Minister, in writing, may authorise any delegate contemplated in subsection (1) to further delegate any power or assign any function delegated or assigned to such delegate subject to such conditions as the Minister may determine.

PART III

WATER ADVISORY COUNCIL

Water Advisory Council

11. (1) There is established a council to be known as the Water Advisory Council to advise the Minister on matters referred to in subsection (3).

(2) The Water Advisory Council consists of -

(a) a representative from each basin management committee;

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(b) a representative from each regional council; and

(c) such representatives from water management institutions and other community based organisations,

as the Minister, having due regard to gender balance, may appoint.

(3) The Water Advisory Council must advise the Minister on -

(a) any matter on water policy development or review, water resources management, water abstraction and use and any other matters relating to water referred to it by the Minister or upon its own initiative; and

(b) water resource matters raised by any basin management committee and which the Council considers it proper to be taken up for advice.

(4) The Water Advisory Council must meet at least twice a year, and may meet at such other times as the Minister or the chairperson of the Council may determine or a majority of its members may elect to do so.

(5) The Minister must prescribe the term of office of members of the Water Advisory Council and such matters connected and incidental to the proper functioning of the Council.

PART IV

BASIN MANAGEMENT COMMITTEES

Establishment of basin management committee

12. (1) For the purpose of proper management of the water resources of the basins in Namibia, the Minister, by notice in the Gazette, upon his or her own initiative or upon application by interested persons within a basin, may establish a basin management committee and give it a name.

(2) Subject to subsections (3) and (4), the members of a basin management committee must be appointed in the prescribed manner, and the constitution of the committee and other matters necessary for the proper functioning of the committee must be as prescribed.

(3) A regional council must nominate a person for each basin management committee in its region to be appointed as member of such committee.

(4) The Minister must ensure that every basin management committee is broadly representative of all interested persons.

(5) After having established a basin management committee, the Minister must declare a water management area for the committee in accordance with section 72 within which the committee will conduct the protection, use, development, conservation, management and control of water resources.

Functions of basin management committee

13. The functions of a basin management committee are -

(a) to protect, develop, conserve, manage and control water resources within its water management area;

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WATER RESOURCES MANAGEMENT ACT, 2004Act No. 24, 2004

(b) to promote community participation in the protection, use, development, conservation, management and control of water resources in its water management area through education and other appropriate activities;

(c) to prepare a water resources plan for the basin which plan must be submitted to the Minister for consideration when developing the Master Plan in terms of section 23;

(d) to make recommendations regarding the issuance or cancellation oflicences and permits under this Act;

(e) to promote community self-reliance, including the recovery of costs for the operation and maintenance of waterworks;

(f) to facilitate Ithe establishment of an operational system and maintenance system of vfaterworks and the accessing of technical support for water management institutions within its water management area;

(g) to monitor and report on the effectiveness of policies and action in achieving sustainable management of water resources in its water management area;

(h) to collect, manage and share such data as are necessary to properly manage the basin in coordination with the Water Resources Management Agency;

(i) to develop a water research agenda, together with the Water Resources Management Agency, appropriate to the needs of water management institutions and water users within its water management area;

(j) to help resolve conflicts relating to water resources in its water management area; and

(k) to perform any such additional functions as the Minister may direct under section 9 or assign under section 10.

Basin management committee to coordinate with regional planning component in region

14. A basin management committee must co-ordinate with the regional planning component in the regional council concerned to ensure that water resources within the basin and the region are effectively managed in accordance with this Act.

Dissolution of basin management committee

15. The Minister, by notice in the Gazette, may dissolve a basin management committee if, in the Minister's opinion, it is necessary to do so -

(a) for purposes of re-organising water management institutions in its area of jurisdiction in the interests of effective water resources management; or

(b) because the circumstances which supported the establishment of the basin management committee no longer exist.

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Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

PART V

MANAGEMENT OF RURAL WATER SUPPLY

Formation of water point user associations and local water user associations and election of committees

16. (1) Any group of rural households using a particular water point for their water supply needs may form a water point user association to maintain the water point and to manage water supply services at the water point.

(2) The members of a water point user association must elect a water point committee to manage the affairs and the day to day activities of the water point user association, including financial matters.

(3) A water point committee must consist of not less than five and not more than seven members elected in accordance with its constitution and rules.

(4) A group of water point user associations and other persons using a particular rural water supply scheme for their water supply needs must form a local water user association to coordinate the activities and management of their water points and to protect the rural water supply scheme against vandalism and other damages.

(5) The members of the local water user association must elect a local water committee to manage the day to day activities of the local water user association, including financial matters.

(6) A local water committee must consist of not less than five and not more than seven members elected in accordance with its constitution and rules.

(7) A water point user association or local water user association is a non-profit making entity.

(8) Despite the provisions of any other law to the contrary, a water point user association or local water user association is not liable to pay any tax or charge on its income, or any transfer duty.

(9) Upon registration in terms of section 21, a water point user association or local water user association becomes a body corporate, a legal person with full capacity to sue and be sued in court, to contract and acquire rights and duties, and to own and dispose properties.

(lO) If rural households or water point user associations fail to form in terms of this section a water point user association or local water user association, as the case may be, the Minister may close the water point or the rural water supply scheme concerned.

(11) Before the Minister closes a water point or a rural water supply scheme under subsection (10), the Minister must give rural households or water point user associations an opportunity to make representations on the matter.

Qualification for membership of water point user association and local water user association and termination and suspension of membership

17. (1) Any rural household which regularly uses a particular water point for water supply needs qualifies for water point user association membership.

(2) A rural household may become a member of more than one water point user association if the household regularly uses more than one water point.

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Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

(3) A water point user association whose membersj and other rmunn WllQ ~l~

err waler suppL needs qualifies for membership in the local water user association concerned.

(4) A water point user association or local water user association may terminate any member's membership or suspend its member by a majority vote of the entire membership of the water point user association or local water user association on the grounds and in the manner provided in its constitution or rules.

(5) A member of a water point user association may terminate his or her membership if such member ceases to receive water supply from the water point concerned.

Functions of water point user association and local water user association

18. (1) The functions of a water point user association are -

(a) to manage water supply at its water point; and

(b) to maintain its water point and protect it against vandalism and other damages.

(2) The functions of a local water user association are -

(a) to coordinate and oversee the activities and management of water supply service by its members so as -

(i) to foster a sense of ownership among the users;

(ii) to promote economic development; and

(iii) to ensure sustainability of such service; and

(b) to protect the rural water supply scheme concerned against vandalism and other damages.

Powers of water point user association and local water user association

19. (1) Subject to this Act, the powers of a water point user association or local water user association, include -

(a) the powers contained in its constitution;

(b) the power to make rules for the use of the rural water supply scheme or water point by members and non-members;

(c) the power to prevent any person who does not comply with the rules or the constitution of a water point user association or local water user association from using such water point;

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Constitution of water point user association or local water user association

20. (1) A constitution establishing a water point user association or local water user association which may not provide anything contrary to thisAct must include, among others -

(a) qualification for membership of such association and provisions on termination or suspension of such membership;

(b) constitution of a management committee of such association;

(c) qualification for election as member of management committee of such association;

(d) term of office of member of management committee of such association;

(e) procedure and quorum at any meeting and elections;

(f) opening of banking account and keeping of books of accounts and the maintenance of financial discipline;

(g) provisions on the dissolution of such association and on what would happen with its assets after the dissolution;

(h) procedural requirements for appointment of persons as employees of such association, when the necessity to employ such persons arises;

(i) the financial obligation of members towards such association; and

(j) powers and functions of such association.

(2) The constitution of a water point user association or local water user association must first be adopted by the members and approved by the Minister before such association is registered under section 21.

(3) A constitution adopted by members of a water point user association or local water user association is binding on all its members.

Registration of water point user association or local water user association

21. (1) An application for registration as a water point user association or a local water user association must be made in the prescribed manner.

(2) A water point user association or local water user association may not deliver any service in terms of this Act without being registered with the Minister as such.

(3) Only one water point user association or local water user association may be registered for each water point or rural water supply scheme, respectively.

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(c) register the applicant, if, after considering the application, the Minister is satisfied that the applicant meets the requirements, and publish the registration in the Gazette.

Deregistration of water point user association or local water user association

22. (1) The Minister, by notice in the Gazette, may deregister a water point user association or local water user association, if the association -

(a) refuses or fails to comply with this Act or its constitution or rules, and fails to remedy the situation;

(b) if the association is no longer active or effective; or

(c) if the association requests for its deregistration on any grounds in its best interest or the public interest.

(2) Before any deregistration of a water point user association or local water user association under subsection (1), the Minister, in writing, must -

(a) inform the association of his or her intention to deregister the association, and give reasons for the deregistration; and

(b) call upon the association to show cause within a specified period why the deregistration should not be effected.

PART VI

NATIONAL WATER MASTER PLAN

Development of Master Plan

23. (1) The Minister, in cooperation with regional councils and after consultation with any interested persons, must develop a national master plan on water resources to be known as the National Water Master Plan.

(2) The Master Plan must be based upon the water resources plans prepared and submitted to the Minister by basin management committees in terms of section 13, and must include, among others -

(a) a water balance for each basin of Namibia that compares forecasted water demand with data and information regarding water availability;

(b) proposed options for meeting forecasted demand for each basin in which forecasted water demand exceeds available supply, which options may include -

(i) water demand management programmes;

(ii) necessary infrastructure construction;

(iii) desirable institutional initiatives;

(iv) inter-basin transfers of water; and

(v) any other measure, including appropriate legal reforms, which is considered necessary in achieving the objectives of the Master Plan; and

(c) the protection of water resources.

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(3) Any conflict between or among the water resources plans referred to in subsection (2) must be resolved by the Minister after consultation with the basin management committees whose plans are in conflict with one another.

(4) After the draft Master Plan is completed, the Minister must submit it to the Cabinet for approval, and then table it in the National Assembly.

Review of Master Plan

24. The Minister must review the Master Plan at least once in each successive five year period for necessary amendments, and section 23 applies to the review of the Master Plan.

PART VII

WATER SUPPLY, ABSTRACTION AND USE

Safety of water supply

25. (1) Without derogating from the provisions of any law relating to public health, the Minister responsible for health must ensure that the water supply is healthy and safe for all Namibians.

(2) For the purposes of health and safe water supply under this Act, the Minister must assist the Minister responsible for health in -

(a) the development of standards of healthy and safe water supply, including maximum levels of concentration of waterborne contaminants;

(b) the development and maintenance of the capacity to test, monitor and verify the quality of any water supply;

(c) the establishment and maintenance of such laboratories as are necessary to assure the quality of any water supply, including the development of certification and licensing requirements for water laboratory technicians; and

(d) the development of criteria for the quality of recycled water which ensure that such water is safe and suitable for its intended use.

Reliability of water supply

26. (1) The Minister must ensure that all Namibians are provided with an affordable and a reliable water supply that is adequate for basic human needs.

(2) For the purposes of ensuring the adequacy, affordability and reliability of water supply, the Minister must -

(a) develop reliable standards of performance and facilities that are applicable to any person who supplies water for domestic, commercial, industrial or agricultural use;

(b) periodically review the performance of every person who supplies water for domestic, commercial, industrial or agricultural use to evaluate compliance with the standards of performance developed pursuant to subparagraph (a);

(c) take corrective action with regard to any water supplier who fails to meet a ,~-~ -' __ .--1 ~+ ~a.-+ArIT\"nrp that mav include _

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(i) the secondment of managerial or technical personnel:

(ii) the repair or replacement of water supply works; or

(iii) the amendment, suspension or cancellation of any relevant licence to abstract and use water, and

(d) establish an administrative mechanism that will enable water users to be heard regarding the adequacy and reliability of their water supply.

(3) If the Minister incurs any expense in taking any corrective action under subsection (2)( c), the Minister may recover any loss from the water supplier.

Reservation of water resources

27. (I) The Minister, with the concurrence of the regional councils concerned, may in the prescribed manner reserve part or all of the flow of a watercourse, including any groundwater resource and the water stored in a public reservoir to -

(a) meet the domestic use ofthe water users concerned; and

(b) reasonably protect aquatic and wetland ecosystems, including their biological diversity, and to maintain essential ecosystem functions.

(2) Any water resource reserved under subsection (I) must be taken into account lll-

(a) the licensing of water abstractions under sections 34; and

(b) the permitting of effluent discharges under section 60;

(3) The Minister may allow the use of a reserved water resource if such use is compatible with the purposes of the reserve.

Abstraction of water for domestic use

28. (I) Subject to subsection (3), a person who abstracts water from a water resource for domestic use is exempted from the acquisition of a licence to abstract and use water.

(2) A person may abstract and use water for domestic use, subject only to such public health limitations and environmental limitations, and limitations imposed from time to time for purposes of efficient water management practices.

(3) Subsection (1) does not apply to a person who abstracts water in bulk from a water resource and supplies it to others for domestic use.

Hand-dug weD for abstraction of water for domestic use

29. A person who digs a well by hand outside a local authority area or water management area to abstract water for domestic use is exempted from the licence requirements of this Act.

Use of water supplied by bulk water supplier or local authority

30. A person who receives water from a bulk water supplier or a local authority acting under a licence issued under this Act may use such water without a licence.

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Right to collect meteoric water

31. A person has the right to collect meteoric water collected on his or her own land or the cornmunalland for domestic use.

PART VIII

LICENCE TO ABSTRACT AND USE WATER

Prohibition to abstract or use water without licence

32. (1) Unless this Act provides otherwise, a person may not abstract or use water, except in accordance with a licence issued under this Act.

(2) In this Part, "abstract water", includes the abstraction of brackish or marine water for any purpose.

Application for licence to abstract and use water

33. (1) A person who wishes to abstract and use water may apply to the Minister for a licence to abstract and use water in the prescribed manner and form, which application must include -

(a) the name of the applicant;

(b) the water resource from which the proposed abstraction will be made;

(c) the proposed location of the abstraction;

(d) the type and location of the proposed beneficial use;

(e) the names of owner and occupier of the land upon which the proposed beneficial use will be made;

(1) the proposed rate and volume ofthe abstraction;

(g) the proposed timing of the abstraction;

(h) a description of any waterworks necessary to accomplish the proposed abstraction and put the abstracted water to beneficial use and a proposed schedule for the completion of such waterworks;

(i) a description of the proposed treatment that will be given to the abstracted water, including any chemicals proposed to be applied to the water;

(j) a description of the volume, rate and chemical composition of any effluent or return flow resulting from application of the abstracted water to beneficial use and a description of the location that any such effluent or return flow is expected to enter a water resource; and

(k) any additional information the Minister may prescribe.

(2) An applicant for a licence to abstract and use water must, at least 60 days before he or she submits the application to the Minister, issue a notice in the Gazette -

(a) inviting all interested persons to submit their objections in writing, if any; and

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(b) stating the place at and period within which objections are to be submitted, which period may not be less than 30 days.

(3) An application for a licence to abstract and use water must be accompanied by -

(a) proof of publication of the notice referred to in subsection (2), and all the objections, if any;

(b) the prescribed fee; and

(c) an environmental impact analysis ofthe proposed abstraction of water upon the environment and existing water users and water resources.

Consideration of application for licence to abstract and use water

34. (I) Upon receipt of an application referred to in section 33( I), the Minister must-

(a) refer the application to the basin management committee concerned for investigation and recommendations; or

(b) apply subsection (2)( a), (b) and (c), and make a decision, ifthere is no basin management committee established for the area concerned.

(2) Upon receipt of an application referred to it in terms of subsection (1)(b), a basin management committee must -

(a) investigate all matters pertaining to the application;

(b) consider objections, if any;

(c) give the applicant an opportunity to make representations in support of his or her application in case of any objection; and

(d) make recommendations to the Minister.

(3) After considering -

(a) any recommendations of the basin management committee, if applicable;

(b) the objections by interested persons, if any;

(c) the representations of the applicant, if any;

(d) the environmental impact analysis; and

(e) the compliance with the criteria referred to in section 35(1),

the Minister may grant the application to abstract water, with or without conditions, or deny the application.

(4) A person who wishes to appeal against the decision of the Minister regarding an application for licence to abstract and use water may file a notice of appeal to the Water Tribunal within 14 days of the decision.

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Criteria upon which licence to abstract and use water may be issued

35. (1) In deciding whether a licence to abstract and use water should be issued, the Minister must consider the following criteria -

(a) whether the proposed abstraction and use of water are consistent with -

(i) the objectives and principles referred to in sections 2 and 3, respectively;

(ii) the Master Plan; and

(iii) any reservation of water made under section 27;

(b) the impact of the proposed abstraction upon existing water users, water resources and the water reserved or allocated for environmental uses;

(c) the safe yield of the aquifer from which the abstraction is proposed, if the application is for the abstraction of groundwater;

(d) the conformity of the proposed use with the efficient water management practices;

(e) the need to redress the effects of past racial and gender discrimination;

(f) the likely effect ofthe proposed abstraction-

(i) on the quality of any water resource, and on aquatic ecosystems dependent on the resource;

(ii) on Namibia's international obligations relating to internationally shared waters;

(g) the need to ensure the efficient and beneficial use of water resources;

(h) the existence of any traditional community and the extent of customary rights and practices in, or dependent upon, the water resource to which an application for the licence relates; and

(i) any additional criteria the Minister may prescribe.

(2) If the application for a licence to abstract and use water relates to a shared watercourse, the Minister, in addition to the criteria referred to in subsection (1), must consider the following matters -

(a) the volume of water abstracted and used by all concerned persons or communities;

(b) the nature of the uses dependent on the watercourse, including the economic and cultural value of the use;

(c) the number of persons relying upon the watercourse for domestic, agricultural or commercial purposes;

(d) the date on which the abstractions of water from the watercourse commences;

(e) the availability and reliability of alternative sources of water to support existing uses; and

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(f) the increases in demand for water from the watercourse reasonably expected to occur in the foreseeable future.

(3) The Minister may issue more than one licence to abstract and use water from one water resource, subject to such terms and conditions as will enable concurrent use of the same resource by the applicants.

Contents of licence to abstract and use water

36. (1) A licence to abstract and use water must specify -

(a) the duration of the licence;

(b) the location of the abstraction and location of the use;

(c) the water use or uses for which it is granted;

(d) the person to whom it is granted;

(e) the conditions subject to which it is granted;

(1) the frequency of review of the licence under section 41 ;

(g) the fact that the licence is subject to periodic review and to suspension, amendment or cancellation in accordance with this Act; and

(h) any other prescribed matters.

Terms and conditions of licence to abstract and use water

37. A licence to abstract and use water is issued subject to -

(a) the achievement of the goals and objectives of the Master Plan;

(b) the protection of the environment and water resource from which the abstraction will be made, the stream flow regime, and other existing and potential use of the water resource, including uses by virtue of customary rights and practices, by -

(i) setting out the specific volume of water or percentage of flow which may be abstracted;

(ii) setting out the rate of abstraction;

(iii) specifying the place where water may be abstracted;

(iv) specifying the times when water may be abstracted and used, or not used;

(v) limiting the volume of water which may be impounded and stored;

(vi) specifying locations where a watercourse may be impounded and where water would be stored;

(vii) requiring the licensee to become a member of a local water user's association, where appropriate, before water may be abstracted; and

26 Government Gazette 23 December 2004 No.3357 Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

(viii) adding any such terms regarding protection of the water resource, the stream flow regime or existing or potential uses of the water resource which the Minister determines to be appropriate.

(c) proper water management, by -

(i) specifying efficient water management practices and general requirements for any water use, including water conservation measures;

(ii) requiring monitoring, analysis and reporting by the licensee on every water use dependent upon the licence, including bulk uses or local authority uses, by specifying the aspects of water use to be monitored and reported, and the devices to be used for such monitoring;

(iii) requiring the preparation and approval of a water management plan;

(iv) requiring the payment of water use charges;

(v) requiring the licensee to make water available to any person specified in the licence; and

(vi) adding any such tenns regarding proper water management which the Minister determines to be appropriate;

(d) the proper discharge or disposal of any return flow or effluent, by -

(i) specifying the water resource to which and the manner in which return flow or effluent must be returned or disposed of;

(ii) specifying permissible levels for some or all of the chemical or physical components of the return flow or effluent;

(iii) specifying the treatment to which the return flow or effluent must be subjected, before it is returned or disposed of;

(iv) specifying the volume and rate of discharge of return flow or effluent which may be returned or disposed of; and

(v) adding such terms regarding discharge or disposal of excess flow or effluent which the Minister determines to be appropriate; and

(e) the accommodation of reasonable requirements of any traditional community.

Combined licence to abstract and use water and to discharge effluent

38. (1) A licence containing terms and conditions referred to in section 37 may be issued as a combined licence to abstract and use water and to discharge effluent.

(2) A person in possession of a combined licence referred to in subsection (1) does not require a separate effluent discharge permit referred to in section 60.

Duration of licence to abstract and use water

39. Subject to sections 40 and 41, a licence to abstract and use water may be granted for a term not exceeding five years.

No.3357 Government Gazette 23 December 2004 27 Act No. 24, 2004 WATER RESOURCES MANAGEMENT ACT, 2004

Renewal of licence to abstract and use water

40. (1) A licence to abstract and use water issued under section 34(3) may be renewed at least three months prior to its expiry, if the licensee submits an application for renewal to the Minister in the prescribed manner.

(2) When considering an application for renewal made under subsection (1), the Minister must consider the application using -

(a) section 35 criteria; and

(b) section 61 criteria, in the case of a combined licence referred to in section 38.

Review, amendment, suspension and cancellation of licence to abstract and use water

41. (1) Subject to subsection (3), the Minister, at any time during the term of duration of any licence issued under this Act, may review such licence and, pursuant to such review, may amend the terms or conditions thereof, or suspend or cancel such licence, if it is in the public interest to do so.

(2) Subject to subsection (3), the Minister may suspend or cancel a licence to abstract and use water, in whole or in part, if the licensee -

(a) fails to abide by any of the terms or conditions of the licence;

(b) fails to commence the abstraction of water within the period specified in the terms and conditions of such licence; or

(c) having commenced with the abstraction of water, ceases the abstraction for a continuous period of three years.

(3) Before the Minister amends, suspends or cancels any licence under subsection (1) or (2), the Minister must invite the licensee to make representations in respect of the proposed amendment, suspension or cancellation.

Effects of expiry or cancellation of licence to abstract and use water

42. If a licence to abstract and use water expires and is not renewed, or is cancelled, the Minister may -

(a) require the licensee, at the licensee's expense, to remove any liens or other restrictions preventing the free use of the abstraction works;

(b) order the licensee to restore, at the licensee's expense, the state of affairs which existed before a licence was issued, if doing so is reasonable and practicable under the circumstances; or

(c) enter into an arrangement with the licensee or any other person for maintenance of the impoundment, abstraction or effiuent discharge works.

Lease of licence to abstract and use water

43. (1) A licensee may lease his or her licence to another person for a period not exceeding six months, after having given a 30 days' notice to the Minister.

(2) A licensee may only lease his or her licence to another person for a period longer than the period referred to in subsection (J"\ ;f' ~••~J.. 1 •

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(3) An application for approval of the leasing of a licence under subsection (2) must be submitted to the Minister for consideration in terms of subsection (4).

(4) Upon receipt of an application for approval of the leasing of a licence, the Minister must consider -

(a) whether the terms and conditions of the proposed lease is consistent with the terms and conditions of the licence; and

(b) any deviation from the terms and conditions of the licence that may impact adversely upon other persons and the environment.

(5) The Minister, within 60 days of receipt of the application for approval of the leasing of a licence, may grant the application, with or without conditions, or deny the application.

Succession to licence to abstract and use water

44. A licence passes on to the named licensee as a successor-in-title at death or transfer, but such passage does not extend the term of the licence.

Issuing of licence to abstract and use water does not guarantee supply of water

45. (I) The issuing of a licence may not be construed as a guarantee, express or implied, of supply of water.

(2) The State is not liable if a licensee fails to get enough supply of water, in whole or in part, as a result of drought or any other cause beyond the control of the State.

PART IX

CONTROL AND PROTECTION OF GROUNDWATER

Permit to drill borehole or to engage in borehole drilling programme

46. (1) Aperson may not drill, construct, enlarge or otherwise alter a borehole, or engage in a borehole drilling programme, for the purpose of exploring for groundwater, except in accordance with a permit issued under subsection (4).

(2) A person who wants to drill, construct, enlarge or alter a borehole, or engage in a borehole drilling programme for exploring for groundwater, may apply to the Minister for a permit to drill a borehole or to engage in a borehole drilling programme in the prescribed manner.

(3) Upon receipt of the application for a permit referred to in subsection (2), the Minister must consider, among others -

(a) the safe yield of the aquifer from which the abstraction of water is proposed to be made;

(b) the conformity of the proposed use with the efficient water management practices; and

(c) the existence of any traditional community and the extent of customary rights and practices in, or dependent upon the water resource to which the application relates.

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(4) After considering the application in terms of subsection (3), the Minister may issue the permit to drill a borehole or to engage in a borehole drilling programme subject to the prescribed terms and conditions, and such other conditions as the Minister may determine.

(5) Sections 40, 41, 42, 43 and 44 apply,with necessary changes, to a permit to drill a borehole or to engage in a borehole drilling programme issued under this section in relation to the renewal, review, transfer, succession, suspension and cancellation of such permit.

Duty to keep records and to provide information on drilling

47. If the holder of a permit issued under section 46(4) or, where such holder has contracted another person to drill a borehole, or to do other related operations on such holder's own land or on the land of another, the holder or contractor must -

(a) keep such records of the drillings and other operations carried out; and

(b) furnish the Minister with information on the findings of such drillings or operations.

Borehole drilling, mining and other operations

48. (1) Despite any other law to the contrary, a person who proposes to drill a new borehole, or to improve any existing borehole, for the purpose of searching for or extracting minerals or other substances, or for road construction or any other purposes other than exploring for groundwater must -

(a) inform the Minister of such proposal;

(b) furnish the Minister with such data and information as the Minister may require in connection with such borehole drilling or improvement; and

(c) take such measures as may be required by the Minister for conserving and protecting groundwater.

(2) Any excess water collected as a result of any operation contemplated in subsection (l) must be disposed of as prescribed.

Blockage of access to state-owned boreholes

49. (1) A person may not block or impede access to a state-owned borehole which is meant for public use.

(2) The Minister or water point committee concerned may summarily remove any blockage or impediment referred to in subsection (1).

(3) The costs of removing any blockage or impediment under subsection (2) is recoverable from any person responsible for the blockage or impediment.

Wastage of groundwater

50. A person may not cause or allow any groundwater to run to waste from any borehole, except -

(a) for the purposes of testing the extent or quality of the supply, or cleaning, sterilising, examining or repairing the borehole; or

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(b) if such water interferes or threatens to interfere with the execution of any underground mining operations or any other underground works, and no other method of disposing of such water is reasonably practicable.

Aquifers

51. (l) The Minister has power -

(a) to determine the safe yield of any aquifer for the purpose of guiding determinations concerning the abstraction and use of water from the aquifer;

(b) to require that an aquifer be used on a sustainable basis, including restricting abstractions so that they do not, individually or collectively, exceed the safe yield of the aquifer;

(c) to impose special requirements and restrictions with respect to artesian wells, for the purpose of preventing wastage or contamination of water, or loss of artesian pressure; and

(d) to carry out programmes for the recharge of aquifers.

(2) For the purposes of this section, "safe yield" means the amount of water which may be abstracted from an aquifer at a rate that will not reduce the supply to such an extent as would render such abstraction harmful to the aquifer, quality of the water or environment.

Licensing of borehole drillers and well constructors

52. (1) A person may not engage in the trade of drilling boreholes or constructing wells unless such person is a licensed borehole driller or well constructor in terms of subsection (2).

(2) The Minister on application made to him or her in the prescribed manner, and after having satisfied himself or herself that the applicant meets the requirements contemplated in subsection (3) must issue the applicant with a licence as a borehole driller or well constructor.

(3) The Minister must prescribe requirements, including professional qualifications, terms and conditions that should be complied with by any person wishing to be issued with a licence as borehole driller or well constructor under subsection (2), and circumstances under which a licence may be cancelled or suspended.

PART X

INTERNATIONALLY SHARED WATER RESOURCES

Internationally shared water resources

53. In its dealings with neighboring states and other riparian states in relation to internationally shared water resources, the Republic of Namibia -

(a) exercises its rights, and observes and complies with all its duties as conferred and imposed upon it by any international treaty, convention or agreement to which it is a signatory; and

(b) must uphold such principles and rules of customary intemationallaw as are accepted and observed by all nations and as are reflected in -

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(i) the United Nations Convention on the Law of the Non-Navigational Uses ofInternational Watercourses; and

(ii) the Southern African Development Community Protocol on Shared Water Courses.

Powers and functions of Minister in relation to internationally shared water resources

54. The powers and functions of the Minister in relation to internationally shared water resources are -

(a) to participate with riparian states in the establishment and continuous development of a common database regarding the description and use of shared water resources;

(b) to engage in the joint management, planning and development of joint projects with other basin states within the Southern Africa Development Community for the purpose of promoting economic growth, environmental integrity and common understanding;

(c) to establish and promote institutional relationships between river basin organisations within Namibia and international river basin organisations;

(d) to ensure the participation of interested persons in the development of Namibia's position concerning internationally shared water resources;

(e) to develop and improve Namibia's capacity for participation in shared water resource consultations and international river basin organisations; and

(f) to establish mechanisms, or participate in the re-establishment of mechanisms, for the prevention, management and resolution of disputes relating to internationally shared water resources.

Collection of data concerning internationally shared watercourses

55. In performing his or her functions with respect to internationally shared watercourses, the Minister must collect and analyse data including, among others -

(a) the volume of water abstracted and beneficially used within Namibia from each shared watercourse;

(b) the nature of the beneficial uses within Namibia supported by each shared watercourse, including the economic value of the uses;

(c) the number of persons within Namibia who rely upon each shared watercourse for domestic, agricultural or industrial purposes;

(d) the relevant date or dates upon which the abstraction of water from each shared watercourse for beneficial use within Namibia commenced;

(e) the availability and reliability of alternative sources of water to support existing beneficial uses within Namibia if abstractions from a shared watercourse are curtailed;

(f) the increases in demand for water from each shared watercourse reasonably expected to occur within Namibia in the foreseeable future;

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(g) the volume and composition of waste discharged from within Namibia into each shared watercourse;

(h) the relevant date or dates upon which the discharge into each shared watercourse commenced;

(i) the estimated wasteload capacity of each shared watercourse;

(j) the availability and reliability of alternative means of waste disposal within Namibia if discharges into a shared watercourse are curtailed; and

(k) the increases in demand for the waste load carrying capacity of each shared watercourse reasonably expected to occur in Namibia in the foreseeable future.

PART XI

WATER POLLUTION CONTROL

No discharge of effluent without permit

56. Except as otherwise provided in this Part, a person may not -

(a) discharge any effluent directly or indirectly to any water resource on or under the ground, including through a borehole; or

(b) construct any effluent treatment facility or disposal site above any aquifer,

unless the discharge of effluent or construction of the treatment facility or disposal site is in compliance with a permit issued under section 60.

Exemption of certain discharge of effluents

57. (1) The Minister, on application made to him or her, may exempt-

(a) any person who discharges effluents from any septic tank, french drain or similar private sewerage facility for the disposal of household waste to any watercourse or groundwater from the application of section 56;

(b) with or without conditions, certain discharge of effluents from the application of section 56 by reference to volume or composition of the effluent or type of use.

(2) The Minister may withdraw any exemption contemplated in subsection (l), or amend such exemption by imposing new or further conditions, or by withdrawing certain conditions.

No discharge from sewer without permit

58. A person may not discharge effluent from a sewer directly to any water resource on or under the ground, including through a borehole, unless the discharge is in compliance with a permit issued under section 60.

Application for permit to discharge effluent or construct effluent treatment facility or disposal site

59. (l) A person who wishes to apply for a permit to discharge effluent or to '-- -< ~- ~m..o~t trp