WATER RESOURCES BILL 2006
2008 Water Resources Management No.31









SAMOA
Arrangement of Provisions
PART I
PRELIMINARY

1. Short title and
commencement
2. Interpretation
3. Act to bind the State

PART II
PRINCIPLES OF
SUSTAINABLE
MANAGEMENT

4. Water resources to be
managed on a sustainable
basis
5. Application of the
precautionary principle

PART III
RIGHTS TO CONTROL AND
MANAGE THE WATER
RESOURCE

6. State control of water
resources
7. The rights of State Utilities
and Independent Water
Schemes
8. Rights of the Fire Service to
access and use water for fire
prevention and response

PART IV
POWERS OF THE
MINISTRY OVER THE
WATER RESOURCE

9. Objectives of water resource
management
10. Powers of the Minister
11. Offences against this Part

PART V
REGULATING THE TAKING
OF WATER

12. Licences and permits to take
water
13. Requests for a review of a
decision
14. Environment and health
standards applying to water
15. Offences against this Part

PART VI
SAMOA WATER
RESOURCES BOARD

16. The Samoa Water Resources
Board
17. Functions and Powers of the
Board




2 Water Resources Management 2008, No.31
PART VII
SAMOA WATER RESOURCE
MANAGEMENT PLAN

18. Elements of the Samoa
Water Resource
Management Plan
19. Environment Impact
Assessments, Planning
Schemes and other plans to
be consistent with the Plan

PART VIII
WATERSHED
MANAGEMENT

20. Interpretation in this Part
21. Functions of the Board in
relation to watershed
management
22. Powers of the Board in
relation to watershed
management
23. Preparation of a watershed
management plan
24. Contents of plans
25. Process of Plan Preparation
26. Finalisation of a watershed
management plan
27. Publication of a plan
28. Variation of a plan
29. Reserves and Closed Areas
30. Offence to breach a
management plan
31. Responsibilities of officers,
etc
32. Powers of Government
agencies etc
PART IX
COMMUNITY
INVOLVEMENT IN WATER
MANAGEMENT

33. Village and community
by-laws
34. Other community based
programs and initiatives
PART X
POWERS TO MONITOR
AND ENFORCE
35. Appointment of authorised
officers
36. Powers of authorised officers
37. Precautionary Notice
38. Notice to cease an activity
39. Offences and penalties
related to notices
40. Prosecution of offences
41. Requirement to provide
information, data etc.
PART XI
MISCELLANEOUS
PROVISIONS

42. General offences
43. Fees
44. Protection of persons
performing duties under this
Act
45. Regulations
46. Emergency Regulations
47. Savings provisions
48. Repeals and consequential
amendments

__________





2008, No.31 Water Resources Management 3

2008, No. 31

AN ACT to provide for the management, protection and
conservation of the water resources of Samoa.
[5th
November 2008]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:
PART I
PRELIMINARY
1. Short title and commencement-(1) This Act may be
cited as the Water Resources Management Act 2008.
(2) This Act shall commence on a date set by the Minister
by the publication of a notice to that effect in the Savali.

2. Interpretation - In this Act, unless the context otherwise
requires -
“abstract” and “abstraction” means the taking of water from
a water source;
“aquifer” means any naturally occurring underground
source of freshwater;
“Board” means the Samoa Water Resources Board
established under section 16;
“by-law” means a by-law made under section 33;
“Chief Executive Officer” means the Chief Executive
Officer of the Ministry of Natural Resources and
Environment;
“discharge” means to throw, place, put, pump, allow, pour,
permit or otherwise cause any pollutant to enter or affect
the water resource, either directly, indirectly or through
run-off;
“Electric Power Corporation” means the Electric Power
Corporation established by the Electric Power
Corporation Act 1980, and includes any body that might
later assume the role of that Corporation under law;

4 Water Resources Management 2008, No.31

“Fire and Emergency Service” means the Samoa Fire and
Emergency Services Authority established under the
Fire and Emergency Service Act 2007;
“groundwater” means water naturally stored or flowing
beneath the surface of the ground and which is not
apparent on the surface of the ground;
“Independent Water Scheme” means –
(a) a Water Supply Committee originally established
under the Water Act 1965 or any other law; or
(b) an Independent Water Scheme registered under this
Act –
which continues to provide a water supply to any village or
community in Samoa.
“lens” means an underground sheet of freshwater suspended
above saline water;
“Minister” means the Minister of Natural Resources and
Environment;
“Ministry” means the Ministry of Natural Resources and
Environment;
“overdraft” means the abstraction of water within a
particular geographic area at such a rate or in such a
quantity that the abstraction exceeds the rate of recharge
of the groundwater aquifer or other water source from
which the water is abstracted;
“pollutant” means any liquid, gaseous or solid substance
that contaminates the water so as to change the physical
or chemical condition of it in such a manner as to make
the water unclean, noxious, offensive or impure, or so as
to be detrimental to the health, safety or welfare or
persons using, consuming or residing in the vicinity of
the water;
“safe yield” means the abstraction of water from a water
source at a rate and in an amount so as not to cause an
overdraft from that source;
“Water Authority” means the Samoa Water Authority
established under the Samoa Water Authority Act 2003,
and includes any body that might later assume the role
of the Samoa Water Authority under law;

2008, No.31 Water Resources Management 5

“Water” includes any river, stream, watercourse, reservoir,
well, bore, tank, dam, channel, lake, swamp and all
ground water;
“water resource” means the surface and ground waters in
aquifers, lakes, falls, rivers, streams, springs and
watershed or water catchment areas under the control of
the Ministry in accordance with this Act, and includes
water in coastal areas where freshwater accumulates or
discharges and is mixed with seawater;
“watershed” means any area of land that a river system
drains through, and which is determined to be a
watershed by the Board, and includes all watershed
areas saved by section 42;
“water source” includes all sources of water from lakes,
rivers, streams, wells, aquifers, streams, springs and any
other source of freshwater within Samoa which is or
may be used for water supply purposes.

3. Act to bind the State - This Act shall bind the State.

PART II
PRINCIPLES OF SUSTAINABLE MANAGEMENT

4. Water resources to be managed on a sustainable
basis-(1) For the purposes of this Part -
“sustainable development” means promoting development
at a rate and in such a way as to ensure that the quality
of the environment and the supply of resources is
maintained and, wherever practicable, enhanced to
meet the needs of the present generation without
compromising the needs of future generations.
(2) The Ministry shall ensure that the principles of
sustainable development are applied to the management and
development of the water resource.
(3) The principles of sustainable development are to be
applied to the conservation and management of the water
resource by –


6 Water Resources Management 2008, No.31

(a) the formulation, approval and application of policies
and programmes which are based on those
principles; and
(b) the declaration and effective management of
protected and closed areas, watershed
management areas and water reserves and
easements.

5. Application of the precautionary principle-(1) All
persons and agencies having responsibilities under this Act, or
whose functions and powers may relate to any matter or thing
involving the management of water resources in Samoa, or the
regulation, control, or management of any substance, matter or
thing which may adversely impact upon Samoa’s water
resources, shall apply the precautionary approach when
discharging their responsibilities and functions, or exercising
their powers.
(2) To clarify the application of subsection (1), the
precautionary approach is applied if, in the event of a threat of
damage to Samoa’s water resources or to the environment of
Samoa, or a risk to human health in Samoa, a lack of full
scientific certainty regarding the extent of adverse effects is not
used as a reason for not acting to prevent or minimise the
potential adverse effects or risks arising in any way from a
matter or thing regulated under any law.

PART III
RIGHTS TO CONTROL AND MANAGE THE
WATER RESOURCE

6. State control of water resources-(1) The sole right to
permit the use of water in lakes, falls, rivers, streams, springs
and aquifers in Samoa for the purpose of supplying water for
domestic, agricultural, pastoral, industrial or commercial uses,
or for the purpose of generating or storing electricity or other
power, and to otherwise manage and control such waters,
remains vested in the Government.


2008, No.31 Water Resources Management 7

(2) The granting of rights to take or use water referred to in
subsection (1) may only be done in accordance with the
provisions of this Act.
(3) The powers of the Government under this section are to
be exercised in a manner which takes account of the rights of
use of the water resource recognised in the Samoa Water
Resource Management Plan as provided for in section 12 (7),
and the local management of water sources in accordance with
by-laws made under section 33.
(4) Nothing in this Act affects any rights of customary
ownership of land in Samoa, and no action may be taken under
this Act to deprive existing rights to land and resources held in
accordance with the customs and traditions of Samoa.
(5) The regulatory controls exercised by government under
the authority of this Act shall be applied so as to ensure that the
benefits of the water resources of Samoa are maximised and
enjoyed fairly by all persons having needs of water.

7. The rights of State Utilities and Independent Water
Schemes-(1) The Samoa Water Authority, Independent Water
Schemes and the Electric Power Corporation shall be entitled to
take and use water for the discharge of their respective
functions, but shall comply with any conditions, procedures,
restriction or controls imposed in the exercise of powers under
this Act.
(2) The Ministry shall have the right to use the water
resource for any purpose associated with the protection or
management of the environment, where such use is consistent
with the Samoa Water Resource Management Plan.
(3) The Ministry shall recognise the rights of individuals
and communities to access water for the purposes of supplying
water to meet the needs of those individuals and communities,
and the provisions of this Act shall be applied accordingly.

8. Rights of the Fire Service to access and use water for
fire prevention and response-(1) The Fire and Emergency
Service may take water from any water source for the purpose
of controlling or extinguishing fires which threaten human life
or property.

8 Water Resources Management 2008, No.31

(2) The use of water from water sources by the Fire and
Emergency Service for activities relating to fire prevention shall
be undertaken in accordance with the Samoa Water Resource
Management Plan.
(3) The Fire and Emergency Service may take any action
necessary and consistent with the Fire and Emergency Service
Act 2007 to protect water sources from the effects of fire.

PART IV
POWERS OF THE MINISTRY OVER
THE WATER RESOURCE

9. Objectives of water resource management - The
Ministry shall implement this Act and manage the water
resource so as to achieve the following objectives -
(a) the sustainable management of the water resource
through coordinated and scientifically sound
planning of water resource development and
regulated water utilisation for all lawful
purposes;
(b) the avoidance of overdrafts of available water
supplies through the establishment of an
inventory of water resources and the effective
monitoring of water levels;
(c) the improvement of the chemical, physical and
biological integrity of the water resource by -
(i) regular monitoring of water quality;
(ii) promoting coordination amongst all
agencies of government having roles and
functions associated with the testing and
monitoring of water quality and supply;
(iii) recording the results of monitoring
and maintaining records of other matters
associated with the management of the water
resource; and
(iv) the control of pollutant discharges;
and

2008, No.31 Water Resources Management 9

(d) assisting with the proper assessment of the impacts
of proposed developments on the water resource,
and facilitating the implementation of effective
urban and rural planning regimes that take
account of water supply and water quality issues.

10. Powers of the Minister-(1) In order to meet the
objectives stated in section 9, the Minister shall have the power
to -
(a) consider applications for the taking and use of water
in accordance with Part V;
(b) give approvals, and to vary and revoke any approval,
in accordance with Part V;
(c) consider competing claims for the taking and use of
water and make determinations in relation to
disputes between water users, such
determinations being binding and final on the
parties competing for the use of water;
(d) place restrictions on the right to take or use water,
either in relation to particular users or so as to
apply generally, if circumstances require that
water conservation measures be imposed;
(e) set standards applying to any activity or equipment
associated with the taking of water or the
utilisation of the water resource, and regulate or
prohibit any such activity or the use of any such
equipment;
(f) declare any area to be a water source protection zone
on the recommendation of the Board, and
determine that the designated area shall be
managed in accordance with a management plan
approved by the Board to apply to the water
source protection zone;
(g) otherwise regulate and control the utilisation of the
water resource, and any activity that may effect
the quality of water or the quantity of water
supply;

10 Water Resources Management 2008, No.31

(h) direct that notices be given to persons to cease
activities or practices having a detrimental affect
on the quality of water or the quantity of the
water resource, which may require the removal
of any structure or thing having such an impact;
(i) arrange for the removal of any structure or thing not
having been removed in accordance with a notice
given under paragraph (h), and to recover the
cost from the person in default; and
(j) require that certain matters relating to the water
resource be considered in the assessment of
environmental impacts of proposed
developments required under the Environment
Impact Assessment requirements applying under
the Planning and Urban Management Act 2004,
and any other applicable law.
(2) The Minister may, by written notice, require any person
who has drilled any borehole or who has been taking water prior
to the commencement of this Act to comply with any
requirement imposed by this Act and by the Minister under
subsection (1), and the written notice delivered to that person
shall state a date by which compliance is to be achieved.
(3) The powers of the Minister under this section may be
exercised –
(a) by the making of written determinations and orders
under the hand of the Minister; or
(b) in accordance with Regulations made under this Act
to give effect to the objectives stated in section 9,
and to facilitate the exercise of the powers
conferred by this section.
(4) Any regulations made under subsection (3) may
prescribe offences and impose penalties for the breach of such
offences being fines not exceeding 100 penalty units, or to a
term of imprisonment not exceeding one (1) year, or to both
such fine and imprisonment.
(5) The Minister may delegate, by instrument in writing, any
of the powers provided for by this section to the Chief
Executive Officer or any other officer of the Ministry.

2008, No.31 Water Resources Management 11

11. Offences against this Part - Any person who -
(a) fails to comply with a determination made by the
Minister under section 10(1)(c) in relation to
competing uses of the water resource;
(b) fails to comply with any restriction placed by the
Minister under section 10(1)(d);
(c) fails to comply with any standard set under section
10(1)(e) while undertaking any activity or using
any equipment associated with the taking of
water;
(d) unlawfully undertakes any activity or uses any
equipment which has been regulated or
prohibited under section 10(1)(e);
(e) fails to comply with any notice given by the Minister
under section 10(1)(h);
(f) fails to meet the cost of complying with the
requirement of any notice given by the Minister
under section 10(1)(h); or
(g) fails to comply with a notice given under
section 10(2) -
commits an offence and shall upon conviction be liable to a fine
not exceeding 250 penalty units if the offence is committed by
an individual person or persons, or 500 penalty units if the
offence is committed by a company, and to imprisonment for a
term not exceeding one (1) year, or to both such a fine and
imprisonment.

PART V
REGULATING THE TAKING OF WATER

12. Licences and permits to take water-(1) Subject to
subsection (7), no person may –
(a) drill for water;
(b) dig for water or construct a well;
(c) make or use a bore for the purpose of taking water
from the water resource;
(d) otherwise take water from the water resource of
Samoa;

12 Water Resources Management 2008, No.31

(e) investigate the water resource for the purpose of
identifying a commercial source of water or for
scientific research; or
(f) undertake any activity in or affecting the water
resource which the Minister determines by Order
to require a licence under this Part –
unless he or she is the holder of a licence or permit to do so
issued by the Ministry in accordance with this Act.
(2) Every application for a licence or permit under
subsection (1) shall –
(a) be made in writing to the Chief Executive Officer in
a form approved by the Chief Executive Officer
from time to time;
(b) be accompanied by an application fee as prescribed
by Order made by the Minister;
(c) include such additional information in relation to the
proposed or current activities, as may be required
by the Chief Executive Officer; and
(d) be accompanied by a signed undertaking by, or on
behalf of the applicant, that the –
(i) drilling or water taking activities; or
(ii) investigation or scientific research -
shall be in accordance with the provisions of the Samoa Water
Resource Management Plan and the requirements of this Act.
(3) All applications made under this section shall be referred
to the Division of Water Resources for confirmation that the
drilling or water taking activities, or investigation and research,
shall –
(a) be in accordance with the provisions of the Samoa
Water Resource Management Plan;
(b) not contravene any standards, control, prohibition or
requirement applying under this Act;
(c) not adversely affect the water quality of the water
resource or any aspect of the water supply in
Samoa;
(d) not deprive any village or community relying on that
source;

2008, No.31 Water Resources Management 13

(e) in the case of a source in the vicinity of a village, be
in accordance with an approval given by the
relevant village fono for the drilling or water
taking activities to be undertaken; and
(f) in the case of a source on privately owned land, be in
accordance with an approval given by the owner
for the drilling or water taking activities.
(4) Upon confirmation of the matters specified in subsection
(3), the Minister may authorise that a licence or permit be
granted.
(5) A licence or permit granted under this section –
(a) may impose any conditions as to the means of
abstraction, quantity of water, placement of a
bore, well, abstraction equipment or head works,
and any other matter that may assist in the
protection, conservation and sound management
of the water resource; and
(b) shall, if the licence or permit authorises the taking of
water, state –
(i) the quantity of water that may be
abstracted;
(ii) the rate at which the water may be
abstracted (which may be stated on a daily,
monthly or annual basis, or any combination
of these); and
(iii) the permissible means by which the
water may be abstracted.
(6) A licence granted under this section shall be valid for a
period of up to five (5) years as determined by the Minister, but
may be varied, suspended or revoked by the Minister for any
purpose that is consistent with the protection, conservation or
sound management of the water resource.
(7) The Samoa Water Resource Management Plan may
apply processes for permitting certain persons to take water
from a water source without a licence or permit issued under
this section, if the person –
(a) is entitled to a right of access to the particular water
resource from a water source in accordance with
this Act or an approved policy on rights of

14 Water Resources Management 2008, No.31

access to the water resource, which shall form
part of the Samoa Water Resource Management
Plan; or
(b) intends to abstract a quantity of water which is less
than the volume of water set by the Samoa Water
Resource Management Plan as being the
maximum amount of water which may be
abstracted without a licence.
(8) Any person who lawfully abstracts water without a
licence by reason of subsection (7) must comply with all other
provisions of this Act and with the requirements imposed by the
Samoa Water Resource Management Plan.
(9) The Minister may suspend or cancel a licence or permit
if it is necessary for the proper management of the water
resource, or on the grounds that the holder of the licence or
permit has –
(a) breached any provision of this Act, or breached any
other law which has had consequences on the
proper management of the water resource;
(b) provided any false or misleading information in an
application, or which has otherwise been
required to be provided under this Act;
(c) failed to comply with a condition applying to the
licence or permit; or
(d) failed to pay any fee or charge relating to the licence
or permit or the activities authorised by it.

13. Requests for a review of a decision-(1) An applicant
who is aggrieved by a decision of the Minister made under
section 12 may, within 28 days of the decision being made,
request a reconsideration of the application or decision by -
(a) giving written notice to the Chief Executive Officer
stating the grounds upon which the request is
made and providing evidence and information to
establish that the proposed activities –
(i) are consistent with the Samoa Water
Resource Management Plan; and
(ii) shall not adversely impact upon the
quantity or quality of the water resource; and

2008, No.31 Water Resources Management 15

(iii) shall not impact upon the availability
of water to meet the needs of villages and
communities; and
(b) paying any fee prescribed by Order made by the
Minister.
(2) The notice and supporting evidence given under
subsection (1) shall be referred to the Board for consideration in
such manner as the Board determine, and the Board shall advise
the Minister if grounds exist for granting the licence or for
varying the decision.
(3) The Minister may make a decision in relation to a
request made under this section based upon the findings of the
Board.

14. Environment and health standards applying to
water-(1) Environmental standards relating to –
(a) the taking of water; and
(b) any activity that may affect water quality or the
integrity of any water source, including waste
management operations and any commercial
enterprise -
may be prescribed by the Minister, and the Ministry shall be
responsible for the monitoring and enforcement of the approved
standards.
(2) Public health standards relating to the taking of water
and any aspect of water quality may be prescribed by the
Minister of Health, and the Ministry of Health shall be
responsible for the monitoring and enforcement of the approved
standards.
(3) Standards imposed under this section may be applied to
any agency of government whose activities relate to, or impact
upon the water resource, and to their contractors, and to any
other persons identified in the applicable standard.
(4) Any person to whom an approved standard applies who
fails or refuses to comply with the standard commits an offence
and shall be liable to a fine not exceeding 20 penalty units.
(5) In addition to any fine imposed under subsection (4), the
failure to observe or comply with an approved standard shall be
grounds for:

16 Water Resources Management 2008, No.31

(a) suspending or revoking any registration, licence or
permit applying to the person in breach; and
(b) refusing any subsequent registration, licence or
permit sought by the person in breach.

15. Offences against this Part-(1) Any person who –
(a) gives any false particular in an application made to
the Ministry for a licence or permit, or any
registration, under this Part;
(b) takes water from the water resource of Samoa
without a licence or permit given under this Part,
unless exempted by reason of section 12(7);
(c) fails to comply with conditions imposed in relation
to a licence given under this Part;
(d) fails to comply with any requirement of the Samoa
Water Resource Management Plan applying to
the taking of water from a water source -
commits an offence and shall upon conviction be liable to a fine
not exceeding 250 penalty units if the offence is committed by
an individual person or persons, or 500 penalty units if the
offence is committed by a company, and to imprisonment for a
term not exceeding one (1) year, or to both such a fine and
imprisonment.

PART VI
SAMOA WATER RESOURCES BOARD

16. The Samoa Water Resources Board-(1) The Samoa
Water Resources Board is established.
(2) The membership of the Board shall comprise -
(a) the Minister, who shall be Chairperson;
(b) the Chief Executive Officer;
(c) the Chief Executive Officer of the Ministry of
Finance;
(d) the Chief Executive Officer of the Ministry of
Women and Community Development;
(e) the Chief Executive Officer of the Ministry of
Agriculture;

2008, No.31 Water Resources Management 17

(f) the Chief Executive Officer of the Ministry of
Health;
(g) the Commissioner for the Fire and Emergency
Service;
(h) the General Manager of the Electric Power
Corporation;
(i) the Managing Director of the Samoa Water
Authority;
(j) the Chief Executive Officer of an agency in Samoa
having responsibility for waste management
(if any);
(k) the President of the Independent Water Schemes
Association;
(l) the President of the Samoa Umbrella for Non-
Government Organisations (SUNGO), or the
President’s nominee; and
(m) not more than four (4) representatives of the
community, who may be appointed by the
Minister for a period of up to three (3) years.
(3) The Chief Executive Officer may appoint officers of the
Ministry and any other person who may assist in the work of the
Board, to be advisors to the Board.
(4) In the event that any member is unable to attend any
meeting of the Board, an alternate member may be nominated to
attend in the place of the member.
(5) Meetings of the Board shall be held at such times and at
such places as the Minister shall determine.
(6) Every meeting of the Board shall be presided over by the
Minister, and in the absence of the Minister, by the Chief
Executive Officer.
(7) The Board may regulate its proceedings in such manner
as it thinks fit.

17. Functions and Powers of the Board-(1) The functions
of the Board are to -
(a) advise the government on any matter affecting the
quantity and quality of the water resource;

18 Water Resources Management 2008, No.31

(b) promote coordination amongst government agencies
having responsibilities relating to the water
resource;
(c) ensure that there is effective monitoring of the water
resource by the responsible agencies and that
records of such monitoring are maintained and
made accessible;
(d) promote the dissemination of information about the
water resource to government agencies and the
general community;
(e) take over the functions of the Watershed
Management Committee established under the
Watershed Protection and Management
Regulations 1992, and ensure that the measures
provided for in this Act and regulations made
under this Act relating to the watershed
management and protection are implemented;
(f) recommend to the Minister that an area be declared
to be a water source protection zone in
accordance with section 10 (1) (f);
(g) formulate and endorse a management plan to be
applied to any designated water source
protection zone in accordance with section 10 (1)
(f);
(h) arrange for the preparation, endorsement and
implementation of the Samoa Water Resource
Management Plan in accordance with Part VII,
and for its periodic review and amendment; and
(i) identify and endorse projects to be undertaken with
the aim of protecting, conserving and improving
the water resource.
(2) All plans endorsed by the Board shall not take effect
until they are approved by Cabinet.

2008, No.31 Water Resources Management 19

PART VII
SAMOA WATER RESOURCE MANAGEMENT PLAN

18. Elements of the Samoa Water Resource Management
Plan-(1) The Samoa Water Resource Management Plan shall
address the following matters –
(a) an inventory of the surface water and groundwater
resources and water sources;
(b) an assessment of the available water supply and the
sources of the water supply;
(c) a determination of the average quantity of water
abstracted from water sources on a daily and
monthly basis;
(d) a determination of the average quantity of water
consumed in Samoa (and at certain strategically
important locations in Samoa) on a daily and
monthly basis;
(e) a determination, or means of determining, the safe
yield of water from water sources;
(f) a determination of the losses of water that occur
between the source and the consumer;
(g) an assessment of environmental flows in specific
water sources;
(h) an assessment of water waste by domestic,
commercial, industrial and agricultural users, and
also by the reticulated water schemes;
(i) water conservation measures and a timetable for their
implementation;
(j) a projection of demand for surface water and ground
water by domestic, commercial, industrial and
agricultural users;
(k) mandatory well and intake construction standards,
including provisions for the sealing and fencing
of wells;
(l) a water quality monitoring programme of existing
and proposed water sources, and the
identification of the role in such a programme for
the responsible government agencies;

20 Water Resources Management 2008, No.31

(m) procedures for the recording of information about
water quality and quantity, for the sharing of it
amongst the responsible government agencies
and for its public disclosure;
(n) contingency plans to be actioned in the event of
threats to the quantity and quality of the water
resource;
(o) appropriate cost recovery proposals to redress
problems of salinity, pollution and other adverse
environment effects that arise from the taking of
water from the water resource; and
(p) the classes of water users and types of water use that
do not require a licence or permit as provided by
section 12(7).
(2) When preparing and approving the Samoa Water
Resource Management Plan, the Board shall apply the
following principles –
(a) the abstraction of water from surface water sources
should not exceed the safe yield from those
sources;
(b) the abstraction of water from any groundwater lens
should not exceed the safe yield of the lens;
(c) wastage of water by any person must be kept to a
minimum;
(d) water use must be beneficial and based on principles
of sustainability;
(e) use of water for human consumption in Samoa is the
highest priority, and in the case of competing
uses of the water resource, the needs for such use
shall prevail;
(f) the water resource must be safeguarded from all
types of pollutants; and
(g) conditions may arise when the water resource must
be safeguarded by the imposition of restrictions
applying to all or to specific water users.
(3) The Plan shall be comprised of –
(a) all approved government policies relating to water
resource management and conservation;

2008, No.31 Water Resources Management 21

(b) all technical reports identifying the hydrological,
meteorological and other matters influencing or
affecting the water resource;
(c) inventories of the water resource;
(d) approved strategies and plans for water resource
conservation and management; and
(e) all watershed management plans approved or
applying under this Act –
if such documents are expressed to be part of the Plan and
approved as such by Cabinet.
(4) Whilst the Samoa Water Resource Management Plan is
being formulated or in the event that any matter of significance
to the proper management of the water resource is not yet part
of the Plan, the Minister may make Orders in relation to any
matter referred to in subsection (1), and such Orders shall be
deemed to be part of the Plan for all purposes of this Act.

19. Environment Impact Assessments, Planning Schemes
and other plans to be consistent with the Plan-(1) The
provisions of the Samoa Water Resource Management Plan
must be considered and reported upon in relation to all
assessments of impacts to the environment from proposed
developments undertaken under the authority of the Planning
and Urban Management Act 2004, and any other relevant law.
(2) All urban and rural planning schemes prepared in
accordance with any law shall be consistent with the provisions
of the Samoa Water Resource Management Plan, and all such
planning schemes shall have the objective of protecting and
conserving the water resources in accordance with the
objectives stated in section 9.
(3) No approval may be given under any law dealing with
development controls and the assessment of impacts on the
environment if the effect of the approval is to breach any
provision of the Samoa Water Resource Management Plan.
(4) The National Disaster Management Plan applied under
the Disaster and Emergency Management Act 2007 shall make
appropriate provision in relation to –

22 Water Resources Management 2008, No.31

(a) the protection of Samoa’s water resources from
events that may constitute disaster and
emergency situations;
(b) the provision of adequate water during periods of
disaster and emergency; and
(c) rights to access water sources on a temporary basis
for the purposes of meeting demands and needs
for water during periods of disaster or
emergency.
(5) All plans and licences or other approvals relating to
forestry and other natural resource management and
exploitation, and for the management of national parks and
reserves shall make appropriate provision in relation to the
protection of Samoa’s water resources from the activities or
within the areas covered by such plans and approvals.

PART VIII
WATERSHED MANAGEMENT

20. Interpretation in this Part – In this Part, unless the
context otherwise requires.
“Customary bodies” means –
(a) the relevant Village Fono under the Village Fono Act
1990; and
(b) the relevant Pulenu’u and the Sui o le Malo
appointed under the Pulenu’u and Sui o le Malo
Act 1978;
“Protected watershed” means an area designated as a
protected watershed by any watershed management
plan;
“Purpose of watershed protection” means the protection of
the climate, soil conservation, or water conservation and
storage (whether for water supply, irrigation, or
generation of electricity);
“Watershed management plan” means a watershed
management plan approved by the Head of State under
section 23, subject to any variation made under
section 28.

2008, No.31 Water Resources Management 23

21. Functions of the Board in relation to watershed
management – The Board shall -
(a) advise the Minister on the need, with respect to any
watershed, to prepare a watershed management
plan or to vary any such plan;
(b) finalise a watershed management plan in accordance
with section 26;
(c) ensure that the existence and contents of a watershed
management plan are made known generally to
the people residing in, or adjacent to the land, the
subject of the plan;
(d) use its best endeavors to ensure that the contents of a
watershed management plan are implemented;
(e) review, from time to time as appropriate, the
effectiveness of each watershed management
plan in achieving its purposes of watershed
protection, and recommend any variation of its
contents in accordance with section 28; and
(f) perform any other functions conferred on it by this
Act or regulations made under this Act.

22. Powers of the Board in relation to watershed
management – The Board, in the performance of its functions,
shall have the power to direct any authorized officer to exercise
any power provided for in Part X to ensure that proper
protection and management is given and applied to watershed
areas in accordance with this Part and regulations made under
this Act.

23. Preparation of a watershed management plan-(1)
Whenever directed by the Minister with respect to any
watershed, the Chief Executive Officer shall cause a watershed
management plan to be prepared in accordance with the
provisions of this Part.
(2) The purpose of a watershed management plan is to
provide the framework for rational and effective management of
the watershed concerned and its resources with a view to –

24 Water Resources Management 2008, No.31

(a) the progressive introduction and application of
appropriate standards and techniques for the
protection management, sustainable use and
improvement of the watershed and its resources;
(b) the planning and coordination of all Government and
private activities which have a significant effect
upon the watershed and its resources;
(c) the provision of water from the watershed suitable
for domestic purposes, the generation of
hydroelectricity, industrial and commercial use,
agriculture, irrigation and the watering of stock,
fishing, conservation of flora and fauna and
recreation;
(d) the retreatment and proper disposal of waste in the
watershed;
(e) the protection of the watershed from activities likely
to cause damage to its soil and water;
(f) monitoring of soil and water resources and land use
activities in the watershed; and
(g) the promotion of public awareness of and
commitment to the responsible use of the
watershed and its water.

24. Contents of plans–(1) A watershed management plan
shall:
(a) describe the location and general physical features of
the land the subject of the plan;
(b) designate closed areas, reserves and buffer zones;
(c) describe the Government work and private activities
currently being conducted in the watershed, and
their effects, both individually and in
combination upon the watershed and its
resources;
(d) specify -
(i) the Government work which it is
planned to carry out in the watershed; and
(ii) likely changes in private activities
being conducted in the watershed, which will
have a significant effect upon the watershed

2008, No.31 Water Resources Management 25

and its resources, and describe those effects
both individually and in combination:
(e) specify the prohibitions or restrictions, if any, which
will apply to land use within the watershed,
including –
(i) the prohibition or regulation of any
agricultural, commercial or development
activity likely to impact upon the water
resource; and
(ii) prohibitions or restrictions on the
removal of trees or other vegetation;
(f) specify the arrangements to be made for participation
by representatives of the people residing in or
adjacent to the watershed in the ongoing
management of the watershed including by the
appointment of advisory Boards;
(g) specify the standards and techniques to be used for
monitoring the watershed and its resources; and
(h) ensure that the biodiversity within the watershed is
protected.
(2) A watershed management plan may contain a map or
maps to illustrate its contents and scope of application.

25. Process of Plan Preparation-(1) The Chief Executive
Officer shall first prepare a watershed management plan in draft
form, and shall then -
(a) cause the draft plan to be publicised in such a manner
as is likely to bring it to the notice of people
residing in, or adjacent to the watershed;
(b) cause consultations on the contents of the draft plan
to be held with the customary bodies in each
village located in or adjacent to the watershed;
(c) cause meetings to be held to discuss the contents of
the draft plan with any persons known to be
clearing or cultivating any land, or grazing any
animals, within the watershed;
(d) forward a copy of the draft plan to the members of
the Board; and

26 Water Resources Management 2008, No.31

(e) call for comments from interest members of the
public on the contents of the draft plan.
(2) After the Chief Executive Officer has complied with
subsection (1), and a reasonable time has been allowed for
public comment, the Minister shall convene a meeting of the
Board to finalise the watershed management plan for that
watershed.

26. Finalisation of a watershed management plan-(1)
Upon presentation of a Plan the Board, shall consider the draft
watershed management plan and taking due account of the
results of all consultations and meetings held and any comments
received shall decide on the final form of the plan and submit it
to the Minister.
(2) Upon receiving a finalised management plan the
Minister shall refer it to Cabinet for its consideration.
(3) Upon its consideration of a watershed management plan
Cabinet may advise the Head of State to approve it, or Cabinet
may refer it back to the Board for reconsideration and revision.
(4) The Head of State, acting on the advice of Cabinet, may
by Order approve a watershed management plan.

27. Publication of a plan-(1) When a watershed
management plan comes into force, the Chief Executive Officer
shall:
(a) forward a copy of the plan to each member of the
Board; and
(b) cause a notice to be published in the Savali, and in a
newspaper circulating in the area to which the
notice relates; and
(c) cause a notice to be broadcast by radio, advising how
interested persons may obtain a copy of the plan,
or may examine the plan.
(2) The Chief Executive Officer may require a fee to be
paid, in the amount fixed by him for obtaining a copy of a
watershed management plan.

2008, No.31 Water Resources Management 27

28. Variation of a plan-(1) A watershed management plan
may be varied in the same manner as is provided for in sections
23 and 26 for the preparation and finalization of a watershed
management plan.
(2) A variation in a watershed management plan shall be
published in the same manner as is provided for in section 27
for the publication of a watershed management plan.

29. Reserves and Closed Areas-(1) A watershed
management plan may designate water reserve areas or
easements adjacent to water reserves for the purpose of
regulating activities within the watershed.
(2) A watershed management plan may provide for any land
to be protected land and to be closed for the purpose of
protecting the water resource in the watershed area.
(3) The provisions of the Taking of Land Act 1964 shall
apply to any protected lands under subsection (2).

30. Offence to breach a management plan - A person
who –
(a) does any act in breach of any restriction of a
watershed management plan that is in force; or
(b) disturbs any soil or vegetation contrary to any Order
made under section 29(2) or the conditions
applying to any permission under section 29(3) -
commits an offence, and is liable upon conviction to a fine not
exceeding 20 penalty units.

31. Responsibilities of officers, etc-(1) Authorised officers
and all officers of government agencies having roles relating to
the management of water resources shall take such acts and
exercise such powers as are necessary to ensure that the
requirements of a watershed management plan are observed.
(2) The customary bodies in a village within or adjacent to a
protected watershed the subject of a watershed management
plan shall use their best endeavours to ensure that the
requirement of the plan are observed by the residents of that
village.

28 Water Resources Management 2008, No.31

(3) When an offence is committed in a protected watershed
or in respect of any water in or from a protected watershed, an
information for the prosecution of that offence shall be
promptly laid by an officer designated by the Chief Executive
Officer.

32. Powers of Government agencies etc-(1) For the
purposes of implementing a watershed management plan,
government agencies may carry out work on any land in a
protected watershed for the purpose of soil conservation, or for
protection of the water catchments area.
(2) The Chief Executive Officer, for the purposes of
implementing a watershed management plan, may from time to
time close a road on or through government land to public
access, either temporarily or permanently, by the erection of a
gate or by any other suitable means.
(3) A road shall not be closed under this section if to do so
would deny any reasonable access to the beneficial owners of
any customary land, freehold land, or current leases over
government land.

PART IX
COMMUNITY INVOLVEMENT
IN WATER MANAGEMENT

33. Village and community by-laws-(1) The Ministry may
consult with village and community representatives, and prepare
and promulgate by-laws not inconsistent with this Act for the
conservation and management of water resource in particular
areas and which involve local communities in conservation and
management measures, including requirements or restrictions
relating to –
(a) the taking of any water from a particular water source;
(b) sanitation practices and facilities to protect a water
source;
(c) the use of detergents, pesticides and other substances
which may adversely affect a water source;
(d) the grazing of cattle and the keeping of other animals
which may impact on a water source;

2008, No.31 Water Resources Management 29

(e) the use of lands near a water source for purposes of
recreation;
(f) the removal and disposal of wastes from areas near a
water source;
(g) activities which adversely affect river banks, river beds
or any other feature of a water source; and
(h) any other activity or practice which may adversely
affect a water source in the area to which the by-
law shall apply.
(2) Every by-law made under this section shall -
(a) be signed by the Chief Executive Officer;
(b) be published in the Savali; and
(c) shall come into force on the date of publication in the
Savali, or on a day fixed in the by-law.
(3) Every by-law made under this section may be altered or
revoked in the same manner in which they may be made under
this section.
(4) Every draft by-law affecting or applying to the
conservation and management of water resources shall be
provided to the Pulenuu of adjacent villages during the period of
consultation leading to the preparation of the by-law.
(5) A final copy of every draft by-law shall be provided to the
Pulenuu of adjacent villages at least seven (7) clear days before it
is published in the Savali.
(6) By-laws may provide that any matter is to be determined,
applied, dispensed with, prohibited or regulated by the Chief
Executive Officer, any such power may be exercised from time to
time, and either generally or for any classes of cases, or in any
particular case.
(7) No by-law made under this section shall bind the
Government.
(8) All by-laws must impose only reasonable restrictions and
requirements and must be consistent with this Act, the Samoa
Water Resource Management Plan and all approved policies and
schemes applying to the water resource.

30 Water Resources Management 2008, No.31

34. Other community based programs and
initiatives-(1) The Ministry may devise, approve, implement or
participate in programs relating to water conservation and the
promotion of proper water management practices in Samoa.
(2) For the purposes of this section, the Ministry may act in
combination or association with any other person or body,
whether incorporated or not, and whether in Samoa or elsewhere,
for any purpose associated with water conservation and water
resource management.
(3) The Minister may convene and conduct a National Water
Forum from time to time to involve village and community
representatives in the effective management of the water resource
and to report on the current state of the water resource.

PART X
POWERS TO MONITOR AND ENFORCE

35. Appointment of authorised officers-(1)
Notwithstanding the provisions of any other Act, the Chief
Executive Officer may appoint any officer or employee of the
Ministry to:-
(a) be an authorised officer for the purposes of this Act
or any regulation made under it; and
(b) perform the function of any authorised officer,
inspector, analyst, by-laws officer or other
officer necessary to perform any functions
related to the conservation and management of
Samoa’s water resources.
(2) An officer or employee appointed under subsection (1)
shall have the right to exercise any power:-
(a) given to an officer under any Act identified by the
Chief Executive Officer in the notice of
appointment applying to the officer; and
(b) any power stated in section 36.

36. Powers of authorised officers-(1) In addition to powers
conferred by this or any other law, authorised officers shall have
power, on producing (if so required) evidence of appointment
under this Act, to enter or access at any time any land, water

2008, No.31 Water Resources Management 31

source, premises, vessel, ship, aircraft, vehicle or other
conveyance for the purpose of:-
(a) monitoring the impact on the water resource of any
activity, matter or thing;
(b) investigating the commission of any offence or the
breach of any lawful obligation under a law
relating to the conservation and management of
the water resource;
(c) serving and enforcing any notice under section 10 (1)
(h) requiring that an activity cease or that a
structure be removed;
(d) otherwise enforcing this Act and any regulations
made under this Act –
PROVIDED THAT no authorised officer shall enter a
dwelling-house unless authorised to do so by a warrant issued
by a Judge, who shall not grant the warrant unless satisfied that
the officer has reasonable grounds for requiring entry to the
premises.
(2) In the exercise of the powers conferred by subsection
(1), an authorised officer may:-
(a) conduct such investigations and examinations as are
necessary to monitor the effects of any activity,
matter or thing, or to determine whether any
offence or breach of a lawful obligation has been
committed;
(b) install, operate and maintain hydrological and related
equipment and instruments, and water measuring
sites and gauging stations, in all water sources
and on all government land, and on private lands
with the consent of the owner of the land;
(c) erect public notice boards and information or
warning signs at any water source and on any
government land, and on private land with the
consent of the owner of the land;
(d) take samples for the purpose of analysis and testing;
(e) take photographs or measurements;
(f) require any person apparently associated with an
activity under investigation to state his or her full
name, occupation and usual place of residence;

32 Water Resources Management 2008, No.31

(g) require the production of any document relevant to
the activity, matter or thing under investigation,
including any licence or permit required by law;
(h) require from any person any assistance that is
relevant to the investigation or monitoring
activity; and
(i) seize any item used in the commission of an offence
against this Act or any law relating to the
conservation and management of the water
resource.
(3) Any person who:-
(a) hinders or obstructs an authorised officer in the
performance of his or her duties, or the exercise
of a power, under this Act or any other law
related to the conservation and management of
the water resource;
(b) induces or incites any other person to hinder or
obstruct an authorised officer;
(c) by words or conduct falsely represents that he or she
is an authorised officer, or otherwise
impersonates an authorised officer;
(d) fails to comply with a requirement made by an
authorised officer under subsection (2) (d), (e) or
(f);
(e) provides false or misleading information to an
authorised officer when required under
subsection (2) to provide information;
(f) removes, tampers with or damages any equipment,
notice board or sign installed or erected pursuant
to subsection (2); or
(g) removes, tampers with or damages any equipment
being used for the purpose of gathering or
recording any information or data concerning the
water resource installed or operated by any
person in accordance with an obligation to
provide information to the Ministry under this
Act –
commits an offence, and shall be liable upon conviction to a
fine not exceeding 20 penalty units if the person is an

2008, No.31 Water Resources Management 33

individual, or to a fine of 40 penalty units if the offence is
committed by a corporation, or to a term of imprisonment not
exceeding three (3) months, or both.

37. Precautionary Notice-(1) Where an authorised officer
suspects that any activity of a licence or permit holder under
this Act, or of any person undertaking activities which affect the
water resource, may –
(a) be in breach of –
(i) any requirement applying under this
Act or regulations made under this Act; or
(ii) any environmental or development
control affecting the activity and related to
the water resource;
(b) be adversely impacting upon water resources in any
way; or
(c) cause disaffection amongst land owners or any
village or community being affected by a water
taking operation or activity –
the officer may issue a notice requiring that any person
apparently in control of or associated with the activity, matter or
thing comply with any requirement specified in subsection (2).
(2) A notice issued under subsection (1) may require all or
any of the following -
(a) that information be provided in relation to the
operation or activity to satisfy the Assistant
Chief Executive Officer – Water Resource of the
Ministry that no such breach, adverse impact,
risk of disaffection or threat to the water resource
is occurring, or likely to occur;
(b) that alternative operating techniques or activities be
considered and employed to avoid the breach or
decrease the adverse impact, risk of disaffection
or threat to the water resource;
(c) that improvements or alterations be made in relation
to the operation or activity to the satisfaction of
the Assistant Chief Executive Officer – Water
Resources of the Ministry, to avoid the breach or

34 Water Resources Management 2008, No.31

decrease the adverse impact, risk of disaffection
or threat to the resource; and
(d) any other requirement, as determined by the
Assistant Chief Executive Officer – Water
Resources of the Ministry, to ensure due
compliance with any requirement, avoid the
adverse impact, disaffection or threat of damage to
the water resource.
(3) Any person served with a notice under this section shall
ensure that the requirements stated in the notice are complied
with within the time stipulated, and shall satisfy the Assistant
Chief Executive Officer – Water Resources of the Ministry,
prior to the expiration of that time, that the activity, matter or
thing is not adversely affecting the water resource.

38. Notice to cease an activity-(1) A Notice may be issued
under this section whether or not a Precautionary Notice has
been served under section 37.
(2) Where, after receiving advice from the Chief Executive
Officer, the Minister is of the opinion that there is occurring, or
may occur, an act or activity which involves a breach of any
requirement or an immediate risk of disaffection or threat to the
water resource as provided for in section 37 (1), the Minister
may issue a Notice under this section.
(3) A Notice issued under this section shall -
(a) be directed to the licence or permit holder, or any
person believed to be carrying out the operation
or activity, or apparently has some control over
it;
(b) specify any act or activity which warrants the issue
of the notice; and
(c) require that the act or activity cease, or not be done,
until the Minister is satisfied that the breach, the
risk of disaffection or threat to the resource no
longer exists.
(4) A Notice may be served under this section
notwithstanding that any approval, licence or permit has been
granted in relation to the operation or activity.

2008, No.31 Water Resources Management 35

(5) The Minister and the Government shall not be liable in
respect of any loss or damage arising from, or in any way
connected with, the issuing of a Notice under this section.

39. Offences and penalties related to notices-(1) Any
person who, having been served with a Notice issued pursuant
to section 37, fails to comply with a requirement stated in the
Notice commits an offence, and shall be liable upon conviction
to a fine not exceeding 100 penalty units, or to imprisonment
for a term not exceeding one (1) year, or both.
(2) Any person who -
(a) having been served with a Notice issued under
section 38, fails to comply with any of its terms;
(b) having been served with a Notice issued under
section 38, causes or permits any other person to
act in breach of its requirements; or
(c) knowingly acts in breach of the requirements of a
Notice given under section 38, whether or not
that person has been served with the Notice -
commits an offence and shall be liable upon conviction to a fine
not exceeding 100 penalty units, or to a term of imprisonment
not exceeding six (6) months, or both.
(3) In addition to any other penalty imposed under this
section, a court may order that any person convicted of an
offence pay compensation for any resulting loss or damage to
the Government, or to any other person affected by the offence.

40. Prosecution of offences-(1) The Chief Executive
Officer and any authorised officer may commence and conduct
any prosecution in relation to any offence committed against
this Act or any other law relating to the conservation and
protection of the water resource.
(2) With the approval of the Attorney General, the Chief
Executive Officer may authorise that any prosecution under this
Act be conducted by a duly qualified lawyer.
(3) Where a corporation is guilty of any offence under this
Act, or any Regulation made under it, any officer, director or
agent of the corporation who authorised, assented to or
participated in the commission of the offence, or who by his or

36 Water Resources Management 2008, No.31

her neglect or omission contributed to the commission of the
offence, shall be a party to the offence and may be found guilty
in relation to its commission, and shall be liable to penalty
provided for in relation to it.

41. Requirement to provide information, data etc-(1) All
holders of licences and permits granted under this Act, and all
persons conducting any operation, business or activity which
involves use of the water resource, or which causes any adverse
impact on the water resource must –
(a) keep all such records and data in relation to the water
resource which the Chief Executive Officers
requires from time to time to be recorded and
kept;
(b) provide all information, statistics and copies of
records relating to any such operation or activity
that is required to be provided by the Chief
Executive Officer from time to time; and
(c) file any returns required by the Chief Executive
Officer giving accurate information concerning
any water resource related matter required to be
provided in the returns.
(2) When providing any information or filing any return
under subsection (1) the provider of the information or return
may indicate that certain information is of a confidential nature,
if it is information that should not be available to commercial
competitors of that person.
(3) If the Chief Executive Officer is satisfied that the nature
of the information justifies it being kept confidential, the
information may only be provided to government officials
performing official duties in relation to Samoa’s water resource.
(4) No person to whom the information has been provided
under subsection (2) may disclose it to any person who is not
authorised by the Chief Executive Officer to receive the
information, and it may not be used for any commercial purpose
within Samoa, except with the written consent of the person
providing the information or return.

2008, No.31 Water Resources Management 37

(5) If the Chief Executive Officer is not satisfied that the
nature of the information justifies it being kept confidential –
(a) the person providing the information or return shall
be advised of the Chief Executive Officer’s
decision;
(b) reasons for the decision shall be provided upon
request from the person providing the
information or return, or a person authorised by
that person;
(c) the Chief Executive Officer shall consult with the
person if requested; and
(d) the decision may be reviewed by the Minister.

PART XI
MISCELLANEOUS PROVISIONS

42. General offences - Any person who -
(a) discharges any pollutant into the water resource of
Samoa;
(b) causes, suffers or permits any pollutant to be
discharged into the water resource of Samoa;
(c) does any act which is inconsistent with any provision
of an approved management plan applying to a
water source protection zone -
commits an offence and shall upon conviction be liable to a fine
not exceeding 250 penalty units if the offence is committed by
an individual person or persons, or 500 penalty units if the
offence is committed by a company, and to imprisonment for a
term not exceeding one (1) year, or to both such a fine and
imprisonment.

43. Fees – The Minister may by Order set fees for any
purpose associated with this Act including –
(a) application fees;
(b) licence fees;
(c) abstraction fees based on the duration of the licence
or the quantity of water taken (or both); and

38 Water Resources Management 2008, No.31

(d) special fees and levies to address salinity and other
adverse environmental effects, or to discourage
or penalise water wastage.

44. Protection of persons performing duties under this
Act - Any person who lawfully exercises any power or
performs any function under the authority of this Act shall not
be liable for any loss or damage, or be subject to any criminal
prosecution, in relation to the reasonable exercise of that power
or the performance of that function.

45. Regulations-(1) The Head of State, acting on the
advice of Cabinet, is empowered to make Regulations for the
effective implementation of this Act and the protection,
conservation and proper management of the water resource in
Samoa.
(2) Without limiting the generality of subsection (1),
regulations may be made which -
(a) provide for additional functions and powers of the
Samoa Water Resources Board;
(b) facilitate the exercise of any power of the Minister
under this Act;
(c) prescribe the classes of licences and permits and the
rights conferred by each class;
(d) provide for the preparation, endorsement,
implementation and enforcement of the Water
Resource Management Plan, and the
involvement of the community in aspects of the
planning process;
(e) declare areas adjacent to water sources to be water
reserves or easements, and provide for the
powers and restrictions which may be applied to
water reserves;
(f) provide for all aspects of irrigation schemes,
including any rights and obligations of irrigators
under such schemes, and any controls and
restrictions on the use of water for irrigation
purposes;

2008, No.31 Water Resources Management 39

(g) drought response measures, including the imposition
of schemes –
(i) of water restrictions throughout
Samoa or in zones or areas; and
(ii) for the prioritisation of the use of
water during times of low rainfall or water
availability;
(h) facilitate the making, application and enforcement of
by-laws made under section 20;
(i) facilitate the formulation or implementation of any
program relating to water conservation or water
resource management under section 21, or the
participation by government or the community in
any such program; and
(j) provide for the powers and functions of Independent
Water Schemes and for the registration and
regulation of Independent Water Schemes.
(3) The regulations made under this section may prescribe
offences and impose penalties being fines not exceeding 100
penalty units or imprisonment for a period not exceeding one
(1) year, or both such fine and imprisonment.

46. Emergency Regulations-(1) Where a situation arises
that in the opinion of the Minister poses a threat or risk to the
water resource that requires the immediate making of
Regulations in order to protect any part of the water resource of
Samoa, the Minister may make Emergency Regulations in
accordance with this section.
(2) A Regulation made under this section –
(a) shall be consistent with section 44;
(b) shall take effect immediately upon its making by the
Minister;
(c) shall be referred to the Cabinet for ratification as
soon as is practicable; and
(d) shall continue to have full force and effect unless
ratification by Cabinet is declined.

40 Water Resources Management 2008, No.31

47. Savings provisions – All watershed areas and
watershed management plans approved under the Watershed
Protection and Management Regulations 1992, and current as at
the commencement of this Act, are saved and shall be deemed
to have been declared and made under the provisions of this
Act.

48. Repeals and consequential amendments-(1) The
Water Act 1965 is repealed.
(2) Section 35 of the Lands, Survey and Environment Act
1989 is amended by deleting the words “water rights” where
ever they appear.
(3) The Watershed Protection and Management Regulations
1992 are repealed.



__________

The Water Resources Management Act 2008 is administered by
the Ministry of Natural Resources and Environment
















Printed by the Clerk of the Legislative Assembly,
by authority of the Legislative Assembly.