Act 31 Of The 2005 Water Act Legislation

Original Language Title: القانون 31 لعام 2005 قانون التشريع المائي

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=16089&RID=-1&Last=10058&First=0&CurrentPage=11&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 31 of 2005

Water Act legislation



President

Based on the provisions of the Constitution

And approved by the People's Assembly in its meeting held on 20-10-2005 and 17-9-1426h m.

Issued the following:

Water legislation

Chapter I - Definitions -

Article 1 means the following expressions contained in this law have the meanings indicated next to each of them:

- Supreme Commission for water: a national body develops high water of the state policy in the short, medium and long-term strategy and the adoption of water that achieve this policy.

- Chairman of the Supreme Committee of the water: the Prime Minister or his authorized representative.

- Basin Committee Management: Committee for the implementation of the planned by the High Commission for Water and Aquatic policy within the framework of the pelvis on to maintain the water resources from depletion, pollution and achieve the principle of sustainability.

- The Ministry: The Ministry of Irrigation.

- Minister: Minister of Irrigation.

- Side of the ministry: are public institutions and departments of public irrigation water basins public.

- Enterprise: the competent authority to invest and sanitation of drinking water, and are intended to the General Organization for Potable Water and Sanitation, companies and affiliate units in the provinces.

- Water Users Association: is a body corporate for farmers or legal beneficiaries concentrations of water in certain hydrological unit or known or irrigation system independently or in a geographic area with a well-known legal nature of the agricultural project, a non-profit entity.

- Assembly work area: are of legal nature of the known geographic area and is determined by the ministry.

- Hydrological basin: the basin is the youth division of the specified surface water lines.

- Water Source: conventional water and non-traditional:

1- traditional water: surface water and groundwater:

A surface water: rivers and interior lakes and streams, Fluids, swamps and salt marshes, ponds and pits.

B Groundwater: spring water and water carriers.

2- non-conventional water: sewage, industrial and agricultural drainage water treatment water in addition to water from desalination that achieve the required standards.

- The waterway: a river or a table or a channel or a bank or Fagarah or valley or canister.

- Public water: any water source or a water recipe general use for any purpose whatsoever.

- Standard: a standard water-based standards issued by the competent authority.

- Water Pollution: Is the presence of substances or pathogens in contaminated water lead directly or indirectly to change the physical characteristics of water, chemical or bio or germ all the criteria adopted in the standard specifications.

- Polluter: the natural or legal person, whether a public body or a private cause the contamination of water sources in any manner whatsoever, directly or indirectly.

- Campus: the designated area are necessary to protect the water source and placed her certain conditions in order to maintain the safety of the water supply and protect it from all forms of depletion and pollution in order to perform maintenance and monitoring work and divides into:


1- direct campus: the earth around the water source that allows him access to the maintenance and preservation of territorial integrity and to prevent contamination.

2- campus indirect: direct land surrounding the campus of water resources which prevents the implementation of some of the work or limit its investment to the necessities of the public interest.

- Dam: it is an artificial barrier that water reserves in order to use them for drinking purposes - irrigation - industry - power generation - the prevention of floods - regulating waterway - Filtration - livestock watering - farming: (animal - fish) - Tourism - moderate climate.

- Water systems: public or private systems for the transfer of water, in order to arise or drained water for all purposes the supply is made up of:

1- nuances of irrigation water network system:

A main channel: watercourse covered or uncovered to carry water from the water source and distribution for irrigation and all other water uses.

B secondary channel: waterway branching from the main channel.

C tertiary Channel: waterway branching from the secondary channel.

D channel Quartet or field: waterway emeritus of tertiary channel, which tells the fields.

2- agricultural drainage water network system (short - encased) with their nuances.

3- drinking water network system from the source and even the joint counter.

4- nuances sewage water network system (main lines and sub-home) before treatment.

- Rated water: the amount of water that is given through the irrigation cycle per hectare quenched according to the approved agricultural cycle is estimated at ((m3 / ha)) or ((l / s / ha)).

- Irrigation water: the stomach is water for agricultural use, which meet standard specifications.

- Drinking water: Water is the human stomach and home use, which meet standard specifications.

- With medicinal benefit: water that can be used for therapeutic purposes because of the special local components or gas, radiation or thermal nature, natural water, and determine the conditions and methods of their use and the foundations of protecting a decision issued by the Minister in coordination with the competent authorities, taking into account the laws issued in this regard.

- Mandatory periodic disclosure: periodic monitoring during specific time periods to evaluate the performance of the work of water systems for all uses and defines these systems in the executive instructions of this law, and carried out by qualified technical hand from inside or outside the competent authority.


Chapter II - public water -

Article 2 is one of the public water property:

1- inland waters include:

A- waterways of any kind within the limits assigned to the current high water line in the event of fullness before Vidanha.

B inland lakes and ponds and salt marshes, ponds, swamps within its borders designated under the highest level of the level before the water reaches Vidanha.

C waterfalls.

D Astjerarha possible groundwater from wells and all water pregnant.

E springs of any kind.

-And-water lakes, dams and water facilities built even higher level shelf Azami her.

G water for irrigation, drainage and drinking networks.

(H) non-conventional water.

2- marine waters include:


A sea within the territorial limits of the Syrian Arab Republic and is divided by lakes and ponds and swamps and salty Ghadran as well as ports and marine basins, bays, navigation channels, and roads and complete its banks.

B. arising from the mixing of water inland sea water at the mouths of rivers and beaches, streams and water under the Navy.

3- beachfront even farther up the Wave to land according to what determines the schemes accredited to the Ministry of Transport.

4- Syria's share of the joint international watercourses within the borders of the Syrian Arab Republic.

5. direct the campus of the sources of water and public water facilities Home, on not less than six meters.

Article 3 1. The minister of the Commission determining the campus of the water resources of the parties concerned constitutes.

2- Subject to the provisions of Law No. / 10 / for the year 1989 issued by a decision of the Minister on the proposal of the Commission determining the campus of water resources following:

Shall determine the direct campus public water property set forth in Article II, and prevents any tribute to build, and the establishment of any facilities and any occupancy in the immediate campus, with the exception of facilities, buildings and occupancy of public waters.

Determining campus indirect water sources.

(C) identify the economic, tourist and agricultural and residential activities in the sanctuary is direct, and the conditions that must be provided within these activities in accordance with the applicable laws and regulations, and standards-based.


Chapter III - Install acquired rights to public water -

Article 4, taking into account the rights previously acquired and installed on public water by the force of this law, being the rights of persons installing who are on public water acquired rights, or act, or benefited by custom, or under the legal and unproven bonds in accordance with the provisions listed in this chapter of Article -5- until Article 13, is subject to the investment provisions of this law.

Article 5. opens the work to install the rights mentioned in the article / 4 / decision issued by the Minister and includes the following:

1- covered by public water installations.

2- place of acceptance of the rights holders alleged requests, and the time limit for submission, that is not less than sixty days from the date of publication of the decision.

Article 6. published this mentioned in the previous article in a local newspaper the decision, and in one metropolitan newspapers, as displayed in the advertisement boards in the center of the province, region, and hand, and the peasant societies and associations of water users, as circulated to mayors of villages covered by the installations.

Article 7 1. The process of installing the acquired rights is installed on public water a committee formed in each of the public bodies affiliated to the ministry decision of the Minister under the chairmanship of judge rank adviser named by the Minister of Justice, and the membership of representatives from the concerned authorities.

2- Committee members lead the following oath before the President:
«I swear by Almighty God
to do my job with honesty and integrity.»

3- gives the President and members of the Committee of compensation issued by a decision of the Prime Minister on the proposal of the Minister.


Article 8 on each person really claim in public water in the area defined by the decision stipulated in Article / 5 / of this law, submit a request within the period specified in it, to the general of the ministry, supporting documents, and documents, and only He will not look at his request.

Article 9 Committee receives applications and documents provided by the rights holders the defendant, and the audit documents, and may draw upon the views and observations of people and those who see that they can provide the necessary clarifications, the Commission organizes a report of a preliminary attached schedule includes the rights holders, and the nature and amount of names these rights.

Article -10- mentioned in the previous article Table announce in the lobby of the general of the ministry for two months, and published in the local newspaper, if any, in one of the capital, newspapers, and is considered the ad as a personal Report for all rights holders on public water in the installation area.

Article 11 (a) Persons who have applied for installation within the specified period, to provide their comments on the table within a period of sixty days following the expiry of the width of the table for, and the Commission within / 30 / days from the date of expiry of the period mentioned to examine these notes, and take a decision which includes the final table of the rights acquired objectionable.

(B) to rights-holders to appeal to the Civil Court of Appeal in the province, the decision referred to in paragraph / a / previous during / 15 / days from the date of this resolution, issued appeals court decision concluded.

Article -12- register to committee for final installation in a special register with the competent general of the ministry's decisions.

Article-13 when conducting the selection and editing, according to the provisions of this law are installed acquired rights on public waters in the fre real estate.
Chapter IV

-filter acquired rights to water Amh-

Article 14 When you call the necessities of the public interest liquidation of the acquired rights to public water, so the decision issued by the Head of the Council of Ministers at the suggestion of the minister, includes the statement about the existence of public interest based on the positive reasons, be concluded that decision and not subject to any road methods of appeal or review is based on the issuance to the scheme shows the water source property and the area covered by the liquidation process.

-Article 15. Ministry of Education announces the start of the liquidation of the acquired rights in the lobby of the province and the region covered by the liquidation process, and in one of the local newspapers, and in one of the capital newspapers.

Article 16. A minister-committee to estimate the acquired rights specified in Chapter III of the Act values ​​based on the foundations laid down by the ministry and the Ministry of Agriculture and Agrarian Reform poses.

(B) The Ministry shall notify the values ​​estimated by the Commission for each of the owners of rights in accordance with the provisions of the reporting contained in the Code of Civil Procedure and declare at the same time a public call for the minutes of the primitive appreciation during the period of thirty days, and is this announcement in accordance with the provisions of Article / 15 / from this law.


Article 17 shall be entitled to all persons who filed their applications in accordance with the provisions of Article / 16 / of the Act may apply Baaataradathm the primitive appreciation within thirty days from the day following the date of publication of the announcement or notification, whichever is later, and the estimated values ​​are not disputed during the period specific concluded, and have intercepted one of the partners in the right as the rest of the objection partners.

Article 18. 1. Minister a committee constituted to decide on objections that offer from the owners of rights acquired under the chairmanship of judge rank of counselor named by the Minister of Justice and the membership of representatives from the concerned authorities and representatives of the owners of rights acquired.

2- gives the President and members of the Commission of compensation issued by a decision of the Prime Minister on the proposal of the Minister.

3- committee members leads to the president take the oath prescribed in paragraph / 2 / article / 7 / of this law.

Article 19 being the payment of acquired rights to their owners values ​​in accordance with the provisions of Article / 25 / of the acquisition law promulgated by Legislative Decree No. / 20 / of 1983, as amended.
Chapter V

government water systems

Article 20. Government water networks consisting of sewer lines and prepared for transfer and distribution of water and disbursement (open Oumgtah) as well as its subsidiaries and held by state enterprises, and oversees the operation and maintenance taking into consideration the duties and functions of water users associations by Chapter X of this law.

Article 21. The investment and maintenance of water resources and water networks, waterways and dams, according to the instructions issued by the ministry or the competent ministry.

Article 22 1. land benefiting from the use of irrigation water according to the network distribution and water tables rated networks, and instructions issued by the Ministry.

2- prohibiting the use of sewage and agricultural water for irrigation only after obtaining prior permission from the ministry relies on water quality and quantity in the bank.
Chapter VI

licenses drilling wells and pumping devices

Article 23. Investment is subject to public water by public and private entities and for any purpose, prior to the license, except in emergency cases for investing wells for drinking water that is informing the ministry while drilling, identifies these cases in the executive instructions.

Article 24. A- The minister issued instructions governing the granting of investment licenses public water, dig wells for different purposes in coordination with the Ministries of Housing and Construction and the Agriculture and Agrarian Reform, and should be a priority in the granting of licenses for drinking water and public uses.

B considered the initial approval of the minister as ordered directly dig wells for drinking water, supplemented licensing procedures later.

Article 25. The Ministry, at the request of the student license granting drilling a well license or more and provide technical assistance to her, all in quantities of water resources available in each basin, provided the use of modern methods of irrigation for agricultural purposes, and rationalize the use of water for purposes other.

Article 26. 1. applies drilling permits valid for one year from the date of grant, except for the public drinking water wells of the Foundation.

2- license to invest in the well water Talib, may apply for a license during the period of validity of well drilling license.


3- The conditions for the granting of licenses and investment and licensing models provide the required data and requests attached and how to study and granting of licenses, by the minister or his delegate.

4- must all persons and bodies, departments and institutions that get useful information in the study of water resources during the excavation Geological Survey or hydrogeological and geophysical and other works, to deposit a copy of it in the ministry to take advantage of them when needed, and on the ministry's Bank of preparation Information is divided into Ssuytan:

The first allowed to be traded on the approval of the minister, and the second allows the use of all those interested and working in the field of water.

Article 27 requires the entity requesting the license to be an owner of the property, beneficiary by, or leased to him and sufficient majority owners of the stock they are, or beneficiaries, or acting on, or agents mentioned or Mvudehm thus are exempt from that institution.

Article 28. determined by the Minister:

1- rated water, which can be done on the basis of the license of water facilities available in each basin and the pelvis, and determine the amount of water allowed pumping of water source under the counters mounted on all pumping equipment for agriculture and irrigation.

2- amendment specified the amount of water in the license from the water source to increase or decrease in proportion to the available in each basin water resources.

3- conditions to be imposed on how to access to public water and conditions for investment and protection from depletion and pollution.

Article 29 permits the pumping devices for a period of ten years, subject to renewal grant decision of the Minister at the request of the applicant, and in the light of the available water resources is a valid license as of the date of issuance, with the exception of private drinking water and public-use licenses.

Article 30. considers license canceled a ruling in one of the following situations:

1- If the owner has not pitched licensed under which the device within one year from the date of grant, subject to the cases estimated by the ministry and are identified in the operational instructions.

2- If the owner of the license fees has not resulted in a timely manner.

Article 31. canceled the licenses of all kinds without compensation decision of the Minister in the following cases:

1- damage to public water or as some sort.

2- damage to third parties provided that proves it judicially.

3- breach of his license conditions contained therein for the second time.

4- divert water license is licensed to use the licensed end without prior approval of the Minister.

5. inclusion of land licensed Baroaiha a government irrigation projects.

6- violation of the license holder laws and regulations for the implementation of an investment of water.

7. issuance based on fraud or if the license was granted on the basis of false documents and pursues responsible for prosecuting.

Article 32. remain a license granted on behalf of the owner or a tenant, for the use of public water in agricultural projects, a window for the benefit of real estate belonging to her whatever the person who will succeed to the ownership of or the right to invest.

Article 33. The license must be renewed in the following cases:

- When the expiration of the previous license.

- When you replace the pumping device to a larger capacity.


- When adding new spaces increase from the well identified in the license area.

Article 34 imposes on owners of drilling permits and installing pumping out devices when grants and each license individually lump sum fee of / 5000 / five thousand Syrian pounds this fee is reduced by half upon renewal and doubles the drawing when violating the period of renewal, and modifies this fee a decision of the President of the Supreme Committee of the water when necessary.

Chapter VII sanctions
public

Almaddh 35. Without prejudice to the sanctions, the most prescribed in the Penal Code or any other law, the perpetrators of acts listed below shall be punished with sanctions specified in these paragraphs:

1- a- punished by imprisonment of one to three years and a fine of (50000) SP to fifty thousand (200,000) two hundred thousand SP Each of the oldest intentionally demolished or vandalized whole or in part to one of the main irrigation facilities: such as dams and pumping stations, or has intentionally contaminating water sources.

Shall be punished by imprisonment of six months to one year and a fine of 10,000 to ten thousand SP (100000) one hundred thousand SP Each of the oldest intentionally demolished or vandalized whole or in part to one of the water-use plants and accessories, Kalabarat and canals drinking, irrigation and drainage Home.

(C) shall be punished by imprisonment from one month to three months and a fine of (3000) to three thousand SP (10000) ten thousand SP Each of the oldest intentionally demolished or vandalized total or partial networks of irrigation and drainage sub-drinking and secondary schools.

D necessary actor in paragraphs (a-b-c) mentioned above the value of the damage resulting from done.

2- punished by imprisonment of one to six months and a fine of (50000) SP to fifty thousand (100,000) one hundred thousand SP Each of the oldest, directly or indirectly, to dig a well, or a monument pumping device, or investment well, first obtaining a prior license, whether the owner of the land or an agent or an investor or tenant of the well, and still the offense, at the expense of the pits in his favor, as confiscated in favor of the ministry, all equipment, machinery, tools and equipment used in the commission of the offense.

3- punished by imprisonment from two to six months and a fine of (20000) twenty thousand to SP (40000) forty thousand SP every one of the oldest on the establishment of facilities or digging for the benefit of private business within the confines of the campus and sewer and public water facilities, or in irrigation projects, and still the offense at his expense and confiscated for the benefit of the ministry all devices, machines, tools and equipment used in the commission of the offense.

4- A- punished by imprisonment of one to six months and a fine (20,000) twenty thousand to SP (30000) SP every thirty thousand of the oldest irrigation water theft was any medium.

Shall be punished by imprisonment from one month to three months or a fine of (3000) to three thousand SP (10000) ten thousand SP every one of the oldest on the theft of water from the public network for drinking water or tampered with in any mode was.

C concern property which committed the theft, the subject-item (b) If a beneficiary of, or was aware of them did not know this institution, it shall be punished in the same sentence.

D Add to penalties prescribed above for assaulting a drinking water projects, governs the actors mentioned, compensation in solidarity with each other, including the compensation value of what is being used, according to the discretion of the institution plus the subsequent damage it.


E - based institution to receive the settlement of infringements committed requests before the entry into force of this law, and located on the public networks for drinking water, and within six months from the date of entry into force of this Act, are all considered infringements incident before the entry into force of this law reconciling the rule which requires cessation of prosecution penal and stay of execution of the sentence and the right to remove objectionable institution in the absence of the possibility of keeping it.

5. punished with imprisonment of three months to one year or a fine of 25,000 twenty-five thousand to SP (50000) SP fifty thousand each from the use of contaminated water for irrigation purposes.

6- identify cases disposed equipment and machinery, tools and equipment used in the commission of offenses set forth in items (2 and 3) above decision of the minister.

7. A- punished by the same penalty provided for in one of the paragraphs above, none of the control elements of water, which facilitates the commission of any of the offenses mentioned or gloss it or condones tuned or suppressed.

B punished by the same penalty provided for in one of the above paragraphs workers in other public bodies in the country who issue orders or instructions do not have a legal document and lead to public water damage.

Article 36. A- require both the Bastjerar allocated to networks of government irrigation water in excess of the permitted amount of water, to pay a fine equivalent to five Syrian pounds for every one cubic meter Astjerh increase over the allowable quantity Bastjerarha in addition to the annual fee contained in Decree legislative No. / 8 / for the year 1996.

(B) all of the above planned space Bastjerar groundwater from wells to increase the amount of water contained in the license granted to him obliged to pay a fine of five Syrian pounds for every one cubic meter Astjerh increase the quantity specified fine shall be doubled in case of repetition again , and the license is suspended for a year and still pumping device on the violator's expense if the violation is repeated for the third time.

(C) if he refuses to remove the offender from the pumping device and without any hesitation on the public water within a month of notification of the decision to cancel the license, the ministry shall remove the device is implemented at the expense and responsibility of omission and reserves the pumping device, until the device is removed repay twice the expenses.

D both refrained from installing a counter on the well after being placed under investment, a fine in the amount of / 5000 / SP five thousand SP and canceled investment license in the event of non installed within three months from the date of detecting the violation.
Chapter VIII

water control

-73 Article is for workers from the first and second categories in the field of water resources and invest them in charge of adjusting the violations set forth in this law, the status of water control and be nominated by a decision of the minister.

Article 38. The workers mentioned in the preceding paragraph sworn set forth in paragraph No. / 2 / article / 7 / of this law before the President of the Civil Court of First Instance in the province before they start work.

Article 39. Water may be formed or more within the public officer of the ministry, as necessary.

Article 40. Illot be organized by the water control recipe Alillot justice.


Article-41 formed in each of the institutions and units of its officer watermark or more, to suppress the irregularities, and the removal of encroachments along the sanitation and drinking water systems, the decision of the competent minister based on a proposal from the Director General of the Foundation, and leading members of the officer the right set in paragraph / 2 / article / 7 / of this law before the President of the civil Court of first Instance in the province before they start work, and be organized by them Illot recipe Alillot justice.

42. Product-Alillot sent to the public prosecutor to conduct the necessary action.

Chapter IX -altnguib-


Product-43 can public authorities conducting excavations in the land of others under the approval of the Minister, exclusively, in exceptional cases, which estimated, based on the guidelines relating to the quality of land, water and classes, and to be a priority for drinking water after taking into account the provisions of the drilling of wells contained licenses in Chapter VI of this Act.

Article 44.-The entity that has excavated the following:

A-remove waste from the ground somewhere exploration and neighboring land and compensation for damage caused due to the excavation.

B compensate for the deprivation of investment for space and time which stopped investing in them because of the excavation.

C formation of a committee by decision of the competent paymaster composed of at least three members mission: To consider compensation for damages resulting from the exploration and assessment of compensation deprivation of investment, and considers the Commission's decisions valid after ratification.

D re-course to what it was in the absence of water is detected.

E acquisition necessary for the use of public space if the source of the water caused by drilling the required amount of water.
Chapter X

-jmaaat that of water users

Article 45.-occur in the Syrian Arab Republic, the decision of the Minister, on behalf of the associations of water users associations.

Article 46.-be beneficiaries of the accession of the collective use of water resources to the associations compulsory as part of the Assembly's working area.

Article-47 given to water users associations march loans from public banks and a grant for Once Upon incorporation, and The Minister of Finance for granting these loans and the method of recovery instructions.

Article 48.-issued executive instructions from the minister and the Statute of the typical associations and document the transfer of responsibilities from the ministry to the Assembly.

Chapter atheist ten
-ogam general rule

Article 49. The public water-investment is subject to:

(A) the provisions of Legislative Decree No. / 8/1996 and the decisions of the President of the Supreme Committee of the water for irrigation water.

B-decisions issued by the competent minister and includes investment decisions tariff system for drinking water and sanitation.

Article 50.-are maintained public water pollution in cooperation and coordination between the ministry and other ministries and public bodies in accordance with the laws and regulations in force.

51. Product-be state property to public water and validity of management and representation of the ministry's jurisdiction, except as such is subject to the jurisdiction of another public body under special laws.

52. Product-owners committed wells using advanced irrigation techniques according to the principles that define and resolutions issued by the Higher Committee for water.


Article-53. The minister or the minister concerned shall issue the necessary decisions to rationalize the use of public water for different purposes, and the beneficiaries of this water to comply with these decisions, and if evidence of wastage by the beneficiary or violation of decisions issued, shall be entitled to the minister or the minister concerned withhold water for beneficiary violator to submit proof of his commitment to the decisions of the ministry or the competent ministry.

Product-issued 54. Chairman of the Higher Committee for Water executive instructions for each of the Higher Committee for Water and the Committee on the basin management.

Article 55.-not inconsistent with the provisions of the preceding Article / 54 / Minister shall issue in coordination with the competent executive instructions to the provisions of this law.

Article 56. The All-offending provisions of the provisions of this Act shall be canceled wherever they appear in the laws and regulations in force.

-Article 57. This law shall be published in the Official Gazette and shall take effect from the date of issuance.

Damascus 15-10-1426h corresponding 16-11-2005m's.


President Bashar al-Assad