FAO Preparing national LEGISLATIVE regulations for water STUDY resources management 80 Principles and practice
Stefano Burchi Ariella D’Andrea for the
Development Law Service FAO Legal Office
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Rome, 2003 Table of contents
FOREWORD ...... iii
INTRODUCTION ...... 1
I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS ...... 3
1. INTRODUCTION ...... 3
2. THE GRANTING OF PERMITS FOR THE USE OF WATER ...... 5 Step One - Filing of an application ...... 5 Pre-requisites to the filing of an application ...... 5 Authorities competent to receive applications ...... 6 Format of applications ...... 7 Supporting documents ...... 9 Payment of filing fees...... 19 Other procedural requirements ...... 20 Step Two - Recording of applications ...... 23 Step Three - Review of applications ...... 24 Step Four - Deciding on applications ...... 28 Step Five - Formatting of permits ...... 33 Step Six - Recording of decisions and permits ...... 38 Step Seven - Appealing from adverse decisions ...... 40
3. GENERAL OBLIGATIONS OF PERMIT HOLDERS ...... 44 Status of existing works if permit or activities under a permit cease 44 Taking of records of water intakes...... 45 Restraining the intake of water ...... 46 Construction, operation and maintenance of works instrumental to a permit ...... 46 Return of excess and "return" flow ...... 48 Other matters ...... 49
4. MANAGEMENT OF PERMITS ...... 49
5. TRADING OF PERMITS ...... 59 vi Preparing national regulations for water resources management 6. SUCCESSION TO PERMITS ...... 60
7. CHARGING FOR THE USE OF WATER UNDER A PERMIT ...... 68
8. DEALING WITH "EXISTING" USES OF WATER ...... 68
9. MECHANISMS COMPLEMENTARY TO THE GRANT OF PERMITS ...... 72
10. DISPUTES BETWEEN THE HOLDERS OF WATER UTILIZATION PERMITS ...... 80
11. ENSURING COMPLIANCE WITH THE LAW ...... 85
II. PREVENTION AND CONTROL OF WATER POLLUTION ...... 91
1. INTRODUCTION ...... 91 1.1 Scope of the Chapter ...... 91 1.2 Legislative Approaches to Water Pollution Prevention and Control by the Government, and the Role of Subsidiary Legislation ...... 93
2. CONTROLLING WATER POLLUTION THROUGH PROHIBITIONS ...... 94
3. CONTROLLING POLLUTION THROUGH WASTE DISCHARGE OR OTHER PERMITS OF COMPARABLE SCOPE ...... 98 3.1 The Granting of Waste Discharge Permits ...... 99 Step One - Fulfilling requirements precedent to the filing of applications ...... 99 Step Two - Filing of applications ...... 99 Circumstances under which a permit is required ...... 99 Format of applications ...... 102 Supporting documents and evidence ...... 103 Payment of filing fees ...... 105 Preparing national regulations for water resources management vii Step Three - Review of applications ...... 106 Step Four - Deciding on applications ...... 109 Step Five - Formatting of waste discharge permits ...... 114 Step Six - Appealing from adverse decisions ...... 117 Step Seven - Recording of decisions and permits ...... 121 3.2 General Obligations of Permit Holders ...... 123 Standards of effluent quality ...... 123 Changes in the quantity and/or quality of the waste discharged ...... 124 Dilution of the effluent discharged ...... 125 Spills or accidental discharges ...... 125 Monitoring and recording of measurements ...... 126 Construction of works instrumental to the discharge ...... 127 3.3 Management of Waste Discharge Permits ...... 128 3.4 Charges for Discharging Waste under A Permit ...... 132 3.5 Dealing with "Existing" Discharges or Processes ...... 134
4. CONTROLLING POLLUTION THROUGH PERMITS FOR THE ABSTRACTION AND USE OF WATER ...... 136
5. CONTROLLING WATER POLLUTION FROM “NON- POINT” SOURCES, IN PARTICULAR THROUGH ZONING ...... 140
6. PREVENTING WATER POLLUTION THROUGH PRECAUTIONARY PRESCRIPTIONS ...... 144
7. OTHER COMPLEMENTARY WATER POLLUTION CONTROL MECHANISMS...... 154 7.1 Water Quality Management Planning ...... 154 7.2 Inventory of Pollution ...... 155 7.3 Standards of Water Quality ("Ambient" Water Quality Standards) ...... 156 7.4 Standards of Effluent Quality ("Effluent" Quality Standards) 162 7.5 Sampling and Testing of Waters and Effluents ...... 163
8. ENSURING COMPLIANCE WITH THE LAW ...... 167 viii Preparing national regulations for water resources management III. GROUNDWATER DEVELOPMENT AND CONSERVATION ...... 173
1. INTRODUCTION ...... 173 1.1 Scope of the Chapter ...... 173 1.2 Legislative Approaches to Groundwater Management ...... 175
2. PRIOR NOTIFICATION OF BOREHOLE DIGGING OR WELL DRILLING OPERATIONS ...... 175
3. PERMITS TO DIG OR DRILL BOREHOLES AND TO CONSTRUCT WELLS ...... 177 3.1 The Granting of Permits ...... 177 Step One - Filing of an application ...... 177 Activities for which an application needs to be filed . 177 Pre-requisites to the filing of applications ...... 179 Format of applications ...... 181 Supporting documents ...... 182 Payment of filing fees ...... 183 Other procedural requirements ...... 184 Step Two - Review of applications ...... 184 Step Three - Deciding on applications ...... 186 Step Four - Recording of decisions and permits ...... 187 Step Five - Appealing from adverse decisions ...... 188 3.2 Format of Permits ...... 189 3.3 General Obligations of Permit Holders ...... 192 3.4 Management of Permits ...... 203
4. DEALING WITH "EXISTING" WELLS ...... 205
5. LICENSING OF WELL DRILLERS ...... 208 5.1 Granting of licences or registering as a well driller ...... 209 Step One - Applying to be registered as a driller or for a driller's licence ...... 210 Step Two - Review of applications ...... 211 Step Three - Formatting of licences ...... 212 Step Four - Recording of licences ...... 214 5.2 Management of licences ...... 214
6. ZONING OF GROUNDWATER AREAS ...... 216 Preparing national regulations for water resources management ix 7. ARTIFICIAL RECHARGE OF GROUNDWATER SUPPLIES ...... 216
8. ENSURING COMPLIANCE WITH THE LAW ...... 217
IV. WATER RESOURCES DEVELOPMENT AND FLOOD CONTROL ...... 221
1. INTRODUCTION ...... 221
2. GOVERNMENTAL CONTROL OF WATER DEVELOPMENT WORKS AND STRUCTURES ...... 222
3. FLOOD CONTROL STRUCTURES AND OTHER MEASURES ...... 236
V. IRRIGATION WATER DEVELOPMENT ...... 241
1. INTRODUCTION ...... 241
2. GOVERNMENT-FUNDED IRRIGATION WATER DEVELOPMENT...... 241 2.1 Occupation of Irrigated Land ...... 242 2.2 Distribution and Use of Project Water ...... 245 2.3 Protection and Maintenance of Irrigation Infrastructure ...... 249 2.4 Charging for Project Water ...... 251 2.5 Law Enforcement ...... 255
3. WATER USERS' GROUPS ...... 256
VI. DRAINAGE OF LANDS ...... 265
1. INTRODUCTION ...... 265
2. LAND DRAINAGE ...... 265 x Preparing national regulations for water resources management 3. DRAINAGE AND RECLAMATION OF SWAMPS AND MARSHLANDS ...... 270
VII. CHARGING FOR WATER ...... 275
1. INTRODUCTION ...... 275
2. RATES OF WATER CHARGES ...... 275
3. PAYMENT AND COLLECTION OF CHARGES ...... 278
4. WAIVERS ...... 279
APPENDIX I - Forms under Chapter I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS ...... 283
APPENDIX II - Forms under Chapter II. PREVENTION AND CONTROL OF WATER POLLUTION ...... 341
APPENDIX III - Forms under Chapter III. GROUNDWATER DEVELOPMENT AND CONSERVATION ...... 363
APPENDIX IV - Forms under Chapter IV. WATER RESOURCES DEVELOPMENT AND FLOOD CONTROL...... 387
APPENDIX V - Forms under Chapter V. IRRIGATION WATER DEVELOPMENT ...... 397
APPENDIX VI - Forms under Chapter VI. DRAINAGE OF LANDS ...... 399
APPENDIX VII - Schedules under Chapter VII. CHARGING FOR WATER ...... 407
APPENDIX VIII - List of Legislative Texts ...... 409 FOREWORD
Essentially finite stocks of freshwater resources have been coming under increasing pressure to satisfy the ever-growing economic, social and environmental demands of today's complex, interdependent societies. In response to this pressure, governments virtually everywhere are substituting themselves for individual landowners as the masters or simply the guardians of water resources. As a result, government-administered legislation regulating the development, use and protection of water resources has supplanted litigation of basic tort and property doctrines almost everywhere as the primary framework of rights and obligations for all those who, in the public and in the private sector, develop and use water resources. Enactment of such legislation involves settling issues of policy and principle on the one hand, and matters of implementing detail on the other hand. Yet policies and principles often fail to be implemented for lack of the detailed procedures necessary to give them effect. As a result, the primary legislation may remain without practical effect and fall quickly into disuse.
This publication illustrates the types of legal machinery used for the management of freshwater resources through subordinate water resources management legislation. It is intended to bridge the gap between policy and implementation in the field of water legislation. It is an updating of an older Manual by the same title, published by FAO in the Legislative Studies series (No. 52, 1994)1, written by Mr Stefano Burchi, Senior Legal Officer of the Development Law Service. The present version follows the structure of the original, but the legislative material supporting the analysis has been updated throughout, with the able assistance of Ms Ariella D'Andrea. In addition, fresh attention has been given to the trading of water rights, while the sections of the original Manual dealing with drinking water supply and sanitation, matters that could easily fill a separate book, have been deleted.
Lawrence Christy Chief, Development Law Service
1 A French version of the older Manual, based on original research on legislative material from French-speaking countries, has been published by FAO as "Elaboration des réglementations nationales de gestion des ressources en eau – Principes et pratiques", Legislative Study No. 69 (1999). INTRODUCTION
This Manual has been written having in mind a composite target audience consisting of lawyers and non-lawyers who, in one capacity or another, are engaged in the preparation of subordinate water resources management legislation. Thus a conscious effort has been made in the descriptive part of the Manual to avoid cryptic legal language, in order to make the material more accessible to a broader audience.
The variety of legislative approaches reflected in the implementing regulations presented in this Manual should be of interest to a wide range of users from a variety of countries. This is because the rationale that may prompt the adoption of one or another legal mechanism for implementation, and the very nature of the mechanism itself, are very much the same across national and language barriers and even across legal systems. What varies is generally the formal configuration of a particular mechanism, but seldom its substance. As a result, it is hoped that users will find the legislative material and the narrative which complements it of value from a comparative law perspective.
Practice varies considerably with regard to the style of drafting and the contents of subsidiary water management legislation. For the sake of consistency, research for this Manual focused on legislation available in the English language – from countries where English is the official language, as well as official translations into English from other languages . Exceptionally, unofficial translations of legislation of particular interest have also been presented.
When this Manual refers to subsidiary legislation, it is drawing a distinction between legislation which issues from the highest lawmaking body or authority of the land (i.e. the Parliament, Congress or National Assembly) and legislation made by government in the exercise of subordinate lawmaking authority. Principal or primary legislation made by the legislature generally lays down policies and principles, whereas subsidiary legislation made by government generally sets out the details of implementation, i.e. it gives practical effect to the provisions of the primary legislation. This type of legislation is variously styled "subordinate" or "subsidiary" or "ancillary" or "secondary", and tends to be collectively referred to by the term 2 Preparing national regulations for water resources management "regulations". Depending on the level of specificity, regulations may span the entire spectrum from matters of mostly administrative procedure to matters of substance and, occasionally where principal legislation is silent, even of policy.
It is primarily with these kinds of legislation that this Manual is concerned, examining such subordinate or subsidiary instruments as regulations, rules, orders, decrees and by-laws. However, in certain cases where matters of implementing detail are contained in parliamentary-level acts, these too have been included.
Rather than a strict division based on the type of legislation, the Manual has included provisions based on the kinds of subject matters they address. The subject matters or functions in water resources management and development addressed include: managing available water resources, i.e., allocating resources to users; preventing and mitigating water pollution from a variety of "point" and "non-point" sources; and controlling development of surface water resources and of groundwater (Chapters I–IV). In addition, the Manual examines provisions regulating the use of water for irrigation (Chapter V). Management of water resources involves also preventing or minimizing the damage to life and property due to poor drainage of lands (Chapter VI). And finally, charging for water resources at the source – as opposed to at the tap – has been singled out for separate treatment in view of its growing importance as a prime instrument of demand management, with significant policy and political overtones (Chapter VII).
A list of the legislation discussed in this publication is given in Appendix VIII. An effort has been made to identify contemporary legislative examples, although recourse has also been had to less recent legislation which could usefully illustrate a particular mechanism or approach. It is the view of the author that the comparative usefulness of legislation is not measured only by how contemporary it is or even by whether it is still in force. It is hoped that this publication will provide food for thought and practical examples for the reference and use of the various disciplines involved in the preparation of subordinate water legislation. I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS
See also: II. PREVENTION AND CONTROL OF WATER POLLUTION III. GROUNDWATER DEVELOPMENT AND CONSERVATION IV. WATER RESOURCES DEVELOPMENT AND FLOOD CONTROL VII. CHARGING FOR WATER
1. INTRODUCTION
"Allocating" water as used in this Chapter is the function of assigning water from a given source to a given user or number of users for abstracting it and applying it to a given use. As such, an act of allocation postulates (a) a person or governmental authority who allocates water and (b) a person - be it a physical individual or a corporation or a government agency - who abstracts and uses the water allocated to him/it. This definition reflects a fairly typical situation nowadays where the allocation of water is in the hands of a governmental (or para-governmental) authority or agent, whether this be a judge sitting in court and adjudicating water rights disputes, or a government water administrator empowered to grant permits, licences or the like legal titles to abstract and use water. In this situation, the fundamental decision as to who should abstract and use water, and to what use that water should be applied rests with a judge or a government administrator - i.e. with what we could conveniently term a "public authority".
This statement captures perhaps the truth about water allocation in a vast majority of cases in a vast majority of countries the world over. However, there are water allocation decisions which do not fall in this pattern. All decisions concerning the abstraction and use of water resources which legally "belong" to an individual or a corporation are for him or it to make, with no or limited interference from the government. These - which we can call "user-controlled" allocation decisions - are governed by rules of neighbourliness between adjoining landholdings, and by specific bodies of rules known, respectively, as "riparianism" and "prior appropriation". These rules have developed essentially from the practice of the courts in resolving disputes between neighbouring landholders/water users, and are 4 Preparing national regulations for water resources management administered mostly by the courts via litigation. These court-developed and - administered rules of "water law" are sometimes available in the form of legislation - or in what are also styled "Water Codes". "User-controlled" allocation decisions represent an ever shrinking minority of water allocation decisions overall. This is a direct consequence of the increasing scope of governmental authority in this field in response to the growing complexity of water resources management to satisfy all of society's demands, which complexity reflects the increasing interdependence of water quantity-related and water quality-related factors, and the intense interface between water and other environmental resources. The growing scope of governmental authority generally translates into legislation vesting in the State "ownership" of the water resources. Under legal systems to which the notion of ownership of water is alien, notions of State "guardianship" or "trusteeship" have been employed instead. Under all legal systems, ownership, guardianship or trusteeship concepts essentially provide the underpinnings to the practical result of placing water allocation decisions under the direct control of the government. In view of the diminishing significance and role in water resources management of user-controlled water allocation decisions, relevant bodies of rules have been left out of the scope of this book in general and of this Chapter in particular. As a result, this Chapter will focus on legal mechanisms for the allocation of water resources by, or under the full control of, a government water department or agency.
As anticipated earlier in this Introduction, typically governmental control of water resources allocation decisions is achieved through the instrumentality of government grants variously styled permits, licences, concessions, or authorizations, all of which convey a "water right" - i.e. a right to take and use water subject to the terms and conditions of the grant. For practical purposes, permits, licences, concessions and authorizations can be regarded as equivalent terms, and will be collectively referred to in this Chapter as simply "permits". A policy decision to introduce a government-controlled water allocation mechanism is typically reflected in principal legislation. This will also lay down the main features of the mechanism selected, leaving to subordinate legislation the procedural and substantive details of implementation which are presented in this Chapter.
These concern the process resulting in the granting - or in the denial - of permits (sub-chapter 2); the general obligations of permit holders (sub- chapter 3); the suspension, cancellation and variation of permits (sub- chapter 4); the trading of permits (sub-chapter 5); succession to permits (sub-chapter 6); charging for the use of water under a permit (sub-chapter 7 Preparing national regulations for water resources management 5 and Chapter VII); protection of "existing" water uses (sub-chapter 8); easements and other mechanisms complementary to permits (sub-chapter 9); dispute resolution (sub-chapter 10); and law enforcement (sub-chapter 11).
In principle, legal mechanisms and instruments for government-controlled allocation of water resources are equally applicable in respect of the abstraction and use of surface waters and groundwater resources alike. As a result, the mechanisms and instruments presented in this Chapter have, by implication, a corresponding scope of application. However, aspects of the allocation process dealt with by legislation with separate or specific reference to groundwater resources have been presented in Chapter III on GROUNDWATER DEVELOPMENT AND CONSERVATION.
2. THE GRANTING OF PERMITS FOR THE USE OF WATER
Typically, the process which results in the grant - or denial - by the government of a permit for the use of water is structured in the legislation as a sequence of steps, as follows:
Step One - Filing of an application
Pre-requisites to the filing of an application
The profile of applicants may be subject to qualifications which have the effect of narrowing down the range of prospective applicants. Corresponding pre-requisites of applicants are generally laid down in principal legislation, subordinate legislation providing the implementing details generally as a matter of documentary evidence in support of an application (see Supporting documents below). Occasionally, however, substantive pre-requisites are found in subordinate legislation. In the example given herebelow, the profile of applicants has been qualified by reference to nationality criteria. Furthermore, this example is a useful indication of how regulations can clarify a point which, however implied in the principal legislation, can be the source of controversy and confusion. It is generally implied in an Act of Legislature introducing for the first time a system of water use permits that government departments and agencies are subject to permit requirements like any user of the resource. However, deeply entrenched privileges, and the dimmed perception that powerful 6 Preparing national regulations for water resources management governmental or para-governmental water supply agencies tend to have of themselves as "users" of water, may leave in doubt as to whether the licensing requirements extend to the governmental and para-governmental sector. Unless the contrary is expressly stated in the principal legislation, the implied principle that the government and para-governmental sector is subject to the licensing requirements could be usefully clarified in the implementing regulations.
PHILIPPINES - Water Rules and Regulations 2. Only the following may file an application with the Council for permit/authority: a. Citizens of the Philippines; b. Associations, duly registered cooperatives or corporations organized under the laws of the Philippines, at least 60 percent of the capital of which is owned by the citizens of the Philippines; c. Government entities and instrumentalities, including government-owned and controlled corporations.
Authorities competent to receive applications
While precise answers to this question are more a matter for the organization of labour internal to the government water administration than for legislation to provide for, subordinate legislation may provide useful guidance particularly where different government departments or agencies share the responsibility for administering a permit mechanism, as in the examples given.
I - PHILIPPINES - Water Rules and Regulations 3. Except for those on cloud seeding, any application for permit/authority in Section 1 shall be filed with the Office of the Public Works District Engineer, the NIA Provincial Irrigation Engineer, NPC Regional Managers or the LWUA Water District General Manager whichever is designated as agent by the Council in the province where the point of diversion is situated in the case of appropriation of waters or where the project is located in all other cases.
II – VIET NAM - Decree No.179/1999 Stipulating the Implementation of the Law on Water Resources 9 - The granting of permits and the exploitation and use of water resources stipulated in Clause 1, Article 24 of the Law on Water Resources are specified as follows: … (5) The competence to grant and withdraw permits: Preparing national regulations for water resources management 7
a) The Ministry of Agriculture and Rural Development shall grant and withdraw the following water exploitation and use permits: - Permits for water exploitation and use, with regard to national important projects already approved by the Prime Minister: - Permits for underground water exploration and exploitation, with regard to concentrated water exploitation projects with a flow of 1,000 m3/day/night or more; - Permits for taking surface water for agriculture, industry, mining and daily life with a flow of 2 m3 /s or more: - Permits for exploitation and use of water for electric power generation with an output of 500 Kw or more. b) The People's Committees of the provinces and centrally-run cities shall grant and withdraw the following kinds of water exploitation and use permits: - Permits for exploration and exploitation of underground water with regard to underground water exploitation projects, with an exploitation flow of less than 1,000 m3/day/night; - Permits for taking surface water for agricultural and industrial production, mining and daily life with a flow of less than 2 m3/s: - Permits for exploitation and use of water for electric power generation with an output or less than 500 kW c) The Ministry of Agriculture and Rural Development shall grant permits for exploitation and use of water resources for other purposes in river basins or inter-provincial water conservancy work systems: d) The People's Committees of the provinces and centrally-run cities shall grant the permits for exploitation and use of water resources for other purposes in river basins or systems of water conservancy works within localities: grant the permits for exploitation and use of water in river basins and/or inter-provincial water conservancy work systems under the authorization of the Ministry of Agriculture and Rural Development: e) The agencies in charge of State management over water resource shall be competent to withdraw those kinds of permits they arc competent to grant (6) The Ministry of Agriculture and Rural Development shall prescribe the procedures for granting water resource exploitation and use permits.
Format of applications
Formats of applications tend to be standardized and appended to subsidiary legislation as "Forms" for the convenience of the applicant. In the alternative, regulations may prescribe the content of applications, leaving the choice of the format to the applicant (VI). Practice in regard to the design of Forms varies considerably, with formats of varying complexity generally covering a variety of uses combined in one Form (I to III). In addition, different standard forms may be prescribed with respect to different 8 Preparing national regulations for water resources management categories of water - notably, surface water as opposed to groundwater (IV and V; forms for applications in respect of groundwater resources are presented in Chapter III on GROUNDWATER DEVELOPMENT AND CONSERVATION) - and with respect to different classes of applicants (see, in this particular respect, sub-chapter 8 below).
I - TANZANIA - Water Utilization (General) Regulations, 1975 First Schedule - Form A - Application for Water Right - See Appendix I, page 283.
II - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 Model Form 1 - Application for a Licence (Other than a Licence of Right) to Abstract Water from an Inland Water - See Appendix I, page 285.
III - MALAWI - Water Regulations, 1969 Form WRB.1 - Application for a Grant of Water Right/Certificate of Existing Water Rights (Surface Water Only) - See Appendix I, page 291.
IV - JAMAICA - Water resources regulations, 1995 3. Application for abstraction licence. Form A. Schedule. (1) An application for a licence required pursuant to section 19 of the Act shall be made to the Authority in the form set out as Form A in the Schedule. (2) An application made under paragraph (1) shall be in duplicate and shall be accompanied by such maps, documents or information as the Authority may require and by the relevant fee. …
Schedule – Form A – Application for a licence to abstract and use water - See Appendix I, page 293.
V - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 8. Licence to take or use surface water (1) An application under section 45(1) of the Act for a licence to take or use water ("Licence to Take or Use Surface Water") shall be in accordance with Form 11 and shall be lodged with the Controller.
Form 11 – Application for a licence to take or use surface water – See Appendix, page 294.
VI - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994 4. Application for a permit (1) An application to be submitted to the Appropriate Authority for a water use permit shall contain the following information: a) name and address of the applicant; b) the intended use of the water resources; c) location of the water resources and the intended place of use; d) the intended method and manner of use of the water resources; Preparing national regulations for water resources management 9
e) the volume of water required monthly and annually; f) where appropriate, investment certificate and other information required by the Appropriate Authority. (2) Where reasonably required by the Appropriate Authority, maps, plans and designs shall be submitted together with the application mentioned in sub-Article (1) of this Article.
Supporting documents
Documentary evidence supporting the application may be required to assist the decisionmakers in the appraisal of a proposed water utilization or project. Relevant requirements may feature as a matter of standardized practice in the forms provided for the filing of applications (see the preceding paragraph), or may be separately provided for (I to III and VI). Supporting evidence requirements can also be used to qualify the profile of prospective applicants. In the particular example given at IV herebelow, the basic qualification as to ownership or possession of riparian land is laid down in the principal legislation1. The Regulations clarify that the prescribed statutory requirement is also met if the circumstances described in the Regulations occur. Documentary evidence of the environmental impact of a project can also be required by subordinate legislation (V).
I - KENYA - Water (General) Rules 28. (1)Except as otherwise provided, any plan filed in accordance with these Rules shall be either: (a) in duplicate, the original of which shall be on tracing cloth, drawn in indian ink or other indelible manner acceptable to the Water Apportionment Board, and shall be retained by the Board; and the duplicate shall be such blue or other print on sensitized paper as is acceptable to the Board; or (b) in triplicate, one copy of which shall be on such substantial linen-backed material or sensitized linen as is acceptable to the Water Apportionment Board; and the other copies shall be such blue or other prints on sensitized paper as are acceptable to the Board: Provided that no sensitized print which has been pasted or gummed on linen or other material shall be accepted by the Water Apportionment Board. (2)All plans shall be rolled and not folded.
1 I.e. section 27 of the United Kingdom Water Act, 1963. 10 Preparing national regulations for water resources management
29. (1) Every plan shall have a title, in which shall be incorporated the name of the applicant and the name of the body of water concerned in the application to which it relates. (2)A space not less than 1½ inches wide by 8 inches long in the lower left-hand corner of the drawing shall, where practicable, be reserved for use by the Water Apportionment Board.
30. Except where otherwise specially provided in these Rules or at the discretion of the chairman, every longitudinal section shall be drawn to the same horizontal scale as the corresponding plan, and shall show the intended level of the proposed works, the height of every embankment, if any, and the depth of cutting, and shall likewise show a horizontal datum line.
31. Every plan shall be drawn to such a scale as will permit of all the details being legibly recorded, and where a scale has been prescribed shall not be drawn to any less scale: Provided that the chairman, at his sole discretion, may accept plans drawn to other scales.
32. (1) Every plan shall be signed and dated by the person making it, and, if it is made by any person other than the applicant to whom it relates, the applicant or his lawfully authorized agent shall also approve, sign and date it. (2) Every plan prepared by a qualified engineer shall have endorsed thereon a certificate in the following form: CERTIFICATE
I/We ...... of ...... hereby certify that this plan was made by me/us [or under my/our direction] and that it correctly represents the places, lands, areas and works shown thereon...... Qualified Engineer[s].
33. (1) Every plan on tracing cloth shall be drawn and lettered neatly with waterproof drawing ink, and shall be prepared so as to print clearly on sensitized paper. (2) Every plan, other than those on tracing cloth and unamended prints therefrom, shall be drawn on linen-backed material or other substantial material acceptable to the Water Apportionment Board, and shall be drawn and lettered neatly with waterproof drawing ink.
34. All reduced levels or elevations shown on any plan, or set of plans, longitudinal sections or cross sections of any work or works shall be to the same datum, and reference shall be made on at least one sheet of any set of plans, longitudinal sections or cross sections indicating the datum used, and also the positions of all bench marks, which shall be properly located and described on the general map (and of which bench marks one shall be in the immediate vicinity of the point of diversion, abstraction or storage), from which the datum may be gained.
35. Every plan shall have clearly marked thereon the scale or scales, and when the Preparing national regulations for water resources management 11 nature of the plan allows it shall have the north point, true or magnetic, or both, shown thereon.
36. Except where otherwise expressly provided, with every application for a permit the following plans shall be submitted in duplicate: (a) a general plan; (b) if such plan necessitates the filing of three or more separate sheets, an index plan to a scale of not less than one inch to one mile; (c) such detail plans as are required under these Rules or as may be required for a better understanding of the applicant's proposals: Provided that detail plans need not be submitted until the application has been conditionally approved by the Water Apportionment Board, or until such time as they are called for by the chairman.
37. Every plan shall be given a registered number by the Water Apportionment Board, and shall thereafter be referred to by such number: Provided that when a plan is amended the amended plan may, if the chairman thinks fit, be given an amended number; and the date on which any plan is amended, together with the nature of the amendment, shall be marked on such plan.
38. Where in any project requiring a plan or plans to be submitted under these Rules: (a)the total quantity of water to be used exceeds: (i) three cusecs for irrigation purposes; or (ii) two hundred thousand gallons a day for any other purposes; or (b)the quantity of water to be stored exceeds fifty acre-feet; or (c)the maximum depth of water impounded by the dam or weir measured from stream bed level (or ground level where no stream exists) to spillway cill level is more than 16 feet; or (d)it is proposed to develop power exceeding one hundred brake horse-power (B. H. P.); or (e)the project is liable to cause pollution; or (f)the Water Apportionment Board so directs, the applicant shall submit such of the detail plans referred to in rules 39 to 48 of these Rules as are applicable, and such plans shall be prepared by a qualified engineer unless the Water Apportionment Board otherwise permits: Provided that, if in the opinion of the Water Apportionment Board the nature of the works is such as not to require the submission of detail plans, the chairman may in writing dispense with such requirements or part thereof.
42. (1) In every case where a canal is to be constructed, there shall be submitted, when so required by the Water Apportionment Board, a site plan drawn to a scale of not less than 1 in 5,000 and a longitudinal section of the canal with a sufficient number of typical cross sections to illustrate the forms which the canal, when constructed, will take. (2)The following particulars shall be shown on the longitudinal section: (a) the original ground levels and the nature of the ground traversed; (b) the bed levels of the canal and the bed gradients; 12 Preparing national regulations for water resources management
(c) the full supply depth and freeboard; (d) the bed width and side slopes; and (e) the calculated velocity and discharge at full supply depth. (3)The cross section shall also show such of the above particulars as are relevant, and the position of each cross section shall be shown on the longitudinal section.
43. (1) Where a canal is to be constructed and the carrying capacity at full supply level is expected to exceed three cusecs for any purpose other than a power purpose, all plans shall be prepared by a qualified engineer, unless the Water Apportionment Board decides otherwise, and there shall be submitted, in addition to the plan required by rule 42 of these Rules, an accurate longitudinal section of the proposed canal, on which shall be recorded in addition to the information required under rule 42 of these Rules, the position of all structures in connection with the canal, the natural surface and proposed bed levels, full supply depths, proposed gradients and top level of embankments. (2) The scale of such longitudinal section shall not be less than 1 inch to every 500 feet horizontal and not less than 1 inch to every 10 feet vertical, or shall be such other scales as the chairman may in writing approve.
44. For all the structures, including regulators, escapes, spillways, drops, chutes, flumes, syphons, tunnels, outlets, bridges, railway crossings, canal crossings, culverts, overchutes, gauging devices, valves or any other apparatus, device or thing, in connection with canals or pressure conduits, there shall be submitted, when required by the Water Apportionment Board, plans showing plan views, elevations and general cross sections, drawn to a scale of not less than 16 feet to one inch, except where any structure is 200 feet or more in length, when the plan view and elevations may be shown to a scale of not less than one inch to 50 feet.
45. (1) Whenever the quantity of water to be diverted by means of a pipeline or other pressure conduit is less than 200,000 gallons per day, there shall be submitted, when required by the Water Apportionment Board, a sketch longitudinal section, on which shall be marked the low and normal water levels and the bed level of the body of water, at the intake from which the water is to be diverted or abstracted, the location of any works such as pumping plants, intake levels, pressure tanks and stand-pipes, and the internal diameter and material of the pipes, with the invert level of the pipe at which any changes in size or material occur, and the level of the pipe at the point of discharge; and the scales used shall not be less than 1 inch to 500 feet horizontally and 1 inch to 25 feet vertically, or such other scales as the Water Apportionment Board may approve. (2) Whenever the quantity of water to be conveyed by means of a pipeline or other pressure conduit is greater than 200,000 gallons per day, there shall be submitted, when required by the Water Apportionment Board, an accurate longitudinal section to a horizontal scale of not less than 1 inch to 500 feet and a vertical scale of not less than 1 inch to 25 feet, on which shall be shown the low, normal and high flood levels, and the bed level of the body of water at the proposed intake, the invert levels, the hydraulic gradients of the pipeline, the natural surface of the ground, the location of any works such as pumping plants, pump house, intake wells, stand-pipes, air valves, Preparing national regulations for water resources management 13 break pressure tanks and valves, and the internal diameter and material of the pipes, with the invert levels of the pipes at the points at which changes in size or material occur. (3) The provisions of this rule shall not apply to the distribution or reticulation of any water works for any community, public or urban project, or water undertaker.
46. If a permit is required for a power purpose for the development of more than 100 brake horse-power, there shall be submitted, when so required by the Water Apportionment Board, a contour plan, to a scale of not less than 1 inch to 100 feet, with a contour interval of not more than 5 feet, showing the proposed location of the power-house and other buildings and the point of return of the water, for each power-house site that will be a part of any project.
49. All designs of earth dams, except as hereinafter provided, shall be prepared in accordance with the following minimum conditions: (a)the line of saturation above the foundation shall in all cases be contained within the cross section of the dam; (b)adequate freeboard, which in no such case shall be less than 2 feet above high flood level, shall be provided for; (c)the side slopes of the dam shall be such that there is no possibility of the earth, or other material used in its construction, sloughing or slipping; (d)whenever an outlet pipe or scour pipe is carried underneath an embankment, it shall, unless the Water Apportionment Board decides otherwise, be surrounded throughout its entire length by concrete, which shall rest throughout its length on solid rock or in a trench in undisturbed soil; and concrete or other collars, approved by the Water Apportionment Board, shall be provided to prevent the percolation of water along the lines of the junctions of the concrete surround to the said pipe and the earth in the embankment.
50. An applicant shall, when so required by the Water Apportionment Board, submit a specification, which shall include the following: (a)a general statement outlining the extent and purpose of the proposed works; (b)statements in detail of all data upon which the design is based, including stream measurements, rainfall, stream flow, evaporation records, drainage areas and any other pertinent information; (c)specifications covering the materials to be used and methods of construction; (d)if the application is for a power purpose, a statement of the proposed type, number and rated capacity of the water wheels and generators to be installed; and (e)such further details as may be required by the chairman.
II - PHILIPPINES - Water Rules and Regulations 4. All applications shall be filed in the prescribed form, sworn to by the applicant and supported by the following: A. For a Water Permit for Agricultural Purposes: (1) Any document of ownership/possession of the land to be developed such as: (a) Certificate of Title; (b) Tax Declaration; 14 Preparing national regulations for water resources management
(c) Certificate of Land Transfer; or (d) Contract of lease, if applicant is a lessee. (2) Location Plan of Area showing: (a) Point of Diversion determined graphically by its latitude and longitude; (b) Delineation of area indicating hectarage for which water will be used and adjoining lands and their corresponding owners duly indicated relative to the point of diversion; (c) Nature of diversion works, whether temporary or permanent; manner of appropriation, whether by gravity pump; kind of crop; and approximate location or conveyance canal or conduit; and (d) In case of appropriation of ground water, location and spacing of proposed drilling sites, kind of crop, and approximate location or conveyance canal or conduit in lieu of items (a) and (c) above. B. For a Water Permit for Hydraulic Power Development and Industrial Purposes, or for a Permit to Dump Mine Tailings or Wastes: (1) Location and conceptual plans on convenient scale showing the source of water, layout of proposed works, and point of diversion determined graphically by its latitude and longitude; (2) Brief description of project including among others, how water will be used, amount of water needed for the purpose, power expected to be generated if applicable, amount of water to be discharged back to the source and measures to be taken to insure that such waters are not polluted, other relevant information; (3) Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or certificate of registration in case of cooperatives; and (4) When the application is for industrial use of ground water, the location and spacing of drilling well sites instead of diversion point should be indicated in the location plan. C. For a Water Permit for Municipal Purposes: (1) Location, topographic and layout map showing the relative position of source area to be supplied, and diversion point determined graphically by its latitude and longitude; (2) Brief description of the project, including nature and amount of water to be used, population (3) Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or Partnership, or Certificate of Registration in case of cooperatives; (4)When the application is for industrial use of ground water, the location and spacing of drilling well sites determined graphically by latitude and longitude should be indicated in the location plan; and (5) When it involves the reuse of waste water for human consumption, the application should be accompanied by a clearance from the Department of Health allowing the reuse of said waste water and setting forth the conditions therefor. D. For a Water Permit for Recreational, Fisheries and Other Purposes: (1) Location and conceptual plan showing the relative location of the project with the body of water to be utilized for the purpose, determined graphically by its latitude and longitude; (2) Brief description of the project including among others, how the water is to be used, area of water surface needed for the purpose or amount of water to be Preparing national regulations for water resources management 15 appropriated and location of diversion canal if diversion is to be made, scheme of development, and other relevant information; and (3) Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or Certificate of Registration in case of cooperatives. ... F. Such other documents that may be required by the Council.
5. In addition to the requirements under Section 4, the following are required in the specific instances indicated: ... D. For all Applications to Appropriate Water: Water permit applications filed for any purpose shall be accompanied by a Certificate of tree planting, survival, or completion as the case may be in the name of the applicant as provided under P.D. 1153.
III - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 5. ... (2) The application shall be accompanied by a map (as mentioned in regulation 4 (5)) for the purpose of showing the matters required so to be shown by whichever is appropriate of the three next following regulations and shall also be accompanied by such other documents (if any) as thereby required.
6. ... (2) The matters required to be shown on the map accompanying the application are: (a) every point of abstraction to which the application relates; (b) the relevant land for the purposes of section 27 of the Act specified in the application; (c) save where it is an application for a licence falling within the exception in section 30 (3) of the Act (which exception relates to a licence granted to a river authority, or to water undertakers for purposes of their water undertaking), the land on which it is proposed to use, for the purposes proposed in the application, water abstracted in pursuance of the licence, distinguishing as necessary between parts of the land on which it is proposed to use such water for different purposes. ... (4) The application shall be accompanied by: (a) copies of the newspaper or newspapers containing the appropriate section 28 notice (as mentioned in regulation 4 (4)), and (b) a declaration, signed by or on behalf of the applicant, that such a notice has also been published in the London Gazette (giving the date of publication) and, where the notice is required by virtue of section 28 (1)(b) of the Act to be served on any authority therein mentioned, that such requirement has been complied with (giving particulars of the service).
7. ... (2) The matters required to be shown on the map accompanying the application (including any section 56(2) application) are the matters specified in paragraph (2) of the last preceding regulation (except the relevant land for the purposes of section 27 of the Act referred to in sub-paragraph (2)(b)) as required in the case of applications to which that regulation applies. (3) A section 33(1)(a) application, and a section 56(2) application, shall be accompanied: 16 Preparing national regulations for water resources management
(a) where the relevant statutory provision relied on is a licence under section 14 of the Water Act 1945, by that licence or a true copy thereof, or, if for any sufficient reason (which shall be specified) the foregoing requirement cannot be complied with, by sufficient evidence in writing of the grant of such licence and of its terms; (b) in any other case (except where the statutory provision in question is contained in a public general Act), by a copy of the relevant statutory provision on which the applicant relies. (4) A section 33(1)(a) application, made in reliance on a statutory provision which does not specify or otherwise limit the quantity of water authorised to be abstracted, shall also be accompanied by evidence in writing for the purpose of proving to the reasonable satisfaction of the river authority any particulars included in the application with respect to quantities of water abstracted in the relevant period ending with 1st April 1965 and other matters, as mentioned in section 34 (3) to (5) of the Act. (5) A section 33(1)(b) application shall be accompanied by evidence in writing for the purpose of proving to the reasonable satisfaction of the river authority any particulars included in the application with respect to quantities of water abstracted in the relevant period ending with 1st April 1965 and other matters, as mentioned in section 35 (2) to (4) of the Act and a statement included in the application with respect to matters referred to in section 35(5) of the Act. (6)Where evidence in writing provided by an applicant in pursuance of paragraph (4) or paragraph (5) of this regulation relates to any quantity of water which is shown in the application to be an estimated quantity, that evidence shall include a statement explaining how the estimate in question was made.
8. ... (3) In relation to any application in pursuance of section 37 (3) of the Act for a combined licence, the relevant provisions of this part of the regulation shall have effect, subject to the following provisions of this paragraph, as if the application comprised an application for a licence to impound and a separate application for a licence to abstract water; and: (a) the documents which, by virtue of this paragraph, are required to be put together for the purpose of the application (including any accompanying documents) shall be clearly marked so as to show that those which relate to impounding works and those which relate to abstraction of water are associated with each other as parts of an application for a combined licence; (b) the requirements relating to the submission of a map with every application for a licence, and to the showing thereon of the matters required so to be shown by whichever is relevant of the regulations with respect to an application for a licence to abstract water and by the foregoing provision of this regulation with respect to an application for a licence to impound, may, if the requisite particulars can be satisfactorily shown on a single map, be complied with by submitting with the application for a combined licence one map containing all the particulars required to be shown in respect of that application; (c) the appropriate section 28 notice shall be a notice in the form indicated as appropriate to an application for a combined licence in Schedule 2 (and therein numbered N3) [See example IV under Step Three below], or in a form substantially to the like effect. Preparing national regulations for water resources management 17
IV - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 6. ... (3) If the applicant is not a person who is entitled to make the application in accordance with section 27 of the Act by virtue of occupying relevant land for the purposes of that section, the application shall be accompanied by the evidence which the applicant tenders with a view to satisfying the river authority: (a)as respects any proposed abstraction from an inland water or from underground strata, that he has entered into negotiations for the acquisition of an interest in relevant land such that, if the interest is acquired by him, he will be entitled to occupy that land; ...
V - UNITED KINGDOM – The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations, 2003 2. Interpretation In these Regulations, expressions which are used in the EIA Directive have the same meaning as in that Directive, and - "the 1991 Act" means the Water Resources Act 1991; "abstraction or impounding licence" means a licence under Chapter II of Part II of the 1991 Act; "authorisation" means - (i) an abstraction or impounding licence, ...
3. Requirement for an environmental impact assessment (1) An environmental impact assessment shall be carried out in accordance with these Regulations in relation to a relevant project. (2) A project is a relevant project if - (a) it is a water management project for agriculture, including an irrigation project; (b) in the case of a project involving water abstraction, the amounts abstracted exceed 20 cubic metres in any period of 24 hours; and (c) it would be likely to have significant effects on the environment by virtue inter alia of its nature, size or location. (3) A project is not a relevant project if it involves - (a) development within the meaning of section 55 of the Town and Country Planning Act 1990, or (b) improvement works within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999.
5. Environmental statement to be provided in relation to an application for authorisation An environmental statement which complies with regulation 6 shall be provided in relation to an application made after 31st March 2003 for, or for the variation of, an authorisation in connection with a relevant project.
6. Environmental statement, and opinions of the Agency on the contents of an environmental statement (1) An environmental statement shall include such of the information set out in Schedule 2 as is relevant to the relevant project and at least the following - 18 Preparing national regulations for water resources management
(a) a description of the project comprising information on the site, design and size of the project; (b) a description of the aspects of the environment likely to be significantly affected by the project; (c) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects; (d) an outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects; and (e) a non-technical summary of the information provided under sub-paragraphs (a) to (d). (2) If a person so requests before making an application for, or for the variation of, an authorisation, the Agency shall, having consulted the person making the request and the consultation bodies, give an opinion on the information which should be contained in an environmental statement accompanying such an application. (3) The fact that the Agency has given an opinion under paragraph (2) shall not preclude it from subsequently requiring the person making the request to provide further information. (4) The Agency and the consultation bodies shall, if requested by a person proposing to make an application for which an environmental statement is required, enter into consultation with him to determine whether they have in their possession any information which may be relevant to the preparation of an environmental statement and, if they have, they shall make it available to him. (5) Paragraph (4) shall not require the disclosure of information which is capable of being treated as confidential or must be so treated under regulation 4 of the Environmental Information Regulations 1992. (6) Any body which provides information to a person under paragraph (4) may require him to pay a charge which reflects the cost of making that information available. (7) If the Agency considers that an environmental statement does not contain all the information required by paragraph (1), it shall by notice in writing - (a) inform the applicant, and (b) specify what further information the Agency requires, and the applicant shall provide that information to the Agency.
Second schedule – Information about proposed project – See Appendix I, page 296.
VI – UGANDA - Water Resources Regulations, 1998 3. Application for a water permit … (3) The Director may, (a) require an applicant to prepare and submit plans or other information to support the application made under this regulation; … Preparing national regulations for water resources management 19
Payment of filing fees
Payment of filing fees or charges is customarily required to help defray the administrative costs of processing applications. Practice in this regard - as reflected in subsidiary legislation - is fairly consistent, with requirements that applications be accompanied by evidence of payment of a given sum of money, complemented by exemptions (I, III, and IV) and refunds (II).
I - PHILIPPINES - Water Rules and Regulations 6 - There shall be imposed and collected a fee of One Hundred Pesos (P 100.00) from every applicant, except government agencies, water districts, and duly organized associations or cooperatives for irrigation or rural water supply which shall be paid to the Council in postal money order through the Office where the application is filed.
II - TANZANIA - Water Utilization (General) Regulations, 1975 25. (1) The fees set out in the Second Schedule to these Regulations shall be payable to the Water Officer in respect of the matters specified in that Schedule. (2) Where an appellate authority allows an appeal under section 32 of the Act, it may, if it deems it fit, direct the Water Officer to refund any fee or any part thereof paid in respect of the appeal and the Water Officer shall give effect to the direction. ...
Second Schedule - Fees Item Matter Fee Shs. 1. Application for a water right to be made appurtenant to land (including an application for water right which comprises an application for the water right to be made appurtenant to land) 100/-
2. Application for a water right other than an application specified in item 150/- ...
III – SOUTH AFRICA - Regulations on Registration of Water Use, 1999 12. Cost of registering a water use (1) No fee will be charged for an application to register a water use if the completed registration forms are submitted in compliance with regulation 3. (2) A fee may be charged for registration for any application not submitted within a stipulated period. (3) Replacement of a lost or damaged registration certificate will be subject to a charge to cover the costs of replacement.
IV – UGANDA - Water Resources Regulations, 1998 Second Schedule - Fees and charges – See Appendix I, page 297. 20 Preparing national regulations for water resources management Other procedural requirements
Subsidiary legislation may provide details which have the effect of clarifying matters left in doubt by principal legislation. The first example given herebelow concerns applications in connection with proposed uses contemplating multiple points of abstraction from one source of water or individual abstractions from a multiplicity of sources (I). The second example deals with joint licences, i.e. licences requested by multiple applicants having joint interests (II). The third example provides additional requirements of applications concerning a particular category of streams (III).
I - KENYA - Water (General) Rules 125. (1) A separate application shall be made for each point of diversion or abstraction or storage from a body of water or for each separate point of diversion from a reservoir or dam. (2) In the case of any works taking water from several bodies of water, a separate application shall, in all cases, be made for each source of supply.
II - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 18. Joint interests (1) Every joint application for a licence, permit or consent shall be in accordance with the appropriate form for such an application but shall be in the names of and signed by each joint applicant, or his or her agent, and shall bear the address of each such applicant.
III - CANADA – BRITISH COLUMBIA - Sensitive Streams Designation and Licensing Regulation, 2000 2. Application of regulation This regulation applies to an application for a licence, an approval or an amendment to a licence or an approval, in respect of a sensitive stream.
3. Designated streams The streams listed in the Schedule1 are designated as sensitive streams under section 6 (2) of the Act.
4. Qualifications of expert providing report If an applicant relies on a report of an expert or other form of evidence prepared by an expert and submitted with or in support of the application, the comptroller or regional water manager must be satisfied that the expert is qualified to provide that evidence.
1 Omitted. Preparing national regulations for water resources management 21
5. Powers to require additional information for purposes of application For the purposes of considering an application, the comptroller or regional water manager may, at any time, require the applicant to provide further relevant information including, but not limited to, any of the following: (a) fish inventory; (b) flow or runoff analysis, including additional flow measurements for correlation of data; (c) seasonal distribution of water demand, including irrigation; (d) habitat assessment at the point of diversion and in the area of potential impact; (e) design of proposed works including diversion structure, balancing and storage reservoirs; (f) where appropriate, any specific water conservation measures that the applicant will utilize to minimize use of water; (g) the removal of material from the stream or stream channel in connection with the works; (h) the protection of natural materials and vegetation that contribute to habitat or stream channel stability; (i) the addition of substance, sediment, debris or other material to the stream or stream channel in connection with the works; (j) the restoration of the work site after the works have been completed.
7. Mitigation strategies (1) In regard to an application for a water licence, approval or amendment to a licence or an approval, an applicant must provide information to the comptroller or regional water manager on mitigation strategies during project planning, design, construction and operation, which may include but are not limited to the following: (a) the timing of any proposed work; (b) practices to be undertaken to ensure stream bank and channel stability; (c) practices that provide for satisfactory fish migration; (d) practices that provide that fish are not injured or their migration hindered by structures, pumping devices or construction activities; (e) practices and procedures to maintain water quality; (f) measures to restore the stream channel and banks to their natural state; (g) metering of water use; (h) water conservation measures. (2) For subsection (1) (f), "natural state" means as close as possible to the state that exists before the work is to begin as proposed by the application. (3) The comptroller or regional water manager may make it a condition of a licence, approval or amendment to a licence or an approval that the licensee provide on site monitoring of (a) the construction of the works authorized under the licence, approval or amendment to the licence or approval, and (b) mitigation measures to ensure that they are performed as required under the licence, approval or amendment to the licence or approval. (4) Any on site monitoring required under this regulation must be carried out by a 22 Preparing national regulations for water resources management
person whose qualifications are acceptable to the comptroller or regional water manager. (5) Post construction monitoring may be discontinued only if (a) the on site monitor certifies in writing that all works have been completed and are functioning as required in the mitigation plan, or (b) the applicant is relieved of the monitoring requirement by the comptroller or regional water manager.
8. Compensation proposals (1) In this section, "in kind compensation" means fish habitat that is provided in place of or instead of fish habitat that would suffer a significant adverse impact under the proposal. (2) If an applicant proposes to provide in kind compensation for fish habitat that would suffer a significant adverse impact under the proposed use, the compensation proposal (a) must be for the fish population whose sustainability is at risk, (b) must provide for the same habitat type as that of the fish population being displaced, and (c) must be in equal proportion to or greater than the fish habitat that will be lost. (3) A proposal for in kind compensation for fish habitat must make full compensation for the significant adverse impact on the fish habitat by providing for in kind compensation in the following locations and in the following order of priority: (a) at the same location where the projected habitat impact will occur; (b) within the same stream system; (c) within the same watershed; (d) within another area immediately adjacent to the same watershed having similar physiography and macroclimate. (4) If the in kind compensation at the first applicable location listed in subsection (3) is insufficient to fully compensate for the significant adverse impact on the fish habitat, the proposal must provide for the remainder of the compensation to be satisfied at the next applicable location in the list. (5) The applicant will be responsible for monitoring and maintenance of the in kind compensation for fish habitat until one of the following occurs: (a) the comptroller or regional water manager is satisfied that the objectives of the compensation plan are met; (b) the comptroller or regional water manager directs that the applicant is no longer responsible for monitoring and maintenance of the in kind compensation for fish habitat. (6) Subject to subsections (9), (10) and (11), if in kind compensation cannot be achieved as provided in subsections (2) to (4), the comptroller or regional water manager may approve financial compensation for the habitat that will suffer a significant adverse impact. (7) If financial compensation is approved by the comptroller or regional water manager, the applicant must employ a person whose qualifications are acceptable to the comptroller or regional water manager to determine the cost of recreating the habitat that will suffer a significant adverse impact, including the cost of developing and monitoring any plan. Preparing national regulations for water resources management 23
(8) In considering whether to accept financial or in kind compensation, the comptroller or the regional water manager must consider whether the approval of the federal Department of Fisheries and Oceans has been obtained in respect of that compensation. (9) The comptroller or regional manager must not accept compensation under section 6 of the Act in relation to a fish population if the fish population whose sustainability is at risk is a species of fish designated under the Wildlife Act as a threatened or endangered species. (10) The comptroller or regional manager may refuse to accept compensation under section 6 of the Act in relation to a fish population if the fish population whose sustainability is at risk is (a) of regional significance, or (b) genetically or geographically distinct. (11) The comptroller or regional manager must not accept compensation under section 6 of the Act if the impact on fish habitat of implementing the proposal would critically reduce the sustainability of the fish population.
Step Two - Recording of applications
This is a matter generally left to the internal organizational procedures and functioning of the government department or agency responsible for receiving and processing applications. However, special requirements may be laid down by legislation with a view to ensuring access by the general public to the information concerning applications made.
UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 17. (1) The register which, by virtue of section 53 of the Act, is required to be kept by a river authority and to be available for inspection by the public at all reasonable hours shall contain the following information with respect to every application made to the river authority for the grant, revocation or variation of a licence under the Act, namely: (a) the name and address of the applicant, the date of the application and brief particulars of its proposals; ... (5) Every entry in the register with respect to an application made after 30th June 1965, or to a decision on any application, shall be made, within 14 days from the date of receipt of the application or of the issue of the decision, and every such entry with respect to an application made before 1st July 1965 shall be made within 28 days from the date of receipt of the application. 24 Preparing national regulations for water resources management Step Three - Review of applications
Subsidiary legislation evidences a fairly consistent practice of requiring the responsible government department or agency to elicit the views of users of water who may be affected by the proposals contained in the application. Relevant requirements are cast in the form of an obligation of either the applicant or the government to give prescribed publicity to an application, and to invite objections (I to IV, VI to VIII). While a well-informed government water resources administration will already have all the data concerning the rights and water entitlements of other potentially affected water users, seeking the views of such users may minimize the potential for conflict among water users in general, and, in particular, for confrontation and appeal against the government water administration at a later stage of the process. At any rate, the information provided by users in their own self- interest may be of great value in upgrading the water rights data base available to the government water administration. The views of the general public may also be elicited, particularly where the proposed utilization or project has or may have an appreciable environmental impact. Formal Environmental Impact Assessment requirements may be mandated by separate environment protection legislation, in which case water resources management regulations will ordinarily defer to it; or they can be mandated and regulated by the water resources legislation (see Step One, under the heading Supporting documents (V) above). Field investigations may also be required to determine whether the hydraulic structures proposed are adequate; whether the applicant could use all the water or facilities for which he applies, or whether the proposed use will adversely affect other water users or other related interests (V).
I - MALAWI - Water Regulations, 1969 6. (1) The Water Resources Board shall, on receipt of an application for a grant under section 10 and before making such grant, and may on receipt of any other application under the Act in respect of which in its opinion public notification should be given, cause to be published in the Gazette and in at least one newspaper circulating in Malawi in such manner as it may deem necessary a notice giving the purport of the application and inviting objections to be submitted within a period of 30 days from the date of publication. (2) Objections made in response to a notice under subsection (1) shall be submitted in writing to the Water Resources Board within the time specified and shall state: (a) the name and address of the objector; (b) the matter to which objection is made; (c) the grounds of the objection; Preparing national regulations for water resources management 25
(d) the objector's interest in the matter; (e) whether the objector desires to make a personal representation to the Water Resources Board. (3) It shall be within the discretion of the Board to adjudicate upon any objection made without hearing any personal representations. (4) No application in respect of which a notice has been given under subregulation (1) shall be considered by the Water Resources Board until the expiration of 30 days after the publication of such notice.
II - PHILIPPINES - Water Rules and Regulations 8. Upon receipt of an application for water permit, the Office concerned shall process the same to determine compliance with the requirements prescribed in Section 4 hereof. If found in order, and upon payment of the filing fee, notices of the application shall be posted in a conspicuous place in said office and shall remain posted for a period of Sixty (60) days. Notices of application shall, likewise, be sent by the said office to the following for posting in a conspicuous place for the same period. (a) Barangay Chairman of the place where the point of diversion is located; (b) Municipal Secretary of the town where the point of diversion is located; (c) The Secretary of the Sangguniang Panlalawigan of the province where the point of diversion is located; (d) Public Works District Engineer or Provincial Irrigation Engineer as the case may be. Copies of the notice of application shall, likewise, be furnished to concerned Regional Offices of the Ministry of Public Works, National Irrigation Administration, National Power Corporation and Ministry of Natural Resources and Local Water District Office, if any.
9. ... B. Any person who may be adversely affected by the proposed appropriation may file a verified protest with the Council or with any deputized agency investigating the application within sixty (60) days after posting of the Notice of Application in the office where the application was filed. Protests to an application for water permit shall be governed by the rules prescribed for resolving water use controversies.
III - TANZANIA - Water Utilization (General) Regulations, 1975 3. Where an application is made in accordance with section 15 of the Act, the Water Officer shall prepare a notice setting out the particulars of the application and cause it to be: (a) published in the Gazette; (b) served upon all person named in the application as being liable to be affected by the grant of the right for which the application is made, and upon such other persons as he thinks fit; and (c) displayed at the District Office of the district in which the right for which the application is made will, if granted, be exercised.
5. (1) A Water Officer may refuse to consider any objection to an application for a water right, the apportionment of water right, or an easement if the objection reaches 26 Preparing national regulations for water resources management
him forty days after the relevant date. (2)In this regulation the expression "relevant date" means: (a) in the case of an objector served with a notice under regulation 3 or copy of an application under regulation 4, the date on which such notice or copy was served upon him; (b) in the case of an objector who is not entitled under regulation 3 to have notice of an application served upon him, the date on which particulars of the application were first published in the Gazette; ...
IV - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 4. ... (4) The forms numbered N1 to N4 in Schedule 2 to these regulations are the forms of notice prescribed for the purposes of section 28 of the Act (and for the purposes of that section as applied by sections 37 (5) and 42 (2) of the Act), by virtue of which applicants are required (with certain exceptions) to publish, and in some circumstances serve, notices with respect to their applications; and any reference in this part to the appropriate section 28 notice in relation to an application is a reference to a notice in that one of the forms mentioned above which is appropriate to the application, or in a form substantially to the like effect. ... 10. ... (2) In the case of any application for a licence (other than a licence of right) in pursuance of which the applicant proposes either to abstract water, or to construct or alter impounding works (or to do both) in the area of a National Park: (a) the river authority, on receipt of the application, shall give notice in writing of the making of the application to the National Park planning authority, or, as the case may be, to each National Park planning authority, in whose area it is proposed to effect or carry out any such abstraction or work (together with a copy of the application and a map sufficient to enable the land which is the subject of the application to be identified), and shall include in the notice a statement to the effect that the planning authority may, if they so desire, make representations in writing with respect to the application in question within a period of 21 days from the date on which the notice is given; (b) the application shall not be determined until after the last date on which representations may be made with respect to it in pursuance of a notice given under this paragraph, and the matters to which the river authority or the Minister, as the case may be, is to have regard in dealing with the application shall include any representations duly made with respect to the application by a National Park planning authority in pursuance of such a notice. ... Form N1 - Notice of Application for Licence to Abstract Water - See Appendix I, page 298. Form N2 - Notice of Application for Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works - See Appendix I, page 299. Form N3 - Notice of Application for a Combined Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works and to Abstract Water - See Appendix I, page 301. Preparing national regulations for water resources management 27
V - PHILIPPINES - Water Rules and Regulations 9. A. Investigation and Studies After seven (7) days from the first day of posting of notice at the office where the application is filed, the office concerned shall determine: 1. The approximate seasonal discharge of the water source; 2. The amount of water already appropriated for beneficial use; 3. The water requirement of the applicant is determined from standards of beneficial use prescribed by the Council; 4. Possible adverse effects on existing grantees/permittees or public/private interest; 5. Environmental effects; 6. Land-use economics; 7. Whether the area to be irrigated can be integrated with that of an existing or proposed irrigation association for common irrigation facilities and 8. Other relevant factors. ...
VI - JAMAICA - Water resources regulations, 1995 24. Procedure on receipt of application for licence (1) On receipt of an application for a licence to abstract and use water the Authority hall cause a notice of the application –- (a) to be published in the Gazette and once in each of two successive weeks in a daily newspaper circulating in Jamaica; and (b) to be served on any person or body who, in the opinion of the Authority, may be affected by the proposed abstraction and use of water. (2) The Authority shall also submit an application referred to in paragraph (1) to any agency or department of government exercising functions in relation to water and such agency or department of government may, within the specified period, make such recommendations as it thinks fit respecting the application. (3) A notice under paragraph (1) shall –- (a) indicate the place at which the application and all documents submitted with it may be inspected by the public, free of charge, at all reasonable hours during the specified period; and (b) state that any person may, within the specified period, make representations to the Authority with respect to the application. (4) In this regulation “specified period” means a period of thirty days or such further period as the Authority may allow from the date on which a notice of the application was, pursuant to paragraph (1) (a), first published in such daily newspaper or, from the date of submission of the application to such department or agency, as the case may be.
VII - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 8. Licence to take or use surface water (1) An application … for a licence to take or use water ("Licence to Take or Use Surface Water") … shall be lodged with the Controller. (2) The Controller may publish in a newspaper circulating in the locality of land to which the application relates a notice, in accordance with Form 12, of the application having been made and if the Controller does so he or she shall forward a copy of the 28 Preparing national regulations for water resources management
notice to the owners and occupiers of any land upstream or downstream of the proposed point of taking of the water which, in the Controller's opinion, may in any way be affected as the result of the granting of the licence. (3) The costs of publication of a notice under subregulation (2) shall be met by the applicant. …
Form 12 – Notice of application – See Appendix I, page 302.
VIII - UGANDA - Water Resources Regulations, 1998 4. Advertisement of application (1) The Director may require an applicant for a water permit, at his cost, to advertise the application for a water permit in such manner as the Director may in writing specify. (2) The Director may request the applicant referred to in subregulation (1), in any notice advertised under that subregulation, to invite submissions on that publication within such period as the Director may in writing specify.
5. Director to consult public authorities on applications The Director shall, after receipt of any application referred to in regulation 3, refer such application to any public authority designated by the Committee for consideration and comments.
Step Four - Deciding on applications
Decisions as to whether to grant or refuse a permit or to grant it subject to terms and conditions departing from the applicant's requirements, are typically left to the discretion of the responsible government decisionmaker, with or without the prescription of a time-limit within which decisions on applications must be arrived at (I–III, and VI). Whilst the law cannot and should not prescribe specific decisions, it can nonetheless orientate the water permit decisionmaking by enumerating the kinds of uses for which a permit may be granted (XII), and by prescribing criteria and factors to be taken into account. Such criteria will, inter alia, provide useful ammunition for challenging a decision on its merits (IV and VII–XI). Also, subsidiary legislation may provide for decisions resulting in the grant of a "temporary" permit, pending further review of the application and a final decision on it (V). Preparing national regulations for water resources management 29
I - KENYA - Water (General) Rules 25. ... (5) The Water Apportionment Board shall consider such application, and may issue a permit on such terms and conditions as it thinks fit, or may refuse it. ...
II - PHILIPPINES - Water Rules and Regulations 11. The Council shall approve or disapprove applications for water permits, within sixty (60) days after receipt of recommendation of its deputized agent and other agencies requested to comment, unless a longer period is needed for the disposition of protests filed with the Council. In cases of application for industrial use or in cases of such other use where waters may become polluted, the Council shall refer the application to the National Pollution Control Commission for comment and recommendation. If deemed necessary, the Council shall refer the application to other agencies concerned as the case may be.
III - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 10. ... (4) The period within which the river authority shall give notice to an applicant for a licence of their decision on his application, or, as the case may be, of the reference of the application to the Minister in pursuance of directions given under section 38 of the Act, shall be the following period from the date of receipt of the application, namely: (a) in the case of an application for a licence of right, a period ending on [31st March 1966]; (b) in the case of an application for a licence other than a licence of right, being an application made before 1st July 1965, a period ending on 30th September 1965; and (c) in any other case, three months. ...
IV - PHILIPPINES - Water Rules and Regulations 20. Except when otherwise justified by type of irrigation system, soil conditions, kind of crop, topography and other factors, water permits for agricultural use shall be granted on the basis of one litre per second per hectare of land to be irrigated.
V - PHILIPPINES - Water Rules and Regulations 26. The Council may grant temporary permits for the appropriation and use of water in situations such as the following. (a) Irrigation of an area pending the construction of a larger system to be operated either by the government or by an irrigation association which will serve said area. Such permit shall automatically expire when water becomes available for the area from the larger system. In cases where the supply from the larger system is not adequate, the permit may be modified accordingly. (b) When there is need to use water for municipal purposes in emergency situations pending the availability of an alternative source of supply as provided in Article 22 of the Code. (c) For special research projects requiring the use of water for certain periods of time; (d) For temporary use of water needed for the construction of roads, dikes, buildings, and other infrastructures; and 30 Preparing national regulations for water resources management
(e) When there are unforeseen delays in the approval of the application and appropriation of water is necessary pending the issuance of a water permit, unless the application is protested. Temporary permits shall be granted by the Council on a case to case basis specifying the conditions and period under which the permit is valid. The Council may delegate the issuance of temporary permits for a period of not exceeding six (6) months and a quantity of not more than 200 litres per second.
VI - UNITED KINGDOM – The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations, 2003 8. Determination of application and notice of determination (1) The Agency shall not determine an application for, or for the variation of, an authorisation relating to a relevant project before the latest date allowed under these Regulations for making representations or concluding any consultation. (2) In determining the application the Agency shall take into consideration the environmental statement, any further information provided, and any representations relating to the environmental effects of the project made to the Agency in accordance with these Regulations. (3) Within twenty-eight days of the decision on the application, the Agency shall publish in those newspapers in which a notice was published under regulation 7 a notice stating that the Agency has granted or refused the application and stating a place and times where any person may inspect - (a) any relevant authorisation or variation; (b) a document containing the relevant decision and the main reasons and considerations on which it is based; and (c) a description, where necessary, of the main measures to avoid, reduce and if possible offset the major adverse effects of the project. …
VII - JAMAICA - Water resources regulations, 1995 4. Matters to be considered by Authority In considering an application for a licence to abstract and use water the Authority shall have regard to –- (a) the provision of the Master Plan , including any amendments made thereto; (b) any recommendations or representation made pursuant to regulation 24 (2) and (3), respectively; (c) the consideration that the satisfaction of the demands of public water supply is a matter of priority; (d) the requirements of the applicant as specified in the application and whether or not he has such financial and technical resources as may be necessary for the enjoyment of the licence; (e) the requirements of other persons who have subsisting licences to abstract and use water; (f) the safeguarding of public health and the environment; (g) the requirements of in-stream uses of the water; and (h) the requirements of land drainage. Preparing national regulations for water resources management 31
5. Authority may grant or refuse licence (1) On consideration of an application the Authority may grant or refuse to grant a licence. … (3) If the Authority refuses to grant a licence, it shall state in writing the reasons for its decision and inform the applicant of his right under the Act to appeal against the decision. …
VIII – VIET NAM - Decree No. 179/1999 Stipulating the Implementation of the Law on Water Resources 9. The granting of permits and the exploitation and use of water resources stipulated in Clause 1, Article 24 of the Law on Water Resources are specified as follows: … (2) Grounds for granting permits: The granting of permits for exploitation and use of water sources must be based on: a) The legislation on water resources and other relevant legislations; b) Plannings for protection, exploitation and use of water sources as well as prevention of and combat against harmful effects caused by water in river basins, and the water conservancy work system plannings: the result of the evaluation of exploration projects and the report on underground water exploration by specialized agencies or specialized councils; c) Actual capacity of water sources, water supply standards and water use demand; d) Proposals of the agency(ies) managing the river basin zoning, and organizations and individuals managing and exploiting water conservancy works. …
IX - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994 5. Issuance of Permit (1) The Appropriate Authority shall issue the requested permit within 60 days, where it is satisfied that the intended use of the water: a) is not detrimental to the interests of other water users but without prejudice to the provisions of Article 7(3) of this Proclamation; and b) does not entail harmful effects on or pollution of the water resources and the environment. (2) Where the Appropriate Authority rejects the application, it shall notify the applicant, in writing, within the time limit specified in sub-Article (1) of this Article, stating the reason thereof.
11. Responsibilities of the Appropriate Authority The Appropriate Authority shall: (1) take the necessary cautionary measures during issuance of permits to avoid excessive allocation or depletion of a water resource; (2) ensure that water resources are utilized in sustainable and most beneficial manner. (3) take necessary measures so that the issuance of water use permit to investors does not adversely affect the interest of peasants in any manner whatsoever; … 32 Preparing national regulations for water resources management
X – UGANDA - Water Resources Regulations, 1998 6. Factors to be taken into account when considering an application The Director shall, when considering an application referred to under regulation 3 of these regulations, take into account the following factors; (a) the existing and projected availability of water in the area; (b) the existing and projected quality of water in the area; (c) any adverse effect which the facility or allocation or use of water under the permit is likely to have on, (i) existing authorised uses of water; (ii) an aquifer or waterway, including effects on land which forms the waterway or its surroundings; (iii) the drainage regime; (iv) the environment, including the riverine and riparian environment; (v) in-stream uses of water. (d) any water to which the applicant is already entitled; (e) the availability of any alternative sources of supply; (f) the need to protect the environment; (g) government policy on conservation; (h) government policy relating to the preferred allocation or use of water resources; (i) any notice published under subsection (1) of section 8 of the Statute; (j) if the application relates to works on a waterway, the safety of those works and the likely effect of the escape of water from those works; (k) any submissions made under subregulation (2) of regulation 41 ; (l) the comments made by a public authority under the provisions of regulation 52 of these regulations.
XI - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 18. Joint interests … (2) The Controller, after considering the application, the objections, if any, and all replies to such objections made by one or more of the joint applicants, shall determine whether or not a licence, permit or consent - (a) shall be granted to the applicants jointly; (b) shall be granted to one or more of the applicants, but not to all the applicants, and may include as a condition of the licence, permit or consent such special conditions concerning the joint and several obligations of the applicants as the Controller thinks fit. …
XII - CANADA – ALBERTA - Water (Ministerial) Regulation, 1998 11. Licence purposes A licence may be issued for any or all of the following purposes: (a) municipal; (b) agricultural; (c) irrigation;
1 See under Step Three – Review of applications (VIII) above. 2 See under Step Three – Review of applications (VIII) above. Preparing national regulations for water resources management 33
(d) commercial; (e) industrial; (f) water power; (g) dewatering; (h) management of fish; (i) management of wildlife; (j) implementing a water conservation objective; (k) habitat enhancement; (l) recreation; (m) water management; (n) any other purpose specified by the Director.
Step Five - Formatting of permits
A decision to grant, in whole or only in part, a proposed water utilization or project results in a legal instrument variably styled permit, licence, authorization or concession - which terms, as already mentioned in the Introduction to this Chapter, will be collectively referred to as "permits". A permit is the instrument of the grant, and at the same time it constitutes and is evidence of, a right to use water, with the limitations specified in the grant. Standard formats of permits may be appended to subsidiary legislation as Forms for the convenience of the responsible government department or agency. Practice with respect to the design of Forms ranges from standard formats of varying complexity and of uniform applicability to all water uses (I and II) to different formats for different uses (VI–VIII) to separate formats for the construction of works instrumental to a use (III). Seldom if ever do permits grant the holder an unfettered privilege to take and utilize water or to implement a project unconditionally. To the contrary, the holder's rights will be qualified by the insertion in the instrument of the grant of terms and conditions. Whilst the framing of such terms and conditions is typically left to the discretion of the permit-granting government authority, standard clauses may be crystallized in the permit Forms (III) or they can be prescribed directly by legislation for express or implied incorporation in the permit (IV–VI, VIII and IX). In addition, permit holders will be subject to a number of obligations spelt out in the legislation as a matter of general applicability to all or particular classes of permit holders, regardless of such obligations being recorded in the permit (these obligations will be reviewed in sub-chapter 3 hereinbelow). 34 Preparing national regulations for water resources management
I - TANZANIA - Water Utilization (General) Regulations, 1975 Form E - Provisional/Final Grant of Water Right - See Appendix I, page 303.
II - MALAWI - Water Regulations, 1969 Form WRB.3 - Grant/Certificate of Water Right - See Appendix I, page 303.
III - KENYA - Water (General) Rules Form WAB.16 - Authorization to Construct Works for the Diversion, Abstraction, Storage or Use of Water - See Appendix I, page 305.
IV - PHILIPPINES - Water Rules and Regulations 13. Water Permits issued by the Council shall be subject to such terms, restrictions and limitations as it may deem proper to impose, and to any, or all of the following conditions: a) That within one (1) year from the receipt of the permit the applicant shall submit to the Council for approval, the plans and specifications for the diversion works, pump structure, water measuring device, and other required structures and in addition for private sector projects the implementing schedules of construction. No construction work or privatesector projects shall commence until the plans, specifications and implementing schedules are duly approved. When the diversion dam is temporary and less than two (2) meters high, the submission of plans for the dam may not be required. b) The construction of the necessary structures and diversion works shall begin within ninety (90) days from the date of receipt of the approved plans, specifications and implementing schedules and shall be completed within the approved schedule unless extended by the Council for valid or justifiable reasons: Provided, that water shall not be diverted, pumped or withdrawn until after such structures and work shall have been inspected and approved by the Council, unless otherwise allowed. Except in cases of emergency to save life or property or repairs in accordance with plans originally approved, the alteration or repair of these structures shall not be undertaken without the approval of the Council. c) The right of a permittee to the Amount of water allowed in the permit is only to the portion or extent that he can use beneficially for the purpose stated in the permit. The diversion of the water shall be from the source and for the purpose indicated in the permit and in no case should said use exceed the quantity and period indicated therein. In gravity diversions, regulating gates of the canal shall be closed when water is not needed. d) The Council may, after due notice and hearing, reduce at anytime the quantity of water or adopt a system of apportionment, distribution, or rotation thereof when the facts and circumstances in any situation would warrant the same in the interest of the public and/or legal appropriators. e) The Council may, after due notice and hearing, revoke the permit in favour of projects for greater beneficial use or for multi-purpose development, subject to compensation in proper cases. f) The Council shall revoke or suspend the permit if the permittee violates effluent/water quality standards as determined by the National Pollution Control Commission. Preparing national regulations for water resources management 35
g) At any time after completion of diversion works and necessary structures, non-use of the water for the purpose stipulated in the permit for a period of three consecutive years shall render said permit null and void, except as the Council may otherwise allow for reasons beyond the control of the permittee. h) Any person in control of a well shall prevent the waste of water therefrom and shall prevent water from flowing onto the surface of the land or into any surface water without being beneficially used, or into any porous stratum underneath the surface. i) Any person in control of a well shall prevent water containing mineral or other substances injurious to the health of humans or animals or to agriculture and vegetation from flowing onto the surface of the land or into any surface or into any other aquifer or porous stratum.
V - MALAWI - Water Regulations, 1969 3. (1) The following covenants on the part of the grantee shall, unless otherwise expressly stated therein, be implied in every grant: (a)to pay the rent reserved by the grant on the day and in the manner therein provided; (b)to erect any works required for the abstraction of water (hereinafter called the "works") in a substantial and workmanlike manner to the satisfaction of the Minister and so as to cause no unnecessary damage or disturbance to the bed, banks or surrounds of the river or stream (hereinafter called the "said river or stream") from which abstraction is authorized; (c)not to discharge or allow to be discharged into the said river or stream: (i)any water of less purity than or of a temperature sensibly differing from the water in the said river or stream, or (ii)any substance or matter which shall prejudicially affect the said river or stream or any fish contained therein which shall be or cause a nuisance; (d)for the purpose of bilharzia and malaria control to keep and maintain the margin of the works and all water channels leading therefrom to an appropriate depth free of all vegetation and to do all other suitable measures that may be necessary to prevent the collection of pools of water in the vicinity of the works; (e)not to assign the grant without the previous consent in writing of the Minister; (f)to indemnify and keep indemnified the Minister against all actions, claims and demands which may be brought or made against the Minister by reason of anything done by the Grantee under the authority of the grant; and (g)within six months after the expiration or prior termination of the grant and if requested by the Minister so to do, to remove the works and to restore the land on which the works were erected to the same or as good a state as it was immediately before the works were constructed or in default of so doing to repay to the Minister such costs and expenses as may be incurred by him in effecting such removal and restoration. (2) For the purposes of this regulation "temperature sensibly differing" shall mean a difference in temperature which can be appreciated by the senses without the use of a thermometer. 36 Preparing national regulations for water resources management
4. The following conditions shall, unless expressly excluded therefrom, be implied in every grant: (a) a grant shall not limit in any way the exercise of the existing or future water rights vested in the Minister nor imply any guarantee that the quantity of water referred to is or will become available; (b) the water used under a grant and returned to any stream or body of water shall not be polluted with any matter derived from the course of the water to such an extent as to be liable to cause injury or damage whither directly or indirectly to the health of the public or to livestock, animals, fish, crops, orchards or gardens by the use of consumption of or irrigation by such water or to any project in the processing of which such water is used; (c) all reasonable precautions shall be taken by the grantee to the satisfaction of the Water Resources Board to prevent accumulation in any river, stream or watercourse of silt, sand, gravel, stones, sawdust, refuse, sewerage, waste or any other substance which may injuriously affect the use of such water; and (d) a grant shall be revokable by the Minister at any time in the event of the non- compliance by the grantee with any of the convenants on his part therein contained or implied.
5. The following additional conditions shall, unless otherwise expressly stated in the grant, be implied in every grant for mining, industrial purposes or generation of power: (a) the water used shall be returned, if reasonably practicable, to the stream or body of water from which it was taken or to such other stream or body of water as the Water Resources Board may direct; and (b) the water used shall, insofar as the use to which it is to be put allows, be returned substantially undiminished in quantity.
VI - JAMAICA - Water resources regulations, 1995 5. Authority may grant or refuse licence … (4) A licence granted under this regulation –- (a) shall be in the form set out as Form B in the schedule; and (b) shall be for such periods as the Authority thinks fit. (5) In addition to the implied term specified in section 23 of the Act, a licence may contain such terms and conditions as the Authority thinks appropriate, including –- (a) the term that the amount of water authorized to be abstracted under the licence may vary according to the availability of excess water; or (b) the condition that certain works should be constructed within a specified time by the person to whom the licence is granted. (6) A licence to which paragraph (1) refers may contain different provisions relating to –- (a) the abstraction of water during different periods; (b) the abstraction of water from the same source of supply but at different points or by different means; (c) the abstraction of water for use for different purposes. (7) Nothing in paragraph (6) shall be construed to preclude a grant by the Authority, if it thinks appropriate in any case, of two or more licences to the same person to be Preparing national regulations for water resources management 37 held concurrently in respect of the same source of supply, if the licences authorize the abstraction of water at different points of the source by different means.
Schedule – Form B – Licence to abstract and use water – See Appendix I, page 306.
VII - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 Form 13 – Licence to take or use surface water – See Appendix I, page 307.
VIII – UGANDA - Water Resources Regulations, 1998 7. Conditions attached to and transfer of water permits (1) The Director may grant a water permit in the forms specified in the Fourth Schedule except that (a) Form C 1 shall be used for Surface Water permits; … (2) In addition to the conditions specified in section 20 of the Statute the Director may attach any or all of the following conditions to a water permit (a) the permit may be granted for a period not exceeding five years; (b) the permit shall be granted subject to such conditions as are relevant to the specified particular types of uses determined by the Committee; (c) conditions relating to the standard of: (i) construction; (ii) dimension; (iii) any other feature of the works; and (iv) any associated works. (d) conditions relating to the future maintenance and operation of the works and any associated works and the date on which operation of these works may commence; (e) the date of commencement of work on the works and the notice required to be given of that commencement; (f) the submission of reports on the carrying out of work on the works; (g) the period within which work on the works must be completed; (h) the qualifications that must be held by any person who is to undertake, design, construct or operate the whole or any part of the works; (i) in the case of works on a waterway, additional works or measures to be undertaken for, (i) the protection and enhancement of in-stream uses of water; (ii) the protection of water and its surroundings; (iii) the maintenance of flow in the waterway, (iv) the maintenance of the drainage regime. (j) in the case of works for a storage of water within a waterway, steps to be taken to maintain the availability of water to satisfy other users; (k) in the case of a borehole, (i) additional works or measures to be undertaken for the protection of other aquifer for the maintenance of the flow of water; (ii) requiring samples of materials excavated from the borehole and of water encountered in the borehole at the time of the excavation to be taken and given to a specified authority; (iii) requiring all or any part of the works to be carried out by or under the direction of the person holding a drilling permit. 38 Preparing national regulations for water resources management
(l) the purposes for which water may be used; (m) the maximum amount of water which may be taken at a particular period or under the circumstances; (n) payment for the water used; (o) the protection of the environment; (p) government policy on conservation; (q) the efficient use of water resources; (r) the manner in which the applicant is to compensate any person whose existing authorised use of water may be adversely affected by the allocation or use of water under the permit; (s) the protection or control of in-stream uses of water; (t) the installation and use of measuring devices or pumps. …
Fourth Schedule – Form C1 – Water permit (Surface water) - See Appendix I, page 308.
IX - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 18. Joint interests … (3) It shall be a condition of every joint licence, permit or consent - (a) that each joint holder is jointly and severally bound by the terms and conditions; (b) that each joint holder is jointly and severally liable for any fees or other amounts payable or which may become payable under the Act; (c) that where one joint holder is convicted of an offence against the Act, each and every joint holder shall be deemed also to have committed the offence and may be convicted of it and shall be liable to the penalty prescribed unless the joint holder proves that he did not know and had no reasonable means of knowing of the commission of the offence at the time of its commission; and (d) that each joint holder is jointly and severally bound to comply with all notices and directions given under the Act, except where the notice or direction relates to any thing, measure or work on the land of one or more, but not all, such holders, in which case the notice or direction shall specify which joint holders shall be bound to comply therewith and are liable for a failure so to do.
Step Six - Recording of decisions and permits
Records of successful applications and of permits issued as a result are generally prescribed by the law, for the government's own future reference and for the information of the public. Records of water use permits are commonly styled "registers", and are made accessible to the public as directed by the law. Registers generally also contain a record of events concerning the permit after its grant (see in this regard sub-chapter 4 herebelow). In addition, the reasons for unsuccessful applications may be Preparing national regulations for water resources management 39 required to be recorded in writing, also for the benefit of the unsuccessful applicant should he contemplate appealing from the relevant decision (see in this regard Step Seven - Appealing from Adverse Decisions herebelow). Subsidiary legislation lays down, or simply clarifies the import of, recording requirements (I and II), and provides the details of formation and contents of, and access to, the prescribed registers (III, IV and V).
I - PHILIPPINES - Water Rules and Regulations 12. Approved applications shall be issued water permits subject to such conditions as the Council may impose. Such permit must bear the seal of the Council and the signature of the Executive Director. A copy of said permit shall be furnished the Office where the application was filed. Disapproved applications shall be returned to applicants through the office where the same was filed, within thirty (30) days of such disapproval, stating the reasons therefor. The Council shall, moreover, furnish periodically all PW Regional Directors, PW District Engineers, and NIA Regional Directors and Provincial Irrigation Engineers, a list of approved water permits granted within their respective areas of jurisdiction.
II - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 10. ... (5) Where the river authority decide to grant a licence subject to conditions or departing in a material respect from the proposals in the application, or to refuse a licence, they shall state their reasons in writing, and the river authority shall send with their decision a notification in (or substantially in) the terms of the relevant notification set out in Schedule 3 to these regulations. ...
III - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 17. (1) The register which, by virtue of section 53 of the Act, is required to be kept by a river authority and to be available for inspection by the public at all reasonable hours shall contain the following information with respect to every application made to the river authority for the grant, revocation or variation of a licence under the Act, namely: … (b) the decision, if any, of the river authority, the date of that decision and brief particulars (including the serial number) of any licence granted, or revocation or variation effected, by virtue of that decision; (c) the decision, if any, of the Minister (whether on the reference of the application to him or on appeal from the river authority), the date of the Minister's decision and brief particulars of any licence directed to be granted (and the serial number of such licence when granted), or of any revocation or variation directed to be effected, in pursuance of that decision; ...
IV - JAMAICA - Water resources regulations, 1995 25. Register (1) The Authority shall keep, in such manner as it thinks fit, a register or registers in which shall be kept a record of : 40 Preparing national regulations for water resources management
(a) every licence granted to abstract and use water; (b) any consent granted for well-drilling; and (c) every well-driller’s licence, and all actions taken under the Act or these Regulations in respect of any such licence or consent shall be entered in the appropriate register. (2) Every register to which paragraph (1) refers shall be open for inspection by the public at the offices of the Authority at all reasonable hours, free of charge, and the Authority shall arrange for copies of any entry in any such register as aforesaid to be provided to any person on his request if he pays such fee as may be prescribed.
V – UGANDA - Water Resources Regulations, 1998 27. Register (1) The Director shall keep a register of any works and uses of water registered under these regulations. (2) The register shall contain the information set out in the Seventh Schedule to these regulations and any other information which the Director may consider appropriate. (3) The Director may revise the register, (a) to take into account any change in the ownership or occupation of land; (b) to correct any error; or (c) to take into account any surrender, cancellation, variation, or alteration of any permit. (4) Subject to this regulation, the Director may keep the register in such forms as the Director considers appropriate.
Seventh schedule – Information to be included in Register of water works and uses – See Appendix I, page 309.
Step Seven - Appealing from adverse decisions
Principal legislation may allow for administrative or judicial review of water allocation decisions, i.e. for a judge in court or for a government administrator ranking higher in the hierarchical ladder to the one who took the decision impugned to screen water allocation decisions for consistency with formal and substantive legal requirements. This review process constitutes an appeal. If water allocation decisions are appealable, subsidiary legislation generally provides the necessary procedural and substantive details as to the filing and disposal of an appeal (I–III and V). Forms for review applications may occasionally be provided (IV). Preparing national regulations for water resources management 41
I - TANZANIA - Water Utilization (General) Regulations, 1975 19. (1) Any person wishing to appeal under section 32 of the Act shall give to the Water Officer and to the appellate authority a notice of his intention to appeal within thirty days of the notification to him of the decision of the Water Officer or the service upon him of the certificate or the grant in respect of which the appeal is to be made or, if he is not a person upon whom the Water Officer is required by the Act or by these Regulations to serve notice of such decision, within thirty days of the decision. (2) Notwithstanding paragraph (1), the appellate authority may, for good cause, extend the period within which notice of appeal may be given.
20. Upon receipt of a notice of intention to appeal and within twenty-one days of the receipt of the notice, the Water Officer shall cause to be prepared and transmitted to the appropriate appellate authority: (a) in the case of an appeal against a decision given in respect of any application, three copies of: (i) a written statement showing the name and address of the applicant and every objector to the application, and the decision appealed against; (ii)the application in respect of which the decision appealed against was given; (iii) the relevant portion of the minutes showing the advice of the Board, if any was given; (iv) any objection which was referred to the Board; (v) all other documents which were considered by the Water Officer in arriving at the decision appealed against; and (vi) a written statement signed by the Water Officer indicating concisely the grounds of the decision appealed against and any conclusion of fact arrived at by him. (b) in every other case, three copies of the documents specified in sub-paragraphs (iii), (v) and (vi) of paragraph (a), together with any notice relevant to the matter served by the Water Officer on the appellant and any representation or statement made by him to the Water Officer.
21. The appellant shall, within twenty-one days after giving notice of appeal, transmit to the appellate authority and the Water Officer three copies of his memorandum of appeal setting out concisely and under distinct and consecutively numbered heads the grounds of his objection to the decision of the Water Officer.
22. (1) Subject to paragraph (2), upon receipt of the memorandum of appeal, the appellate authority shall proceed to consider and determine the appeal. (2) The appellate authority may, if it thinks it desirable, give an opportunity to the appellant to be heard in support of his memorandum of appeal. (3) When the appellate authority decides to hear the appellant in support of his memorandum of appeal, it shall give an opportunity to be heard to (a) the Water Officer; and (b) if the appeal is against the decision of the Water Officer on an application- (i) all objectors to the application if the appellant was the original applicant; or 42 Preparing national regulations for water resources management
(ii) the original applicant is the appellant was an objector to the application. (4) In deciding on the appeal the appellant authority shall not confine its considerations to the grounds of appeal set out in the memorandum of appeal.
22A. (1) The Water Officer shall, in addition to each case where he is required by the Act to give notice, give notice of every decision from which an appeal lies under section 32 of the Act to- (a) the person whose application has been determined by such decision or whose water right, easement, or works have been so affected; (b) all persons who have objected to the application where an application may be objected to; and (c) all persons on whom the Water Officer is required to serve notice of the making of an application. (2) Notwithstanding paragraph (1), the Water Officer may not give notice under this regulation to any person on whom, as a result of the decision, he has already served a certificate or grant under the Act.
II - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 12. (1) Any person who wishes to appeal in accordance with section 39 of the Act against the decision of a river authority on his application for a licence under the Act (or by reason of the failure of the river authority to give notice of their decision or of the reference of the application to the Minister) shall give notice of appeal in writing to the Minister within one month from the date of receipt of notice of the river authority's decision, or of the expiry of the appropriate period (or any agreed extension thereof) specified in regulation 10 (4) of these regulations , as the case may be, or within such longer period as the Minister may at any time allow. (2) Such a person shall provide the Minister with a copy of the following documents: (a) the application for a licence made to the river authority; (b) all relevant maps and particulars submitted to the authority; (c) the notice of the decision, if any; (d) all other relevant correspondence with the river authority. (3)On receipt of the copy of the notice of appeal which the applicant is required by section 39 (2) of the Act to serve on the river authority, that authority shall within a period of 14 days serve a copy of the notice: (a) on each of the persons, if any, who made representations with respect to the application to which the appeal relates within the period allowed in that behalf by the appropriate section 28 notice relating to that application; and (b) on any National Park planning authority who, having been served with notice of the application to which the appeal relates in accordance with the provisions of regulation 10(2) of these regulations, duly made representations with respect to the application. (4) Any person or authority who is served with a copy of a notice of appeal under the preceding paragraph may make further representations to the Minister in writing within a period of 21 days from the date on which the copy of the notice is served on him, and the Minister shall take into account any further representations duly made to him by a National Park planning authority as well as any such representations made to Preparing national regulations for water resources management 43 him by a person referred to in sub-paragraph (a) of the last preceding paragraph.
III - JAMAICA - Water resources regulations, 1995 28. Provisions relating to appeal. (1) Every appeal to the Minister pursuant to section 43 of the Act against a decision of the Authority -- (a) shall be commenced by a notice of appeal which shall be addressed to and served upon the Permanent Secretary; and (b) shall be served within fourteen days of the date of notification of the decision in respect of which the appeal is made. (2) The notice of appeal may be in the form of a letter and shall set forth clearly the grounds of the appeal, and the date upon which the subject matter of the appeal arose, and there shall be attached to such notice copies of any correspondence or other documents or statements verified by statutory declaration of facts relating to the subject matter of the appeal. (3) The appellant shall send a copy of the notice of appeal to the Authority and shall also serve a copy thereof, together with copies of any documents attached thereto, upon the respondent within the same time as a notice of appeal is required under paragraph (1) to be served, and an affidavit verifying such service shall be delivered to the Permanent Secretary. (4) Within seven days of the receipt of such affidavit, the Permanent Secretary may request the Authority to furnish a statement in writing setting out the reasons for the decisions complained of, and the Authority shall comply therewith as soon as practicable after the request is made. (5) The Minister may order that any books, papers or other documents, relating to the subject matter of the appeal which are in the possession of either party shall be produced by the party in possession thereof.
IV - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 4. Review of action or decision of controller (1) An application under section 30 of the Act shall - (a) be in accordance with Form 1; and (b) be made within 30 days after the notification to the applicant of the decision or action it is proposed should be reviewed. (2) Where a Review Panel is convened for the purpose of advising the Minister on a matter to be reviewed, the Chairman of the Panel shall, in accordance with Form 2, cause details of the date, time and place at which the Panel will meet to consider the matter to be advised to the applicant. (3) Where 2 or more applicants seek reviews on similar grounds in respect of matters concerning land in the same general locality, the Review Panel may consider the matters together.
Schedule – Form 1 – Application for review of decision or action – See Appendix I, page 311. Form 2 – Notification of hearing of water resources review panel – See Appendix I, page 312. 44 Preparing national regulations for water resources management
V – UGANDA - Water Resources Regulations, 1998 9. Appeal (1) A person who is dissatisfied or aggrieved by a decision of the Director in connection with the grant or renewal of a permit may, within one month from the date on which the Director's decision is communicated to him, appeal, in writing, to the Minister against the decision of the Director. (2) The Minister shall, within twenty one days of receipt of the appeal, consider and determine the appeal or refer the appeal to the Committee. (3) Where an appeal is referred to the Committee under subregulation (2) of this regulation, the Committee shall consider the appeal and make written recommendation to the Minister within one month from the day the matter is referred to it by the Minister. (4) The Minister shall, after receiving the recommendations of the Committee, consider and determine the matter within seven days from the date of receipt of the recommendations. (5) In the determination under subregulation (4) of this regulation, the Minister shall take into account the recommendations of the Committee.
3. GENERAL OBLIGATIONS OF PERMIT HOLDERS
In addition to being subject to the terms and conditions spelt out in the permit, permit holders may also be subject to obligations of general applicability to all of them. These obligations are generally laid down in subsidiary legislation, or, in the alternative, this may provide details of implementation of obligations laid down in the principal legislation. These obligations can either be immediately operational or be engaged by the government's act of requesting a given permit holder to comply with a given obligation. The following are matters typically covered by such obligations:
Status of existing works if permit or activities under a permit cease
When a permit ceases because of cancellation, expiry of the term of duration, or renunciation by the permit holder, this is generally placed under an obligation to dispose of existing works as directed by the responsible government agency. Preparing national regulations for water resources management 45
I - KENYA - Water (General) Rules 59. The Water Apportionment Board may, within six months of the cancellation or determination of a licence, sanction or permit, serve upon the operator or former operator whose licence, sanction or permit has been cancelled or determined an order for the disposal of all or any portion of the works previously used under the authority of the licence, sanction or permit. 60. Any person who fails to comply with any order made under rule 59 of these Rules shall be guilty of an offence.
II - MALAWI - Water Regulations, 1969 3. (1) The following covenants on the part of the grantee shall, unless otherwise expressly stated therein, be implied in every grant: ... (g) within six months after the expiration or prior termination of the grant and if requested by the Minister so to do, to remove the works and to restore the land on which the works were erected to the same or as good a state as it was immediately before the works were constructed or in default of so doing to repay to the Minister such costs and expenses as may be incurred by him in effecting such removal and restoration.
Taking of records of water intakes
Requirements in this regard may be in the form of a legal prescription or standardized in special forms.
III - KENYA - Water (General) Rules 88. If required by the Water Apportionment Board, a full and correct record, in such manner as the Board may from time to time require, shall be kept by the operator of all water abstracted, diverted or stored, giving the date, time and quantity and methods of such abstraction, diversion or storage, and the purpose or purposes for which such water was used, and such records shall be furnished to the Water Apportionment Board at such times as it may demand them.
IV - JAMAICA - Water resources regulations, 1995 22. Power to require installation of measuring devices, information. (1) The Authority may, by notice in writing, require any person who –- (a) is the holder of a licence issued under regulation 5 to abstract and use water; or (b) is entitled to abstract and use water without a licence in pursuance of the provisions of section 19 (2) of the Act, to install and maintain such measuring devices, to keep such records, and to furnish in such form and manner and within such time as may be specified in the notice, such periodical or other returns or information as may be specified in the notice. 46 Preparing national regulations for water resources management
(2) Any person on whom a notice is served under paragraph (1) and who considers that the directions contained in the notice are unreasonable or unduly onerous may make representations to the Minister with respect to them; and the Minister after consultation with the Authority may, if he thinks fit, direct the Authority to revoke or modify them. (3) Any person who fails to comply with a notice under this regulation shall be liable to the penalties specified in section 44 (2) of the Act.
Restraining the intake of water
A permit may be qualified by reference to the permit holder's ability to make a "beneficial" use of the water he is entitled to under a permit. An obligation of corresponding scope has the effect of constraining the permit holder's entitlement, however quantified.
V - KENYA - Water (General) Rules 82. Notwithstanding the quantity of water granted by his licence, sanction or permit, as the case may be, no operator shall divert more water from any body or bodies of water than can for the time being be beneficially used by him in accordance with the terms of his licence, sanction or permit, as the case may be. 83. Having due regard to the priority of the purpose for which the water is granted, an operator shall, on being so directed by the Water Apportionment Board or a water bailiff, divert the quantity of water which may be necessary for his purpose at such times and under such system of rotation with other operators on the same body of water, or other body of water, as may, in the opinion of the Water Apportionment Board or water bailiff, secure the most economical use of water.
Construction, operation and maintenance of works instrumental to a permit
The administrative regulation of the construction, operation and maintenance of works which are instrumental to the operation of a permit, ranging from a simple weir placed on the banks of a river to divert part of the flow, to structures damming the flow of a river, is attracted by the regulation of permits for water resources abstraction, impoundment and use reviewed earlier in this chapter, at 2. The granting of permits for the use of water (for the construction and operation of wells for the exploitation of groundwater resources, see Chapter III on GROUNDWATER DEVELOPMENT AND CONSERVATION). However, specific Preparing national regulations for water resources management 47 administrative requirements may be provided in relation to the timely completion of construction, inspection of completed works, and to the safety and repair of authorized works, as in the two examples given.
VI - KENYA - The Water Act, 2002 2. Interpretation (1) In this Act, unless the context otherwise requires –- “works” means any structure, apparatus, contrivance, device or thing for carrying, conducting, providing or utilising water or liquid waste, but does not include hand utensils or such other contrivances as may be prescribed by rules made under this Act;
Second Schedule - Conditions Relating To Construction Of Works 1. Meaning of "authorised works" In this Schedule, "authorised works" means works the construction of which is authorised by a permit.
2. Inspection of works during construction Any authorised works may, if the Authority so determines, be inspected during construction by its officers.
3. Works to be made secure (1) Upon any inspection made under this Schedule, the Authority may order the permit holder to make any addition or alteration which it considers necessary for the security of any authorised works, whether completed or in the course of construction. (2) If such an order is not complied with to the satisfaction of the Authority within such period as it may specify, the permit authorising construction of the works may be cancelled or modified by the Authority. … 5. Completion certificate and inspection (1) Upon the expiration of the time limited by a permit for the construction of works authorised by the permit, or before the expiration of that time, if the construction be sooner completed, the permit holder shall submit a completion certificate in the prescribed form. (2) Thereupon an inspection may be made, by an officer appointed for the purpose by the Authority, to ascertain that -- (a) the works have been completed in accordance with the permit; (b) the easements, if any, for the works have been obtained; (c) agreements, if any are necessary. have been entered into for the supply of water for utilization on lands which are not the property of the permit holder or for the drainage of lands; and (d) the works as constructed are of the required capacity. (3) If construction is not completed within the time limited by the permit. a progress report shall be submitted in lieu of a completion report, and the permit holder may apply for an extension of time. (4) An extension of time under subparagraph (3) may be refused or may be sanctioned upon such terms as the Authority may specify. 48 Preparing national regulations for water resources management
6. Forfeiture of rights if works not completed within time allowed Upon the expiration of the time limited by a permit for the construction of works authorised by the permit, or by any extension of that time, the rights granted to the permit holder under the permit shall cease and determine, and any works constructed, erected, fixed or acquired at the date of such determination may be taken over and operated, or disposed of, in such manner as the Authority may specify.
7. Works to be kept in repair Every permit holder shall maintain and retain his works in a good, proper and workmanlike manner to the satisfaction of the Authority, so that -- (a) they are, at all times, of sufficient strength and capacity for the fulfilment of the purposes for which they were constructed; and (b) no damage occurs to any road, property or work in their vicinity.
VII - JAMAICA - Water resources regulations, 1995 6. Provisions as to certain conditions in licence (1) Where a licence is granted under regulation 5 subject to the condition that specified works should be constructed within a specified period, the Authority may, on the expiration of that period, extend the period for the construction of the works if the person to whom the licence was granted so requests. (2) On the expiration of the specified period referred to in paragraph (1) or of such extended period as may be granted under that paragraph or on completion of the works, if that is earlier, the Authority shall cause the works to be inspected for the purpose of satisfying itself that the works have been properly constructed.
Return of excess and "return" flow
Return of after use water flow - as opposed to return of excess, unused water - has a dual connotation. On the one hand, the so-called "return flows" may have an impact on the water balance overall of the receiving river or other hydrological system, inasmuch as such flows replenish the quantities of water in the system they are returned to. On the other hand, return flows may have an impact also on the quality of the system waters they are returned to. In view of the distinctive traits of this latter aspect of return flows, its treatment in subsidiary legislation has been separately presented in Chapter II on CONTROL AND PREVENTION OF WATER POLLUTION. The examples which follow herebelow deal with the "quantitative" aspect of return flows and with excess, unused water (VIII and IX). Preparing national regulations for water resources management 49
VIII - MALAWI - Water Regulations, 1969 5. The following additional conditions shall, unless otherwise expressly stated in the grant, be implied in every grant for mining, industrial purposes or generation of power: (a) the water used shall be returned, if reasonably practicable, to the stream or body of water from which it was taken or to such other stream or body of water as the Water Resources Board may direct; and (b) the water used shall, insofar as the use to which it is to be put allows, be returned substantially undiminished in quantity.
IX - KENYA - Water (General) Rules 68. An operator shall, at his own expense, construct, secure and maintain to the satisfaction of the Water Apportionment Board, or of any person appointed by it for the purpose, all works necessary for the passage of waste and superfluous water flowing from any works constructed by him, and shall, unless anything to the contrary is endorsed on his licence, sanction or permit, as the case may be, return the said waters to the same body of water from which it was originally diverted or abstracted.
Other matters
X - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994 9. Obligations of Permit Holders Any permit holder has the obligation: 1. to use the water only for the authorized purpose; 2. to pay water charges on time; 3. to take due care, in accordance with the relevant directives, so that the water works constructed by him cause no harm to persons or property; 4. to take the necessary care, in accordance with the relevant directives, so that effluent discharged or flowing from the project cause no harm to persons or property or pollution to the environment. 5. to submit on time information required by the Appropriate Authority; 6. to observe laws, regulations and directives relating to water resources.
4. MANAGEMENT OF PERMITS
Water allocation decisions are crystallized in permits, but are not cast in concrete as a result. Circumstances may change. A new national or regional water master plan may come into being, requiring adjustments in the water 50 Preparing national regulations for water resources management resources allocation pattern as crystallized in as many permits as are in operation at any given point in time. Or a prospective user may seek water which has already been allocated under a permit. If the utilization applied for is regarded by the government decisionmaker as preferable to the one which already exists, it may be necessary to sacrifice the latter. Or a drought or other emergency may strike, forcing the government to curtail allocations under the existing permits (see on this particular score IV and VII). The permit holder himself may request that his permit be amended in certain respects, or he may decide to relinquish it before its expiration date. On expiration of his permit, a permit holder may wish to have it continue for an additional term. In all these cases, the government department or agency in charge of administering the permit system has to be in a position to react to change, and to adjust permits to the new circumstances - in other words, it must have at its disposal the legal machinery necessary to "manage", on its own motion or also at the permit holder's request, all permits outstanding at any particular time. Such machinery typically consists of the review and variation of the terms and conditions of permits; the suspension or cancellation of a permit under given circumstances including, in particular, for breach of legal provisions (this particular aspect of permit cancellation is investigated at sub-chapter 11 herebelow); the renewal of permits on expiration; and the transfer of a permit from one water user to another. All these mechanisms are cast in the legislation under the guise of a grant of corresponding authority to the government department or agency concerned. Such grant is generally found in the principal legislation and is qualified so as to protect the holder of a permit from undue governmental interference with his rights under the permit. As already intimated above, permit management mechanisms can be activated at the request of the permit holder, or at the initiative of the government department or agency responsible for administering the permit system.
Subsidiary legislation typically provides procedural and substantive requirements and relevant standard formats of permit management mechanisms (i.e. renewal of permits: X, XI, XIII and XIV; variation of permits: V, VII, VIII, XI, XII and XIII; suspension and cancellation of permits: I–VII, IX and XI–XIII). In addition, it may clarify certain legal side effects of permit management action taken by the government - or of action taken unilaterally by the permit holder (II). Provisions as to the recording of permit management action taken in the registers of permits, and as to appeals from such action tend to appear in context with general provisions on such registers and appeals, respectively (see sub-chapter 2, under Steps Five and Six above). Preparing national regulations for water resources management 51
I - KENYA - Water (General) Rules 56. (1) Every permit to develop an amount of power less than the full power potential of the site may be subject to special conditions if the Water Apportionment Board consider that the full power development of the site at a later date may be required. (2) If an existing operator is unable, or unwilling, to enlarge his works to develop the full power potential of the site, and it is considered by the Water Apportionment Board to be in the public interest to do so, the Water Apportionment Board may cancel the licence, sanction or permit and authorize the works to be carried out by another person. (3) When action is taken under paragraph (2) of this rule, the former operator shall be entitled to a supply of power from the new operator at a price and under conditions equivalent to those existing before the cancellation of the licence or permit. (4) For the purpose of ascertaining the power developed or capable of development under any licence or permit, the Water Apportionment Board shall have free access to all books, plans and records bearing on the quantity of power developed, and may do such other things as may be necessary for such purpose.
II - KENYA - Water (General) Rules 58. Abandonment or cancellation of a licence, sanction or permit or any part thereof shall not have the effect of relieving the owner of the land or undertaking to which the licence, sanction or permit is or was appurtenant of liability for any damage resulting from the works constructed, operated or maintained by the operator, or from any defect or insufficiency in the works.
III - PHILIPPINES - Water Rules and Regulations 18.Any permit issued pursuant to these rules may be revoked by the Council, after due notice and hearing, for any of the grounds provided herein or in the Code.
85.Water Permits or other rights to use the water may be revoked or suspended summarily by the Council if any of the following facts and/or conditions exists: (a) That the suspension/revocation will redound to greater public interest, public health and safety; (b) That the acts complained of are grossly illegal per se; (c) That the violative act is the second offense on record involving the same infraction; (d) That the non-observance of or non-compliance with the rules, order or regulation is willful and deliberate; (e) When there is a prima facie showing that the non-observance of any standard for the beneficial use of water or non-compliance with any of the terms or conditions in a water permit or water rights grant is prejudicial to the life and property of third person; (f) When the suspension or revocation thereof is sought by an injured party, provided he files a bond to cover any damage which may be sustained by the permittee or grantee arising from such summary revocation/suspension; (g) In times of emergency, where there is a prima facie showing that the use of water by the permittee/grantee is wasteful; 52 Preparing national regulations for water resources management
(h) When health authorities so recommend to prevent or control the spread of disease due to inadequate facilities; (i)When in a decision of a competent court the revocation or suspension of the water permit or grant is ordered or recommended; and (j) Such other serious offenses or gross violations and infractions as the Council may decide.
IV - PHILIPPINES - Water Rules and Regulations 85.Water Permits or other rights to use the water may be revoked or suspended summarily by the Council if any of the following facts and/or conditions exists: … (g) In times of emergency, where there is a prima facie showing that the use of water by the permittee/grantee is wasteful; …
V - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 9. In relation to any application under section 42(2) of the Act (which provides that the holder of a licence under the Act may apply to the river authority to vary the licence), regulations 5 to 8 of these regulations1, except the provisions relating to publication and service, as required, of the appropriate section 28 notice (which shall be in, or substantially in, the form N4 in Schedule 2), shall not apply; and the said provisions relating to the appropriate section 28 notice shall not have effect in any case where the variation proposed by the applicant is limited to reducing the quantity of water authorised to be abstracted in pursuance of the licence during one or more periods.
18. The notice which is required by section 43(3) of the Act to be served and published with respect to any proposals for revoking or varying a licence, formulated by a river authority under that section, shall be in the form of the notice prescribed for this purpose in Schedule 2 to these regulations (and therein numbered N5), or in a form substantially to the like effect.
19. The notice which is required by section 47(3) of the Act to be served with respect to an application made to the Minister by an owner of fishing rights under that section for the revocation or variation of a licence to abstract water from an inland water, shall be in the form of the notice prescribed for this purpose in Schedule 2 to these regulations (and therein numbered N6), or in a form substantially to the like effect. ...
Form N4 - Notice of Application to Vary *(a Licence to Abstract Water) (a Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works) (a Combined Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works and to Abstract Water) (an "Alternative Statutory Provision" Authorising the Obstruction or Impeding of the Flow of an Inland Water by Means of Impounding Works) - See Appendix I, page 312.
1 See sub-chapter 2 above, Step One – Filing of an application under the heading Supporting documents (III). Preparing national regulations for water resources management 53
Form N5 - Notice of Proposals for *(Revoking) (Varying) (a Licence to Abstract Water) (a Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works) (a Combined Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works and to Abstract Water) (an "Alternative Statutory Provision" Authorising the Obstruction or Impeding of the Flow of an Inland Water by Means of Impounding Works) - See Appendix I, page 314. Form N6 - Notice of Application by Owner of Fishing Rights for *(Revocation) (Variation) of a Licence to Abstract Water - See Appendix I, page 316.
VI - MALAWI - Water Regulations, 1969 4. The following conditions shall, unless expressly excluded therefrom, be implied in every grant: ... (d) a grant shall be revokable by the Minister at any time in the event of the non- compliance by the grantee with any of the covenants on his part therein contained or implied.
VII - LESOTHO - Water Resources Regulations, 1980 2. The Water Officer appointed under section 5 (4) shall: ... (d) In times of drought, or in the public interest, on the advice of the Minister, may revoke or vary water use permits.
VIII - NEPAL - Irrigation Regulation, 1989 7.4 Approval to be taken for Decreasing or Increasing the Quantity of Water: 7.4.1 An institution obtaining the licence pursuant to Rule 7.2 shall, if it requires to decrease or increase the quantity of water fixed in the licence, submit an application to that effect to the District Irrigation Office along with the justification for it. 7.4.2 Upon receipt of application pursuant to sub-rule 7.4.1, the Chief of the District Irrigation Office may, after making necessary enquiries on it, give his approval for such decrease or increase, provided that it does not cause adverse effect to the irrigation or any other use of water being made by systems operated within that area by any other individual, group organization or project. The fact of giving such approval shall be mentioned by the Chief of the District Irrigation Office in the record book as well as in the licence.
IX - NEPAL - Irrigation Regulation, 1989 7.5 Notification to be Given for Deleting the Name from the Record Book of Licence: 7.5.1 In case an institution obtaining the licence pursuant to Rule 7.2 is not desirous to use the water resources as mentioned in the licence, it shall give a notice in writing, for deleting its name from the record book of Licence, to the Chief of the District Irrigation Office within thirty five days from the date of such decision made by the institution. 7.5.2 In case an information is received pursuant to sub-rule 7.5.1, and if the Chief of the District Irrigation Office, after making necessary enquiry, finds that such institution has ceased to use the water resources, he shall cancel the licence within a 54 Preparing national regulations for water resources management
period of three months and record such cancellation in the record book. 7.5.3 An institution whose licence and record of licence has been cancelled pursuant to sub-rule 7.5.2, shall not be obliged to pay an annual fee imposed under Rule 7.3.
X - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 15. Renewal of permit or licence Where a person applies not later than one month before the expiration of a permit or licence for the grant of a new permit or licence referred to in regulation 5, 6, 8 or 10 amounting to a renewal of the existing one, regulation 5(2), 6(2) or 8(2), as the case may be, does not apply to or in relation to the application.
XI - JAMAICA - Water resources regulations, 1995 8. Renewal of licence (1) A licence granted under regulation 5 may, on its expiration, be renewed by the Authority if (a) the person to whom it was granted applies to the Authority for renewal of the licence not later than six months before the date on which the licence expires; and (b) the Authority is satisfied that there has been no material change in the circumstances which existed at the time the licence was first granted that would justify dealing with the application in the manner specified in paragraph (2). (2) Where the Authority (a) after the time specified in paragraph (1) (a), receives an application for renewal of a licence; or (b) determines that a material change of circumstances has occurred since the licence was first granted. it shall deal with the application as if it were a fresh application made under regulation 3 and accordingly, all the provisions of this Part relating to the application for a licence shall apply.
9. Revocation etc. of licence on application of licensee (1) On the application of a person to whom a licence was granted under regulation 5, the Authority may (a) revoke or suspend the licence, subject to such terms and conditions as the Authority may impose for the purpose of protecting waters, the environment or public health; or (b) subject to paragraph (2), vary the licence. (2) In considering an application for the variation of a licence, the Authority shall have regard to the matters specified in paragraphs (a) to (h) of regulation 4, unless the variation applied for is restricted to reducing the quantity of water authorized to be extracted under a licence.
10. Revocation, suspension of licence for breach of Act (1) Subject to paragraph (2), the Authority may, by notice addressed to the person to whom a licence was granted under regulation 5, revoke the licence or suspend it for such period as the Authority thinks appropriate if it is satisfied Preparing national regulations for water resources management 55
(a) that a breach of any provision of the Act or of these Regulations or of any term or condition subject to which the licence was granted has been committed; or (b) that there has been waste or misuse of the water which may be abstracted under the licence. (2) Except as provided in paragraph (3), the Authority shall, before revoking or suspending a licence. serve on the person to whom the licence was granted a notice in writing (a) specifying the breach or default on which the Authority relies and requiring him to remedy it (if it is capable of remedy) within such time as may be specified in the notice; and (b) informing him that he may apply to the Authority to be heard on the matter within such time as may be specified in the notice. (3) The Authority shall not be obliged to serve a notice pursuant to paragraph (2) in relation to any breach or default if an enforcement notice pursuant to section 43 of the Act is in effect in relation to such breach or default.
11. Revocation of licence granted for use of excess water (1) Where a licence has been granted under regulation 5 conditional on the availability of excess water, then such licence shall have effect only so long as excess water is available for abstraction and use in accordance with that licence; and accordingly, where it becomes apparent to the Authority that such excess water will become unavailable for abstraction and use under any licence granted as aforesaid, the Authority shall notify the holder of the licence in writing of the date (not being less than thirty days from the date of service of the notice) on which the revocation of the licence shall take effect. (2) In paragraph (1) "excess water" means such of the flow of a river, stream or watercourse which, after satisfying the requirements of persons who are entitled under the Act to abstract and use the water of that river, stream or watercourse, would ordinarily run to waste.
12. Revocation, variation of licence for non-use (1) Where the Authority is of the opinion that the person to whom a licence was granted under regulation 5 has not made full use of the licence during the preceding eighteen months, it may by notice sent by registered mail to that person call upon him to show cause in writing within sixty days of the date of service of the notice why the licence should not be revoked or varied in the manner specified in the notice and informing him of his right to be heard in the matter within the period specified in paragraph (3). (2) The Authority shall (a) consider any statement submitted pursuant to paragraph (1); (b) if so required, give the person who made the statement an opportunity to be heard whether in person or by his legal representative; and (c) thereafter declare whether the licence is revoked, varied in such respects as may be specified, or whether it should be unchanged. (3) If within sixty days of the date of service of the notice referred to in paragraph (1) the person to whom the notice was sent does not submit to the Authority a statement 56 Preparing national regulations for water resources management
in writing of the reasons why the licence should not be revoked or suspended, the Authority may declare the licence revoked or varied, as the Authority thinks fit, and shall send to such person by registered mail a notice of that declaration.
13. Revocation, variation, suspension of licence to accommodate other user (1) If the Authority is satisfied that a licence granted under regulation 5 should be revoked, suspended or varied so as to accommodate the needs of another user of the water to which that licence relates, it may revoke or vary the licence by notice in writing addressed to the holder, and thereupon the licence shall be revoked or shall have effect only as so varied, as the case may be. (2) A person whose licence has been revoked, suspended or varied pursuant to paragraph (1) is entitled to receive compensation from the user whose needs for the water have been accommodated and. in the absence of agreement between them, the amount of compensation shall be determined (a) if the amount claimed does not exceed $10,000 by a Resident Magistrate's Court; or (b) in any other case, by a Judge in Chambers.
14. Substitution of supply or source of water (1) Subject to any powers exercisable under the Act in relation to an emergency area, if the Authority is of the opinion that it is in the best interests of the management, conservation, development and use of the water resources it may, in relation to any licence granted under regulation 5, substitute a supply or source of surface water for a supply or source of underground water, and vice versa. (2) If the substitution is made for the purposes of accommodating the needs of another user of water, the Authority in exercising its powers under paragraph (1) may stipulate that compensation be paid by that person to any person whose licence has been varied on account of the substitution and if there is no agreement as to the amount of compensation, the matter shall be determined in the manner specified in regulation 13.
15. Variation of licence for certain other purposes If the Authority considers it necessary in the public interest, it may vary a licence to abstract and use water in respect of the points or methods of abstraction, or both, for the purpose of (a) protecting the source of water to which the licence relates from depletion or pollution; (b) ensuring the efficient allocation and use of water; or (c) protecting the rights of third parties, and no liability shall attach to the Authority by reason of such variation nor shall the liability of the holder of the licence to pay any charge or fee be affected.
XII – VIET NAM - Decree No. 179/1999 Stipulating the Implementation of the Law on Water Resources 9. The granting of permits and the exploitation and use of water resources stipulated in Clause I. Article 24 of the Law on Water Resources are specified as follows: … 3. Use duration of permits: Preparing national regulations for water resources management 57
a) Permits for exploitation and use of surface water shall be valid for 20 years; permits for exploitation and use of underground water shall be valid for 15 years; b) When a use permit expires, the agency competent to grant such permit shall decide its extension, but each extension must not exceed 10 years: c) The duration of a permit may be changed in one of the following cases: - The water source is incapable of ensuring the normal water supply: - The volume of exploited underground water exceeds the prescribed level, thus leading to deterioration or depletion, or underground water source is seriously polluted: - The water use demand is on a sharp rise, but no measure has been taken to treat or supplement water source: - Other extraordinary circumstances occur under which the water exploitation and use must be restricted.
4. Withdrawal and suspension of permits: The withdrawal and suspension of validity of water exploitation and use permits shall be effected in the following cases: a) Organizations and individuals that exploit and use water breach contents stipulated in their permits; b) Organizations and individuals that exploit and use water violate provisions in Article 23 of the Law on Water Resources; c) Organizations and individuals that exploit and use water are dissolved or declared bankrupt; d) Permits have been granted ultra vires; e) Permits have been left unused for I year without any plausible reasons; f) When the competent State agencies deem it necessary to withdraw or suspend the validity of permits for defense or security reasons, or for national or public interests. …
XIII - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994 6. Duration and Renewal of Permit (1) The Appropriate Authority shall, at the time of issuing a permit, determine the duration of the permit taking into account the nature of the project. (2) The holder of a permit may apply for renewal of the permit six months prior to its expiry date. (3) The Appropriate Authority shall renew the permit for such period as it may determine, where it finds that the holder has fulfilled his obligation under the permit and the conditions laid down under Article 5(1) of this proclamation. (4) Where an application or renewal of permit is rejected, the Appropriate Authority shall notify, in writing, the permit holder in the manner prescribed under Article 5(c) of this proclamation.
7. Amendment and transfer of Permit (1) The permit holder may apply for the amendment of the permit in order to decrease or increase the volume of water permitted or to use the water for other purposes. 58 Preparing national regulations for water resources management
(2) Upon receipt of an application under sub-Article (1) of this Article, the Appropriate Authority shall decide on the application on the basis of the provisions of Article 5(1) of this proclamation. (3) The Appropriate Authority may, on its own initiative, amend a water use permit where a re-adjustment of allocation of water becomes necessary due to changes in environmental conditions, increase in the demand for water uses or due to any other satisfactory ground; provide, however, that the permit holder shall be compensated for damages resulting from the amendment except where the amendment is caused by changes in environmental conditions. (4) A water use permit may be transferred to another person upon the approval of the appropriate authority.
8. Suspension and Revocation of Permit The Appropriate Authority may suspend or revoke water use permit on any one of the following grounds: (1) failure to observe obligations arising from the permit; (2) wasteful use of water or misuse in any other manner; (3) failure to comply with directives issued for the protection of public health, the environment and water quality control; (4) failure to commence utilizing the allocated water for four months without good cause; (5) submission of false or misleading information relating to the permit; (6) transfer of the permit to another person without the permission of the Appropriate Authority; (7) voluntary surrender of the permit by the holder.
XIV – UGANDA - Water Resources Regulations, 1998 8. Renewal of water permits (1) A holder of a water permit granted under regulation Renewal of 3 or 10 may before the expiry of his or her permit, apply to the Director for the renewal of the permit. (2) An application under subregulation (1) of this regulation shall, (a) be made in a form and manner determined in writing by the Director; (b) contain such information as the Director may specify; (c) be accompanied by the fee specified in the Second Schedule to these regulations. (3) The Director shall, in considering an application referred to under this regulation, take into account the factors specified in regulation 6 of these regulations. (4) Where the Director renews a permit he or she may subject to these regulations, renew such permit on such terms and conditions, as he or she may determine. Preparing national regulations for water resources management 59
5. TRADING OF PERMITS
The trading of permits through market-type transactions is a policy issue which is generally addressed in primary legislation. Trades may only be permitted between landowners in an irrigation district. Alternatively, permits may be separated from land, and be transferred to non-landowners. In the example below, subordinate legislation prescribes the administrative details and requirements for the perfection of transactions between landowners in the same irrigation district, or in two different irrigation districts.
AUSTRALIA - VICTORIA - Water (Permanent Transfer of Water Rights) Regulations, 2001 7. Permanent transfer of water rights (1) An application for approval of the permanent transfer of water rights to the owner or occupier of another holding within the same irrigation district or within another irrigation district must be in the form set out in Schedule 3 and must, in addition to the requirements of the Act, be accompanied by- (a) a notice of agreement in the form set out in Schedule 4; and (b) a notice of consent in the form set out in Schedule 5, for the holder of each prescribed interest in the holding; and (c) the relevant fee prescribed in Schedule 7. (2) An application for approval of the permanent transfer of water rights to the owner or occupier of any land outside an irrigation district must be in the form set out in Schedule 6 and must be accompanied by- (a) the things referred to in paragraph (b) and where applicable paragraph (c) of sub-regulation (1); and (b) in the case of a transfer to land elsewhere in Victoria a copy of an application under section 51 of the Act to take and use an equivalent volume of water to that proposed to be transferred; and (c) in the case of a transfer to land in another State under section 226AA of the Act, an application for an entitlement in that other State.
8. Procedure with respect to applications (1) An application referred to in regulation 7(1) must be made to the buyer's Authority and, if the buyer's Authority is different from the seller's Authority, then- (a) the buyer's Authority must give to the seller's Authority a copy of the application accompanied by the relevant fee prescribed in Schedule 7; and (b) the seller's Authority must inform the buyer's Authority within 28 days after receiving the copy of the application whether it has any objections to the proposed transfer; and (c) if the application is approved, the two Authorities must make all necessary arrangements between them to implement the transfer. (2) An application referred to in regulation 7(2) must be made to the seller's 60 Preparing national regulations for water resources management
Authority.
12. Restriction on approval of certain applications An application referred to in regulation 7(2) must not be approved unless the application referred to in regulation 7(2)(b) or 7(2)(c) has been approved.
14. Other terms and conditions An Authority must not approve a transfer unless it is satisfied- (a) that the buyer's land has adequate works for the supply of water; and (b) that existing levels of service can be maintained unless, after consultation with the relevant Advisory Committee, it dispenses with this requirement in the particular case.
Schedule 3 – Form - Application for approval of permanent transfer of water rights within an irrigation district or to another irrigation district (Buyer's Authority) – See Appendix 1, page 317. Schedule 4 – Form - Notice of agreement for permanent transfer of water rights (seller's authority) – See Appendix 1, page 317. Schedule 5 – Form - Notice of consent to the permanent transfer of water rights (seller's authority) – See Appendix 1, page 318. Schedule 6 – Form - Application for approval of permanent transfer of water rights outside an irrigation district (seller's authority) – See Appendix 1, page 319. Schedule 7 – Form - Prescribed fees – See Appendix 1, page 320.
6. SUCCESSION TO PERMITS
The question of succession to permits is of general relevance when permits are regarded as appurtenant to a given piece of land they "serve". This is typically, but not exclusively, the case of permits for the abstraction and use of irrigation water. What the status of a permit is if the permit holder dies, or if the land the permit "serves" is sold or transferred or is divided up into separate holdings, are typical issues dealt with in subsidiary legislation both on substantive grounds complementary to those covered by principal legislation (I, II and IV), and through the provision of standard Forms in aid to principal legislation (III and V).
I - UNITED KINGDOM - Water Resources (Succession to Licences) Regulations 1969 2. Interpretation (1) In these regulations, unless the context otherwise requires: Preparing national regulations for water resources management 61
"successor" means a person who becomes the occupier of any land formerly occupied by the holder of a licence under the Act to abstract water for use on specified land consisting of, or comprising, the land in question; and in relation to any successor and to his entitlement under the regulations: "the original holder" means the last preceding occupier of the land in question, who, immediately before he ceased to be the occupier, held a licence under the Act to abstract water for use on that land, with or without other land; "the original licence" means the original holder's licence as it has effect for the purposes of the successor's entitlement at the time when he becomes the occupier of the land in question, or, if the relevant provisions of that licence are then contained in a new licence which has been substituted therefor in pursuance of the regulations, means that substituted licence; "the original land" means all the land of which the original holder was the occupier immediately before the relevant event, in so far as it was, or formed part of, the land then specified in the original licence as the land on which water abstracted in pursuance of that licence was to be used; "the relevant event" means the death of the original holder, or the other act or event by reason of which the original holder ceased to be the occupier of land consisting of, or comprising, the land of which the successor has become the occupier.
4. Rights of a successor on becoming the occupier of the whole of the original land (1) Subject to the following provisions of this regulation, where the original holder ceases to be the occupier of the whole of the original land and, whether immediately thereafter or subsequently, a successor becomes the occupier of the whole of that land but, by reason of the original land being only a part of the land specified in the original licence as the land on which water abstracted in pursuance of the licence is to be used, does not thereupon become the holder of the original licence by virtue of section 32(1) of the Act: (a) the original holder (except where, being an individual, he has died) shall cease to be the holder of the original licence, and (b) the successor shall become the holder of that licence. (2) Where the preceding paragraph has effect, the successor shall cease to be the holder of the licence at the end of the period of one month beginning with the date on which he became the occupier of the original land, unless before the end of that period he has given notice to the river authority of the change in the occupation of that land. (3) Where, in the case of a change or proposed change in the occupation of land in the circumstances mentioned in paragraph (1) of this regulation, it is the intention of the parties, or of the one who is the original holder, that the license should be held by the original holder for the purposes for which he could lawfully make use of it but for the operation of the said paragraph (1), then: (a) if notice of that intention is given to the river authority by both the parties and is not withdrawn, before the change in occupation takes place, paragraph (1) of this regulation shall not apply in relation to that change; and (b) if notice of that intention is given to the river authority by both the parties, and is not withdrawn, before the end of the period specified in paragraph (2) of 62 Preparing national regulations for water resources management
this regulation (but not before the change in occupation takes place), or if such notice is given to the river authority by the original holder, and is not withdrawn, before the end of that period and the successor does not within that period give notice to the river authority for the purpose of the said paragraph (2), the original holder shall in either case become the holder of the original licence immediately after the successor has ceased, by virtue of that paragraph, to be the holder of it. (4) A successor who becomes the holder of the original licence by virtue of paragraph (1) of this regulation, and who does not cease to be the holder of the licence by virtue of paragraph (2), shall, in relation to any other person having a relevant entitlement under the next following regulation with respect to the same original licence, stand in the place of the original holder for the purpose of paragraph (3) of that regulation and shall for that purpose be entitled to apply for an appropriate new licence in pursuance of regulation 6 as if he were the original holder in the circumstances specified in regulation 6(1); and, if when the successor becomes the holder of the original licence as aforesaid there is an application made by the original holder with respect to the original licence for the purpose of regulation 5(3) which has not been disposed of, that application shall be deemed to have been adopted by the successor on becoming the holder of the original licence and may be determined accordingly; provided that reasonable notice shall be given to the successor before a decision is issued on the application as so adopted. In this paragraph "a relevant entitlement" means an entitlement with respect to the original licence which a person acquires by becoming the occupier of land of which the original holder ceased to be the occupier on an occasion prior to the relevant event pursuant to which the successor becomes the holder of the original licence as aforesaid.
5. Rights of a successor on becoming the occupier of a part of the original land (1) Where the original holder ceases to be the occupier of the whole, or a part, of the original land and a successor becomes the occupier of a part of the original land within a period of two years beginning with the date of the relevant event, the successor, if he satisfies the conditions of section 27 of the Act (as modified by regulation 8), shall be entitled to apply, within a period of one month beginning with the date on which he becomes the occupier as aforesaid, for the grant of a new licence in accordance with the following provisions of these regulations. (2) Subject to the next following paragraph, a successor who accordingly applies for a new licence and who when a decision falls to be made on the application, is the occupier of any of the land specified therein as land of which he has become the occupier in the circumstances mentioned in the preceding paragraph, shall be entitled to the grant of a new licence for the abstraction of water for use on land of which he is the occupier as aforesaid, containing provisions determined by reference to the provisions of the original licence in accordance with regulation 7 of these regulations. (3) It shall be a condition of the successor's entitlement under this regulation to the grant of a new licence that the original holder or, as the case may be, the holder for the time being of the original licence who stands in place of the original holder for this purpose by virtue of regulation 4(4), has duly made, and has not withdrawn, an application in pursuance of the next following regulation for the grant of an appropriate new licence in substitution for the original licence, or an application Preparing national regulations for water resources management 63 under section 42 of the Act for the revocation of the original licence or for its variation in such a manner as will secure that those of its provisions with respect to the abstraction of water which (with any modifications) are to be included in the new licence for which the successor has applied cease to have effect as provisions of the original licence. This condition shall not apply where the original holder has ceased to be the holder of the original licence and there is for the time being no holder of that licence in the place of the original holder as aforesaid. (4) The Schedule hereto shall have effect in relation to the applications for the new licences in pursuance of this, or the next following, regulation.
6. Rights of the original holder with respect to the grant of a new licence (1) Where a successor duly applies in pursuance of the last preceding regulation for the grant of a new licence, and the original holder continues to be the occupier of a part of the original land, the original holder, if he satisfies the conditions of section 27 of the Act (as modified by regulation 8), shall be entitled to apply for the grant of a new licence, in substitution for the original licence, in accordance with the following provisions of this regulation. (2) On the grant of a new licence on the successor's application, the original holder, if he has duly applied, shall be entitled to the grant of a new licence, in substitution for the original licence (including any provision relating to the use of water on land of which the original holder is not the occupier) in so far as effect is not given to those provisions in the new licence granted to the successor.
7. Provisions of a new licence granted to a successor (1) Subject to this regulation, the provisions of a new licence granted on the application of a successor in pursuance of regulation 5 shall be such as appear to the river authority to correspond as nearly as may be to the provisions of the original licence, modified so as to provide for the abstraction of water: (a) from any point of abstraction specified in the original licence which having regard to section 27 of the Act (as modified by regulation 8) and to the provisions of the original licence, is available to the applicant for the purposes of the next following sub-paragraph; and (b) for use on any part of the original land occupied by the applicant and for a purpose of the original licence appropriate to that part. In the following provisions of the regulations, "the applicant's land" means that part of the original land which is occupied by the applicant and to which his application relates, and any reference, however expressed, to a point of abstraction available to the applicant is a reference to such a point of abstraction as is mentioned in sub- paragraph (a) of this paragraph. (2) Subject to the next following paragraph, provision as to any quantity of water authorised to be abstracted in pursuance of the new licence shall be made as follows, that is to say: (a) where the original licence specifies or otherwise limits a quantity of water to be abstracted during a period or periods so specified from any point available to the applicant, for use on the whole or a part of the applicant's land and not also on any other land, the new licence shall make the like provision; 64 Preparing national regulations for water resources management
(b) where the original licence specifies or otherwise limits a quantity of water to be abstracted as aforesaid for use on the whole or a part of the applicant's land and also on other land, the new licence shall make the like provision with such modification as is required to secure that the quantity thereby authorised for use on the applicant's land, or, as the case may be, on the relevant part of the land, shall be an appropriate share of the relevant quantity provided for by the original licence, that is to say, either: (i) an amount which bears to the whole of the relevant quantity provided for by the original licence the same proportion as the area of the applicant's land, or of the relevant part of that land, bears to the area of the land on which that quantity was to be used in accordance with the original licence, or (ii) such other amount as the river authority (having regard to the provisions of the original licence, the manner in which any water abstracted has been used in accordance with that licence and any other material considerations) may determine to be the amount which would have been used on the land in question under the original licence if the original holder had continued to be the occupier of the applicant's land and had abstracted the whole of the relevant quantity. (3) Where: (a) the original licence authorises the abstraction of water from a source of supply at two or more points of abstraction, not all of which have become available to the applicant as mentioned in paragraph (1) of this regulation, and (b) the river authority are satisfied that, if the original holder had continued to be the occupier of the applicant's land, it would have been his practice in accordance with the original licence to use on that land water abstracted at any point of abstraction which has not become available to the applicant, the river authority may, if the applicant so requests, provide in the new licence for the abstraction, at any point or points of abstraction specified in the original licence and available to the applicant as aforesaid, of a quantity or quantities of water not exceeding whichever is the smaller of - (i) the corresponding quantity which, in the opinion of the authority, would have been abstracted and used on the applicant's land as mentioned in sub-paragraph (b) of this paragraph, and (ii) the capacity of the existing means of abstraction at the relevant point or points, regard being had to any quantity or water to be authorised in pursuance of the foregoing paragraphs of this regulation. (4) In determining under this regulation what quantity of water is to be authorised in a new licence by reference to the provisions of the original licence, any relevant apportionment for the purposes of a licence previously granted hereunder by reference to the provisions of the same original licence shall (subject to the effect of any material revocation or variation) be deemed to be conclusive. (5) Any reference in this regulation to the river authority shall be constructed as including a reference to the Minister on appeal.
Schedule - Applications for New Licences 1. (1) An application in pursuance of these regulations for a licence to abstract water from a source of supply in a river authority area shall include the particulars and be Preparing national regulations for water resources management 65 verified by the evidence hereafter prescribed, and shall be made to the river authority in accordance with the provisions of this Schedule. (2) The application and any accompanying documents, together with such additional number of copies (not exceeding two) as the river authority may require, shall be addressed to the Clerk of the authority and posted to or delivered at the river authority's principal office or such other place as the authority may direct. 2. (1) The application shall be accompanied by an ordnance map to a scale of not less than six inches to one mile for the purpose of showing the matters specified in the next sub-paragraph: Provided that the river authority may dispense with this requirement, or may accept a map to a smaller scale, if on the request of the applicant they are satisfied in the circumstances of the case that a map is unnecessary or, as the case may be, that a smaller scale will suffice. (2) There shall be shown clearly on the map (if any): (a) the point or points of abstraction specified in the original licence (each with a reference number) at which the applicant proposes to abstract water; (b) as respects each point of abstraction, the relevant land for the purposes of section 27 of the Act (as modified by regulation 8); (c) the applicant's land (as defined in regulation 7(1), distinguishing as may be necessary between parts of that land on which it is proposed to use water abstracted in pursuance of the licence for different purposes. (3) In this Schedule the expression "relevant land", used in connection with section 27 of the Act, means land contiguous to the existing point of abstraction at which the applicant proposes to abstract from an inland water, or land consisting of or comprising underground strata and with access to the existing point of abstraction at which he proposes to abstract from those strata, being in either case land in relation to which the applicant claims such rights of occupation or access, actual or prospective, as satisfy the relevant conditions of section 27 (as modified by regulation 8). 3. (1) Subject to sub-paragraph (2) with respect to an application made by the holder of the original licence, the application shall include the following particulars: (a)The applicant's name and address, and the name and address of any other person authorised to act on the applicant's behalf in the matter. (b)The source of supply to which the application relates. (c)The serial number of the original licence by reference to which the application is made, and the name and address (if known) of the original holder. (d)The name and address (if known) of any other person who to the applicant's knowledge has become the holder of the original licence. (e)Particulars of the applicant's claim to be entitled to make the application, including: (i) a description (by reference to the map, if any) of the applicant's land (as defined in regulation 7(1); (ii) the date on which, and the manner in which, the applicant became the occupier of the relevant part of the original land, and (if different and so far as known to the applicant) the date on which, and the relevant event by reason of which, the original holder ceased to be the occupier of that part; (iii) a statement showing how the applicant claims to be entitled to make the 66 Preparing national regulations for water resources management
application in accordance with section 27 of the Act (as modified by regulation 8), with reference, where appropriate, to relevant land for the purpose of section 27 shown on the map. (f)Particulars of the application, including: (i) a brief description of the point or points of abstraction specified in the original licence at which the applicant proposes to abstract (with reference, where appropriate, to the point or points shown and numbered on the map); (ii) the provisions which the applicant proposes the licence should contain, including provisions as to the quantity of water authorised to be abstracted during a period or periods specified at each point of abstraction or group of points specified, and provisions as to the land on which and the purposes for which the water abstracted is to be used, all being provisions framed by reference to the corresponding provisions of the original licence; (iii) a statement showing how the quantities of water specified have been assessed in accordance with the provisions of regulation 7. (2) In the case of an application by the original holder in pursuance of regulation 6, or by a person who has become the holder of the original licence and who is entitled to make such an application by virtue of regulation 4(4), sub-paragraph (1) of this paragraph shall have effect with the following modifications: (a) the particulars required at head (c) shall include the statement that the applicant is the original holder, or, as the case may be, that he has become the holder of the original licence by virtue of regulation 4; (b) for the particulars required at head (d) there shall be substituted brief particulars sufficient to identify the application by a successor for a new licence (or, if there is more than one, each such application) in consequence of which the applicant is applying for a new licence; (c) for the particulars required at head (e)(i) there shall be substituted a description of the part of the original land of which the original holder has continued to be the occupier, or, in the case of an application by a person who is the holder of the original licence by virtue of regulation 4(1), a description of the original land of which that person has become the occupier; (d)the particulars required at head (e)(ii) shall not apply in the case of the original holder, and, in the case of a person who has become the holder of the original licence by virtue of regulation 4, there shall be substituted for those particulars the date on which, and the circumstances in which, he became the occupier of the whole of the original land; (e) in head (f)(iii) for the words "in accordance with the provisions of regulation 7" there shall be substituted the words "having regard to the provisions of regulation 6". 4. (1) The application shall be accompanied by evidence for the purpose of satisfying the river authority with respect to such of the following matters as are contained in the application, or shall include a statement as to the nature of any evidence which the applicant can produce for that purpose if the authority shall so require: (a) that the claim to have become the occupier of a part, or the whole, of the original land, and (in so far as material) to have done so at the time specified, is well founded; (b) that the claim to be entitled to make the application in accordance with the Preparing national regulations for water resources management 67
provisions of section 27 of the Act (as modified by regulation 8) is well founded; (c) in the case of a proposal that the new licence should authorise a quantity of water determined in accordance with regulation 7(2)(b)(ii), that the quantity proposed is the quantity which ought to be so determined; (d) in the case of a request that, in accordance with regulation 7(3), there should be added to any quantity of water determined in accordance with regulation 7(2) a quantity which the original holder would have abstracted at a point of abstraction which has become available to the applicant, that the circumstances are such as to enable the river authority to be satisfied with respect to the relevant matters specified in regulation 7(3). (2) The application shall be accompanied by such information as the applicant is able to provide with respect to the following matters: (a) whether the holder (if any) of the original licence has applied, or is prepared to apply, for the grant of a new licence, or for the revocation or variation of the original licence, as mentioned in regulation 5(3); (b) whether there is, or is likely to be, any related application for a new licence, made by another successor by reference to the same original licence, which might appropriately be considered together with the applicant's application. 5. Regulation 10 of the Water Resources (Licences) Regulations 1965 shall have effect in relation to the application as if it were an application for a licence of right and as if the period therein prescribed for dealing with the application were a period of 3 months; and regulation 12 of those Regulations shall have effect in relation to any appeal to the Minister in pursuance of the application, but, save as aforesaid, Part II of the said Regulation of 1965 shall not have effect in relation to applications made in pursuance of these regulations.
II - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 17. ... (3) The register shall also contain, with respect to any person who by virtue of the provisions of section 32(1) or (5) of the Act, or of regulations under section 32(3) thereof, becomes the holder of a licence on succeeding to the occupation of land occupied by the previous licence holder or on transfer of the licence under section 32 (5), the following information, namely: that person's name and address, the serial number of the licence and the date on which he notified the river authority of the change in the occupation of the relevant land, or of the transfer of the licence, as the case may be. ...
III - TANZANIA - Water Utilization (General) Regulations, 1975 Form B - Notice of Apportionment of Water Right on Subdivision of Land - See Appendix I, page 320.
IV - JAMAICA - Water resources regulations, 1995 16. Effect of succession to interests of licensee (1) Where any person succeeds to the interests of a holder of a licence granted under this Part (hereinafter referred to as “the original licensee”) in circumstances, whether on the death of the original licensee or otherwise, such that the continued operation of those interests involves the question of a grant of a licence under this Part in like terms as that held by the original licensee, then, subject to paragraph (2), that person 68 Preparing national regulations for water resources management
may apply to the Authority for such a licence. (2) An application under paragraph (1) shall be made to the Authority within thirty days of the applicant’s acquisition of the interest or such longer period, not exceeding ninety days as the Authority may in any case allow, and the Authority may, without going through the process required by regulation 3 (3) and regulation 4, grant the applicant a licence, if it thinks fit, on the terms applicable to the original licensee. (3) Where a person to whom paragraph (1) refers fails to notify the Authority within the time allowed under paragraph (2) or the Authority does not grant him a licence pursuant to that paragraph, such person shall not continue to abstract and use water except under and in accordance with a licence granted under regulation 5.
V – UGANDA - Water Resources Regulations, 1998 7. Conditions attached to and transfer of water permits … (3) A person who becomes the owner or occupier of any premises in respect of which a water permit exists shall continue to abstract water in accordance with the conditions and terms spelt out in that water permit for a period of three months from the date on which that person becomes the owner or occupier of the premises. (4) After the expiry of the period referred to in subregulation (3) of this regulation the Director shall, on receipt of a notification from the person referred to in subregulation (3), set out in Form D in the Fifth Schedule, grant that person a water permit on conditions which are not more onerous to the applicant than the conditions attached to the previous water permit relating to those premises and if the Director is satisfied that the purposes for which the premises are to be used and the amount of water required will not change in any material respect.
Fifth schedule – Form D – Registration of transfer of water permit – See Appendix I, page 321.
7. CHARGING FOR THE USE OF WATER UNDER A PERMIT
This particular aspect of the water abstraction and use permit mechanism has been dealt with in Chapter VII on CHARGING FOR WATER.
8. DEALING WITH "EXISTING" USES OF WATER
When permit requirements are introduced for the first time, or when important changes are introduced to an established system of water use permits or comparable requirements, it is standard practice for the relevant legislation to provide relief to water users who are lawfully utilizing water at the time the new or changed requirements come into operation. The Preparing national regulations for water resources management 69 rationale for this special treatment is one of fairness to users of water relying on the law as it existed prior to the changes brought about by subsequent legislation. Principal legislation ordinarily features the outlines of the special legal regime accorded "existing" water uses. Subordinate legislation provides complementary, mostly procedural requirements in connection with the filing of applications - essentially to have "existing" water rights acknowledged and allowed by the government water administration to continue subject to qualifications - and with relevant grants, as in the examples given.
I - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 7. (1) This regulation shall apply in relation to any application for a licence of right and, to the extent hereinafter expressly provided, in relation to any application for a licence by virtue of section 56 (2) of the Act; and in this regulation any reference to a section 33 (1) (a) application, a section 33 (1) (b) application, or a section 56 (2) application is a reference respectively to an application made by virtue of section 33 (1) (a) of the Act in reliance on a statutory provision (other than an order under the Water Act 1958, in force on 1st April 1965, an application made by virtue of section 33 (1) (b) of the Act in reliance on abstraction of water by the applicant within the period of five years ending with 1st April 1965 (otherwise than by virtue of a statutory provision), or an application made by virtue of section 56 (2) of the Act in reliance on a statutory provision coming into operation after 1st April 1965 in pursuance of an application made at any time before 1st July 1965. (2) The matters required to be shown on the map accompanying the application (including any section 56(2) application) are the matters specified in paragraph (2) of the last preceding regulation (except the relevant land for the purposes of section 27 of the Act referred to in sub-paragraph (2)(b) as required in the case of applications to which that regulation applies. (3) A section 33(1)(a) application, and a section 56(2) application, shall be accompanied - (a) where the relevant statutory provision relied on is a licence under section 14 of the Water Act 1945, by that licence or a true copy thereof, or, if for any sufficient reason (which shall be specified) the foregoing requirement cannot be complied with, by sufficient evidence in writing of the grant of such licence and of its terms; (b) in any other case (except where the statutory provision in question is contained in a public general Act), by a copy of the relevant statutory provision on which the applicant relies. (4) A section 33(1)(a) application, made in reliance on a statutory provision which does not specify or otherwise limit the quantity of water authorised to be abstracted, shall also be accompanied by evidence in writing for the purpose of proving to the reasonable satisfaction of the river authority any particulars included in the application with respect to quantities of water abstracted in the relevant period ending with 1st April 1965 and other matters, as mentioned in section 34 (3) to (5) of the Act. (5) A section 33(1)(b) application shall be accompanied by evidence in writing for the 70 Preparing national regulations for water resources management
purpose of proving to the reasonable satisfaction of the river authority any particulars included in the application with respect to quantities of water abstracted in the relevant period ending with 1st April 1965 and other matters, as mentioned in section 35 (2) to (4) of the Act and a statement included in the application with respect to matters referred to in section 35 (5) of the Act. (6) Where evidence in writing provided by an applicant in pursuance of paragraph (4) or paragraph (5) of this regulation relates to any quantity of water which is shown in the application to be an estimated quantity, that evidence shall include a statement explaining how the estimate in question was made.
10. … (4) The period within which the river authority shall give notice to an applicant for a licence of their decision on his application, or, as the case may be, of the reference of the application to the Minister in pursuance of directions given under section 38 of the Act, shall be the following period from the date of receipt of the application, namely: (a) in the case of an application for a licence of right, a period ending on 31st March 1966; …
Model Form 4 - Application for a licence of right made under Section 33 in reliance on a statutory provision - See Appendix I, page 322. Model Form 5 - Application for a Licence of Right Made under Section 33 in Reliance on Abstraction within the Period of 5 Years Ending with 1st April 1965 - See Appendix I, page 330.
II - JAMAICA - Water resources regulations, 1995 30. Licences of right. (1) A licence of right referred to in section 54 (1) of the Act shall be in the same form as set out for a licence granted pursuant to regulation 5 and shall also be subject to the implied term specified in section 23. (2) In determining the quantity of water that it should authorize to be abstracted and used under a licence of right, the Authority –- (a) shall consider whether or not the applicant is entitled to abstract and use water in the exercise of any right existing immediately before the appointed day under or pursuant to a prescribed enactment; and (b) shall have regard to the requirements of the applicant as indicated by –- (i) works, machinery or apparatus which were constructed or installed before the appointed day or which were in the course of being constructed or installed before that day; or (ii) such other evidence as the Authority thinks reasonable and appropriate. (3) In making provision as to the purpose for which water may be abstracted under the licence of right, the Authority –- (a) shall take into account the purpose for which the water was abstracted and used in exercise of the right existing immediately before the appointed day under or pursuant to a prescribed enactment; and (b) shall have regard to the requirements of the applicant as determined by such evidence as the Authority thinks reasonable and appropriate. Preparing national regulations for water resources management 71
31. Licence based on long use. (1) A licence to abstract and use water granted pursuant to section 54 (2) shall be in the same form as that set out for a licence granted pursuant to regulation 5 and shall also be subject to the implied terms specified in section 23. (2) In determining the quantity of water that it should authorize to be abstracted and used under such licence the Authority –- (a) shall take into account the quantities of water used during the period referred to in section 54 (2) of the Act; (b) shall have regard to the requirements of the applicant as mentioned in sub- paragraph (b) of paragraph (2) of regulation 30. (3) In making provision as to the purpose for which water may be abstracted under a licence to which this section refers, the Authority –- (a) shall have regard to the purpose for which the water was abstracted and used during the period referred to in section 54 (2); and (b) shall take into account the requirements of the applicant as determined by such evidence as the Authority thinks reasonable and appropriate.
III - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994 17. Transitory Provisions (1) Any person who is already utilizing water resources for any of the purposes specified in Article 3 of this proclamation, shall apply to the Appropriate Authority for a permit within three (3) months from the coming into force of this proclamation. (2) A water user who fails to apply within the time limit set in sub-Article (1) of this Article, may, subject to payment of 50% of the permit fee as a penalty, submit his application within the next three months. (3) Upon receipt of an application under sub-Article (1) or (2) of this Article, the Appropriate Authority shall issue the required permit, provided that the manner of the utilization of the water resource does not clearly violate the provisions of this Proclamation.
IV - UGANDA - Water Resources Regulations, 1998 10. Registrations, etc. (1) This regulation shall apply to the following persons, (a) any person who occupies land, on or adjacent to which, (i) there is a motorized water pump which, whether temporarily or permanently, pumps water from a borehole or waterway; (ii.) there is weir, dam, tank or other work capable of diverting or impounding an inflow of more than 400 cubic meters in any period of 24 hours; (iii) there are works for non-consumptive uses. (b) public authorities or any water supply authority or sewerage authority which operate works capable of diverting, impounding or using more than 400 cubic meters of water within a period of 24 hours; (c) such other persons as the Minister may, by notice published in the Gazette, declare. (2) A person who, at the commencement of these regulations, 72 Preparing national regulations for water resources management
(a) occupies land; and (b) owns, occupies, operates, controls any works on land referred to in subregulation (1) of these regulations; shall register the works and the use of water with the Director. (3) A person referred to in subregulation (2) of this regulation shall, in order to be registered, apply to the Director and the application shall be in the form specified in the First Schedule1 to these regulations and shall be accompanied by an application fee specified in the Second Schedule2 to these regulations. (4) The Director shall, where he receives an application within twelve months from the date of coming into force of these regulations and subject to subregulation (5), register the application and thereafter grant to the applicant a water permit. (5) The Director may, (a) require an applicant to prepare and submit plans or other information to support the application made under this regulation; (b) in person or by a person duly authorised by him enter any land and carry out any investigations that are necessary to process the application; (c) after the provisions of this regulation are complied with, grant the water permit on such conditions as are necessary.
9. MECHANISMS COMPLEMENTARY TO THE GRANT OF PERMITS
The grant of a permit alone may not suffice to operationalize the water utilization or project contemplated in it. Unless the permit holder owns or possesses all the land which is needed for the contemplated use or project - such as land to be traversed by permanent water pipes, or to be occupied by temporary facilities, or to be submerged as a result of damming a stream - a right to occupy temporarily or permanently the land in question will have to be secured from the owner of the land. These issues may be dealt with and disposed of already at the stage of applying for a permit, and an applicant may be required to secure "ancillary" rights in accordance with general legislation - i.e. through contractual mechanisms, or by resorting to condemnation or expropriation of private property under pertinent legislation. However, water resources legislation may provide specific mechanisms of its own to address the issue, consisting of the grant, by a judge or government administrator, of "easements" or "servitudes", or of a
1 See sub-chapter 2 above, Step One – Filing of an application, under the heading Format of applications (VI). 2 See sub-chapter 2 above, Step One – Filing of an application, under the heading Payment of filing fees (IV). Preparing national regulations for water resources management 73 formal permission to an actual or prospective permit holder to take or occupy the necessary land over the opposition of the relevant owner, subject to terms and conditions. Subsidiary legislation will generally fill in the operational and formal details of substantive provisions found in the principal legislation, but it may also cover substantive ground.
I - SOUTH AFRICA – National Water Act, 1998
Schedule 2 - Procedural matters regarding servitudes 1) A person who intends to claim a servitude or an amendment of a servitude under the Act must give the owner of the land which will be subject to the servitude written notice of his or her claim. 2) Where a claimant is not the owner of the land in favour of which the servitude is claimed, the claimant must give the owner written notice of the claimant's claim. 3) The notice must include details of at least the following, where relevant: a) the entitlement of the claimant to the use of the water; b) a description of the land which will be subject to the servitude; c) whether the servitude claimed is a personal or a praedial servitude; d) in the case of a personal servitude, the name, identity number or registration number (if applicable) of the person in whose favour the servitude is claimed; e) in the case of a praedial servitude, a description of the land in favour of which the servitude is claimed; f) the likely impact of the servitude on the land or its use; g) in the case of a servitude of aqueduct, the route along which the water is to be led over the land which will be subject to the servitude and other affected land; h) in the case of a servitude of submersion, where the water will be stored and the area that will be submerged; i) the nature and locality of any proposed waterwork, including any road or other structure, which will reduce the loss and inconvenience to the owner or occupier of the land which will be subject to the servitude, as a result of the servitude; j) how and when maintenance of the proposed waterwork is likely to be carried out; k) the nature, quantity and situation of any materials required from the land which will be subject to the servitude for the purpose of constructing any proposed waterwork; l) the land reasonably required during the construction period for-- i) construction camps; ii) accommodating people; iii) workshops; or iv) storage purposes; m) the extent and location of any land reasonably required for construction, operating and maintaining a proposed waterwork on the land which will be subject to the servitude; and n) the compensation offered. 4) A plan depicting the location of the proposed waterworks on the land which will be subject to the servitude must be attached to the notice. 74 Preparing national regulations for water resources management
5) When a person gives a notice of a claim for a servitude or for an amendment of a servitude, that person must also send, by registered post, a copy of the notice to- a) the lessee of the land; b) the national, provincial or local government authority responsible for controlling, maintaining or repairing a road across which the claimant intends constructing a waterwork in terms of the servitude or amendment; and c) every person who, from a perusal of -- i) the title deeds of the land; ii) the records of the Registrar of Mining Titles; or iii) the records of any other government office which records prospecting or mining rights, appears to have any interest in the land which may be negatively affected by the servitude, if the whereabouts of the person can be readily ascertained. 6) A notice under item 1 or 2 may be amended as a result of – a) the claimant exercising his or her rights under section 128 of the Act; or b) objections to the notice by the owner of the land subject to the servitude or the owner of the land in favour of which the servitude is claimed. 7) An amended notice must be dealt with in the same way as the original notice. 8) A claimant may, not earlier than 14 days and not later than 90 days after the notices required in terms of this Schedule have been given, apply to the High Court for the award of a servitude claimed in terms of the procedure set out in this Schedule and the High Court may make such order as it deems fit.
II - JAMAICA - Water resources regulations, 1995 17. (1)The owner of land over which an easement was constituted by agreement may not terminate the easement unless –- (a) he serves a notice upon the person to whom the easement was granted requiring him within thirty days of the notice, to show cause to the Authority why the easement should not be terminated and such person fails to show any or sufficient cause; and (b) not later than the date of service of the notice referred to in paragraph (a) he notifies the Authority of his intention to terminate the easement and submits to the Authority a copy of such notice. (2) An easement constituted under section 27 of the Act shall, if not earlier terminated, expire with the expiration of the licence in relation to which it was granted. …
26. Registration of recording of easement An easement constituted under the Act by agreement shall –- (a) where the land over or in favour of which the easement was created is under the operation of the Registration of titles Act, be registered by the Registrar of Titles; and (b) where such land as aforesaid is not under the operation of the Registration of titles Act, be recorded by the Deputy Keeper of the Records, on production of the agreement or, as the case may be, order relating to the easement or a copy of such agreement and a diagram prepared by the Director of surveys or any Preparing national regulations for water resources management 75
commissioned land surveyor showing the position of the easement.
III - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994 12. Servitude (1) a permit holder may, with the approval of the Appropriate Authority, construct water works on land under the possession of another person for the purpose of abstracting the required water from its source; (2) the possessor of the land encumbered pursuant to sub-Article (1) of this Article, is entitled to adequate compensation from the permit holder. (3) the provision of sub-Article (1) of this Article shall not apply to land under peasant holding unless the peasants themselves have given their consent and provided that the construction of the water work does not in any way entail eviction of the peasants.
IV - UGANDA - Water Resources Regulations, 1998 25. Easements (1) An application for an easement under section 36 of the Statute shall be in Form G in the Eighth Schedule to these regulations and shall be accompanied by the appropriate application fee specified in the Second Schedule1 to these regulations. (2) The Director shall, within fourteen days of receipt of the application, give written notice of the application to any person who has an interest in the land over which the easement is being sought. (3) The Director shall, in the notice referred to under subregulation (2) of this regulation, invite the affected person to, (a) inspect the application at the Director's office; (b) make any objection or written submission to the Director within one month on receipt of the notice; (c) indicate whether he or she wishes to be heard in person by the Director. (4) The Director may, on hearing any objection under paragraph (b) or submission under paragraph (c) of subregulation (3) grant a Certificate of Easement in Form G2 of the Eighth Schedule.
Eighth Schedule - Form G - Application for an easement - See Appendix I, page 337. Form G2 - Certificate of Easement – See Appendix I, page 339.
V – KENYA - The Water Act, 2002
Third Schedule – Easements 1. Encumbrances The acquisition of an easement in accordance with this Schedule shall not affect the burden or benefit of any encumbrance on the land existing at the date of the acquisition or the liability or right of any person in respect thereof.
1 See sub-chapter 2 above, Step One – Filing of an application, under the heading Payment of filing fees (IV). 76 Preparing national regulations for water resources management
2. Easement includes right of access (1) An easement shall include the right of access, along a route to be approved by the Authority after consultation with the owner, to any piece of land contiguous to the water of the permit holder in so far as may be necessary for the purpose of constructing, inspecting, maintaining, operating or repairing the works of the permit holder and for any purpose necessary for the effective enjoyment of the easement. (2) The permit holder shall, however, give reasonable notice to the occupier of the land over which the easement is held of his intention to enter the land for any of the purposes mentioned in this paragraph.
3. Permit holder must avoid flooding lands and maintain canal satisfactorily A permit holder who has acquired an easement which authorises the construction of a canal – (a) shall take and maintain adequate measures for preventing the introduction into the canal of a greater quantity of Water than that which the canal is capable of carrying; and (b) shall not cause damage to any land in respect of which the easement is held by permitting the accumulation of weeds. silt or any other obstruction or nuisance which might cause flooding, or any other damage whatsoever.
4. Damage caused by works of permit holder (1) If damage is caused, as the result of works of a permit holder, to the land over which the easement is held, the landholder may require the permit holder to construct such additional works as are necessary, in the opinion of the Authority, to prevent such damage or any recurrence thereof and the Authority may by order require the permit holder to construct such additional works at his sole expense. (2) If the permit holder fails to comply with an order of the Authority given under this paragraph, the Authority may cancel his permit.
5. Permit holder to construct works to enable landholder to enjoy his existing works if interfered with (1) A permit holder who has acquired an easement for the construction of works on another landholder's land which prevents the landholder passing freely over or on his land as he could before, or interferes with his existing works, structures or devices upon his land, shall, at his own expense, construct and maintain in repair, to the satisfaction of the Authority and under such conditions as it may prescribe – (a) such bridges and other structures and devices as will make communication safe and convenient; or (b) such works, structures or devices as the Authority considers necessary to enable the landholder effectually to enjoy the use of any work, structure or device interfered with. (2) Any permit holder who fails to comply with the provisions of this paragraph shall be guilty of an offence.
6. Permit holder desiring easement to serve notice on landholder (1) A permit holder claiming an easement under this Act shall serve a notice on the Preparing national regulations for water resources management 77 holder of the land on, over or through which he desires to acquire the easement, and shall in such notice state the following particulars, and such further particulars as may be required by rules made under this Act (a) a description of the proposed works and a statement of their use: (b) a statement of the quantity or discharge of water, if any, to be diverted or dealt with; (c) a map showing clearly the nature and locality of any works or area of swamp or land to be reclaimed. if the easement is for reclamation of a swamp or lands: (d) a statement of the area of the land (if any) which is or will be (i) occupied by the works: (ii) flooded as a result of the works; (iii) required for the purposes of inspection and maintenance of the works; (iv) required for the excavation or co\lection of material for the works, or for the deposit of soil or material derived from the works; (v) required for a road or roads to obtain access to the works; or (vi) required for the control or prevention of pollution of the water to be used; and (e) a statement of the compensation which is offered and the period of time during which the permit holder wishes to enjoy the easement. (2) A copy of the notice shall be sent by the permit holder to the Authority.
7. Consent of landholder to easement If the landholder agrees to the claim for an easement, either as originally proposed or as modified by agreement, the permit holder (a) shall embody the particulars and other matters pertaining thereto in a deed or other instrument suitable for registration; and (b) after its execution by the parties concerned, shall send two copies of such deed or other instrument, certified by the Registrar of Titles, to the Authority.
8. Application where landholder does not consent If the landholder does not, within two months after the service of a notice under this Schedule, agree to the claim for an easement or to any other matter necessary for an easement; the permit holder may apply to the Authority, in the prescribed manner, for an easement, and shall serve notice of such application upon the landholder.
9. Determination of application for easement (1) The Authority may either dismiss the claim for an easement or grant the claim with or without modification and subject to such conditions, and to the payment of such compensation, as to the Autl,1ority seems just. (2) The Authority shall notify the permit holder and the landholder of its decision. (3) When the claim for an easement has been granted. the permit holder shall embody the particulars and other matters pertaining to an easement granted under subparagraph (1) of this paragraph in a deed or other instrument suitable for registration, and shall tender the deed or instrument, together with the amount of any award of compensation made, to the landholder for execution. (4) If the landholder fails within such time as may be specified by the Authority to execute and deliver the deed or instrument to the permit holder, the Authority may do 78 Preparing national regulations for water resources management
so on his behalf, and thereupon the deed or instrument shall have the same effect as if it had been executed by the landholder. (5) The Registrar of Titles shall register the deed or instrument against the title affected, and two copies of such deed or instruments certified by the Registrar of Titles, shall be sent by the permit holder to the Authority. (6) Where an appeal has been lodged under subparagraph (2) of this paragraph, no action shall be taken under subparagraphs (3), (4) or (5) of this paragraph until the appeal has been decided.
10. Lapsing of easement (1) An easement acquired under this Act shall lapse: (a) if the works authorised are not completed and the water is not utilized within one year from the date of acquiring the easement or within such further period as the Authority may determine; or (b) if, at any time, substantial use is not made of the permit in accordance with the terms of the permit for a continuous period of two years, or such longer period as the Authority may, from time to time, in any particular case, determine. (2) Upon the lapse of an easement, the Authority shal1 notify the Registrar of Titles, who shall, without charge, cancel the registration of the easement against the title affected.
11. Permit holder to keep works in state of repair (1) If any work constructed on the land of a person other than the permit holder is out of repair or requiring cleaning, the permit holder or his agent shall. if required in writing by the landholder to repair or clean such work, carry out such requirements within a reasonable time. (2) If the permit holder fails so to do, the landholder may cause to be done all things necessary for carrying out such repairs or cleaning, and may recover the cost thereof from the permit holder in any court of competent jurisdiction. (3) Such repairs or cleaning shall not be unreasonably demanded. and. in the event of a dispute between the parties, the Authority shall decide what constitutes reasonable repairs or cleaning. (4) A permit holder who allows or suffers any such works to fall into disrepair or, in the opinion of the Authority, to be in such a state as to require cleaning shall be liable for all damage which may arise as a consequence.
14. Landholder may demand and obtain use of works (1) Any landholder on. over or through whose lands an easement has been applied for or been granted may, by application to the Authority either before or after the construction of any works, apply for a permit to make use of such works or the proposed works for the diversion, abstraction, storage or use of whatever water he may become entitled to divert, store or use under this Act. (2) Before such a permit or authorisation is issued by the Authority (a) the landholder shall prove, to the satisfaction of the Authority, that the works of the permit holder can be satisfactorily used for the purpose of the landholder and without material detriment to the permit holder; and (b) such proportionate cost of the works shall be paid by the landholder to the Preparing national regulations for water resources management 79
permit holder who constructed or is constructing the works as may be agreed on between the parties or, failing agreement, as may be determined by the Water Appeal Board. (3) The permit holder may require the landholder to enter into an agreement to continue to pay the proportionate cost of maintaining the portion of the works made use of, until either party has in writing surrendered such right of user and, in the event of disagreement, the matter shall be decided by the Water Appeal Board. (4) If such works require modification to enable the landholder to enjoy their use, he shall, unless the matter is otherwise agreed, pay to the permit holder (a) the entire cost of modifying them in the manner approved by the Authority; and (b) the cost of constructing and maintaining such devices for apportioning the quantities of water as the Authority may prescribe or approve. (5) When it is proved to the satisfaction of the Authority that altered conditions have rendered revision of such rate of payment. just and equitable, the Authority shall inform the parties. concerned, and, failing agreement between such parties on any such revision of the rate of payment, the matter shall be referred to and decided by the Water Appeal Board,
15. Landholder may use land occupied by excavated material for own purpose When works have been excavated by a permit holder on another person's land -- (a) any land used solely for the deposit of excavated material from the works executed shall, notwithstanding the payment of compensation and. except in the case of an easement for drainage or reclamation, remain available to the landholder for his own purposes; and (b) the landholder may remove such excavated material: Provided that no damage shall be done to the works of the permit holder, nor shall the works be obstructed or interfered with by such removal.
16. Easement to be registered The deed or other instrument creating an easement acquired under this Schedule shall be registered against the title affected, and a plan, which shall be approved and signed by, or by the authority of, the Director of Surveys, shall be attached to each document granting the easement.
17. Determination of easement (1) An easement acquired under this Act shall determine if and when the permit for the exercise of rights under which the easement has been acquired is cancelled as provided for in this Act. (2) On the determination of the relevant permit, any works constructed by the permit holder on the lands of another person shall, where the permit 110lder is the sole permit holder, become the property of such other person unless removed by the permit holder (a) voluntarily, within two years from the date of such determination; or (b) at the order of the Authority at the request of the other person.
18. Registration of determination or variation of an easement 80 Preparing national regulations for water resources management
On the determination or variation of an easement, the Authority shall notify the landholder over whose land the easement was granted, and the Registrar of Titles and the landholder concerned may, at the expense of the person in whose name the easement is registered, take such action as is necessary to cause his title to be freed from the easement or to record the variation, as the case may require.
10. DISPUTES BETWEEN THE HOLDERS OF WATER UTILIZATION PERMITS
Disputes concerning water utilization permits typically pit a permit holder against the government in its capacity of grantor of the permit; or a permit holder against a fellow permit holder - be it an individual, a corporation, or a government agency - or against a legitimate non-permit water user. These disputes are generally dealt with in accordance with standard rules and procedures governing litigation before the courts of law or administrative tribunals. However, the speciality of water-related disputes, i.e. their involving an unusually complex mix of determinations of questions of hydrological fact and law, may counsel the adoption of special rules and mechanisms for their solution (I), including the establishment of specialized Water Courts (III), or the conferment of a quasi-judicial function to a government administrator (II and IV).
I - PHILIPPINES - Water Rules and Regulations 61. The complaining party shall be referred to as Complainant/Protestant and the party against whom the complaint is filed shall be referred to as Respondent/ Protestee.
62. All complaints shall be in writing, sworn to by the complainant/protestant and must contain the following: (a) Name, postal address and personal circumstances of complainant/protestant; (b) Name and postal address of respondent/protestee; (c) .Substance of the complaint; (d) Grounds or causes of action; (e) Brief and concise statement of the pertinent facts and circumstances; (f) Relief sought; and (g) Names and postal address of witnesses to be summoned, if any. All complaints shall be accompanied by affidavits of witnesses as well as supporting documents, if any. However, complaints/protests filed solely on the ground of adverse effects on the Preparing national regulations for water resources management 81
privileges to use water from any source shall not be entertained unless the complainant/protestant is a water permittee.
63. Complaints/Protests may be filed with the Council or the Office of the Public Works Regional Director or the Public Works District Engineer or NIA Provincial Irrigation Engineer, of the place where the source of water subject of the controversy is located. Complaints/protests on the use of water for hydraulic power development shall be filed with either the Council or the Office of the Public Works Regional Director.
64. There shall be imposed and collected a filing fee of One Hundred (P100.00) Pesos from every complainant/protestant except from pauper litigants in accordance with the Rules of Court. The said fee shall be paid to the office where the complaint/protest is filed in the manner provided under Section 6 of Rule I1.
65. Upon receipt of a complaint/protest the agency/office concerned shall furnish the respondent/protestee a copy and such documents accompanying the complaint, and require him to answer in writing within ten (10) days from receipt thereof. Should respondent/protestee fail to answer within the period provided herein, the investigator shall proceed ex-parte to receive the evidence and testimony of the complainant/protestant and his witnesses, and shall submit his report to the Council based on the facts and evidence adduced.
66. Upon receipt of respondent/protestees' answer, the investigator shall direct the parties and their attorneys to appear before him for conference to consider the possibility of an amicable settlement. The proceedings during the preliminary conference shall be summary in nature and shall be conducted informally without the investigator being bound to follow strictly the technical rules of evidence. He shall take appropriate steps towards a peaceful and equitable settlement of the dispute.
67. Amicable settlement shall, in all cases, be reduced in writing and signed by the parties. Within fifteen (15) days from the signing thereof, a report with comments and recommendations shall be submitted to the Council for approval.
68. Should the parties fail to agree during the preliminary conference, the investigator shall immediately hear the case in the barrio, municipality or province where the subject of the controversy is located or at any other place agreed upon by both parties. Any disagreement as to venue shall be resolved by the Investigator whose decision is final.
69. The investigator shall hear first the testimony of the complainant/protestant and his witnesses and next the testimony of the respondent/protestee. During the proceedings, the parties shall have the right to confront and cross-examine the opposing party on the submitted affidavits. After the presentation of the evidence by
1 See sub-chapter 2 above, Filing of an application, Payment of filing fees (I). 82 Preparing national regulations for water resources management
the parties, they may at their option submit a memorandum/memoranda in support of their claim/defense in lieu of an oral argument.
70. The Investigator shall be duly authorized to administer oath to witnesses, take depositions and secure the attendance of witnesses and/or production of relevant documents through the compulsory process of subpoena and/or subpoena duces tecum. The contending parties may avail of such processes by filing a formal written request with the Investigator. The proceedings shall be duly recorded and shall include a physical or ocular inspection of the premises and for the purpose, the Investigator and the parties shall have authority to enter upon private lands with previous notice to the owners thereof. The Investigator may conduct ex-parte investigation/hearing if circumstances so warrant.
71. Interlocutory orders/rulings made during the proceedings are not appealable. Motions for postponement or continuance shall be based on valid and reasonable grounds and the grant or denial thereof rests upon the sound discretion of the Investigator, provided that not more than three (3) postponements may be given to either party or a total of six (6) postponements in a given case, regardless of the number of parties provided further, that in no case shall any postponement last for more than three (3) calendar days.
72. The Investigator shall transmit to the Council within fifteen (15) days from the date of termination of the proceedings, his report with the complete record of the case with a comprehensive sketch of the premises involved. The report shall contain the following: (a) Names and postal addresses of the parties; (b) Nature of the controversy; (c) Summary of the allegations and proofs presented by parties; (d) Clear and concise statement of the findings of facts borne by the evidence and/or revealed in the ocular inspections; (e) The law and rules involved; and (f) Conclusion, comment and recommendation.
73. All disputes shall be decided within sixty (60) days after the parties submit the same for decision or resolution. Decisions shall be in writing, stating clearly and concisely the cause or causes of action, findings of facts and the law or rules upon which they are based. The Council shall have the power to issue writs of execution and enforce its decisions with the assistance of national or local law enforcement agencies subject to prior notice to the party concerned in accordance with Article 84 of the Code.
74. Decisions, resolutions or orders of the Council shall be furnished to the contending parties through their counsel if represented, or by personal/substituted service or registered mail with return card. Personal/substituted service to the parties shall be acknowledged in writing, indicating the date or receipt and the name of the person serving. Should any person refuse to receive the decision, resolution or order, Preparing national regulations for water resources management 83 a written statement to such effect duly signed by the person serving shall be submitted. Decisions, resolutions or orders coursed through the deputies/agents of the Council, shall in all cases, be served upon counsel, if represented, or to the party within five (5) days from the date of receipt by the Office concerned.
75. A) Appeal form the decision of the Council in accordance with Article 89 of the Code shall be made by the party adversely affected within fifteen (15) days from receipt of the decision unless a petition for reconsideration or reinvestigation is filed with the Council within the same period. The filing of said petition suspends the running of the 15-day period within which to file an appeal with the Court. B) Petition for reconsideration/reinvestigation shall be based on any of the following grounds: 1. Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which the aggrieved party has probably been impaired in his rights; 2. Newly discovered evidence which petitioner could not, with reasonable diligence, have discovered, and produced at the investigation and which if presented would probably alter the result; and 3. Palpable errors in the findings of facts and conclusions of law or decisions that are not supported by the evidence adduced in the investigation. Only one petitioner for reconsideration/reinvestigation accompanied by proof of service upon the other party shall be entertained. Resolution or petitions for reconsideration/reinvestigation shall be served upon the parties concerned in accordance with Section 73 hereof.
76. The filing of petition for reconsideration and/or reinvestigation under the preceding section or an appeal with the Court of First Instance under Article 89 of the Code shall not stay the execution of the decision, resolution or order of the Council unless a bond as provided for in Article 88 shall have been posted.
II - LESOTHO - Water Resources Regulations, 1980 2. The Water Officer appointed under section 5(4) shall: ... (e) In the first instance hear disputes between users.
III - SOUTH AFRICA – National Water Act, 1998
Schedule 6 - Water Tribunal 5. Lodging of appeals and applications 1) An appeal to the Water Tribunal under section 148(1) and an application for determination of compensation must be commenced by serving a copy of a written notice of appeal or application on the relevant responsible authority or catchment management agency and lodging the original with the Tribunal. 2) The Tribunal may, for good reason, condone the late lodging of an appeal or application. 3) A responsible authority or a catchment management agency against whose decision or offer an appeal or application is lodged must within a reasonable time- a) send to the Tribunal all documents relating to the matter, together with the 84 Preparing national regulations for water resources management
reasons for its decision; and b) allow the appellant or applicant and every party opposing the appeal or application to make copies of the documents and reasons.
6. Hearing of appeals or applications by Water Tribunal 1) An appeal or application before the Water Tribunal must be heard by one or more members, as the chairperson may determine. 2) A party to an appeal or application may be represented by a person of that party's choice. 3) Appeals and applications to the Tribunal take the form of a rehearing. The Tribunal may receive evidence, and must give the appellant or applicant and every party opposing the appeal or application an opportunity to present their case. 4) The Tribunal must keep minutes containing a summary of the proceedings of every hearing.
7. Subpoenas and evidence 1) The Water Tribunal may-- a) subpoena for questioning any person who may be able to give information relevant to the issues; and b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the issues, to appear before the Tribunal and to produce that book, document or object. 2) A subpoena must be signed by a Tribunal member and must-- a) specifically require the person named in it to appear before the Tribunal; b) state the date, time and place at which the person must appear; and c) sufficiently identify any book, document or object to be produced by that person. 3) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies to the questioning of any person and to the production of any book, document or object in terms of this item. 4) The party at whose request a subpoena was issued must pay witness fees, travel and subsistence allowances to a person subpoenaed to appear before the Tribunal, at the applicable High Court scale. 5) The Tribunal may administer an oath or accept an affirmation from any person called or subpoenaed to give evidence.
8. Contempt of the Water Tribunal 1) A person commits contempt of the Water Tribunal-- a) if, after having been subpoenaed to appear before the Tribunal, the person without good cause does not attend; b) if the person, without good cause, fails to produce any book, document or object specified in a subpoena; c) if, after having appeared in response to a subpoena, the person fails to remain in attendance until excused by the Tribunal; d) by refusing to take the oath or to make an affirmation as a witness when the Tribunal so requires; Preparing national regulations for water resources management 85
e) by refusing to answer any question fully and to the best of that person's knowledge and belief, but subject to item 7(3); f) if during the proceedings, the person behaves improperly; or g) if the person prejudices or improperly influences the proceedings of the Tribunal. 2) The Water Tribunal may refer any contempt to a High Court. A High Court may make an appropriate order.
9. Decisions of the Water Tribunal 1) The Water Tribunal must give its decision in writing. A majority decision of members hearing a matter (if the matter is heard by more than two members) constitutes a decision of the Tribunal. 2) The Tribunal must, at the request of any party and within a reasonable time, give written reasons for its decision on any matter.
IV - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994 13. Settlement of Disputes (1) The Appropriate Authority shall hear and adjudicate disputes arising between permit holders or between a permit holder and other person concerning rights and obligations emanating from the permit. (2) An appeal may be lodged to the competent court within thirty (30) days against the decision of the Appropriate Authority rendered under sub-Article (1) of this Article.
11. ENSURING COMPLIANCE WITH THE LAW
Permit holders are subject to obligations stemming from the permit, and to obligations of general import laid down in the legislation. In addition, the general public is also subject to certain fundamental obligations, most notably, the obligation to refrain from utilizing water resources unless a permit is first obtained from the concerned government department or agency. While spontaneous compliance with these obligations is to be expected of the majority of the citizenry in general and of permit holders in particular, it is standard practice for legislation - including, in particular, subordinate legislation - to deter non-compliance by declaring generic or specific violations an offence (I, II, V and VIII), and subjecting these to penalties. These typically include fines and imprisonment, and, under the appropriate circumstances, non-conventional measures such as suspension or cancellation of permits (II), or a reduction in the amount of water allowed to be taken under a permit upon its renewal (III), or the demolition of illegal water abstraction works (IV). 86 Preparing national regulations for water resources management
Offences and penalties can be regarded as an integral part of law enforcement, i.e. of mechanisms and processes aimed at ensuring compliance with the law in general. In addition to offences and penalties, law enforcement involves certain powers for the government to do things which impinge on the individual's personal freedom, privacy and property. In addition to the general-purpose power of arresting offenders under the appropriate circumstances, law enforcement authority in relation to water permits generally includes the powers of entering and inspecting private property, and taking samples (VI), and the appointment of dedicated inspection officials (VII). However, in view of the constraining effect on some of the individual's basic liberties which the exercise of these powers has, an express grant of the required authority is generally found in principal legislation.
I - KENYA - Water (General) Rules 21. An operator who interferes with, or who knowingly permits any person to interfere with, any controlling or measuring device so that the quantity of water abstracted, diverted or stored is not in accordance with the terms of his licence, sanction or permit, or not in accordance with the terms of an order of the Water Apportionment Board or a water bailiff, shall be guilty of an offence.
24. Any person who without authority opens, or permits any person to open, any controlling device or work closed by order of the Water Apportionment Board, the chairman or a water bailiff in the execution of its or his duty shall be guilty of an offence.
25. ... (6) Any person who, not being in possession of a permit granted for that purpose, diverts water in the manner described in this rule shall be guilty of an offence.
II - PHILIPPINES - Water Rules and Regulations 77. A fine of not more than Two Hundred (P200.00) Pesos and/or suspension of the permit/grant for a period of not more than sixty (60) days shall be imposed for any of the following violations: a. illegal taking or diversion of water in an open canal or reservoir; ... d. failure of the appropriator to keep a record of water withdrawal when required by the Council or by the rules and regulations of other water oriented agencies such as Water Districts created pursuant to Presidential Decree No. 198, as amended, provided that such rules and regulations have been approved by the Council; e. repair without permission of hydraulic works or structures involving alteration of its hydraulic or structural features as originally approved; and f. such other infractions as the Council may determine. Preparing national regulations for water resources management 87
78. A fine of more than Two Hundred (P200.00) Pesos but not exceeding Five Hundred (P500.000) Pesos and/or suspension of the water permit/grant for a period of one hundred twenty (120) days shall be imposed for the following violations: a. unauthorized sale, lease or transfer of water permits and/or water rights; b. failure to install a regulating and measuring device for the control of the volume of water appropriated when required; c. non-payment of water charges; and d. violation of or non-compliance with any order, rule or regulation of the Council.
79. A fine of more than Five Hundred (P500.00) Pesos but not exceeding One Thousand (P1,000) Pesos and/or revocation of the water permit/grant of any other right to the use of water shall be imposed for any of the following violations: ... a. failure to provide adequate facilities to prevent or control disease whenever required in the construction of any work for the storage, diversion, distribution and utilization of water; … c. construction of any hydraulic work or structure without duly approved plans and specifications; d. failure to comply with any of the terms of conditions in a water permit or water rights grant not covered by the preceding sections; e. non-observance of any standard for the beneficial use of water and/or schedule of water distribution; f. use of water for a purpose other than that for which a right or permit was granted; g. malicious destructions of hydraulic works or structure valued at not exceeding Five Thousand (P5,000.00) Pesos; h. unauthorized sale of water in violation of the permit; and i. such other serious violations as the Council may determine.
III- AUSTRALIA- SOUTH AUSTRALIA - Control of Waters Regulations, 1971 13. ... (3) If any licensee diverts excess water in any year the Minister, in addition to recovering the rates therefor, may if issuing a licence for the succeeding year reduce the licensee's water allocation for such succeeding year by the amount of excess diverted.
IV - PHILIPPINES - Water Rules and Regulations 82. In cases where the violator is not a permittee or grantee or has no right to use the water whatsoever, the Council through its deputies or authorized representatives shall cause the stoppage of the use of the water either by plugging or sealing of the well if the same involves ground water appropriation or demolition of the dam or hydraulic structures if the same involves surface water, without prejudice to the institution of a criminal/civil action as the facts and circumstances may warrant.
V – SOUTH AFRICA - Regulations on Registration of Water Use, 1999 13. Offence Any person who contravenes or fails to comply with any provision of these regulations is guilty of an offence and liable on conviction to a fine or to 88 Preparing national regulations for water resources management
imprisonment for a period not exceeding five years.
VI - JAMAICA - Water resources regulations, 1995 23. Powers of entry, inspection, taking of samples. (1) Any person duly authorized in writing by the Authority may at any reasonable time enter upon any land for the purpose of –- (a) Monitoring compliance with the provisions of the Act or these Regulations, or with any of the terms or conditions subject to which a licence, easement or consent has been granted; (b) Inspecting and investigating conditions relating to the occurrence and quality of surface and underground waters, including, in particular –- (i) Installing, maintaining and reading equipment and apparatus for the recording of hydrological and hydro-geological data; and (ii) Searching for the purpose of ascertaining the occurrence and quality of underground water; (c) Reading or testing any meter or other measuring device installed for the purpose of ascertaining the amount or rate of water abstracted in pursuance of a licence granted under these Regulations; (d) Taking measures to ascertain the quantity of water abstracted or capable of being abstracted by means of any works; and (e) Examining records which are required to be kept under the Act or these Regulations. (2) A person authorized under this regulation to enter upon any land shall, if so required, produce evidence of his authority before entering. (3) Any person who wilfully obstructs a person acting in the exercise of his powers under this regulation shall be liable to the penalties specified in section 44 (2) of the Act. (4) If a person discloses any information obtained by him in the exercise of powers conferred on him by this regulation as to any manufacturing process or trade secret he shall, unless the disclosure is made in the course of performing his duty, be liable to the penalties specified in section 44 (2) of the Act. (5) The Authority shall, on demand being made by the owner or any other person having an interest over any land, live or dead stock, crops, trees, buildings or works that are damaged by the Authority in the exercise of any functions under the Act or these Regulations, pay to the owner or other person fair and reasonable compensation in respect of such damage.
VII - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994 11. Responsibilities of the Appropriate Authority The Appropriate Authority shall: … 5. assign supervisors to ensure that permit holders utilize the water in conformity with the condition of the permit. …
VIII – UGANDA - Water Resources Regulations, 1998 28. Offences and penalty (1) A person who contravenes the provisions of regulation 22, 23, 24, 26 and 28 of Preparing national regulations for water resources management 89 these regulations commits an offence and is liable, on conviction to the penalty specified in section 40 or 104 of the Statute. (2) No person shall, (a) contravene any condition attached to a water permit issued under regulation 3 or 10 of these regulations: (b) construct a borehole or fit a motorised pump on a borehole except in accordance with a drilling permit; (c) contravene any condition attached to a drilling permit; (d) carry out any construction works except in accordance with the construction permit; (e) contravene any condition attached to a construction permit; (f) if his or her dril1ing permit has been cancelled under these regulations, construct a borehole or fit any pump to a borehole except in accordance with a new drilling permit; (g) if his or her construction permit has been cancelled under these regulations, construct any works or fit any motorised pump, except in accordance with a new construction permit. (3) A person who contravenes any provision of subregulation (2) of this regulation commits an offence and is liable, on conviction, to the penalty specified in section 40 or 104 of the Statute. II. PREVENTION AND CONTROL OF WATER POLLUTION
See also: I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS
1. INTRODUCTION
1.1 Scope of the Chapter
Preventing and controlling pollution of water resources, both surface and underground, has come to be firmly established as a function of government in view of the far-reaching economic, social and public health implications of widespread degradation in the quality of available water resources. In principle and in administrative practice, preventing and controlling water pollution is distinct from controlling the quality of water supplied by public utility concerns to the general public for human consumption and other associated uses. The quality - or purity - of this water, also styled "mains water", after it has entered the supplier's mains is subject to standard prescriptions laid down in response to the paramount concern for the health of the public which consumes such water for drinking, cooking, washing, and bathing. These prescriptions bear no relationship to the more general rules which seek to avoid a deterioration in the quality of water in its natural state, before it is tapped for conveyancing to the general public. Furthermore, ensuring the purity of mains water is a function of the public utility responsible for the water supply service, and it responds to a paramount non-negotiable public health concern; preventing and controlling pollution of raw water resources, to whatever use they be put - be it domestic or industrial or irrigation or stockwatering or recreational or just preservation of the waters in their natural state - is instead a function of general government, dictated by a host of mostly negotiable factors at play in the political and in the legislative drafting and law implementation and enforcement processes. At the same time, the quality of "raw" water and that of "mains water" interface at the level of measures for the prevention and control of pollution of raw water intended for a public water supply. There is little doubt in fact that the more uncontaminated the source of water supplied to the public, the purer will be the water at the tap - or, at least, the 92 Preparing national regulations for water resources management lesser the treatment required at the water supply system intakes. Given the limited scope of this book, however, this chapter will focus on preventing and controlling water pollution in general, without regard to ensuring the wholesomeness of mains water.
Pollution of water resources is known to originate from a variety of sources. These can be conveniently grouped into two basic categories styled, respectively, "point" and "non-point" or "diffuse" sources. The former group is identified with pollution traceable to specific sources, such as industrial outfalls, domestic drains, municipal sewers and wastewater treatment plants, injection wells, and waste dumps, whose entry point into specific bodies of water, surface or underground, can be determined with sufficient accuracy. "Point" sources may impact the quality of water also indirectly, via deposition or dispersion on the ground or just leakage. "Point" sources may thus have a "diffuse" effect on water quality via overland runoff or percolation under the ground which may be difficult or impossible to trace with accuracy to the ultimate origin. The "non-point" category groups sources whose discrete origins are difficult to pin down with accuracy, such as the runoff of agricultural land where fertilizers and pesticides are employed, or the runoff of urban stormwater, and whose point of entry into water bodies - surface or underground - is difficult or impossible to determine with accuracy. In view of the comparatively recent vintage of principal legislation enacted to tackle this latter group of sources, far fewer - but no less significant - examples of subordinate legislation have been uncovered for presentation in this book.
The alternative to the government assuming it amongst its functions is for the control of water pollution to be left at the hands of the general public and, in particular, to the initiative of citizens who have a cause for complaint which is actionable before the courts. The complexity, uncertainty, length and costs of court battles initiated to vindicate the specific property rights of individual complainants or "diffuse" non-property interests of groups or classes of complainants have resulted in a shift to direct government intervention in a vast majority of countries, and a parallel shift in emphasis from remedying the effects of pollution to preventing this from occurring. In response to this generalized trend, and also in view of the far greater specificity which characterizes legislation regulating this particular function of government as opposed to the general procedural rules governing action in the courts, this chapter will focus on the former only and on the relevant operational mechanisms in particular. Preparing national regulations for water resources management 93 1.2 Legislative Approaches to Water Pollution Prevention and Control by the Government, and the Role of Subsidiary Legislation
A policy decision to replace government-directed pollution prevention and control for litigation-driven court action to remedy the effects of pollution is typically implemented through the adoption of legislation subscribing to one or any combination of a variety of approaches to achieving water pollution control goals. These approaches tend to fall into one of the following basic categories, namely, (a) forbidding the discharging of wastes into bodies of freshwater, on the ground or under the ground; (b) restricting such discharges through permits, licences, consents or authorizations granted by the government - the mentioned terms can, for practical purposes, be taken to be synonymous, and will be collectively referred to as "permits" in this Chapter; and (c) charging for the discharging of wastes in such a way that the external costs of pollution are factored or "internalized" in the discharger's decisions. These approaches are employed primarily in connection with the control of "point-source" pollution. Another approach consists of (d) zoning and attendant land use controls. These tend to feature in legislation primarily in connection with the control of water pollution from "diffuse" sources. In addition, "diffuse" pollution from "point" sources tends to be approached in a preventative manner by (e) prescribing precautionary measures in respect of selected land-based activities.
These approaches can also be combined, and licensing of waste discharges be complemented by charges for the wastes discharged, and by absolute prohibitions enjoining a core of impermissible actions. Also, zoning is generally complemented by relative or absolute prohibitions. It should be noted that governmental control over the discharging of wastewater - also termed "effluent" - resulting from a given water utilization or process can be achieved by inserting specific clauses as to the so-called "return flows" in the permit for the abstraction and use of water reviewed in Chapter I. It should also be mentioned that the target of permit requirements - and hence the mode of achieving governmental control of water pollution via the permit approach - varies from the generic act of discharging to the construction of works instrumental to the act of discharging, and from the carrying on of activities or processes which may result in the act of discharging to the departing from standard legislative prescriptions as to the quality which the waste must meet before being discharged. 94 Preparing national regulations for water resources management These water pollution control mechanisms generally operate in combination with other mechanisms also specifically designed to fight pollution of water, namely, standards of quality for the waste-receiving waters - also termed "ambient" water quality standards -, and standards of quality for the waste or effluent discharged - also termed "effluent" quality standards. Other specific mechanisms include inventories of the type, extent and sources of pollution, water quality management planning, and sampling and testing the quality of waters and wastes. These mechanisms complement, and are complemented by, permit requirements.
The basic policy decisions underlying the choice of approach is generally reflected in an Act of Legislature specifically dealing with water pollution prevention and control alone, or in combination with the control and prevention of pollution of other environmental media, or in conjunction with other aspects of water resources management - notably, allocation of water to different uses. In addition to spelling out the operational details of the approach opted for by the Legislature, subsidiary legislation provides for the complementary mechanisms needed to fully operationalize the course of action charted by principal legislation.
2. CONTROLLING WATER POLLUTION THROUGH PROHIBITIONS
Absolute prohibitions to jeopardize the quality of water resources - i.e. behaviours which are enjoined under any circumstances - may be used selectively to protect generic or specific environmental interests (I and III, respectively), and to ban generic or specific substances from entering water bodies (II, IV and VIII). Prohibitions may be also relative, i.e. they may be qualified by reference to extenuating circumstances. In this case, an otherwise impermissible behaviour becomes permissible if given circumstances occur (V and VI). Prohibitions to discharge waste not meeting given standards (VII), or "except" under a permit or other instrument fall in this category. This is a commonly used technique in legislation introducing the waste discharge permit requirements which will be reviewed in sub- chapter 3 below. Relative prohibitions also relate to the use of water in certain activities such as mining and related processes (IX), or spraying of contaminants near or into water resources (X). Preparing national regulations for water resources management 95 These prohibitions are backed up by penalties designed to deter non- compliance. Ultimately, the effectiveness of absolute prohibitions as a mechanism to achieve pollution control depends entirely on the availability and effective use of penalties and other complementary mechanisms of law enforcement, i.e. mechanisms to force compliance on recalcitrant members of society. These mechanisms are reviewed in sub-chapter 8 below.
I - ST. LUCIA - Public Health (Water Quality Control) Regulations, 1978 3. (1) No person shall commit or cause to be committed any act which may impair the quality of water in any river, stream, spring, well, pond, reservoir or any other place.
II - ST. LUCIA - Public Health (Water Quality Control) Regulations, 1978 3. ... (2) No person shall commit or cause to be committed any act which may impair the quality of any underground water by the discharge of any sewage, industrial or trade waste, filth, or any other matter into any well or abandoned well, hole or other opening in the ground. ...
III - KENYA - Water (General) Rules 77. Any person who deposits or who causes or allows to be deposited, into any body of water or any tributary thereof, any sawdust, any vegetable or mineral refuse, the effluent from a sheep or cattle dip, factory, premises or work, any sewage effluent or any other matter or thing of any kind which is harmful to the fish, fish life, the fry or ova of fish, or fish food contained in such body of water shall be guilty of an offence.
IV - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 6. No person shall discharge or cause or permit the discharge of any of the following substances into any inland waters: (1) any inflammable solvent; (2) any tar or other liquids immiscible with water; (3) refuse, garbage, sawdust, timber, human or animal waste or solid matters.
V - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973 29. ...(a)A person shall not discharge wastes from any premises by means of an overflow drain except as the result of accidental damage, excessive rainfall or other emergency situation. (b)The occupier of any premises at which an overflow drain is provided shall ensure that any prescribed control equipment is installed and operated and that any conditions and requirements imposed by the Council are observed at all times; provided that, where no control equipment has been prescribed and no conditions or requirements have been imposed, the occupier shall take all practicable measures to avoid any discharge and to minimise adverse effects on the receiving waters. ... 96 Preparing national regulations for water resources management
VI - AUSTRALIA - WESTERN AUSTRALIA - Health Act (Sewerage, Drainage and Underground Water Supply) Regulations, 1959 13. A person shall not deposit on, in or under any land any sewage or offensive matter, or any other substance or thing that may pollute or render unfit for human consumption the water in any well or other underground source of water supply, which water is used or intended or likely to be used for human consumption, unless the place where that sewage, offensive matter or other substance or thing is deposited is situated not less than one hundred (100) feet distant from that well or other underground source of water supply.
VII - PHILIPPINES - Water Rules and Regulations 45. No person shall discharge into any source of water supply any domestic sewage, industrial waste, or pollutant not meeting the effluent standards set by the National Pollution Control Commission.
VIII - NIGERIA - The National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations, 1991 1. No industry or facility shall release hazardous or toxic substances into the air, water or land of Nigeria's ecosystems beyond limits approved by the Agency.
IX - SOUTH AFRICA - Regulations on Use of Water for Mining and Related Activities aimed at the Protection of Water Resources, 1999 4. Restrictions on locality No person in control of a mine or activity may-- a) locate or place any residue deposit, dam, reservoir, together with any associated structure or any other facility within the 1:100 year flood-line or within a horizontal distance of 100 metres from any watercourse or estuary, borehole or well, excluding boreholes or wells drilled specifically to monitor the pollution of groundwater, or on water-logged ground, or on ground likely to become water- logged, undermined, unstable or cracked; b) except in relation to a matter contemplated in regulation 10, carry on any underground or open-cast mining, prospecting or any other operation or activity under or within the 1:50 year flood-line or within a horizontal distance of 100 metres from any watercourse or estuary, whichever is the greatest; c) place or dispose of any residue or substance, which causes or is likely to cause pollution of a water recourse, in the workings of any underground or open-cast mine excavation, prospecting diggings, pit or any other excavation; or d) use any area or locate any sanitary convenience, fuel depots, reservoir or depots for any substance which causes or is likely to cause pollution of a water resource within the 1:50 year flood-line of any watercourse or estuary.
5. Restrictions on use of material No person in control of a mine or activity may use any residue or substance which causes or is likely to cause pollution of a water resource for the construction of any dam or other impoundment or any embankment, road or railway, or for any other purpose which is likely to cause pollution of a water resource. Preparing national regulations for water resources management 97
X - ISRAEL - Water Regulations (Prevention of Water Pollution) (Spraying Near Water Sources), 1991 1. In these regulations – “Active Material ” – Chemical or biological material, or a mixture of chemical and biological materials designated to be sprayed for the following purposes: 1. To regulate growth, flowering and fertility and their prevention; 2. Fertilization and enrichment; 3. Prevention of deficiency illness or physiological illness, whether in plants or animals; 4. Loss of foliage; 5. Extermination, rejection’ or attraction of contaminants, whether in plants or animals; 6. Spreading, adhesion, or wetting of the active ingredients.
2. A person may not spray in a manner that will cause or is likely to cause an active ingredient to reach a water source, will not cause spraying as stated, and will not assist therein.
3. An operator may not pilot an aircraft that contains an active ingredient over the Kinneret, the lakes that are included in the national water carrier or water reservoirs that are used for drinking water, or along the upper Jordan River and its tributaries, the national water carrier canal nor over any stream in the Kinnerret Water Basin.
4. Aerial spray may not be carried out unless there is wind that doesn’t fall below 5km/hour and blows from the direction of water source towards the area (hereafter – Proper Wind Conditions), and only on the condition that: (1) The operator does not enter the area to carry out aerial spraying unless the client informs him that the proper wind conditions are in effect in the area. (2) If the operator comes to the area and finds the improper wind conditions, or if they change during the course of spraying, the spraying must be halted until the proper wind conditions are in effect; this order applies both to the client and to the operator. (3) The client must ensure that a smoke signal is lit in the area, as a sign of wind conditions, before and during aerial spraying; (4) The height of the spray plane does not exceed 12 meters from the spraying objective.
5. (A) Aerial spraying will be conducted at a distance not less than – (1) 300 meters from the water sources referred to in regulation 3, and 200 meters from the streams specified in the addendums, unless the Minister approves spraying from a distance less than the above mentioned norm, but never less than 50 meters from the above-mentioned water sources; (2) 50 meters from every other stream. (B) No permit will be granted to spraying as stated in secondary regulation 1A unless it is proven, in the opinion of the Minister, that it is essential to spray the area because the spraying cannot be done from the ground, and that the active material to be sprayed is approved by him and as well as by a person approved as such by the 98 Preparing national regulations for water resources management
Minister of Health. (hereafter – Minister of Health). (C) No spraying will be conducted as is stated in the secondary regulation (B) except under the supervision of the person appointed by the Minister. (D) In spite of that which is stated in regulation 1A, aerial spraying with granulated fertilizer and with non-standard biological material which does not leave residue and that is approved by the Minister as well as by the Minister of Health, will be carried out at a distance no less than 50 meters from the water sources listed in sub regulation (A)(1).
6. Filling, emptying and rinsing the spraying device may be carried out by the operator only in an installation designated for rinsing leftover active material, and is subject to every law.
3. CONTROLLING POLLUTION THROUGH WASTE DISCHARGE OR OTHER PERMITS OF COMPARABLE SCOPE
As already intimated in the Introduction to this chapter, permit requirements may be directed at, inter alia, the act of discharging waste into a water medium or the carrying on of activities or processes which result in the act of discharging waste. In both approaches the emphasis is on preventing water pollution by minimizing the polluting potential of waste releases into a receiving water medium. A permit requirement in respect of the carrying on of a potentially polluting activity or process, however, reflects a somewhat more radical preventative approach to water pollution control insofar as it may result in a proposed activity or process from ever moving past the blueprint stage. While the philosophy of approach differs substantially, the mechanics of implementation of the two approaches to a permit mechanism are essentially the same.
Subsidiary legislation provides the procedural and substantive details of implementation of permit mechanisms with specific regard to the process leading to the grant - or to the refusal to grant - permits (sub-chapter 3.1), general obligations of permit holders (sub-chapter 3.2), suspension, cancellation and variation of permits (sub-chapter 3.3), charging in connection with permits (sub-chapter 3.4), and the safeguarding of "existing" discharges and processes (sub-chapter 3.5). Preparing national regulations for water resources management 99 3.1 The Granting of Waste Discharge Permits
Typically, the grant - or refusal - by the government of a waste discharge permit is the resultant of a process which is structured in the legislation as a sequence of steps, as follows:
Step One - Fulfilling requirements precedent to the filing of applications
Publicizing through the prescribed media of communication one's intention to apply for a waste discharge permit may constitute a pre-requisite to the actual filing of an application (I).
I - IRELAND - Local Government (Water Pollution) Regulations, 1978 5. (1) Prior to the making of a licence application, the applicant shall publish in a newspaper circulating in the functional area of the local authority notice of his intention to make such application. (2) A notice under sub-article (1) shall contain, as a heading, the words "Discharge of Effluent to Waters" and shall: (a) state the name of the applicant and the name of the local authority to which application is made, (b) give a general description of the effluent, (c) in the case of trade effluent, state the nature of the trade or industry, (d) state the name and location of the premises from which the effluent is to be discharged, and (e) indicate the waters to which the effluent is to be discharged. (3) Sub-article (1) shall not apply to a licence application made before the 1st day of October, 1978 in respect of: (a) an existing discharge, or (b) a discharge from a development for which a permission (other than outline permission) or an approval consequent on an outline permission has been granted under the Local Government (Planning and Development) Acts, 1963 and 1976 during the period of five years prior to the 1st day of October, 1978.
Step Two - Filing of applications
Circumstances under which a permit is required
It is not uncommon to find a clarification as to the kinds of "discharges", "processes" and receptor media requiring a permit, and hence a delineation 100 Preparing national regulations for water resources management of the precise scope of application of waste discharge or process permit requirements, in subsidiary legislation. This takes the form of descriptions of the circumstances under which a permit is required (I to V).
I - PHILIPPINES - Water Rules and Regulations 1. When Permit/Authority from the National Water Resources Council Must be Secured. As required under the provisions of P. D. 10671, a permit/authority shall be secured from the Council in the following instances: ... (i) Dumping of mine tailings or wastes into a river or a waterway; ...
II - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 4. (1) Except with the prior written consent of the Minister granted in accordance with these Regulations, no person shall discharge or cause to be discharged into public water: (a)any water or effluent resulting from: (i) any sewage treatment works, (ii) any water-borne sanitation system, or (iii) the use of water for any manufacturing, mining or other industrial purposes; and (b)any storm-water sewer effluent. (2) The provisions of sub-regulation (1): (a) shall, in respect of the waste or effluent specified in paragraph (a), thereof, apply whether the discharge of such waste or effluent is through seepage or drainage; and (b) shall not apply where any waste or effluent specified therein has been accepted into a local authority sewer.
III - UNITED KINGDOM - The Environmental Protection (Prescribed Processes and Substances) Regulations, 1991 3. (1) Subject to the following provisions of these Regulations, the descriptions of processes set out in Schedule 1 hereto2 are hereby prescribed pursuant to section 2(1) of the Act as processes for the carrying on of which after the prescribed date an authorization is required under section 6. ...
1 Presidential Decree No. 1067 of 31 December 1976 (Water Code). 2 Omitted. The Schedule contains detailed lists of "Processes", arranged in six chapters on, respectively, Production of Fuel and Power and Associated Processes (chapter 1); Metal Production and Processes (chapter 2); Mineral Industries (chapter 3); the Chemical Industry (chapter 4); Waste Disposal and Recycling (chapter 5); and Other Industries (chapter 6). In each chapter, processes are grouped under two separate headings styled Part A and Part B, respectively. A statutory definition of "process" is given in section 1(5) of the Environmental Protection Act 1990, as follows: "(5) "Process" means any activities carried on in Great Britain, whether on premises or by means of mobile plant, which are capable of causing pollution of the environment and "prescribed process" means a process prescribed under section 2(1) below." Preparing national regulations for water resources management 101
4. (1) Subject to paragraph (6), a process shall not be taken to be a Part A process if it has the following characteristics, namely: ... (ii) that it cannot result in the release into water of any substance prescribed by regulation 6(2) except in a concentration which is no greater than the background concentration; ... (6) Paragraphs (1) and (2) do not exempt any process described in Schedule 1 from the requirement for authorization if the process may give rise to an offensive smell noticeable outside the premises where the process is carried on. (7) In these regulations, "background concentration" means any concentration of the relevant substance which would be present in the release irrespective of any effect the process may have had on the composition of the release and, without prejudice to the generality of the foregoing, includes such concentration of the substance as is present in: (a) water supplied to the premises where the process is carried on; (b) water abstracted for use in the process; (c) precipitation onto the premises on which the process is carried on.
6. ... (2) The descriptions of substances set out in Schedule 51 are so prescribed as substances the release of which into water is subject to control under those sections.
IV - NIGERIA - The National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations, 1991 15. (1) No effluent with constituents beyond permissible limits shall be discharged into public drains, rivers, lakes, sea or underground injection without a permit issued by the Agency or any organisation designated by the Agency. (2) No oil, in any form, shall be discharged into public drain, rivers, lakes, sea, or underground injection without a permit issued by the Agency or any organisation designated by the Agency. ... (6) An industry or a facility with a new point source of pollution or a new process line with a new point source shall apply to the Agency for discharge permit not later than 180 days before commencing the discharge of any effluent arising from any operation.
V - UGANDA - The Water (Waste Discharge) Regulations, 1998 4. Prohibition on the discharge effluent or waste (1) No person shall discharge effluent or waste on land or into the aquatic environment contrary to the standards established under regulation 3 unless he or she has a permit in the format specified in the First Schedule issued by the Director. …
5. Waste discharge permit (1) A person, (a) to whom a works approval has been issued; or (b) who is or proposes to be (i) the owner or operator of any industry or trade which discharges or which will discharge effluent or waste into the aquatic environment or on land; (ii) responsible for producing, storing, discharging or disposing of any waste,
1 Omitted. The Schedule lists twenty-three "Prescribed Substances". 102 Preparing national regulations for water resources management
or any waste containing a substance specified in the Second Schedule to these regulations; (iii) engaged in any trade specified in the Third Schedule to these regulations; (iv) the owner or occupier of any premises specified in the Third Schedule from which waste may come into contact with water, directly or indirectly; may apply to the Director for a waste discharge permit. (2) Any person who contravenes the provision of this regulation commits an offence and is liable, on conviction, to the penalty prescribed under section 40 of the Statute.
Format of applications
Standard formats for waste discharge applications may be appended to subsidiary legislation as "Forms" for the convenience of the user. The prescribed forms may concern the proposed generic activity of discharging waste (I and II) or equipment or structures instrumental to the activity (III). The format of applications may also be left to the discretion of the responsible government authority (IV).
I - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 Form WRB.7 - Application for Minister's Consent to Discharge Waste or Effluent into Public Water - See Appendix II, page 341.
II - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973 Form 1 - Application for Licence to Discharge Waters - See Appendix II, page 344. Form 1A - Report Attached to Application for Licence to Discharge Wastes - See Appendix II, page 345.
III - AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972 Form 2 - Application for Approval to Install, Construct or Modify Apparatus, Equipment or Works - See Appendix II, page 346.
IV - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 9A. Waste discharge licence (1) An application for a licence under section 74 of the Act shall be in a form approved by the Controller and shall be lodged with the Controller. … Preparing national regulations for water resources management 103 Supporting documents and evidence
Documentary evidence in support of the application is generally required to assist decisionmakers forming an opinion on the merits of a proposed waste discharge operation. Relevant requirements may feature in the standard Forms of applications (see, for example, Malawi's Water Resources (Pollution Control) Regulations, 1978, Form WRB.7 reproduced in this sub- chapter under Format of applications, example I) or be separately prescribed (I–VII).
I - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 15. Where the Minister requires him so to do, an applicant for the Minister's consent or a person to whom the Minister's consent has been granted shall, at no expense to the Minister or the Board take samples of waste or effluent in the manner which the Minister may prescribe and have such samples analyzed by an analyst recognized by the Minister and furnish the results of such analysis to the Minister.
II - PHILIPPINES - Water Rules and Regulations 4. All applications shall be filed in the prescribed form, sworn to by the applicant and supported by the following: ... (B) For a ... Permit to Dump Mine Tailings or Wastes: ... 2. Brief description of project, including among others, ... amount of water to be discharged back to the source and measures to be taken to insure that such waters are not polluted, other relevant information; ...
III - IRELAND - Local Government (Water Pollution) Regulations, 1978 7. (1) A licence application shall be accompanied by: (a) such plans, in duplicate, and such other particulars as are necessary to describe the premises, drainage system and any works, apparatus or plant from which the effluent is to be discharged and to identify the waters to which the discharge is to be made and the point of discharge, (b) particulars of the nature, composition, anticipated temperature, volume and rate of discharge of, and the proposed method of any treatment of, the effluent and the period or periods during which the effluent is to be discharged, and (c) in the case of a trade effluent, a general description of the process or activity giving rise to the discharge. (2) A licence application for an existing discharge shall be accompanied by a statement that it is such a discharge in addition to the information specified in sub- article (1). (3) An applicant for a licence, other than a licence for an existing discharge, shall also furnish such other particulars as the local authority may reasonably require for consideration of the application, including particulars of the quality, volume and flow rate of receiving waters, the effects of the discharge on such waters and the results of any investigation made, or required by the local authority to be made, in relation to such matters. 104 Preparing national regulations for water resources management
IV - QUEENSLAND - Clean Waters Regulations, 1973 5. ... (ii) The applicant shall furnish complete information on Form 1A1 of the Schedule regarding: (a) the quantities, the times and the rates of discharge, and the physical, chemical, biological and radioactive components and characteristics of the wastes to which he desires such licence to apply; (b) the control equipment provided or proposed to be provided in relation to such discharge; (c) the location or proposed location of such discharge; (d) any investigations into the effects of the discharge of such wastes at such location. ...
6. ... (iii) If an application is in relation to the transport of wastes from premises for disposal on or in any land, the applicant shall furnish complete information on Form 2A2 of the Schedule regarding: (a) the quantities, the times and the rates of transport and the physical, chemical, biological and radioactive components and characteristics of the wastes to which he desires such licence to apply; (b) the control equipment provided or proposed to be provided in relation to such disposal; (c) the method of operation of such disposal; (d) the location or proposed location of such disposal; (e) any investigation into the effects on any waters of the disposal of such wastes at such location; (f) the names and addresses of the persons responsible for the transport and disposal of such wastes if not performed by the occupier. (iv) If an application is in relation to the transport of wastes from premises for subsequent discharge to any waters, the applicant shall furnish the information prescribed in form 1A3 of the Schedule. (v) The applicant shall furnish such additional information as the Director considers necessary for the purposes of the prescribed report and recommendation to the Council on the application and such other additional information as the Council may require after consideration of such report and recommendation. ...
V - CAYMAN ISLANDS - Water Authority Regulations, 1985 14. (1) All applications for a permit under this part of the regulations shall be made to the Authority on the appropriate form issued by and obtainable from the Authority, shall include such of the appropriate particulars as are material to the application, shall be accompanied by satisfactory evidence of planning permission, if such permission is required under the Development and Planning Law (Revised), and shall comply with such provisions of this part of the regulations as are relevant. ...
1 See Appendix II, page 345. 2 Omitted. 3 See Appendix II, page 345. Preparing national regulations for water resources management 105
VI - CANADA – SASKATCHEWAN - The Water Regulations, 2002 7. Requirements for applications for permits (1) In this section: (a) “aquatic guidelines” means a Guide to Aquatic Nuisances and their Control, EPB 47, as issued by the department and dated November, 2002; (b) “standards” means the Industrial Works Construction Application Standards, as issued by the department and dated November, 2002. (2) For the purposes of this Division, the following, as amended from time to time, are adopted: (a) a Guide to Aquatic Nuisances and their Control, EPB 47, as issued by the department and dated November, 2002; (b) the Industrial Works Construction Application Standards, as issued by the department and dated November, 2002. (3) The minister shall cause the aquatic guidelines and standards adopted pursuant to this section to be made available to the public in any manner that the minister considers likely to bring them to the public’s attention, including causing them to be posted on the department’s Internet website. (4) A person who applies for a permit pursuant to Division 3 of Part IV of the Act shall: (a) file a written application with the minister in a form satisfactory to the minister; (b) provide the information and materials required by: (i) in the case of a permit required by clause 35(1)(b) of the Act1, the aquatic guidelines; (ii) in the case of a permit required by clause 35(1) (a) or (c)1 of the Act, the standards; … (c) provide any other information or materials that the minister may reasonably request.
VII - UGANDA - The Water (Waste Discharge) Regulations, 1998 8. Additional information The Director or a person authorised by the Director may (a) require an applicant to prepare and submit plans or further information to support any application made under regulation 5; …
Payment of filing fees
Payment of filing fees is generally required to help defray the administrative costs of processing applications. Flat (I and IV) or variable fees are prescribed, the latter varying as a function of given variables - notably, the monetary value of waste discharge works (II), or the quantity of the waste involved (III).
1 Permit required to discharge wastes into water. 106 Preparing national regulations for water resources management
I - PHILIPPINES - Water Rules and Regulations 6. There shall be imposed and collected a fee of One Hundred Pesos (P100.00) from every applicant, except government agencies, water districts, and duly organized associations or cooperatives for irrigation or rural water supply which shall be paid to the Council in postal money order through the Office where the application is filed.
II - AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972 12. (1) For the purposes of section 19(2) of the Act: ... (b)the prescribed fee is, where the total cost estimated by the Under Secretary of the proposed installation, construction or modification is: (i) not more than $20 000 -$10; (ii) more than $20 000 but not more than $50 000 - $20; (iii) more than $50 000 but not more than $100 000 - $40; (iv) more than $100 000 but not more than $250 000 - $100; (v) more than $250 000 but not more than $500000 - $200; (vi) more than $500 000 but not more than $1 000 000 - $400; (vii) more than $1 000000 but not more than $1 500 000 - $650; (viii) more than $1 500 000 but not more than $2 000 000 - $900; or (ix) more than $2 000 000 - $1 000. ...
III - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973 13. (i) The fee for an application for a licence shall be: (a)Wastes discharged from premises to water. For each 100 cubic metres per day or part thereof $10 with a minimum fee of $40. ...
IV - UGANDA - The Water (Waste Discharge) Regulations, 1998 6. Application for waste discharge permit … (c) be accompanied by the relevant application fee specified in Form B of the Fourth Schedule to these regulations.
Fourth schedule – Form B – Application fees and waste discharge fees – See Appendix II, page 347.
Step Three - Review of applications
The discharging of waste may adversely affect the quality of the receiving waters, and, as a result, may interfere with plans, programmes and projects under the control of government departments and agencies, with the rights of users of such waters - from commercial users to conservationists - and with the diffuse interest of the general public in a healthy and clean living environment. As a result, the potential for controversy and conflict both within government and outside tends to be considerable. The potential for conflict of water polluting activities can be reduced through prior Preparing national regulations for water resources management 107 consultation within government and with the public, and this is generally and most effectively achieved at the review and appraisal stage of permit applications. To this end, prior consultation with concerned government departments and agencies, public notice and inspection of an application, and comment requirements are generally featured in the legislation, subsidiary legislation in particular providing the procedural and substantive details of implementation (I, III, IV and VI). Field investigations may also be required to determine whether the proposed waste discharge structures and processes are adequate; and whether and to what extent the proposed discharge or activity will impact on the quality of the receiving waters and of the surrounding environment, and on the specific rights of water abstraction permit holders and on the "diffuse" rights of the general public. While such investigations will ordinarily be required in connection with the provision by the applicant of the prescribed evidence in support of his application (see in this regard Step Two - Filing of applications - Supporting documents and evidence, above), independent or complementary investigations may be carried out by the reviewing government department or agency (II, V and VI).
I - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 6. (1) Any person may apply for the Minister's consent to discharge any waste or effluent specified in regulation 41. (2) An application for the Minister's consent shall be made in Form WRB72 set out in the Schedule hereto and shall be submitted through the board which shall, within fourteen days after receiving the application, give notice thereof in the Gazette and in at least two consecutive issues of the most frequently circulated paper in Malawi, the date of such Gazette and the date of either of such issues not being more than five days apart.
7. Where notice of any application has been published under regulation 5, any person having an interest in the matter may, within thirty days after the date of such publication in the Gazette, object to the application in writing addressed to the board, stating: (a) his name and address (b) his interest in the matter (c) the matter in respect of which he is objecting to the application; (d) the grounds of his objection; and (e) whether or not he wishes to be heard on his objection.
1 See this sub-chapter, Step Two - Filing of applications, Circumstances under which a permit is required, example II. 2 See Appendix II, page 341. 108 Preparing national regulations for water resources management
8. The Board shall consider every application for the Minister's consent and any objection thereto and may consult such persons and authorities as it deems necessary for the purpose of considering such application or objection.
9. (1) Every person who, pursuant to regulation 6, objects to an application for the Minister's consent shall, during the consideration of his objection, be entitled to attend before the Board in person or, if such person is a body corporate, by a senior director or executive of such body corporate or to be represented thereat by a legal practitioner and shall be entitled to be heard and to adduce evidence in respect of any matter relevant to his objection. (2) The Board shall, by letter sent by ordinary post to the address stated in the objection, notify the person objecting to an application for the Minister's consent of the date, time and place of consideration of his objection.
II - IRELAND - Local Government (Water Pollution) Regulations, 1978 8. Where an applicant fails or refuses to comply with any requirement of a local authority under article 7(3) in relation to the furnishing of results of any investigation within three months of such requirement, the local authority may carry out, or arrange to have carried out, such investigation and may require the applicant to defray or contribute towards the cost of any such investigation.
III - IRELAND - Local Government (Water Pollution) Regulations, 1978 10. A local authority shall make available for public inspection during normal office hours at the offices of the local authority, from the time of receipt of the relevant documents until the licence application or any appeal relating thereto is determined, the application and any plans and other particulars submitted by the applicant to the local authority, including any plans or other particulars submitted in pursuance of article 7.
IV - UNITED KINGDOM - The Groundwater Regulations (Northern Ireland) 1998 23. Transfrontier consultation (1) Where the Department [of Environment] intends to grant an authorisation for a discharge into transfrontier groundwater it shall inform the competent authorities in the Republic of Ireland before an authorisation is issued. (2) At the request of either the Department or the competent authorities in the Republic of Ireland and before an authorisation is granted under regulation 17 or 18, consultations shall be held in which the Commission may participate.
V - INDIA - The Water (Prevention and Control of Pollution) Rules, 1975 (2000) 33. Procedure for making inquiry into application for consent (1) On receipt of an application for consent under section 25 or section 26, the Central Board may depute any of its Officers, accompanied by as many assistants as may be necessary, to visit to the premises of the applicant to which such application relates for the purpose of verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information as Preparing national regulations for water resources management 109
such officer may consider necessary. Such officer may for that purpose inspect any place where water or sewage or trade effluent is discharged by the applicant, or treatment plants, purification works or disposal systems of the applicant and may require the applicant to furnish to him any plans, specifications and other data relating to such treatment plants, purification works or disposal systems or any part thereof, that he considers necessary. (2) Such officer shall before visiting any premises of the applicant for the purpose of inspection under sub-rule (1) above, give notice to the applicant of his intention to do so in Form XIV. The applicant shall furnish to such officer all facilities that such officer may legitimately require for the purpose. (3) An officer of the Central Board may, before or after carrying out an inspection under sub-rule (1) above, require the applicant to furnish to him orally or in writing such additional information or clarification, or to produce before him such documents, as he may consider necessary for the purpose of investigation of the application and may for that purpose, summon the applicant or his authorised agent to the office of the Central Board.
VI - UGANDA - The Water (Waste Discharge) Regulations, 1998 7. Advertisement of applications (1) The Director (a) shall at least on two separate occasions publish, in a newspaper of general circulation in the area to which the application relates, a notice summarising the nature of any application received under regulation 5; (b) may give such other public notice of the application as he or she considers appropriate in the circumstances; (c) may give written notice of the application to any person whom he or she considers may be adversely. affected by the discharge of the waste to which the application relates; and (d) shall invite submissions on the application in any notice given under this regulation within thirty days of the date of the notice or such longer period as the Director thinks appropriate in the circumstances. (2) The applicant shall be responsible for the expenses incurred under subregulation (1).
8. Additional information The Director or a person authorised by the Director may … (b) enter any land to which an application relates and undertake any investigations that are necessary for considering the application.
Step Four - Deciding on applications
Decisions as to whether or not to grant a permit, or to grant it subject to terms and conditions departing from those sought by the applicant are typically left to the discretion of the responsible decisionmaker (I and VI). 110 Preparing national regulations for water resources management Whilst the law cannot prescribe the nature and contents of specific decisions, it can nonetheless orientate their making by prescribing "criteria" which decisionmakers are to follow in arriving at decisions on applications (II to IV, VIII and IX). However, the discretionary authority of administrators can be severely curtailed in relation to groundwater polluting substances (VIII). It is worth pointing out that decisionmaking criteria will provide useful ammunition for challenging decisions on their merits on appeal (see in this regard Step Six below). Pending further review of an application and a final decision on it, an interim decision can be made resulting in the grant of a "temporary" permit (V).
I - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 11. (1) The Minister, having considered an application and the report of the Board thereon and such other documents as were submitted to him under regulation 9, shall decide whether or not he should grant his consent and where he has decided so to do he shall grant his consent in Form WRB.81 set out in the Schedule hereto.
II - NEW ZEALAND - Waters Pollution Regulations, 1963 12. ... (2) When considering any such application the Council shall have regard to the effect of other discharges for which permits have been or may be issued on the waters that will be affected by the discharge in respect of which the permit is sought.
III - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973 26. ... (e) In considering an application for a licence or the renewal of a licence or the transfer of a licence for the discharge or disposal of wastes the Council shall have special regard to: (i) the requirements of any prescribed water quality plans and objectives; (ii) any recommendations of the Environmental Control Council; (iii)the desirability of preserving the quality of the waters at the existing level; (iv)the desirability of restoring the quality of the waters to a higher level; (v)the desirability of ensuring that the best practicable available treatment or control of wastes is employed; (vi)the desirability of making provision for future waste discharges; (vii)the combined effects of the discharge or disposal of wastes and other discharges and disposals of wastes on the waters; (viii)effects of periods of no flow in the watercourse; and shall determine whether the general standard shall apply or whether and what specific standards shall be attached to the licence, the renewed licence or the transferred licence and shall also determine whether and in what manner the standards attached to any other licence shall be varied.
1 Omitted. Preparing national regulations for water resources management 111
IV - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 11. ... (3) The Director-General may refuse to grant the application for a licence if he is satisfied that the granting of application for such a licence is likely to cause a worsening of condition in the inland waters or cause pollution in any other segment or element of the environment. (4) Without prejudice to the generality of paragraph (3) of this regulation, the Director-General may grant the application for a licence if he is satisfied that: (a) there is no known practicable means of control to enable compliance with the acceptable conditions; or (b) the estimated cost to be incurred for compliance will be prohibitive having regard to the nature and size of the industry, trade, or process being carried out in the premises discharging the effluent; or (c) the design and construction of any treatment plant or other control equipment and their commissioning require a longer period than the period for compliance with these Regulations; or (d) the imposition of the acceptable conditions as prescribed may result in circumstances which, in his opinion and having regard to all factors, are not reasonably practicable or are contrary to the intent and spirit of the Act; or (e) a sewerage system is to be provided and the effluent is permitted to be admitted into the sewerage system. ...
V - NEW ZEALAND - Waters Pollution Regulations, 1963 12. ... (3) Where an application for a permit relates to an outfall from which pollutants are already being discharged, the Council, in its absolute discretion, may grant a temporary permit authorising the continuation of the discharge subject to such terms and conditions (if any) as may be prescribed in the temporary permit. Any such temporary permit shall cease to have effect when the application is finally dealt with by the Council under subclause (1) hereof.
VI - CANADA – SASKATCHEWAN - The Water Regulations, 2002 9. Decision respecting permits (1) If the minister receives an application and the information and material required by this Part, the minister shall: (a) either: (i) if the minister is satisfied that the Act and these regulations have been complied with and that it is not contrary to the public interest to do so, issue a permit; or (ii) refuse to issue a permit; and (b) notify the applicant of the decision. (2) On issuing a permit, the minister may impose any terms and conditions on the permit that the minister considers appropriate. … VII - UNITED KINGDOM - The Groundwater Regulations, 1998 4. Measures to prevent the introduction into groundwater of list I substances (1) An authorisation shall not be granted if it would permit the direct discharge of any substance in list I. (2) An authorisation shall not be granted in relation to: 112 Preparing national regulations for water resources management
(a) the disposal, or tipping for the purpose of disposal, of any substance in list I which might lead to an indirect discharge of that substance; or (b) any other activity on or in the ground which might lead to an indirect discharge of any substance in list I, unless that activity has been subjected to prior investigation. (3) In the light of any such investigation- (a) an authorisation shall not be granted if it would permit the indirect discharge of any substance in list I; and (b) any authorisation granted must include conditions which require that all necessary technical precautions are observed to prevent an indirect discharge of any substance in list I. … (5) However, a discharge of any substance in list I into groundwater may be authorised after prior investigation if- (a) the investigation reveals that the groundwater is permanently unsuitable for other uses (especially domestic or agricultural uses), presence of that substance does not impede exploitation of ground resources and conditions are imposed which require that all technical precautions are observed to prevent that substance from reaching other aquatic systems or harming other ecosystems; or (b) the discharge is due to the re-injection into the same aquifer of water used for geothermal purposes, water pumped out of mines and quarries or water pumped out for civil engineering works.
5. Measures to limit the introduction into groundwater of list II substances to avoid pollution (1) An authorisation shall not be granted in relation to- (a) any direct discharge of any substance in list II; (b) any disposal or tipping for the purpose of disposal of any substance in list II which might lead to an indirect discharge of that substance; (c) any other activity on or in the ground which might lead to an indirect discharge of any substance in list II,unless that activity has been subjected to prior investigation. (2) An authorisation may only be granted if, in the light of any such investigation, it includes conditions which require that all necessary technical precautions are observed to prevent groundwater pollution by any substance in list II. (3) The following powers shall be exercised if it is necessary to do so for the purpose of avoiding pollution of groundwater by substances in list II- (a) in the case of any discharge from a highway drain or road drain which contains such substances, the powers conferred by section 86(1) of the Water Resources Act 1991 or section 30G(1) of the Control of Pollution Act 1974 (prohibition of certain discharges by notice); (b) in the case of any activity falling within paragraph (1)(c) above and not falling within sub-paragraph (a) above, the powers conferred by regulation 19. 7. Examination required in prior investigation Any prior investigation required by regulation 4 or 5 shall include examination of- (a) the hydrogeological conditions of the area concerned; (b) the possible purifying powers of the soil and subsoil; and Preparing national regulations for water resources management 113
(c) the risk of pollution and alteration of the quality of the groundwater from the discharge, and shall establish whether the discharge of substances into groundwater is a satisfactory solution from the point of view of the environment.
8. Surveillance of groundwater An authorisation which is subject to any of the provisions of regulation 4, 5 or 6 may only be granted if the Agency has checked that the groundwater (and, in particular, its quality) will undergo the requisite surveillance.
VIII – VIET NAM - Decree No.179/1999 Stipulating the Implementation of the Law on Water Resources 5. - The granting of permits to discharge waste water into water sources stipulated in Article 18 of the Law on Water Resource is specified as follows: (2) Grounds for granting permits: The granting of permits for discharge of waste water into water sources must be based on: a) The Law on Water Resources and other relevant legislation; b) The planning for protection, exploitation and use of water sources and prevention of and combat against harmful effects caused by water in river basins, as well as the planning on systems of water conservancy works; c) The water sources' capacity to take in waste water; and the criteria of waste water: d) Proposals of the agency(ies) managing the river basin zoning; and organizations and individuals managing and exploiting water conservancy works.
IX - UGANDA - The Water (Waste Discharge) Regulations, 1998 9. Consideration of application (1) The Director shall, in considering an application under regulation 5, have regard to the following (a) the existing authorised and projected quality of water in, and down-stream of the area; (b) any adverse effect which the discharge of waste is likely to have on (i) the existing authorised uses of water; (ii) possible future beneficial uses of water; (iii) any aquifer or waterway, including effects on land which forms the waterway or its surroundings; (iv) the environment, including the riverine and riparian environment; (v) in-stream uses of water; (c) the minimum water quality standards and effluent discharge standards established under sections 26 and 27 of the National Environment Statute, 1995; (d) any guidelines or conditions relating to waste discharge permits prescribed by the Minister under subsection (6) of section 29 of the Water Statute, 1995; (e) government policy on environment management and conservation; (f) any submissions made under paragraph (d) of sub regulation (1) of regulation 7; (g) the comments of any public authority to which an application is referred under section 30 of the Water Statute, 1995 and any special conditions that are proposed by such public authority; 114 Preparing national regulations for water resources management
(h) any other matter which the Director considers relevant to the application. (2) Without prejudice to subregulation (1), the Director shall not approve an application for a waste discharge permit in respect of any premises for which a works approval has been granted unless he or she is satisfied that the works have been completed in accordance with the works approval. (3) The Director may, where an application for a waste discharge permit is received in respect of any premises for which a works approval has not been granted (a) by notice in writing specify any additions, alterations or modifications to the premises which shall be completed to the satisfaction of the Director before the application is reconsidered; or (b) grant the waste discharge permit subject to the condition that any additions, alterations or modifications to the premises specified in the permit shall be made within the time specified in the permit. (4) The Director shall not, when granting a waste discharge permit in respect to any land, attach conditions relating to the execution of additions, alterations or modifications to the premises which are any more onerous for the applicant than any condition previously attached to a works approval. …
Step Five - Formatting of waste discharge permits
A decision to allow a proposed waste discharge or a proposed activity or process results in a legal instrument variably styled permit, licence, authorization or consent - collectively referred to in this Chapter as "permits" for ease of reference. These are the instruments of the grant, and at the same time they constitute and are evidence of, a right to discharge wastes into a body of water or on or under the ground, or to carry on a given activity or process. Standard formats of such instruments may be provided by subsidiary legislation for the convenience of government administrators (II, III and VII). The format of permits may also be left to the discretion of the responsible government authority (VI). The rights evidenced in the instrument of a grant are generally qualified by terms and conditions. Whilst the framing of such terms and conditions is typically left to the discretion of the permit-granting government authority (IV and V), subsidiary legislation may provide, directly in the standard Forms (II and VII) or otherwise (V), checklists of items which the permit-framers must provide for in the permit, or standard terms for express or implied incorporation in the permit (I). In addition, the holders of permits may be subject to obligations of general import laid down in the legislation for direct compliance, i.e. without the need for such obligations to be recorded in the permit (see sub-chapter 3.3 below). Preparing national regulations for water resources management 115
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 16. (1) Permits under this Part of the Regulations shall have validity for: (a)one year, in case of permits for discharge into ground water into or onto the ground and into territorial waters; ...
II - CAYMAN ISLANDS - Water Authority Regulations, 1985 Form - Discharge Permit - See Appendix II, page 348.
III - IRELAND - Local Government (Water Pollution) Regulations, 1978 Form 1 - Licence to Discharge Trade or Sewage Effluent to Waters - See Appendix II, page 348.
IV - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 5. ... (2) The Director-General may grant such application either subject to conditions or unconditionally and may require the applicant: (a) to repair, alter, replace or install control equipment; (b) to conduct a monitoring programme at his own expense or bear the cost of such programme within such period or at such time and in such manner as the Director- General may specify.
V - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 11. ... (3) In every consent granted under sub-regulation (1), the Minister (a) shall specify the period for which such consent shall remain valid, but such consent may be renewed thereafter, at the discretion of the Minister, for any further period. (b) may specify any conditions upon which such consent has been granted. (4) The determination of the period specified under paragraph (a) and the conditions specified under paragraph (b) of sub-regulation (1) shall lie solely in the discretion of the Minister.
VI - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 9A. Waste discharge licence … (2) A licence granted under section 74 of the Act shall be in a form approved by the Controller.
VII - UGANDA - The Water (Waste Discharge) Regulations, 1998 First schedule - Permit to discharge waste – See Appendix II, page 349.
VIII - UNITED KINGDOM - The Groundwater Regulations, 1998 9. Terms of authorisation of discharge of substances in list I or II (1) This regulation applies where- (a) a direct discharge of any substance in list I or II is authorised in accordance with regulation 4(5) or 5; or (b) waste water disposal which inevitably causes an indirect discharge of any substance in list II is authorised in accordance with regulation 5. 116 Preparing national regulations for water resources management
(2) In a case where this regulation applies the authorisation shall specify in particular- (a) the place where the discharge may be made; (b) the method of discharge which may be used; (c) the essential precautions which must be taken, paying particular attention to the nature and concentration of any substance in list I or II present in the effluent, the characteristics of the receiving environment and the proximity of water catchment areas, in particular those for drinking, thermal and mineral water; (d) the maximum quantity of any such substance permissible in the effluent during one or more specified periods of time and the appropriate requirements as to the concentration of any such substance; (e) the arrangements for monitoring effluents discharged into groundwater; (f) if necessary, measures for monitoring groundwater, and in particular its quality.
10. Terms of authorisation for disposal or tipping for the purpose of disposal (1) This regulation applies where- (a) any disposal, or tipping for the purpose of disposal, of any matter which might lead to an indirect discharge of any substance in list I or II is authorised in accordance with regulation 4 or 5; and (b) in the case of a disposal, it is not a disposal of waste water to which regulation 9(1)(b) applies. (2) In a case where this regulation applies the authorisation shall specify in particular- (a) the place where the disposal or tipping may be done; (b) the methods of disposal or tipping which may be used; (c) the essential precautions which must be taken, paying particular attention to the nature and concentration of any substance in list I or II present in the matter to be disposed of or tipped, the characteristics of the receiving environment and the proximity of water catchment areas, in particular those for drinking, thermal and mineral water; (d) the maximum quantity permissible, during one or more specified periods of time, of the matter containing any such substance and, where possible, of any such substance, to be tipped or disposed of and the appropriate requirements as to the concentration of any such substance; (e) the technical precautions to be implemented to prevent any discharge into groundwater of any substance in list I and any pollution of such water by any substance in list II, (f) if necessary, the measures for monitoring the groundwater, and in particular its quality.
11. Period and conditions of authorisation (1) An authorisation of- (a) a discharge of any substance in list I or II; or (b) any disposal, or tipping for the purpose of disposal, of any matter which might lead to an indirect discharge of any substance in list I or II, may be granted for a limited period only, and must be reviewed at least once in every four years when it may be renewed, amended or revoked. Preparing national regulations for water resources management 117
(2) If the applicant for any such authorisation states, or it is otherwise evident, that he will be unable to comply with the conditions of the proposed authorisation, the authorisation shall not be granted. (3) The Agency shall monitor compliance with the conditions of any such authorisation and the effects of discharges on groundwater. (4) If the conditions of any such authorisation are not complied with, the appropriate steps shall be taken to ensure compliance and, if necessary, the revocation of the authorisation.
IX – VIET NAM - Decree No.179/1999 Stipulating the Implementation of the Law on Water Resources 5. The granting of permits to discharge waste water into water sources stipulated in Article 18 of the Law on Water Resource is specified as follows: … (3) Duration of permits: a) Permits for discharge of waste water into water sources shall be valid for from 3 to 5 years; b) For a permit of which the use duration has expired, the agency competent to grant such permit shall decide its extension but each extension must not exceed 3 years; …
Step Six - Appealing from adverse decisions
Legislation may allow for judicial or administrative review of permit decisions, i.e. for a judge in court or for a government administrator ranking hierarchically higher to the one who took the decision impugned to screen the above decisions for consistency with formal and substantive legal requirements. This review process constitutes an appeal. The procedural and substantive rules governing the appeal process are generally found in subsidiary legislation, as in the examples below.
I - IRELAND - Local Government (Water Pollution) Regulations, 1978 25. In this Part: "appeal" means an appeal under section 8 or section 20, except where otherwise provided, "party to an appeal" means: (a) in the case of an appeal under section 8 (i) the appellant, (ii) the local authority which granted, refused or reviewed a licence in relation to which an appeal is made, (iii) the applicant for a licence in relation to the grant or refusal of which an 118 Preparing national regulations for water resources management
appeal is made by another person, (iv) the person making, causing or permitting a discharge in the case of an appeal by another person in relation to a review of a licence for that discharge; (b)in the case of an appeal under section 20 (i) the appellant, (ii) the sanitary authority which granted, refused or reviewed a licence in relation to which an appeal is made.
26. The prescribed period for the purpose of an appeal under section 8 shall be: (a) in the case of an appeal relating to the grant or refusal of a licence the period of one month beginning on the date of the grant or refusal of the licence, (b) in the case of an appeal relating to the decision of a local authority on a review of a licence the period of one month beginning on the date of the local authority's decision.
27. An appeal shall: (a) be made in writing (b) state the subject matter of the appeal, and (c) state the grounds of appeal.
28. The Board shall give a copy of an appeal to each other party to the appeal.
29. (1) Where an appeal is made to the Board, the local authority or sanitary authority which granted, refused or reviewed the licence in relation to which the appeal is made shall give to the Board such information or evidence in its possession or procurement as the Board may require for the purpose of determining the appeal, including in the case of an appeal relating to the grant or refusal of a licence a copy of the application and of the plans and particulars which accompanied it. (2) A party to an appeal (other than a local authority or sanitary authority) shall give to the Board any document, information or evidence in his possession or procurement which the Board consider necessary for the purpose of determining the appeal. (3) Where a person neglects or refuses to give the Board any document, information or evidence within such period as may at any time be specified by the Board, the Board may determine the appeal without such document, information or evidence. (4) A copy of any document relevant to an appeal which is given to the Board by any party shall be given by the Board to each party not already possessed of a copy of such document, or shall be made available for inspection at the offices of the Board or at the offices of the local authority or sanitary authority which granted, refused or reviewed the licence in relation to which the appeal is made or at such convenient place as the Board may specify and each party not possessed of a copy of the document shall be informed that it is so available for inspection.
30. A party to an appeal to whom a copy of an appeal has been given under article 28 may, within such period as may at any time be specified by the Board, make in writing to the Board such observations on the appeal as he thinks fit and a copy of such observations shall be given by the Board to each other party to the appeal or, where a Preparing national regulations for water resources management 119 number of persons have made the appeal jointly, to any one of such persons.
31. (1) A party to an appeal may request an oral hearing of the appeal and any such request shall be made in writing to the Board. (2) A request for an oral hearing may be withdrawn at any time. (3) Where the Board decide to hold an oral hearing, the Board shall inform each of the parties to the appeal and shall give each party not less than seven days notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all the parties to the appeal. (4) The Board may, at any time before the opening of an oral hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Board shall give each party not less than seven days notice of the new time and place or such shorter notice as may be accepted by all the parties to the appeal. (5) Where the parties to an appeal have been informed that an oral hearing is to be held and where, following the withdrawal of a request for an oral hearing, or a decision by the Board, the appeal falls to be determined without an oral hearing, the Board shall give notice accordingly to the parties and shall not determine the appeal until seven days after the date of the giving of the notice or such longer period as the Board may specify in the notice. (6) An oral hearing shall be conducted by the Board or by a person appointed for that purpose by the Board generally or for a particular appeal or for appeals of a particular class. (7) If, for any reason, the person appointed is unable or fails to conduct, or to complete the conduct of, an oral hearing or, for any reason, is unable or fails to furnish a report on an oral hearing to the Board, the Board may appoint another person to conduct the oral hearing or to conduct a new oral hearing.
32. The Board or other person conducting an oral hearing shall have discretion as to the conduct of the hearing and in particular shall: (a) conduct the hearing without undue formality, (b) decide the order of appearance of the parties, (c) permit any party to appear in person or to be represented by another person, and (d) hear, if they think fit, any person who is not a party to the appeal.
33. (1) Subject to sub-articles (2) and (3), the Board or other person conducting an oral hearing may adjourn or re-open any hearing or, notwithstanding that any party has failed to attend a hearing, proceed with the hearing. (2) Notice of the time and place of the re-opening of an oral hearing or resumption of an oral hearing that has been adjourned indefinitely shall be given by the Board to each of the parties to the appeal not less than seven days before the said time unless all such parties accept shorter notice. (3) Unless the Board consider it expedient to do so and so direct, an oral hearing shall not be re-opened after the report thereon has been submitted to the Board.
34. (1) The Board shall notify every party to an appeal of its decision on the appeal. (2) Every notification under sub-article (1) to a person, other than a local authority or 120 Preparing national regulations for water resources management
sanitary authority, shall specify the nature of the decision, including any directions given to the local authority or sanitary authority relating to the granting or revoking of a licence or the attachment, amendment or deletion of conditions.
35. On complying with directions of the Board in relation to a licence the local authority or sanitary authority shall notify the holder of the licence of such compliance.
II - UNITED KINGDOM - Water Resources (Miscellaneous Provisions) Regulations, 1965 4. (1) The time within which notice in writing of appeal may be served on the Minister by an aggrieved applicant for consent under section 72 of the Act (which relates to the control of discharges into underground strata) shall be: (a) one month from the date on which the applicant is notified by the river authority of their decision on his application, or, (b) if notice of decision is not given to the applicant by the river authority within the period allowed in that behalf by section 72(4) of the Act (namely, three months and any duly agreed extension), one month from the end of that period, or such longer period as the Minister may at any time allow. (2) The appellant shall provide the Minister with a copy of the following documents: (a) the application for consent made to the river authority; (b) all relevant maps and particulars submitted to the authority; (c) the notice of the authority's decision, if any; (d) all other relevant correspondence with the river authority. 5. (1) This regulation applies to an appeal under section 74 of the Act against the revocation or variation by a river authority of a consent under section 72 to discharge into underground strata, or against the refusal of the river authority to vary such a consent in accordance with the terms of an application in that behalf made by the person to whom the consent was granted. (2) the notice of appeal shall be in writing and shall be served on the Minister: (a) within one month from the date on which notice of the revocation or variation, or, as the case may be, refusal, is given by the river authority to the person to whom the consent was granted, or (b) where, in the case of an application for variation of a consent, the river authority do not give notice of their decision to the applicant within the period allowed in that behalf by section 74(3) of the Act (namely, three months and any duly agreed extension), within one month from the end of that period, or such longer period as the Minister may at any time allow. (3) The appellant shall provide the Minister with a copy of the following documents: (a) the relevant consent; (b) if the appeal is against the refusal of the river authority to vary the consent in accordance with the terms of an application for variation, the relevant application; (c) the notice of revocation or variation, or the notice of refusal, if any; (d) all relevant correspondence with the river authority. Preparing national regulations for water resources management 121
III - UGANDA - The Water (Waste Discharge) Regulations, 1998 12. Appeal to the Minister (1) Any person aggrieved by the decision of the Director may appeal to the Minister, in the format set out in Form D of the Minister. Fourth Schedule, setting out the grounds of objection. (2) The Minister shall, within twenty one days of the receipt of the appeal, consider and determine the appeal or refer the appeal to the Water Policy Committee for its recommendation.. (3) The Water Policy Committee shall, within one month of the date of receipt of the appeal, consider the appeal and make recommendations to the Minister. (4) The Minister shall, within seven days of the receipt of the Water Policy Committee recommendation, consider and determine the appeal having regard to the recommendation. (5) The Minister or the Water Policy Committee, if the appeal is referred to it, shall (a) have regard to the factors spelt out in regulation 9 when making a decision or recommendation under this regulation; and (b) not make a decision or recommendation without giving a hearing to the person who lodged the appeal except that it shall not be necessary for the person to be heard by both the Minister and the Water Policy Committee.
Fourth schedule – Form D - Appeal against a decision made by the director or other authorised persons made under the waste disposal regulations – See Appendix II, page 351.
Step Seven - Recording of decisions and permits
Records of successful applications and of permits issued as a result are generally prescribed by the law, for the government's own future reference and for the information of the general public. Records of waste discharge permits are commonly styled "registers" and are accessible to the public as directed by the law. Registers generally also contain a record of events concerning the permit after its grant (see in this regard sub-chapter 3.3 below). Subsidiary legislation provides the details of formation, contents and accessibility of such Registers as shown in the examples below.
I - IRELAND - Local Government (Water Pollution) Regulations, 1978 Form 3 - Register of Licences under Section 4 for the Discharge of Trade and Sewage Effluents to Waters - See Appendix II, page 353. 122 Preparing national regulations for water resources management
II - UNITED KINGDOM - Water Resources (Miscellaneous Provisions) Regulations, 1965 6. (1) The register which by virtue of section 75 of the Act is required to be kept by a river authority and to be available for inspection by the public at all reasonable hours shall contain the following particulars of every consent granted by the authority, and for the time being in force, under section 72 of the Act, that is to say: (a) the date of grant of the consent and the name and address of the person to whom it was granted; (b) brief details of the consent, including any conditions attached to it; (c) the date and brief details of any variation of the consent, indicating whether the variation was effected in pursuance of an application or otherwise; and, where a consent is granted or varied in accordance with a direction given by the Minister on appeal, the relevant particulars shall include a statement to that effect. (2) The register shall include an index, which shall be in the form of a map unless the Minister approves some other form for enabling a person to trace any entry in the register. (3) The particulars specified in paragraph (1) of this regulation shall be entered in the register within 14 days from the grant, or, as the case may be, variation, of the consent to which they relate. (4) The register shall be kept at the principal office of the river authority.
III - UGANDA - The Water (Waste Discharge) Regulations, 1998 19. Register (1) The Director shall keep a Register of (a) all applications made under regulation 5; (b) every works approval or waste discharge permit granted. (2) The Register shall contain the information specified in the Fifth Schedule and such other information as the Director may consider appropriate. (3) The Director may, subject to sub-regulation (2) of this regulation, keep the Register in any form the Director considers appropriate. (4) The Director shall, under subsection (1) of section 79 of the National Environment Statute, 1995 transmit the record kept under this regulation to the Authority.
20. Access to register (1) Subject to subregulation (2) of this regulation, the Director shall make available to any person a copy of any entry in the Register upon the request of that person and upon payment of the fee specified in Form B of the Fourth Schedule to these Regulations. (2) In making an application for a works approval or a waste discharge permit the applicant may, apply in the format set out in Form F of the Fourth Schedule, to the Director not to make any portion of a relevant entry in the Register public. (3) The Director may only agree not to make any portion of an entry in the Register public if the applicant satisfies the Director that (a) the relevant portion of the entry would potentially reveal information to a competitor about the applicant's production process which would (i) not otherwise be available generally or to that competitor; and Preparing national regulations for water resources management 123
(ii) substantially interfere with the applicant's competitive position in the market; and (c) the potential disadvantage to the applicant clearly outweighs the public's interest in having access to that relevant portion of the entry.
Fourth Schedule - Form F – Application for exemption of information from the public register - See Appendix II, page 354. Fifth schedule – Information to be contained in the Waste (waste water) Discharge Register – See Appendix II, page 355.
3.2 General Obligations of Permit Holders
In addition to the terms and conditions spelt out in the permit, relevant holders may also be subject, explicitly or by implication, to obligations applicable to all of them or to categories of them. Obligations of this kind are generally found in subsidiary legislation. As to their nature vis-a-vis the obligations recorded in a permit, see the considerations made in Chapter I, sub-chapter 3. As to their contents, they tend to cover the following matters:
Standards of effluent quality
To the extent that one cannot discharge waste or carry on an activity or process without a permit, the holders of such permits are bound by requirements as to the quality of effluents laid down in the legislation for general compliance (See reported example). Subsidiary legislation on these particular standards is presented in sub-chapter 7.4 herebelow.
UGANDA - The Water (Waste Discharge) Regulations, 1998 3. Standards of effluents waste (1) The standards for treated effluent or waste before discharge into water or on land is as established by the Authority in consultation with the lead agency under section 27 of the National Environment Statute, 1995.
4. Prohibition on the discharge effluent or waste … (2) A person granted a permit under sub regulation (1) shall (a) ensure that the effluent or waste discharged conforms to the maximum permissible limits established under regulation 3; 124 Preparing national regulations for water resources management
(b) be subject to such other conditions as the Director may specify. (3) The Director or a person authorised by him or her may issue guidelines on the type of industry or establishment affected and the method of treatment of effluent or waste so as to ensure assimilation by the receiving water or land into which the effluent or waste is discharged.
Changes in the quantity and/or quality of the waste discharged
In view of the critical importance of permitted quantities and/or the nature and composition of discharges, permit holders are generally under an obligation to refrain from effecting changes in either the quantitative or the qualitative specifications stated in a permit. This negative obligation however may be qualified by a requirement that an intended change be cleared in advance with, or expressly consented to by, the permit-granting government authority (I and II).
I - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 13. (1) The holder of a licence shall not make, or cause to permit to be made, any change to the premises or in the manner of running, using, maintaining or operating the premises or in any operation or process carried on at the premises, which change causes, or is intended or is likely to cause, a material increase in the quantity or quality of effluent or both discharged from the premises, unless prior written approval of the Director-General has been obtained for the change. (2) For the purposes of paragraph (1), changes to licensed premises include: (a) any change in the construction, structure or arrangement of the premises or any building serving the premises: (b) any change in the construction, structure, arrangement, alignment, direction, or condition of any channelling device, system, or facility serving the premises; and (c) any change of, to, or in any plant, machine, or equipment used or installed at the premises.
II - UGANDA - The Water (Waste Discharge) Regulations, 1998 10. Approval of application … (4) The holder of a permit under these regulations shall apply to the Director to cancel and re-issue a permit so as to amend the terms of the original permit due to the subsequent changes or modifications in operation which lead to relevant or significant changes in discharges. Preparing national regulations for water resources management 125
(5) The application under subregulation (4) shall be in Form C of the Fourth Schedule to these regulations. (6) The Director shall consider the applications under subregulation (4) and (5) and such other relevant information and make a decision whether to amend the terms or not.
Fourth schedule - Form C - Application for change in operation or discharge – See Appendix II, page 356.
Dilution of the effluent discharged
Permit holders may be under a general obligation not to dilute the effluent covered by the permit. This negative obligation may be qualified by the requirement that dilution be expressly consented to by the permit-granting government authority, and be undertaken subject to the terms prescribed by it as in the example below.
MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 17. No person shall dilute, or cause or permit to be diluted, any effluent, whether raw or treated at any time or point after it is produced at any premises unless prior written authorization of the Director-General has been obtained for the dilution and the dilution is done according to the terms and conditions of the authorization.
Spills or accidental discharges
In the examples herebelow, general obligations in this regard concern reporting of occurrences to the responsible government authority, containment of the consequences of an accidental discharge, and remedying the effects of it or paying for the cost of government-executed clean-up.
I - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 18. (1) In the event of the occurrence of any spill or accidental discharge of the substances specified in regulation 8 which either directly or indirectly gains or may 126 Preparing national regulations for water resources management
gain access into any inland waters, the person or persons responsible for such occurrence shall immediately inform the Director-General of the occurrence. (2) The person or persons responsible for the occurrence of the spill or accidental discharge referred to in paragraph (1) shall be required, to every reasonable extent, to contain, cleanse or abate the spill or accidental discharge or to recover substances involved in the spill or accidental discharge in a manner satisfactory to the Director- General. (3) The Director-General shall estimate any damage caused by the spill or accidental discharge and may recover all costs and expenses from the person or persons responsible for the occurrence of the spill or accidental discharge.
II - UGANDA - The Water (Waste Discharge) Regulations, 1998 16. Accidental discharge (1) The owner or person responsible for the management of an industry or establishment referred to in subregulation (1) of regulation 15 shall, in the case of an accidental discharge, immediately, in any case within the period of twenty-four hours after the accidental discharge, report the matter to the Director using the fastest available means. (2) The provision of subregulation (I) shall not release the owner or person under subregulation (1) of regulation 5 from taking immediate action to mitigate the damage resulting from the accidental discharge. (3) Without prejudice to section 67 of the National Environment Statute, 1995, the Authority or a person authorised by the Authority shall establish disaster preparedness measures for accidental discharges.
Monitoring and recording of measurements
Permit holders generally are under an obligation to monitor and to keep records of measurements and data concerning a permitted discharge. These obligations become operational upon an explicit request made by the permit- granting authority to the concerned permit holder (I and II) or by virtue of the direct operation of the law (III).
I - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 19. A person who discharges effluent into any inland waters or onto any land shall, in connection with such discharge, install such sampling test point or points, inspection chambers, flow-meters, and recording and other apparatuses as the Director-General may, from time to time, require. Preparing national regulations for water resources management 127
II - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 12. (1) A person to whom the Minister's consent has been granted shall: ... (c) if so required by the Minister, erect, in such workmanlike manner as shall satisfy the Minister, works which are required for the sampling and testing of any waste or effluent capable of being discharged by such person; ...
15. Where the Minister requires him so to do, an applicant for the Minister's consent or a person to whom the Minister's consent has been granted shall, at no expense to the Minister or the Board, take samples of waste or effluent in the manner which the Minister my prescribe and have such samples analyzed by an analyst recognized by the Minister and furnish the results of such analysis to the Minister.
III - NIGERIA - National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations, 1991 2. An industry or a facility shall: (a) have a pollution monitoring unit within its premises; (b) have on site a pollution control; or (c) assign the responsibility for pollution control to a person or body corporate accredited by the Agency. 3. A discharge, including solid, gaseous and liquid waste from any industry or facility shall be analysed and reported to the nearest office of the Agency every month, through a Discharge Monitoring Report.
Construction of works instrumental to the discharge
General obligations in this particular regard, which include the installation of anti-pollution and wastewater treatment facilities, aim at upholding generic or specific standards of workmanship and care (I and II), in addition to providing for administrative requirements, notably in relation to the completion of authorized works (III).
I - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 12. (1) A person to whom the Minister's consent has been granted shall – ... (b) erect, in such workmanlike manner as shall satisfy the Minister, works which are required for the discharge of waste or effluent into any public water, and in this case the works shall be erected in a manner which shall ensure that the effluent does not cause any unnecessary damage or disturbance to the bed, banks or surroundings of such public water nor collect into pools within the vicinity of the works; ... II - UGANDA - The Water (Waste Discharge) Regulations, 1998 15. General obligation to mitigate pollution (1) Every industry, establishment or holder of a waste discharge permit shall install 128 Preparing national regulations for water resources management
anti-pollution equipment for the treatment of effluent and waste discharge emanating from the industry. (2) An installation made under subregulation (1) shall be based on the best practicable means, environmentally sound practice or any guidelines as the Director may determine.
III - CANADA – SASKATCHEWAN - The Water Regulations, 2002 10. Notification to minister of completion by permittee of construction, etc., authorized by permit On completion of the construction, extension or alteration of the industrial effluent works for which a permit is issued, the permittee shall: (a) notify the minister in writing of the completion; and (b) if requested to do so by the minister, supply the minister with plans showing the works as actually constructed, extended or altered.
3.3 Management of Waste Discharge Permits
The conceptual meaning and scope of coverage of this sub-chapter have been illustrated in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS, sub-chapter 4. Subsidiary legislation provides standard formats and procedural and substantive requirements of permit management mechanisms (i.e. suspension, cancellation and variation of permits (II, IV, V and VI); transfer of permits (I, III, and VI). Provisions as to the recording of action taken pursuant to these mechanisms in the registers of waste discharge permits, and as to appeals from action taken by the responsible government department or agency, tend to appear in context with general provisions on the said registers and appeals, respectively (see sub-chapter 3.1, Steps Six and Seven, respectively).
I – AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972 Form 7 - Application for Transfer of a Licence - See Appendix II, page 359.
II - IRELAND - Local Government (Water Pollution) Regulations, 1978 13. (1) Where a local authority intends to review a licence it shall: (a) give notice of such intention to the person making, causing or permitting the discharge to which the licence relates, and (b) publish notice of such intention in a newspaper circulating in the functional area of the local authority. (2) Every notice under sub-article (1) shall specify: Preparing national regulations for water resources management 129
(a) the reference number relating to the licence in the register, (b) the reasons for the review if a period of less than three years has elapsed since the date of the licence or the last review of the licence; and (c) that representations relating to the review may be made in writing to the local authority within one month of the date of the notice.
14. (1) Where a local authority gives notice under article 13 (1)(a) such notice may also require the person making, causing or permitting the discharge to which the licence relates to submit such plans or other particulars as it considers necessary for the purpose of the review. (2) A local authority shall make available for public inspection during normal office hours at the offices of the local authority, from the time of receipt of the relevant documents until the review or any appeal relating thereto is determined, any plans and other particulars submitted to the local authority in connection with the review, including any such plans or other particulars submitted in pursuance of sub-article (1). (3) Where a person fails or refuses to comply with any requirement of a local authority under sub-article (1) within three months the local authority may complete the review.
15. (1) On completion of a review of a licence the local authority shall give notice of its decision to the person making, causing or permitting the discharge to which the licence relates and to any person who submitted representations in writing to the local authority under article 13(2)(c). (2) A notice by a local authority under sub-article (1) shall include a statement that an appeal under section 8 may be made to the Board by any person within the period prescribed in article 26 and that any such appeal must be accompanied by a deposit of £10 and shall specify: (a) whether any condition of the licence the subject of the review has been deleted, (b) whether and in what way any condition of the licence the subject of the review has been amended, (c) any new conditions attached to the licence, and (d) the date of the local authority's decision.
III - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 12. (1) A person to whom the Minister's consent has been granted shall ... (d) not assign the consent to any other person, unless the Minister has first agreed in writing to such assignment; ...
IV - CANADA – SASKATCHEWAN - The Water Regulations, 2002 11. Amendment, suspension, cancellation of permits (1) In this section, “permittee” means a permittee who is governed by a permit issued pursuant to section 9. (2) A permittee may apply to the minister to cancel, amend or alter the permit. (3) On receipt of an application pursuant to subsection (2) and if the minister considers it appropriate to do so, the minister may cancel, amend or alter the permit. (4) The minister may cancel, amend, alter or suspend any permit issued pursuant to section 9, in whole or in part, if: 130 Preparing national regulations for water resources management
(a) the permittee fails to comply with any term or condition of the permit or has contravened the Act, these regulations or any order made pursuant to the Act or these regulations; (b) the permittee makes any false or misleading statement in any application, information, materials or plans supplied pursuant to the Act or these regulations in support of an application for a permit; (c) the permit was issued as a result of a clerical or administrative error or mistake; (d) unauthorized changes or alterations are made to the activity or works governed by the permit; or (e) the minister is satisfied that it is in the public interest to do so. (5) Subject to subsection (8), before the minister does any of the things mentioned in subsection (4), the minister shall give the permittee: (a) written notice of the minister’s intention to cancel, amend, alter, or suspend the permit, and the reasons for doing so; and (b) an opportunity to make written representations to the minister, within 30 days after the written notice mentioned in clause (a) is served, as to why the permit should not be cancelled, amended, altered, or suspended. (6) The minister is not required to give an oral hearing to any person to whom a notice has been given pursuant to subsection (5). (7) After receiving the representations mentioned in subsection (5), the minister shall issue a written decision and shall serve the decision on the person who made the representations. (8) If the minister considers that it is necessary to protect human health or public safety, the minister may immediately cancel, amend, alter or suspend any permit issued pursuant to section 9 without complying with subsection (5) but, if the minister does so, the minister shall give the permittee: (a) written notice of the minister’s action as soon as is practicable; and (b) an opportunity to make written representations to the minister, within 30 days after the written notice mentioned in clause (a) is served, requesting the minister to reconsider the decision to cancel, amend, alter or suspend. (9) The minister is not required to give an oral hearing to any person to whom a notice has been given pursuant to subsection (8). (10) After receiving the representations mentioned in subsection (8), the minister shall issue a written decision and shall serve the decision on the person who made the representations. (11) If the minister cancels, amends, alters or suspends a permit issued pursuant to section 9, the minister: (a) may issue any additional order that the minister considers appropriate requiring any repair, restoration or remediation of the environment; and (b) in an order mentioned in clause (a), shall specify the period within which the order must be complied with. (12) No person to whom an order pursuant to subsection (11) is directed shall fail to comply with that order.
V – VIET NAM - Decree No.179/1999 Stipulating the Implementation of the Law on Water Resources 5. The granting of permits to discharge waste water into water sources stipulated in Preparing national regulations for water resources management 131
Article 18 of the Law on Water Resource is specified as follows: … 3. Duration of permits: … c) The use duration of a permit may be changed in one of the following cases: - The water source is incapable of taking in waste water; - The water use demand is on a sharp rise, thus leading to much larger volume of waste water, but no remedial measure has been taken to overcome this situation; - Other extraordinary circumstances occur, under which the discharge of waste water must be restricted.
4. The withdrawal and suspension of permits: The withdrawal or suspension of use validity of permits for discharge of waste water into water sources shall be effected in the following cases: a) Organizations and/or individuals that discharge waste water breach contents stipulated in their permits; b) Organizations and/or individuals !hat discharge waste water violate the provisions in Clause 2, Article 19 of the Law on Water Resources; c) Organizations and/or individuals that discharge waste water into water sources are dissolved, transferred or declared bankrupt; d) Such permits have been granted ultra vires; e) Such permits have been left unused for 1 year without any plausible reasons; f) The competent State agencies deem it necessary to withdraw or suspend such pem1its for reasons of national defense or security, or for national or public interests. …
VI - UGANDA - The Water (Waste Discharge) Regulations, 1998 13. Transfer of waste discharge permit (1) A person who becomes the owner or occupier of any premises in respect of which a waste discharge permit exists shall continue to discharge waste from the premises in accordance with the conditions and terms spelt out in that waste discharge permit for a period of three months from the date on which that person becomes the owner or occupier of the premises. (2) After the expiry of the period referred to in subregulation (1) of this regulation the Director shall, upon the notification in the format set out in Form E of the Fourth Schedule by the person referred to in sub regulation (1), grant that person a waste discharge permit on conditions which are not more onerous to the applicant than the conditions attached to the previous waste discharge permit relating to those premises so long as the Director is satisfied that the purposes for which the premises are to be used and the nature of any waste will not change in any material respect.
14. Breach of conditions (1) The Director may, at any time if any condition attached to a waste discharge permit is not observed, give notice in writing to the holder of the permit requiring the holder to take such action in relation to the waste within such time as the Director may specify in the notice. (2) Where the holder of a waste discharge permit fails to comply with the notice referred to in sub-regulation (1) of this regulation within the time specified in that notice or such longer time as the Director may allow, the Director may cancel the 132 Preparing national regulations for water resources management
waste discharge permit and enter the premises to which the waste discharge permit relates and take such action as may be necessary to prevent any further discharge of waste which may come into contact with water directly or indirectly.
Fourth schedule – Form E - Notification of transfer of permit to discharge waste - See Appendix II, page 360.
3.4 Charges for Discharging Waste under a Permit
A charging mechanism can complement a system of permits to discharge waste into water bodies or on or under the ground. Charges - also styled "fees" - leviable under this heading are conceptually and practically distinct from the fees payable upon the filing of applications. These are paid once only, and their rationale is to cover, at least nominally, the administrative costs of processing applications. Charges instead are payable at regular intervals so long as a permit continues, and they can be - but are not necessarily - calculated so as to reflect the basic characteristics of the waste which is discharged, and hence internalize to some extent the external effects generated by the discharge. Flat charges payable at regular intervals are also in use in view of the greater ease of administration required, and can be then differentiated by categories of waste. Charging can also be practised independently of a system of waste discharge permits, as an alternative approach to achieving pollution control goals essentially through a financial mechanism. For the purposes of this book, only charging as a complementary mechanism to a system of waste discharge permits is considered.
While the principle of charging in respect of permits or other instruments should find its proper place in principal legislation, operational details ranging from the level and categories of flat charges (I), and from criteria to calculate the level of variable charges (II, III and VI), to pinpointing the circumstances under which charges can be waived (IV) or abated (V), are found in subsidiary legislation.
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 16. ... (4) Upon the filing of an application for a permit under this Part of the regulation, or of an application for the renewal of the said permit, and annually Preparing national regulations for water resources management 133 thereafter so long as the permit having validity for more than one year in accordance with sub-section (1) of this regulation continues in force, there shall be payable to the Authority the fee prescribed in Schedule 2 to these regulations.
Schedule 2 - Fees and Charges 2. Fees for Discharge Permits (a) Discharge permits for a hotel or condominium group $100 per annum. (b) Discharge permit for a business or commercial enterprise considered a high consumer of water $100 per annum. (c) Discharge permit for a business or commercial enterprise considered a low consumer of water $20 per annum. (d) Discharge permit for individual household $10 per annum. (e) Discharge permit for apartment buildings not registered as condominium group $10 per apartment per annum. (f) Discharge permit for any trade waste $150 per annum. (g) Renewal of permits: there shall apply the annual fees specified in this section.
II – AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972 14. (1) For the purposes of section 20(1) of the Act the prescribed fee is: (a)in the case of a common drain: $40; (b)in the case of an overflow drain: $50; (c)in any other case, where the maximum quantity of pollutants which are or are likely to be discharged on any day is: (i) not more than 250 cubic metres: $50; (ii) more than 250 cubic metres but not more than 500 cubic metres: $100; (iii) more than 500 cubic metres but not more than 1,000 cubic metres: $175; (iv) more than 1 000 cubic metres but not more than 2 250 cubic metres: $250; (v) more than 2 250 cubic metres but not more than 4 500 cubic metres: $400; (vi) more than 4 500 cubic metres but not more than 9 000 cubic metres: $700; (vii) more than 9 000 cubic metres but not more than 12 000 cubic metres: $850; or (viii) more than 12 000 cubic metres: $1 000. ...
III - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 22. (1) The fee for a licence, including the renewal of a licence, is $100.00 plus an effluent-related amount computed according to the method prescribed in the Seventh Schedule. ...
Seventh Schedule - Method of Computing Effluent-related Licence Fee - See Appendix II, page 362.
IV - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 23. (1) If the Director-General is satisfied that research on effluent disposal or treatment of a kind or scale that is likely to benefit the cause of environmental protection is being or is to be carried out at any licensed premises, he may, with the 134 Preparing national regulations for water resources management
approval of the Minister, wholly or partly waive any effluent-related amount payable by virtue or regulation 22(3). (2) In deciding on the extent of waiver, the Director-General shall be guided: (a) by a consideration of how much of the amount of effluent discharged or to be discharged is involved in the research; or (b) by a consideration of the physical and chemical characteristics of the effluent discharged or to be discharged.
V – VIET NAM - Decree No.179/1999 Stipulating the Implementation of the Law on Water Resources 6. The payment of permit-granting fee, fee for discharge of waste water into water sources and fee for water source pollution prevention and combat stipulated in Article 7 and Point b, Clause 2, Article 19 of the Law on Water Resource is specified as follows: … (4) Production and/or business organizations and individuals that discharge waste water into public water drainage systems of cities, urban areas or densely populated areas shall have to pay waste water discharge fee. In cases where such organizations and individuals apply advanced scientific and technological measures to minimize the discharged water volume or to improve the waste water treatment as compared with the prescribed standards, they shall be considered for exemption or reduction of waste water discharge fee; …
VI - UGANDA - The Water (Waste Discharge) Regulations, 1998 18. Waste discharge fees (1) The holder of a waste discharge permit shall pay an annual waste discharge fee. (2) The fee referred to in sub-regulation (1) of this regulation shall be fixed having regard to (a) the volume, characteristics and components of waste to be discharged; (b) the principle that the true and total costs of environmental pollution should be borne by the polluter; and (c) the principles set out in Form B of the Fourth Schedule to these regulations.
Fourth schedule – Form B – Application fees and waste discharge fees – See Appendix II, page 347.
3.5 Dealing with "Existing" Discharges or Processes
When permit or similar requirements are introduced for the first time, or when important changes are introduced to an established system of permit requirements, it is standard practice for the relevant legislation to provide relief to waste discharging operations or to activities and processes lawfully in progress at the time the new or changed requirements come into operation. The rationale of this special treatment is essentially one of fairness Preparing national regulations for water resources management 135 to activities being carried out in compliance with the law in effect prior to the changes brought about by subsequent legislation. Protection of these so- called "existing discharges" or processes may vary from the automatic grant, on application, of a prescribed permit, subject to varying qualifications (I and II), to exemptions from procedural requirements in connection with applications for a waste discharge permit (III).
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 42. (1) All discharges of sewage effluent, trade effluent, or other wastes into or onto the ground, into ground water, or into the territorial, and any quarrying operations, which are in progress on the effective date of these regulations (hereinafter referred to as "existing discharges" or "existing Authority in the form issued by and obtainable from the Authority. Failure of the waste discharge or quarry operator to comply with the provisions of this sub-section within the date therein indicated will result in the forfeiting of his entitlement under sub-section (3) of this regulation. (2) All applications for the registration of existing discharges or of existing quarries shall be accompanied by the appropriate registration fee prescribed in Schedule 2 to these regulations. No application under this sub-section shall be entertained by the Authority until payment of the prescribed fee has been effected. (3) Upon receipt of an application under this regulation, the Authority shall issue to the applicant a waste discharge permit or quarry permit, as the case may be, and shall cause an entry to that effect to be made in the Register of Waste Discharge Permits or in the Register of Quarry Permits, as the case may be. (4) All permits granted in pursuance of this regulation shall be in the form prescribed for new permits under regulation 14 of these regulations, and shall be subject to the provisions of regulations 16, 17, 19, 20 and 211, of these regulations, and to such reasonable terms and conditions as the Authority think fit under the circumstances. Provided that the application of the provisions of regulations 19 and 20 of these regulations in relation to a waste discharge permit under this regulation shall be graduated by the Authority so as not to place an unreasonable burden on an existing discharge. (5) There shall be payable to the Authority annually after the grant of a permit under this regulation, so long as such permit continues in force, the fee prescribed for new permits under regulation 16 of these regulations.
II - NEW ZEALAND - Waters Pollution Regulations, 1963 12. ... (3) Where an application for a permit relates to an outfall from which pollutants are already being discharged, the Council, in its absolute discretion, may grant a temporary permit authorising the continuation of the discharge subject to such terms and conditions (if any) as may be prescribed in the temporary permit. Any such
1 Concerning: duration and renewal of permits (16); suspension, variation or revocation of permit (17); domestic effluent consent conditions (19); trade or commercial effluent consent conditions (20); and testing of effluents discharged under a permit (21). 136 Preparing national regulations for water resources management
temporary permit shall cease to have effect when the application is finally dealt with by the Council under subclause (1) hereof.
III - IRELAND - Local Government (Water Pollution) Regulations, 1978 5. ... (3) Sub-article (1) shall not apply to a licence application made before the 1st day of October, 1978 in respect of: (a) an existing discharge, or (b) a discharge from a development for which a permission (other than outline permission) or an approval consequent on an outline permission has been granted under the Local Government (Planning and Development) Acts, 1963 and 1976 during the period of five years prior to the 1st day of October, 1978.
7. ... (2) A licence application for an existing discharge shall be accompanied by a statement that it is such a discharge in addition to the information specified in sub- article (1)1. ...
4. CONTROLLING POLLUTION THROUGH PERMITS FOR THE ABSTRACTION AND USE OF WATER
Another approach to water pollution prevention and control is by factoring in the water utilization permit process concern for the polluting impact of (a) "return flows" - i.e. the waste water or effluent which results from a permitted water utilization - on the water body into which the effluent is discharged, and (b) well drilling, on the quality of groundwater formations. This approach is evidenced in subsidiary legislation by a variety of techniques. These include specific requirements as to the documentary evidence to be submitted by applicants for a water utilization permit (I); standard obligations applicable to all water utilization permit holders in respect of the level and type of treatment required of the effluent resulting from a permitted use (II); procedural and substantive prescriptions which reflect specific concern for water pollution in the process of reviewing and deciding on permit applications for the use of water (III and IV), requirements to the effect that, in the formatting of water abstraction and use permits, terms and conditions be entered with specific regard to water pollution prevention and control (V and VI); and the grant of authority to curtail a water abstraction and use permit in the specific case of disregard by the permit holder of the permit's anti-pollution clauses (VII).
1 See sub-chapter 3.1 above, Step Two - Filing of applications, Supporting documents and evidence, example III. Preparing national regulations for water resources management 137
I - KENYA - Water (General) Rules 48. Whenever water is used, or proposed to be used, in any works or in any process whatsoever which, in the opinion of the Water Apportionment Board, may cause pollution or any of the things forbidden in rule 72 of these Rules, there shall be submitted, when so required by the Water Apportionment Board, a plan showing: (a) the proposed or existing works for the disposal or purification of the effluent; (b) a detailed description or specification of the works, methods or processes used or to be used in the purification of the effluent.
II - KENYA - Water (General) Rules 72. (1) The effluent from any works in which water is used in any process or for any purpose shall be returned to the body of water from which it is diverted or abstracted, or to such other body of water as may be authorized by the Water Apportionment Board, in such a degree of purity as will satisfy the Board, and the effluent shall contain no matter poisonous or otherwise likely to be injurious directly or indirectly to public health, to livestock or to crops or to orchards or gardens irrigated with such water, or to any product for which such water is used in any process whatsoever, and it shall not contain a burden of silt, gravel or boulders in excess of that normally at that time carried by the body of water from which it is diverted or abstracted. (2) Any person the effluent from whose works does not comply with the provisions of this rule shall be guilty of an offence.
73. (1) When water s used in ore washing, hydraulic mining or similar processes which give rise to the harmful accumulation of silt, sand, stones or drift, efficient precautions, to the satisfaction of the Water Apportionment Board, shall be taken by the operator from time to time to keep such silt, sand, stones or drift from at any time entering into any body of water or into any watercourse or from encroaching upon any property other than that of the operator. (2) Any operator who is aggrieved by the refusal of the Water Apportionment Board to approve such precautions as satisfactory may appeal from such refusal to the Water Resources Authority.
74. When water is used for the pulping, hulling or washing of coffee: (a) the effluent shall be efficiently screened or separated in such manner that no coffee berry or portion thereof shall be returned to any body of water or into any watercourse, and the residue obtained by means of such screening or separation shall daily be removed to such place as may be approved from time to time by the Water Apportionment Board, so that there shall be no possibility of such residue at any time being washed into or, from any cause whatsoever, entering into or upon any watercourse or body of water; and, unless the contrary is specifically stated in the licence, sanction or permit, the place to which such residue shall be removed shall not be nearer to any obvious body of water or watercourse than fifty yards; (b) the pulp separator or screen shall not be further away from the pulper than 100 feet, unless the contrary is specifically endorsed on the licence, sanction or permit; (c) there shall be no surface flow or drainage from pulp dumps into any body of water or watercourse; 138 Preparing national regulations for water resources management
(d) there shall be constructed along the channel conveying the water from the pulp separator or screen to the body of water or watercourse several pits of such size as to reduce the velocity of the water to enable any solid matter in it to settle, and the sediment collected in such pits shall be removed daily to such place that there shall be no possibility of the sediment at any time being washed into or, from any cause whatsoever, entering into or upon any watercourse or body of water; (e) the effluent from the first and second washings of the pulped coffee and effluent from the main tank shall be diverted into seepage pits, and such seepage pits shall be of sufficient capacity to deal with peak flow, and there shall be no direct flow from the seepage pits into any body of water or watercourse: Provided that nothing in this rule shall relieve the operator of the necessity of complying with rule 72 of these Rules.
75. The Water Apportionment Board shall have authority to determine whether or not any sawdust, tailings, gravel, refuse, sewage, effluent from any works or any other material or substance of any kind being put, or proposed to be put, into any body of water or watercourse is prejudicing or will prejudice the beneficial use for any purpose of the water of such body of water or watercourse, or is impeding or interfering or may impede or interfere, with the natural flow of any body of water, and the Board may at any time and from time to time order any person not to put any such thing into or adjacent to such body of water or watercourse, and further may order the removal of any such matter from, or from any site adjacent to, any body of water or watercourse, and any person who refuses to obey such order shall be guilty of an offence.
III - PHILIPPINES - Water Rules and Regulations 4. All applications shall be filed in the prescribed form, sworn to by the applicant and supported by the following: ... (B) For a Water Permit for Hydraulic Power Development and Industrial Purposes, or for a Permit to Dump Mine Tailings or Wastes: ... 2) Brief description of project, including among others, how water will be used, amount of water needed for purpose, power expected to be generated if applicable, amount of water to be discharged back to the source and measures to be taken to insure that such waters are not polluted, other relevant information; ... 9. (A) Investigation and Studies. After seven (7) days from the first day of posting of notice at the office where the application is filed, the office concerned shall determine: ... 5) Environmental effects; ..
10. ... (C). Investigation and Studies - Upon receipt of the report on drilling operations, the investigating office shall consider the proposed withdrawal of ground water in relation to the following: ... 5) Danger of contamination of aquifers, deterioration of water quality or salt water intrusion; ...
11. The Council shall approve or disapprove applications for water permits, within sixty (60) days after recept of recommendation of its deputized agent and other Preparing national regulations for water resources management 139 agencies requested to comment, unless a longer period is needed for the disposition of protests filed with the Council. In cases of application for industrial use or in cases of such other use where waters may become polluted, the Council shall refer the application to the National Pollution Control Commission for comment and recommendation. If deemed necessary, the Council shall refer the application to other agencies concerned as the case may be.
IV - TANZANIA - Water Utilization (General) Regulations, 1975 Form A - Application for Water Right - See Appendix I, page 283 (in particular, item No. 5 on the Form).
V - PHILIPPINES - Water Rules and Regulations 13. Water Permits issued by the Council shall be subject to such terms, restrictions and limitations as it may deem proper to impose, and to any, or all of the following conditions: ... (f) The Council shall revoke or suspend the permit if the permittee violates effluent/water quality standards as determined by the National Pollution Control Commission. ... (i) Any person in control of a well shall prevent water containing mineral or other substances injurious to the health of humans or animals or to agriculture and vegetation from flowing onto the surface of the land or into any surface or into any other aquifer or porous stratum.
VI - MALAWI - Water Regulations, 1969 3. (1) The following covenants on the part of the grantee shall, unless otherwise expressly stated therein, be implied in every grant: ... (c) not to discharge or allow to be discharged into the said river or stream: (i) any water of less purity than or of a temperature sensibly differing from the water in the said river or stream, or (ii) any substance or matter which shall prejudicially affect the said river or stream or any fish contained therein which shall be or cause a nuisance; ... (2) For the purposes of this regulation "temperature sensibly differing" shall mean a difference in temperature which can be appreciated by the senses without the use of a thermometer.
4. The following conditions shall, unless expressly excluded therefrom be implied in every grant: ... (b) the water used under a grant and returned to any stream or body of water shall not be polluted with any matter derived from the course of the water to such an extent as to be liable to cause injury or damage whether directly or indirectly to the health of the public or to livestock animals, fish, crops, orchards or gardens by the use of consumption of or irrigation by such water or to any project in the processing of which such water is used; ...
VII - LESOTHO - Water Resources Regulations, 1980 2. The Water Officer appointed under section 5(4) shall ... (c) Where water is used in contravention of the provisions of the Water Resources 140 Preparing national regulations for water resources management
Act 1978 or where the user causes pollution, on the advice of the Minister, may revoke the permit, order corrective action or initiate prosecution. He shall then serve notice on the permit holder and offer him opportunity of being heard. ...
5. CONTROLLING WATER POLLUTION FROM "NON- POINT" SOURCES, IN PARTICULAR THROUGH ZONING
As already mentioned in the Introduction to this Chapter, zoning features in the more recent legislation on water pollution control as the prime mechanism to curb pollution from "non-point" sources - notably, the runoff of cropland on which fertilizers and pesticides have been applied. Control of land use in general and, in particular, control of agricultural practices features prominently in the more recent legislation enacted in response, in particular, to the threat posed to high-quality groundwater reserves by agricultural runoff. The subsidiary legislation presented below has been enacted with a view to curbing pollution of water resulting in particular from the runoff of agricultural land on which nitrogen-rich fertilizer is employed, and it spells out monitoring and action programme requirements.
UNITED KINGDOM - Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations, 1996 (2002) 3. Nitrate vulnerable zones (1) In these Regulations, "nitrate vulnerable zone" means any of the areas referred to in Schedule 11 …, being all known areas of land in England and Wales which drain into and contribute to pollution of the waters which the relevant Minister has identified, in accordance with the criteria set out in Schedule 2, as waters affected by pollution and waters which could be affected by pollution if action pursuant to regulation 6 were not taken. (2) The relevant Minister shall, by 19th December 2005 and at least every four years thereafter, review and if necessary revise or add to the designation of nitrate vulnerable zones to take into account changes and factors unforeseen at the time of the previous designation.
4. Monitoring (1) For the purpose of the designation and revision of designations of nitrate vulnerable zones, the Agency:
1 Omitted. Preparing national regulations for water resources management 141
(a) subject to paragraph (2) below, shall have monitored by 19th December 1997 and at least every four years thereafter shall monitor the nitrate concentration in freshwaters over a period of one year: (i) at surface water sampling stations laid down in Article 5(4) of Directive 75/440/ EEC or at other sampling stations which are representative of surface waters in England and Wales, or at both, at least monthly and more frequently during flood periods; and (ii) at sampling stations which are representative of the groundwater aquifers in England and Wales, at regular intervals and taking into account the provisions of Directive 80/778/ EEC; and (b) shall review the eutrophic state of fresh surface waters, estuarial and coastal waters by 19th December 1997 and every four years thereafter. (2) Where the nitrate concentration in all previous samples taken in pursuance of the Directive at any sampling station has been below 25 mg/l and no new factor likely to increase the nitrate content has appeared, paragraph (1)(a) above shall have effect in relation to that sampling station as if the reference to 1997 and the reference to four years were references to 2001 and eight years respectively. (3) Monitoring under this regulation shall be carried out using the reference methods of measurement set out in Schedule 3.
6. Action programmes (1) The relevant Minister shall, for the purpose of achieving the Objectives, by regulations under section 2(2) of the European Communities Act 1972, make provision establishing action programmes in respect of nitrate vulnerable zones. (2) An action programme may relate to more than one nitrate vulnerable zone, and different action programmes may be established in respect of different nitrate vulnerable zones or parts of zones. (3) An action programme in respect of a nitrate vulnerable zone shall be established: (a) in the case of a nitrate vulnerable zone referred to in regulation 3(1), as soon as practicable; and (b) in the case of a nitrate vulnerable zone designated in accordance with regulation 3(2), not later than one year after the designation of that zone. (4) An action programme shall be implemented: (a) in a case falling within paragraph (3)(a) above, by 19th December 1999; (b) in any other case, within four years of its establishment. (5) The relevant Minister shall draw up and implement suitable monitoring programmes to assess the effectiveness of action programmes. (6) The relevant Minister shall, at least every four years, review and if necessary revise the action programmes, including any additional measures taken pursuant to regulation 7(2).
7. Contents of action programmes (1) An action programme shall include: (a) the provisions described in Schedule 4; and (b) provisions embodying the measures contained in paragraphs 284 to 295 of the Water Code Revised 1998 published by the Ministry of Agriculture, Fisheries and Food in 1998, other than such provisions as have been superseded by the provisions 142 Preparing national regulations for water resources management
described in Schedule 4. (2) Action programmes shall also contain such additional requirements, restrictions and prohibitions as the relevant Minister considers necessary if, at the outset or in the light of experience gained in implementing the programmes, it becomes apparent to him that the provisions referred to in paragraph (1) above will not be sufficient for achieving the Objectives. (3) In determining the provisions of an action programme, the relevant Minister shall take into account: (a) available scientific and technical data, mainly with reference to respective nitrogen contributions originating from agricultural and other sources; (b) environmental conditions in the relevant regions. (4) In selecting the additional provisions referred to in paragraph (2) above, the relevant Minister shall take into account the effectiveness and cost of such provisions relative to other possible preventive provisions.
Schedule 2 – Criteria for identifying waters referred to in Regulation 3(1) 1. Waters referred to in regulation 3(1) shall be identified making use, inter alia, of the following criteria: (a) whether surface freshwaters, in particular those used or intended for the abstraction of drinking water, contain or could contain, if action pursuant to regulation 6 is not taken, more than the concentration of nitrates laid down in accordance with Directive 75/440/EEC; (b) whether groundwaters contain more than 50 mg/l nitrates or could contain more than 50 mg/l nitrates if action pursuant to regulation 6 is not taken; (c) whether natural freshwater lakes, other freshwater bodies, estuaries, coastal waters and marine waters are found to be eutrophic or in the near future may become eutrophic if action pursuant to regulation 6 is not taken. 2. In applying these criteria, the relevant Minister shall also take account of: (a) the physical and environmental characteristics of the waters and land; (b) the current understanding of the behaviour of nitrogen compounds in the environment (water and soil); (c) the current understanding of the impact of the action to be taken pursuant to regulation 6.
Schedule 3 – Reference methods of measurement (Regulation 4) Chemical fertiliser Nitrogen compounds shall be measured using the method described in Commission Directive 77/535/EEC of 22nd June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilisers (a), as amended by Directive 89/519/EEC.
Freshwaters, coastal waters and marine waters Nitrate concentration shall be measured in accordance with Article 4a(3) of Council Decision 77/795/EEC of 12th December 1977 establishing a common procedure for the exchange of information on the quality of surface fresh water in the Community, as amended by Decision 86/574/EEC. Preparing national regulations for water resources management 143
Schedule 4 - Provisions to be included in action programmes (Regulation 7) 1. The provisions of an action programme shall include rules relating to – (1) periods when the land application of certain types of fertiliser is prohibited; (2) the capacity of storage vessels for livestock manure; this capacity must exceed that required for storage throughout the longest period during which land application in the nitrate vulnerable zone is prohibited, except where it can be demonstrated to the authority designated for the purpose in the regulations establishing the programme that any quantity of manure in excess of the actual storage capacity will be disposed of in a manner which will not cause harm to the environment; (3) limitation of the land application of fertilisers, consistent with good agricultural practice and taking into account the characteristics of the nitrate vulnerable zone concerned, in particular – (a) soil conditions, soil type and slope; (b) climatic conditions, rainfall and irrigation; (c) land use and agricultural practices, including crop rotation systems; and to be based on a balance between – (i) the foreseeable nitrogen requirements of the crops, and (ii) the nitrogen supply to the crops from the soil and from fertilisation corresponding to – - the amount of nitrogen present in the soil at the moment when the crop starts to use it to a significant degree (outstanding amounts at the end of winter), - the supply of nitrogen through the net mineralisation of the reserves of organic nitrogen in the soil, - additions of nitrogen compounds from livestock manure, - additions of nitrogen compounds from chemical and other fertilisers.
2. These provisions shall ensure that, for each farm or livestock unit, the amount of livestock manure applied to the land each year, including by the animals themselves, shall not exceed a specified amount per hectare. The specified amount per hectare shall be the amount of manure containing 170 kg N. However : (a) for the first four year action programme an amount of manure containing up to 210 kg N may be allowed; (b) during and after the first four year action programme, different amounts from those referred to above may be fixed. These amounts must be fixed so as not to prejudice the achievement of the Objectives and must be justified on the basis of objective criteria, for example: - long growing seasons, - crops with high nitrogen uptake, - high net precipitation in the nitrate vulnerable zone, - soils with exceptionally high denitrification capacity. 3. The amounts referred to in paragraph 2 above may be calculated on the basis of animal numbers. 144 Preparing national regulations for water resources management 6. PREVENTING WATER POLLUTION THROUGH PRECAUTIONARY PRESCRIPTIONS
As evidenced in recent legislation on the subject, controlling pollution of water resources of the "diffuse" type originating from "point" sources tends to be approached by emphasizing prevention under the guise of the prescription of precautionary measures which certain land-based activities must take. In the first example given below, subordinate legislation spells out the nature and kind of such measures - generally consisting of standard design and operating requirements in respect of regulated structures and activities -, the kind of activities subject to such measures, a time frame for compliance, and exemptions from the prescribed requirements (I). The second example concerns precautionary measures to be taken in the conduct of mining and related activities (II).
I - UNITED KINGDOM - The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations, 1991 1. These Regulations may be cited as the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations and shall come into force on 1st September 1991.
2. In these Regulations, unless the context otherwise requires: "construct" includes install and cognate expressions shall be construed accordingly; "fuel oil" means oil intended for use as a fuel for the production of heat or power but does not include oil intended for use exclusively as a fuel for heating a farmhouse or other residential premises on a farm and stored separately from other oil; "livestock" means: (a) any animals kept for the production of food or wool; or (b) any birds kept for the production of food; "reception pit" means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank; "relevant substance" means slurry, fuel oil or, as the case may be, the crop being made into silage; "slurry" means: (a) excreta produced by livestock whilst in a yard or building; or (b) a mixture consisting wholly or mainly of such excreta, bedding rainwater and washings from a building or yard used by livestock or any combination of these, of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process; "slurry storage system" means: (a) a slurry storage tank; (b) any reception pit and any effluent tank used in connection with the slurry storage tank; and Preparing national regulations for water resources management 145
(c) any channels and pipes used in connection with the slurry storage tank, any reception pit or any effluent tank; and "slurry storage tank" includes a lagoon, pit (other than a reception pit) or tower used for the storage of slurry.
3. (1) Subject to regulation 7 below, no person shall have custody or control of any crop which is being made into silage unless: (a) it is kept in a silo in relation to which the requirements of Schedule 1 are satisfied or which is an exempt structure by virtue of regulation 6 below; or (b) it is compressed in the form of bales which are wrapped and sealed within impermeable membranes (or are enclosed in impermeable bags) and are stored at least 10 metres from any inland or coastal waters which effluent escaping from the bales could enter. (2) No person having custody or control of any crop which is being, or has been, made into silage in the manner described in paragraph (1)(b) above shall open or remove the wrapping of any bales unless he does so at a place at least 10 metres from any inland or coastal waters which silage effluent could enter as a result.
4. (1) Subject to paragraph (2) below, a person having custody or control of slurry shall store it only in a slurry storage system in relation to which the requirements of Schedule 2 are satisfied or which is an exempt structure by virtue of regulation 6 below. (2) Paragraph (1) above shall not apply to slurry whilst it is stored temporarily in a tanker with a capacity not exceeding 18 000 litres which is used for transporting slurry on roads or about a farm.
5. (1) Subject to paragraph (2) below, no person shall have custody or control of fuel oil on a farm unless it is stored: (a) in a fuel storage tank within a storage area in relation to which the requirements of Schedule 3 are satisfied; (b) in drums within such a storage area; (c) temporarily in a tanker used for transporting fuel oil on roads or about the farm; (d) in a fuel storage tank which is an exempt structure by virtue of regulation 6 below; or (e) in an underground fuel storage tank. (2) Paragraph (1) above shall not apply if the total quantity of fuel stored on the farm does not exceed 1 500 litres.
6. A silo, slurry storage system or fuel storage tank is for the time being an exempt structure if: (a) it was used before 1st March 1991 for the purpose of making silage, storing slurry or, as the case may be, storing fuel oil; (b) where it was not used before 1st March 1991 for that purpose, it was constructed before that date for such use; or (c) a contract for its construction was entered into before 1st March 1991 or its construction was commenced before that date and in either case was completed 146 Preparing national regulations for water resources management
before 1st September 1991, and it has not ceased to be an exempt structure by virtue of regulation 8(1) below.
7. (1) Subject to the following provisions of this regulation and regulation 8(2) below, regulation 3 above shall not apply where a person makes silage on a farm: (a) unless he has given notice to the Authority before 1st September 1991 of his intention to do so and he keeps any crop which is being made into silage in a place at least 10 metres from any inland or coastal waters which silage effluent could enter if it were to escape; (b) on or after 1st September 1996.
8. (1) A structure which is an exempt structure by virtue of regulation 6 above shall cease to be an exempt structure if: (a) any requirement of a notice under regulation 9 below is not complied with within the period stated in the notice; or (b) at any time on or after 1st March 1991 it is substantially enlarged or substantially reconstructed unless a contract for the work was entered into or the work was commenced before that date and in either case the work was completed before 1st September 1991. (2) The exemption conferred by regulation 7 above shall cease if any requirement of a notice under regulation 9 below is not complied with within the period stated in the notice. (3) Any reference in paragraphs (1) and (2) above to the period stated in a notice is to that period as extended if it has been extended under regulation 9(4) below or by virtue of regulation 10(5) below; and any reference in those paragraphs to a requirement of a notice is to that requirement as modified if it has been modified under regulation 9(4) below.
9. (1) Where the Authority is satisfied that there is a significant risk of pollution of controlled waters as a result of: (a) the use of an exempt structure mentioned in regulation 6 above for storage of a relevant substance; or (b) the making of silage in circumstances in which the exemption conferred by regulation 7 above applies, it may serve notice on the person having custody or control of the relevant substance requiring him to carry out such works and to take such precautions and other steps as it considers appropriate, having regard to the requirements of Schedule 1, Schedule 2 or, as the case may be, Schedule 3, for reducing that risk to a minimum. (2) The notice shall specify or describe the works, precautions or other steps which the person is required to carry out or take, state the period within which any such requirement is to be complied with and inform him of the effect in relation to the notice of regulation 10 below. (3) The period for compliance stated in the notice shall be such period as is reasonable in the circumstances and shall not in any case be less than 28 days. (4) The Authority may at any time: (a) withdraw the notice; (b) extend the period for compliance with any requirement of the notice; Preparing national regulations for water resources management 147
(c) with the consent of the person on whom the notice is served, modify the requirements of the notice, and shall do so if so directed by the Secretary of State under regulation 10(4) below.
10. (1) A person served with a notice under regulation 9 above may within the period of 28 days beginning with the day on which that notice is served (or within such longer period as the Secretary of State may allow) appeal to the Secretary of State against the notice. (2) An appeal under this regulation shall be made by the appellant serving notice on the Secretary of State and the notice shall contain or be accompanied by a statement of the grounds of appeal. (3) Before determining an appeal under this regulation the Secretary of State shall, if requested to do so by the appellant or the Authority, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. (4) On determining an appeal under this regulation the Secretary of State shall have power to direct the Authority to withdraw the notice under regulation 9 above, to modify any of its requirements, to extend the period for compliance with any requirement or to dismiss the appeal. (5) The period for compliance with a notice under regulation 9 above shall, subject to any direction under paragraph (4) above, be extended by a period equal to the period beginning with the date on which notice of appeal is served and ending on the date on which the Secretary of State finally determines the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.
11. A person who proposes to have custody or control of any relevant substance which is to be kept or stored on a farm in a silo, slurry storage system or, as the case may be, fuel storage area constructed, substantially enlarged or substantially reconstructed on or after 1st September 1991 shall serve notice on the Authority specifying the type of structure to be used and its location at least 14 days before it is to be used for such keeping or storage.
12. (1) A person who contravenes regulation 3(1) or (2), 4(1) or 5(1) above shall be guilty of an offence and liable: (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (2) A person who contravenes regulation 11 above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Schedule 1 - Requirements for Silos [Regulation 3(1)(a)] 1. The requirements which have to be satisfied in relation to a silo are that: (a) it complies with the following provisions of this Schedule; or (b) it is designed and constructed in accordance with the standard on cylindrical forage tower silos published by the British Standards Institution and numbered BS 5061:1974. 148 Preparing national regulations for water resources management
2. The base of the silo shall extend beyond any walls of the silo and shall be provided at its perimeter with channels designed and constructed so as to collect any silage effluent which may escape from the silo and adequate provision shall be made for the drainage of that effluent from those channels to an effluent tank through a channel or pipe.
3. The capacity of the effluent tank: (a) in the case of a silo with a capacity of less than 1500 cubic metres, shall be not less than 20 litres for each cubic metre of silo capacity; and (b) in the case of a silo with a capacity of 1500 cubic metres or more, shall be not less than 30 cubic metres plus 6-7 litres for each cubic metre of silo capacity in excess of 1500 cubic metres.
4. The base of the silo, the base and walls of its effluent tank and channels and the walls of any pipes shall be impermeable.
5. The base and any walls of the silo, its effluent tank and channels and the walls of any pipes shall, so far as reasonably practicable, be resistant to attack by silage effluent.
6. No part of the silo, its effluent tank or channels or any pipes shall be situated within 10 metres of any inland or coastal waters which silage effluent could enter if it were to escape.
7. If the silo has retaining walls: (a) the retaining walls shall be capable of withstanding minimum wall loadings calculated on the assumptions and in the manner indicated by paragraphs 13.9.1 to 13.9.9 of the code of practice on buildings and structures for agriculture published by the British Standards Institution and numbered BS 5505: Part 22: 1987; (b) the silo shall at no time be loaded to a depth exceeding the maximum depth consistent with the design assumption made in respect of the loadings of the retaining walls; and (c) notices shall be displayed on the retaining walls in accordance with paragraph 13.9.9 of that code of practice.
8. Subject to paragraph 9 below, the silo, its effluent tank and channels and any pipes shall be designed and constructed so that with proper maintenance they are likely to satisfy the requirements of paragraphs 2 to 5 and, if applicable, 7(a) above for a period of at least 20 years.
9. Where any part of an effluent tank is installed below ground level, the tank shall be designed and constructed so that without maintenance it is likely to satisfy the requirements of paragraphs 4 and 5 above for a period of at least 20 years.
Schedule 2 - Requirements for Slurry Storage Systems [Regulation 4(1)] 1. The requirements which have to be satisfied in relation to a slurry storage system are as follows. Preparing national regulations for water resources management 149
2. The base of the slurry storage tank, the base and walls of any effluent tank, channels and reception pit and the walls of any pipes shall be impermeable.
3. The base and walls of the slurry storage tank, any effluent tank, channels and reception pit and the walls of any pipes shall be protected against corrosion in accordance with paragraph 7.2 of the code of practice on buildings and structures for agriculture published by the British Standards Institution and numbered BS 5502: Part 50: 1989.
4. The base and walls of the slurry storage tank and of any reception pit shall be capable of withstanding characteristic loads calculated on the assumptions and in the manner indicated by paragraph 5 of that code of practice.
5. (1) Any facilities used for the temporary storage of slurry before it is transferred to a slurry storage tank shall have adequate capacity to store the maximum quantity of slurry which (disregarding any slurry which will be transferred directly into a slurry storage tank) is likely to be produced on the premises in any two day period. (2) where slurry flows into a channel before discharging into a reception pit and the flow of slurry out of the channel is controlled by means of a sluice, the capacity of the reception pit shall be adequate to store the maximum quantity of slurry which can be released by opening the sluice.
6. (1) Subject to sub-paragraph (2) below, the slurry storage tank shall have adequate storage capacity for the likely quantities of slurry produced from time to time on the premises in question having regard to: (a) the proposed method of disposal of the slurry (including the likely rates and times of disposal); and (b) the matters mentioned in sub-paragraph (3) below. (2) Where it is proposed to dispose of the slurry on the premises by spreading it on the land nothing in sub-paragraph (1) above shall require the tank to have a greater storage capacity than is adequate, having regard to the matters mentioned in sub- paragraph (3) below, to store the maximum quantity of slurry which is likely to be produced in any continuous four month period. (3) The matters to which regard is to be had under sub-paragraphs (1) and (2) above are: (a) the storage capacity of any other slurry storage tank on the premises in question; (b) the likely quantities of rainfall (including any fall of snow, hail or sleet) which may fall or drain into the slurry storage tank during the likely maximum storage period; and (c) the need to make provision for not less than 750 millimetres of freeboard in the case of a tank with walls made of earth and 300 millimetres of freeboard in all other cases;
7. No part of the slurry storage tank or any effluent tank, channels or reception pit shall be situated within 10 metres of any inland or coastal waters which slurry could enter if it were to escape. 150 Preparing national regulations for water resources management
8. The slurry storage tank and any effluent tank, channels, pipes and reception pit shall be designed and constructed so that with proper maintenance they are likely to satisfy the requirements of paragraphs 2 to 4 above for a period of at least 20 years.
9. Where the walls of the slurry storage tank are not impermeable, the base of the tank shall extend beyond its walls and shall be provided with channels designed and constructed so as to collect any slurry which may escape from the tank and adequate provision shall be made for the drainage of the slurry from those channels to an effluent tank through a channel or pipe.
10. (1) Subject to sub-paragraph (2) below, where the slurry storage tank, any effluent tank or reception pit is fitted with a drainage pipe there shall be two valves in series on the pipe and each valve shall be capable of shutting off the flow of slurry through the pipe and shall be kept shut and locked in that position when not in use. (2) Sub-paragraph (1) above does not apply in relation to a slurry storage tank which drains through the pipe into another slurry storage tank of equal or greater capacity or where the tops of the tanks are at the same level.
11. In the case of a slurry storage tank with walls which are made of earth the tank shall not be filled to a level which allows less than 750 millimetres of freeboard.
Schedule 3 - Requirements for Fuel Oil Storage Areas [Regulation 5(1)(a)] 1. The requirements which have to be satisfied in relation to a fuel oil storage area are as follows.
2. The fuel storage area shall be surrounded by a bund capable of retaining within the area: (a) in a case where there is only one fuel storage tank within the fuel storage area and fuel oil is not otherwise stored there, a volume of fuel oil not less than 110 per cent of the capacity of the tank; (b) in a case where there is more than one fuel storage tank within the fuel storage area and fuel oil is not otherwise stored there, a volume of fuel oil not less than whichever is the greater of: (i) 110 per cent of the capacity of the largest tank within the storage area; and (ii) 25 per cent of the total volume of such oil which could be stored in the tanks within the area; (c) in a case where there is no fuel storage tank within the fuel storage area, a volume of fuel oil not less than 25 percent of the total of such oil at any time stored within the area; (d) in any other case, a volume of fuel oil not less than any of the following: (i) 110 percent of the capacity of the fuel storage tank, or as the case may be, of the largest tank within the fuel storage area; (ii) where there is more than one fuel storage tank within the fuel storage area, 25 per cent of the total volume of such oil which could be stored in the tanks within the area; (iii) 25 per cent of the total volume of such oil at any time stored within the area. Preparing national regulations for water resources management 151
3. The bund and the base of the storage tank shall be impermeable and shall be designed and constructed so that with proper maintenance they are likely to remain so for a period of at least 20 years.
4. Every part of any fuel tank shall be within the bund.
5. Any tap or valve permanently fixed to the tank through which fuel oil can be discharged to the open shall also be within the bund, shall be so arranged as to discharge vertically downwards and shall be shut and locked in that position when not in use.
6. Where fuel from the tank is delivered through a flexible pipe which is permanently attached to the tank: (a) it shall be fitted with a tap or valve at its end which closes automatically when not in use; and (b) it shall be locked in a way which ensures that it is kept within the bund when not in use.
7. No part of the fuel storage area or the bund enclosing it shall be situated within 10 metres of any inland or coastal waters which fuel oil could enter if it were to escape.
II - SOUTH AFRICA - Regulations on Use of Water for Mining and Related Activities aimed at the Protection of Water Resources, 1999 6. Capacity requirements of clean and dirty water systems Every person in control of a mine or activity must-- a) confine any unpolluted water to a clean water system, away from any dirty area; b) design, construct, maintain and operate any clean water system at the mine or activity so that it is not likely to spill into any dirty water system more than once in 50 years; c) collect the water arising within any dirty area, including water seeping from mining operations, outcrops or any other activity, into a dirty water system; d) design, construct, maintain and operate any dirty water system at the mine or activity so that it is not likely to spill into any clean water system more than once in 50 years; e) design, construct, maintain and operate any dam or tailings dam that forms part of a dirty water system to have a minimum freeboard of 0.8 metres above full supply level, unless otherwise specified in terms of Chapter 12 of the Act; and f) design, construct and maintain all water systems in such a manner as to guarantee the serviceability of such conveyances for flows up to and including those arising as a result of the maximum flood with an average period of recurrence of once in 50 years.
7. Protection of water resources Every person in control of a mine or activity must take reasonable measures to – a) prevent water containing waste or any substance which causes or is likely to cause pollution of a water resource from entering any water resource, either by natural 152 Preparing national regulations for water resources management
flow or by seepage, and must retain or collect such substance or water containing waste for use, re-use, evaporation or for purification and disposal in terms of the Act; b) design, modify, locate, construct and maintain all water systems, including residue deposits, in any area so as to prevent the pollution of any water resource through the operation or use thereof and to restrict the possibility of damage to the riparian or in-stream habitat through erosion or sedimentation, or the disturbance of vegetation, or the alteration of flow characteristics; c) cause effective measures to be taken to minimise the flow of any surface water or floodwater into mine workings, open-cast workings, other workings or subterranean caverns, through cracked or fissured formations, subsided ground, sinkholes, outcrop excavations, adits, entrances or any other openings; d) design, modify, construct, maintain and use any dam or any residue deposit or stockpile used for the disposal or storage of mineral tailings, slimes, ash or other hydraulic transported substances, so that the water or waste therein, or falling therein, will not result in the failure thereof or impair the stability thereof; e) prevent the erosion or leaching of materials from any residue deposit or stockpile from any area and contain material or substances so eroded or leached in such area by providing suitable barrier dams, evaporation dams or any other effective measures to prevent this material or substance from entering and polluting any water resources; f) ensure that water used in any process at a mine or activity is recycled as far as practicable, and any facility, sump, pumping installation, catchment dam or other impoundment used for recycling water, is of adequate design and capacity to prevent the spillage, seepage or release of water containing waste at any time; g) at all times keep any water system free from any matter or obstruction which may affect the efficiency thereof; and h) cause all domestic waste, including wash-water, which cannot be disposed of in a municipal sewage system, to be disposed of in terms of a licence under the Act.
8. Security measures Every person in control of a mine or activity must-- a) cause any impoundment or dam containing any poisonous, toxic or injurious substance to be effectively fenced-off so as to restrict access thereto, and must erect warning notice boards at prominent locations so as to warn persons of the hazardous contents thereof; b) ensure access control in any area used for the stockpiling or disposal of any residue or substance which causes, has caused or is likely to cause pollution of a water resource so as to protect any measures taken in terms of these regulations; c) not allow the area contemplated in paragraph (a) and (b) to be used for any other purpose, if such use causes or is likely to cause pollution of a water resource; and d) protect any existing pollution control measures or replace any existing pollution control measures deleteriously affected, damaged or destroyed by the removing or reclaiming of materials from any residue deposit or stockpile, and establish additional measures for the prevention of pollution of a water resource which might occur, is occurring or has occurred as a result of such operations. Preparing national regulations for water resources management 153
9. Temporary or permanent cessation of mine or activity 1) Any person in control of a mine or activity must at either temporary or permanent cessation of operations ensure that all pollution control measures have been designed, modified, constructed and maintained so as to comply with these regulations. 2) Any person in control of a mine or activity must ensure that the instream and riparian habitat of any water resource, which may have been affected or altered by a mine or activity, is remedied so as to comply with these regulations. 3) On either temporary or permanent cessation of a mine or activity the Minister may request a copy of any surface or underground plans as required in terms of the Minerals Act, 1991.
12. Technical investigation and monitoring 1) The Minister may, after consultation with the Department of Minerals and Energy and the Department of Environmental Affairs and Tourism, in writing require any person in control of a mine or activity to arrange for a technical investigation or inspection, which may include an independent review, to be conducted on any aspect aimed at preventing pollution of a water resource or damage to the instream or riparian habitat connected with or incidental to the operation or any part of the operation of a mine or activity. 2) Such investigation must be conducted and a report thereon compiled in the manner and within the time period that the Minister may specify. 3) The person in control of the mine or activity must inform the Minister as to the expertise and qualifications of the persons who are to conduct an investigation, audit or inspection contemplated in sub-regulation (1) before the commencement thereof. 4) The Minister may in writing require any person in control of a mine or activity to submit a programme of implementation to prevent or rectify any pollution of a water resource or damage to the instream or riparian habitat as recommended by the investigation contemplated in sub-regulation (1) within the time period that the Minister may specify. 5) The Minister may in writing direct any person in control of a mine or activity to implement a compliance monitoring network, to monitor the programme of implementation contemplated in sub-regulation (4), through establishing, operating and maintaining monitoring installations of a type, at the locations and in the manner specified by the Minister and to submit the monitoring information and results to the Minister for evaluation. 6) Subject to Chapter 4 of the Act, any person in control of a mine or activity must submit plans, specifications and design reports approved by a professional engineer to the Minister, not later than 60 days prior to commencement of activities relating to- a) the construction of any surface dam for the purpose of impounding waste, water containing waste or slurry, so as to prevent the pollution of a water resource; b) the implementation of any pollution control measures at any residue deposit or stockpile, so as to prevent the pollution of a water resource; and c) the implementation of any water control measures at any residue deposit or stockpile, so as to prevent the pollution of a water resource. 154 Preparing national regulations for water resources management 7. OTHER COMPLEMENTARY WATER POLLUTION CONTROL MECHANISMS Waste discharge prohibitions, waste discharge permit requirements, and wastewater discharge requirements built in water utilization permits can be complementary to, or complemented by, other water pollution control mechanisms. The following such complementary mechanisms can be the subject of subsidiary legislation:
7.1 Water Quality Management Planning
Subsidiary legislation provides procedural requirements for the implementation of water quality management planning mechanisms provided for by principal legislation. Requirements in the example below are aimed at providing opportunities for public review and comment on plans being formed, and public information of plans which have been made.
IRELAND - Local Government (Water Pollution) Regulations, 1978 39. In this Part: "plan" means a water quality management plan under section 15.
40. (1) Where a local authority proposes to make, revise or replace a plan it shall publish notice of such intention in at least one newspaper circulating in its functional area. (2) A notice under sub-article (1) shall indicate: (a) the waters to which the plan relates, (b) that a copy of the plan may be inspected at a stated place and at stated times during a stated period of not less than three months (and the copy shall be kept available for inspection accordingly), (c) that any person may make written representations relating to the plan to the local authority within the period stated under paragraph (b), and (d) in the case of a plan to be made, revised or replaced jointly by two or more local authorities, that the plan is to be so made, revised or replaced and the local authorities concerned.
41. (1) Where a local authority makes, revises or replaces a plan, it shall publish notice to this effect in at least one newspaper circulating in its functional area. (2) A notice under sub-article (1) shall state that a copy of the plan is available for inspection at a stated place and at stated times. (3) Where the plan has been made, revised or replaced jointly by two or more local authorities the notice under sub-article (1) shall indicate that the plan has been so made, revised or replaced and shall specify those local authorities. Preparing national regulations for water resources management 155
42. Where application is made to a local authority for a copy of a plan or part thereof, the local authority shall issue a copy to the applicant on payment by him to the local authority of a sum which shall not exceed the reasonable cost of making the copy.
7.2 Inventory of Pollution
Inventories of the nature and extent of pollution, and of its causes can be viewed as a pre-requisite to a pollution control programme, and as the first step in water quality management planning. The example below clarifies the scope of the inventories and who can initiate an inventory. In addition, it conveys to the responsible government officials the powers which are needed for the necessary field investigations, most notably, the power to enter private property and take samples and inspect records. In this connection, it further clarifies the extent of the government's liability for damage resulting from the exercise of the said powers.
NEW ZEALAND - Waters Pollution Regulations, 1963 3. (1) The Council may from time to time carry out investigations for the purpose of ascertaining: (a) The extent of the pollution of waters in any locality; (b) The cause of any such pollution; (c) The number of outfalls from which pollutants are discharged into the waters; (d) The persons or authorities by which any such outfalls are controlled; (e) The type and amount of pollutants being discharged from each such outfall; (f) The uses for the time being made or likely in the future to be made of the waters; (g) The extent to which any pollution found to exist should, in the circumstances, be controlled or mitigated; (h)Any other information necessary for the purposes of these regulations. (2) Any such investigation may be carried out at the request of any person or authority having an interest in the mitigation of pollution of the waters affected or the Council may decide to carry out an investigation on its own motion. (3) Investigations shall be carried out in such order of priority as the Council thinks fit.
4. (1) For the purpose of carrying out any investigation under these regulations the Council, or any person authorised specially or generally in that behalf in writing by the Council, may make surveys, investigations, tests, and measurements in respect of waters pollution, and for that purpose may: (a) Enter and re-enter from time to time upon any land to which the authority relates with such assistants, gear, appliances, and equipment as may be necessary; 156 Preparing national regulations for water resources management
(b) Require any person to furnish such information and returns in respect of the pollution of waters as may be considered necessary; (c) Take samples of waters; (d) Generally do all things necessary in respect of any such survey, investigation, test, or measurement. (2) Where practicable, reasonable notice of the intention to enter upon any land owned by another person shall be given to the owner and occupier thereof. (3) Every person who is authorised in writing as aforesaid shall produce his authority when so required by the owner or occupier of any land on which he intends to enter or has entered. (4) Every person having any estate or interest in land injuriously affected and every person suffering any damage whatever from the exercise of any power under this regulation shall be entitled to full compensation from the Council. Any such compensation may be claimed and may be determined in the manner provided by the Public Works Act 1928.
7.3 Standards of Water Quality ("Ambient" Water Quality Standards)
Ambient water quality standards or objectives are generally fixed in relation to different categories of water. In the examples below, subsidiary legislation provides the procedure and criteria for the classification of waters (I), and for the establishment of water quality standards (II).
I - UNITED KINGDOM - The Surface Waters (River Ecosystem) (Classification) Regulations, 1994 2. Classification of waters (1) A system employing the classifications RE1, RE2, RE3, RE4 and RE5 is prescribed as a system of classification applying to inland freshwaters which are relevant rivers or watercourses. (2) The criteria for each of the classifications RE1 to RE5 are that the following requirements are satisfied by a series of samples of water taken and analysed in accordance with regulation 3, that is to say— (a) the 10 percentile of the saturation of dissolved oxygen shall not be less than the value specified in respect of that classification in column (2); (b) the 90 percentile of the biochemical oxygen demand shall not exceed the value specified in respect of that classification in column (3); (c) the 90 percentile of the concentration of total ammonia shall not exceed the value specified in respect of that classification in column (4); (d) the 95 percentile of the concentration of un-ionised ammonia shall not exceed the value, if any, specified in respect of that classification in column (5); Preparing national regulations for water resources management 157
(e) the 5 percentile of the pH value shall not be less than the lower value, if any, specified in respect of that classification in column (6), and the 95 percentile of the pH value shall not exceed the higher value, if any, so specified; (f) the 95 percentile of the concentration of dissolved copper shall not exceed the value, if any, which is specified in respect of that classification in column (8) by reference to the hardness of the water as described in column (7); and (g) the 95 percentile of the concentration of total zinc shall not exceed the value, if any, which is specified in respect of that classification in column (9) by reference to the hardness of the water as described in column (7).
3. Sampling, analysis and compliance The following matters, that is to say— (a) the frequency, location and methods of sampling; (b) the samples to be used, or to be disregarded, for the purpose of assessing whether any requirement specified in regulation 2(2) is satisfied; (c) the requirements for analysis of samples; and (d) the methods of determining percentile values, shall be determined by the National Rivers Authority in accordance with the procedures, and by reference to the principles, set out in the document dated 30th March 1994 and entitled "Water Quality Objectives: Procedures used by the National Rivers Authority for the purpose of the Surface Waters (River Ecosystem) (Classification) Regulations 1994".
Schedule - River ecosystem classifications (Omitted) … Explanatory Note (This note is not part of the Regulations) These Regulations prescribe a system of classifying the general quality of inland freshwaters which are relevant rivers or watercourses (as defined in section 104 of the Water Resources Act 1991 ("the Act")). The system, which consists of five classes ranging in order of decreasing quality from RE1 to RE5, will be used for establishing quality objectives under section 83 of the Act. … II - UNITED STATES OF AMERICA - Code of Federal Regulations - Title 40, Protection of Environment PART 131 -- Water Quality Standards Subpart A -- General Provisions §131.1 Scope. This part describes the requirements and procedures for developing, reviewing, revising, and approving water quality standards by the States as authorized by section 303(c) of the Clean Water Act. …
§131.2 Purpose. A water quality standard defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary to protect the uses. States adopt water quality standards to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act (the Act). "Serve the purposes of the Act" (as defined in sections 101(a)(2) and 303(c) of the Act) means that water quality standards should, wherever attainable, provide water quality for the protection and propagation of fish, shellfish and wildlife 158 Preparing national regulations for water resources management
and for recreation in and on the water and take into consideration their use and value of public water supplies, propagation of fish, shellfish, and wildlife, recreation in and on the water, and agricultural, industrial, and other purposes including navigation. Such standards serve the dual purposes of establishing the water quality goals for a specific water body and serve as the regulatory basis for the establishment of water- quality-based treatment controls and strategies beyond the technology-based levels of treatment required by sections 301(b) and 306 of the Act.
§131.6 Minimum requirements for water quality standards submission. The following elements must be included in each State's water quality standards submitted to EPA for review: (a) Use designations consistent with the provisions of sections 101(a)(2) and 303(c)(2) of the Act. (b) Methods used and analyses conducted to support water quality standards revisions. (c) Water quality criteria sufficient to protect the designated uses. (d) An antidegradation policy consistent with §131.12. (e) Certification by the State Attorney General or other appropriate legal authority within the State that the water quality standards were duly adopted pursuant to State law. (f) General information which will aid the Agency in determining the adequacy of the scientific basis of the standards which do not include the uses specified in section 101(a)(2) of the Act as well as information on general policies applicable to State standards which may affect their application and implementation.
Subpart B -- Establishment of Water Quality Standards §131.10 Designation of uses. (a) Each State must specify appropriate water uses to be achieved and protected. The classification of the waters of the State must take into consideration the use and value of water for public water supplies, protection and propagation of fish, shellfish and wildlife, recreation in and on the water, agricultural, industrial, and other purposes including navigation. In no case shall a State adopt waste transport or waste assimilation as a designated use for any waters of the United States. (b) In designating uses of a water body and the appropriate criteria for those uses, the State shall take into consideration the water quality standards of downstream waters and shall ensure that its water quality standards provide for the attainment and maintenance of the water quality standards of downstream waters. (c) States may adopt sub-categories of a use and set the appropriate criteria to reflect varying needs of such sub-categories of uses, for instance, to differentiate between cold water and warm water fisheries. (d) At a minimum, uses are deemed attainable if they can be achieved by the imposition of effluent limits required under sections 301(b) and 306 of the Act and cost-effective and reasonable best management practices for nonpoint source control. (e) Prior to adding or removing any use, or establishing sub-categories of a use, the State shall provide notice and an opportunity for a public hearing under §131.20(b) of this regulation. Preparing national regulations for water resources management 159
(f) States may adopt seasonal uses as an alternative to reclassifying a water body or segment thereof to uses requiring less stringent water quality criteria. If seasonal uses are adopted, water quality criteria should be adjusted to reflect the seasonal uses, however, such criteria shall not preclude the attainment and maintenance of a more protective use in another season. (g) States may remove a designated use which is not an existing use, as defined in §131.3, or establish sub-categories of a use if the State can demonstrate that attaining the designated use is not feasible because: (1) Naturally occurring pollutant concentrations prevent the attainment of the use; or (2) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or (3) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or (4) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use; or (5) Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or (6) Controls more stringent than those required by sections 301(b) and 306 of the Act would result in substantial and widespread economic and social impact. (h)States may not remove designated uses if: (1) They are existing uses, as defined in §131.3, unless a use requiring more stringent criteria is added; or (2) Such uses will be attained by implementing effluent limits required under sections 301(b) and 306 of the Act and by implementing cost-effective and reasonable best management practices for nonpoint source control. (i) Where existing water quality standards specify designated uses less than those which are presently being attained, the State shall revise its standards to reflect the uses actually being attained. (j) A State must conduct a use attainability analysis as described in §131.3(g) whenever: (1) The State designates or has designated uses that do not include the uses specified in section 101(a)(2) of the Act, or (2) The State wishes to remove a designated use that is specified in section 101(a)(2) of the Act or to adopt subcategories of uses specified in section 101(a)(2) of the Act which require less stringent criteria. (k) A State is not required to conduct a use attainability analysis under this regulation whenever designating uses which include those specified in section 101(a)(2) of the Act. 160 Preparing national regulations for water resources management
§131.11 Criteria. (a) Inclusion of pollutants: (1) States must adopt those water quality criteria that protect the designated use. Such criteria must be based on sound scientific rationale and must contain sufficient parameters or constituents to protect the designated use. For waters with multiple use designations, the criteria shall support the most sensitive use. (2) Toxic pollutants. States must review water quality data and information on discharges to identify specific water bodies where toxic pollutants may be adversely affecting water quality or the attainment of the designated water use or where the levels of toxic pollutants are at a level to warrant concern and must adopt criteria for such toxic pollutants applicable to the water body sufficient to protect the designated use. Where a State adopts narrative criteria for toxic pollutants to protect designated uses, the State must provide information identifying the method by which the State intends to regulate point source discharges of toxic pollutants on water quality limited segments based on such narrative criteria. Such information may be included as part of the standards or may be included in documents generated by the State in response to the Water Quality Planning and Management Regulations (40 CFR part 35). (b) Form of criteria: In establishing criteria, States should: (1) Establish numerical values based on: (i) 304(a) Guidance; or (ii) 304(a) Guidance modified to reflect site-specific conditions; or (iii) Other scientifically defensible methods; (2) Establish narrative criteria or criteria based upon biomonitoring methods where numerical criteria cannot be established or to supplement numerical criteria.
§131.12 Antidegradation policy. (a) The State shall develop and adopt a statewide antidegradation policy and identify the methods for implementing such policy pursuant to this subpart. The antidegradation policy and implementation methods shall, at a minimum, be consistent with the following: (1) Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. (2) Where the quality of the waters exceed levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the State finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the State's continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such degradation or lower water quality, the State shall assure water quality adequate to protect existing uses fully. Further, the State shall assure that there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources and all cost-effective and reasonable best management practices for nonpoint source control. (3) Where high quality waters constitute an outstanding National resource, such as waters of National and State parks and wildlife refuges and waters of exceptional recreational or ecological significance, that water quality shall be maintained and protected. Preparing national regulations for water resources management 161
(4) In those cases where potential water quality impairment associated with a thermal discharge is involved, the antidegradation policy and implementing method shall be consistent with section 316 of the Act.
§131.13 General policies. States may, at their discretion, include in their State standards, policies generally affecting their application and implementation, such as mixing zones, low flows and variances. Such policies are subject to EPA review and approval.
Subpart C -- Procedures for Review and Revision of Water Quality Standards §131.20 State review and revision of water quality standards. (a) State review. The State shall from time to time, but at least once every three years, hold public hearings for the purpose of reviewing applicable water quality standards and, as appropriate, modifying and adopting standards. Any water body segment with water quality standards that do not include the uses specified in section 101(a)(2) of the Act shall be re-examined every three years to determine if any new information has become available. If such new information indicates that the uses specified in section 101(a)(2) of the Act are attainable, the State shall revise its standards accordingly. Procedures States establish for identifying and reviewing water bodies for review should be incorporated into their Continuing Planning Process. (b) Public participation. The State shall hold a public hearing for the purpose of reviewing water quality standards, in accordance with provisions of State law, EPA's water quality management regulation (40 CFR 130.3(b)(6)) and public participation regulation (40 CFR part 25). The proposed water quality standards revision and supporting analyses shall be made available to the public prior to the hearing. (c) Submittal to EPA. The State shall submit the results of the review, any supporting analysis for the use attainability analysis, the methodologies used for site-specific criteria development, any general policies applicable to water quality standards and any revisions of the standards to the Regional Administrator for review and approval, within 30 days of the final State action to adopt and certify the revised standard, or if no revisions are made as a result of the review, within 30 days of the completion of the review.
§131.21 EPA review and approval of water quality standards. (a) After the State submits its officially adopted revisions, the Regional Administrator shall either: (1) Notify the State within 60 days that the revisions are approved, or (2) Notify the State within 90 days that the revisions are disapproved. Such notification of disapproval shall specify the changes needed to assure compliance with the requirements of the Act and this regulation, and shall explain why the State standard is not in compliance with such requirements. Any new or revised State standard must be accompanied by some type of supporting analysis. (b) The Regional Administrator's approval or disapproval of a State water quality standard shall be based on the requirements of the Act as described in §§131.5 and 131.6, and, with respect to Great Lakes States or Tribes (as defined in 40 CFR 132.2), 40 CFR part 132. … 162 Preparing national regulations for water resources management
§131.22 EPA promulgation of water quality standards. (a) If the State does not adopt the changes specified by the Regional Administrator within 90 days after notification of the Regional Administrator's disapproval, the Administrator shall promptly propose and promulgate such standard. (b) The Administrator may also propose and promulgate a regulation, applicable to one or more States, setting forth a new or revised standard upon determining such a standard is necessary to meet the requirements of the Act. (c) In promulgating water quality standards, the Administrator is subject to the same policies, procedures, analyses, and public participation requirements established for States in these regulations.
7.4 Standards of Effluent Quality ("Effluent" Quality Standards)
Standards of effluent quality may be found in subsidiary legislation. In view of their highly technical nature, they have not been reproduced here. As the example below illustrates, effluent quality standards may be complemented by a grant of authority to responsible government officials to tailor to the circumstances particular to each case more or less stringent standards than those laid down in the legislation.
AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973 26. (a) In any case where the Council considers that the observance of the general standard set out in Regulation 25(a) will not ensure that the receiving waters will be fit for some other water use, the Council shall determine such other standards for the waste discharge which, in its opinion, will ensure that such receiving waters will be fit for such water use.
(b) In any case where the Council considers that the observance of a less stringent standard than the general standard set out in Regulation 25(a) will ensure that the receiving waters will be fit for all other water uses, the Council may determine other standards for the waste discharge which, in its opinion, will ensure that such receiving waters will be fit for such water uses and may determine the periods during which such less stringent standards shall apply. (c) In any case where the Council considers such action to be necessary or desirable, it may determine specific limits for the concentrations of any of the matters or organisms referred to in Regulation 25(b) and for any of the properties referred to in Regulation 25 (c). (d) In any case where Regulation 25 (a) does not apply, the Council shall determine specific standards for the waste discharge. ... Preparing national regulations for water resources management 163 7.5 Sampling and Testing of Waters and Effluents
Sampling and testing of the waters where wastes are discharged are an essential complement to all the water pollution control mechanisms thus far reviewed insofar as sampling and testing are instrumental in (a) ascertaining the extent of pollution and (b) monitoring progress in general in the fight against pollution, and, more specifically, compliance with legal requirements. In the examples below, subsidiary legislation prescribes various matters related to sampling and testing - notably, procedures, standard methodologies and techniques, the circumstances which qualify a grant of authority to government officials to carry out sampling and testing, record- keeping, sampling methods and the effects which follow from the results of a test.
I - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 7. For the purpose of these Regulations, the effluent discharged into any inland waters shall be analyzed in accordance with the latest edition of the methods specified in the Second Schedule1, as amended from time to time, or in accordance with such other methods of analysis as the Director-General thinks fit.
II - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 12. ... (2) Any person authorized by the Board may, at any time and without prior notice to any person, enter upon any land for the purpose of testing, or taking samples of, the waste or effluent capable of being discharged by means of the works erected pursuant to paragraph (b) of sub-regulation (1), but no compensation shall be payable by such authorized person or the Board to any person in respect of any damage done to such land by reason of such entry.
III - CAYMAN ISLANDS - Water Authority Regulations, 1985 21. (1) The Authority may from time to time, in pursuance of sub-paragraph (c) of sub-section (2) of section 44 of the Law, test the quality of an effluent being discharged under a permit. (2) If, as a result of a test made in pursuance of the last preceding sub-section, the effluent discharged fails to meet the minimum quality standard laid down in regulation 19 or 20 or these regulations, as the case may be, the provisions of sub-section (1) of section 21 of the Law shall apply, and the Authority will charge for the test made the fee prescribed in Schedule 22 to these regulations.
1 Omitted. 2 Omitted. 164 Preparing national regulations for water resources management
(3) If, as a result of a test made in pursuance of sub-section (1) of this regulation, the conditions as to the quality of the effluent discharged which are contained in the relevant permit are shown to be met, no charge for the test will be made except where the test was requested by the holder of the relevant permit or by any other person, the prescribed fee being payable by one or the other, as the case may be.
IV - CANADA – SASKATCHEWAN - The Water Regulations, 2002 19. Required testing of sewage works and industrial effluent works Every permittee shall: (a) cause tests to be conducted and information to be collected as required in the permittee’s permit; (b) cause operational records or logs to be maintained, including information respecting: (i) maintenance work and any failure of treatment components; (ii) types, dosages and total amounts of chemicals or other substances added to the sewage or industrial waste; (iii) dates of discharge of sewage or industrial waste and the volumes of discharge; (iv) locations from which samples for any tests are taken; and (v) the results of any tests conducted on the samples taken pursuant to subclause (iv); (c) promptly make available the operational records or logs mentioned in clause (b) and the results of the tests conducted and the information collected pursuant to clause (a) to the minister or to the public as required by the permit or requested by the minister; and (d) promptly provide the minister with any additional information that the minister may reasonably request respecting the operation of the permittee’s sewage works or industrial effluent works. 38. Accredited laboratory (1) Subject to subsections (2) and (3), on and after March 31, 2004, an accredited laboratory must perform any analysis pursuant to this Division in accordance with the parameters for which it has been accredited. (2) For the purposes of this Division, if an accredited laboratory is not specifically accredited to perform an analysis required by this Division: (a) the minister may approve any analytical protocols and procedures that the minister considers necessary to ensure that water is properly tested; and (b) the accredited laboratory performing analysis pursuant to this Division shall perform the analysis in accordance with the analytical protocols and procedures authorized pursuant to clause (a). (3) If the minister approves any analytical protocols and procedures pursuant to subsection (2), the minister shall cause those protocols and procedures to be made available to the public in any manner that the minister considers likely to bring them to the public’s attention, including causing them to be posted on the department’s Internet website.
39. Testing, test results and notice of test results (1) Every permittee of a waterworks shall: Preparing national regulations for water resources management 165
(a) cause water samples to be taken regularly during the operation of the waterworks to test for bacteria and chlorine, and for any other constituents that the permittee’s permit requires to be monitored, at those locations and times and at a frequency: (i) specified in the permittee’s permit; or (ii) as directed by an order made pursuant to the Act; and (b) subject to subsections (2) and (3), submit the water samples taken pursuant to clause (a) for analysis to an accredited laboratory. (2) A water sample taken for the purposes of analysis pursuant to subclause 32(1)(b)(i) may be submitted to an accredited laboratory or to any approved laboratory. (3) A permittee may perform tests on water samples taken for the purposes of analysis for on-site total chlorine residuals, free chlorine residuals or turbidity monitoring and need not submit those water samples for testing to an accredited laboratory. (4) If the results of any sample test taken pursuant to subsection (1) show that the level of any bacteria or any other constituent in the treated water exceeds the level or range set out in these regulations, the permittee shall: (a) in the case a test result showing the presence of total coliforms, fecal coliforms, Escherichia coli or 200 or more organisms per 100 millilitres as an overgrowth of background bacteria, conduct any additional testing in accordance with the Bacteriological Follow-up Protocol for Waterworks Regulated by Saskatchewan Environment, EPB 205, dated November 2002 as issued by the department; (b) in the case of any other constituent that exceeds a level set out in these regulations, conduct any additional testing at the times and frequencies and in the manner directed by the minister. (5) For the purposes of this section, the Bacteriological Follow-up Protocol for Waterworks Regulated by Saskatchewan Environment, EPB 205, dated November 2002 as issued by the department, as amended from time to time, is adopted. (6) If the minister considers it to be necessary, the minister may direct a permittee to conduct any further sampling and testing, in addition to that conducted pursuant to subsection (1), to monitor: (a) the quality of the water in the waterworks; or (b) the efficacy of the treatment process. (7) Subject to subsection (8), any laboratory that conducts any analysis of water samples from a waterworks shall, within seven days after the date of completion of the analysis, report the results of the analysis to: (a) the permittee of the waterworks; and (b) the minister. (8) If a sample submitted in accordance with subsection (1) or (6) shows the presence of total coliforms, fecal coliforms, Escherichia coli or 200 or more organisms per 100 millilitres as an overgrowth of background bacteria, the laboratory that conducted the analysis shall: (a) notify the minister in accordance with the Bacteriological Follow-up Protocol for Waterworks Regulated by Saskatchewan Environment mentioned in subsection (5); and (b) within 72 hours after obtaining the result, send a written copy of the result to the permittee who submitted the samples and to the minister. 166 Preparing national regulations for water resources management
(9) On being notified pursuant to subsection (8), the permittee of the waterworks shall: (a) immediately notify the minister of the measures the permittee has taken and intends to take to remedy the situation in relation to the testing results; (b) notify consumers served by the waterworks of the measures mentioned in clause (a) in the manner and within the time that is directed by the minister in accordance with the Bacteriological Follow-up Protocol for Waterworks Regulated by Saskatchewan Environment mentioned in subsection (5); and (c) take any other action in relation to the results of testing and quality of water that the minister may direct to protect human health or public safety.
42. Operational records to be kept (1) Every permittee of a waterworks shall cause operational records or logs to be maintained, including records of the following: (a) the total water pumped into the distribution system on a daily basis or the total raw water used; (b) the types, dosages and total amounts of chemicals applied to the water for treatment; (c) the locations from which samples for any tests conducted by the permittee of the waterworks were taken in accordance with the permittee’s permit and the name of the person who conducted the sampling or testing and the results of those tests; (d) any departures from normal operating procedures that may have occurred and the time and date that they occurred; (e) any instructions that were given during operation of the waterworks to depart from normal operating practices and the name of the person who gave the instructions; (f) any upset condition or bypass condition, the time and date of the upset condition or bypass condition and measures taken to notify others and resolve the upset condition or bypass condition; (g) any condition of low disinfectant levels, the time, date and location of occurrence and measures taken to restore disinfectant levels to required values; (h) the dates and results of calibrating any metering equipment and testing instruments; and (i) the dates and types of maintenance performed on equipment and any actions taken to ensure the normal operations of the waterworks. (2) Every permittee of a waterworks shall cause the operational records or logs mentioned in subsection (1) to be recorded and maintained in the following manner: (a) operational records or logs must be made in chronological order, with the dates, times and testing locations clearly indicated; (b) entries in an operational record or log must only be made by the permittee; (c) any person making an entry in an operational record or log must do so in a manner that allows the person to be unambiguously identified as the maker of the entry; (d) operational records or logs must be maintained for at least five years; (e) any anomalies or instances of missing entries in an operational record or log must be accompanied by explanatory notes; Preparing national regulations for water resources management 167
(f) operational records or logs must only contain data or information that is actually observed or produced; (g) operational records or logs must not contain default values generated manually or by automated means; (h) operational records or logs maintained pursuant to clause (d) must be made available promptly on request of the minister.
V - UNITED KINGDOM - Surface Waters (Dangerous Substances) (Classification) Regulations (Northern Ireland) 1998 4. Sampling and analysis (1) The provisions of this regulation apply as respects the taking of samples of inland freshwaters, coastal waters and relevant territorial waters in relation to their classification in accordance with regulation 3. (2) Samples shall be taken under this regulation at a frequency sufficient to show any changes in the aquatic environment, having regard in particular to natural variations in hydrological conditions. (3) Where a discharge containing any substance listed in column (1) of any of the Schedules is made to waters mentioned in paragraph (1), samples shall be taken at a point sufficiently close to the discharge point to be representative of the quality of the aquatic environment in the area affected by the discharge, (4) Samples taken under this regulation in relation to relevant territorial waters, coastal waters or inland freshwaters to which the classification DS1, DS2 or DS3 is for the time being applied shall be analysed using the relevant reference method of measurement respectively specified in column (3) of Schedule 1, 2 or 3 or other methods which have limits of detection, precision and accuracy at least as good.
8. ENSURING COMPLIANCE WITH THE LAW
The holders of waste discharge permits are subject to obligations stemming from the permit, and to obligations of general import laid down in the legislation. In addition, the general public is also subject to certain basic obligations, most notably, that of refraining from discharging waste into a freshwater body, on the ground or under the ground, or from carrying on given activities or processes, unless a permit has first been obtained from the concerned government department or agency. While spontaneous compliance with these obligations is to be expected of the majority of the citizenry in general and of the holders of waste discharge or other comparable permits in particular, it is standard practice for legislation to deter non-compliance by declaring generic or specific violations an offence, and subjecting these to penalties. These include fines and imprisonment and, under the appropriate circumstances, non-conventional measures such as suspension or cancellation of a permit. Also, a special use of fines is made in 168 Preparing national regulations for water resources management connection with water pollution control offences, consisting of fining an illegal discharge on a daily basis for as long as the illegal discharge continues. The role of subsidiary legislation is this regard is prominent, as it may spell out which violation attracts what kind and level of penalty. Offences and attendant penalties can be generically directed at any deviation from the precepts of the law (I), or be fine-tuned to address specific breaches in connection with specific legal precepts (II).
As already explained in Chapter I, offences and penalties are an integral part of law enforcement. In addition, law enforcement involves, in the specific case of water pollution control legislation, authority for the government to enter and inspect private property, to take from it samples of the thing under investigation - e.g., an effluent, the soil -, to install monitoring equipment on the said property, to examine records which must be kept by law (III, IV and VII) and to direct a polluter to take action (VIII). As an adjunct to these powers, the property owner may be required to render active assistance in the exercise of law enforcement authority (V), or simply not to hinder the exercise of such authority (VI). An express grant of law enforcement authority and powers is generally found in principal legislation, but it is not uncommon to find such powers restated or elaborated on in subordinate legislation.
I - ST LUCIA - Public Health (Water Quality Control) Regulations, 1978 13. Any person failing to comply with these Regulations or with any notice served thereunder shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding two hundred and fifty dollars or to a term of imprisonment not exceeding three months, and in addition in the case of a continuous offence to a fine not exceeding fifty dollars for each day the offence continues after a conviction is first obtained.
II - KENYA - Water (General) Rules 75. The Water Apportionment Board shall have authority to determine whether or not any sawdust, tailings, gravel, refuse, sewage, effluent from any works or any other material or substance of any kind being put, or proposed to be put, into any body of water or watercourse is prejudicing or will prejudice the beneficial use for any purpose of the water of such body of water or watercourse, or is impeding or interfering or may impede or interfere, with the natural flow of any body of water, and the Board may at any time and from time to time order any person not to put any such thing into or adjacent to such body of water or watercourse, and further may order the removal of any such matter from, or from any site adjacent to, any body of water or watercourse, and any person who refuses to obey such order shall be guilty of an offence. Preparing national regulations for water resources management 169
77. Any person who deposits, or who causes or allows to be deposited, into any body of water or any tributary thereof, any sawdust, any vegetable or mineral refuse, the effluent from a sheep or cattle dip, factory, premises or work, any sewage or sewage effluent or any other matter or thing of any kind which is harmful to the fish, fish life, the fry or ova of fish, or fish food contained in such body of water shall be guilty of an offence.
III - KENYA - Water (General) Rules 79. (1) A fish warden, an assistant fish warden or any person authorized by a fish warden may enter upon any land or premises for the purpose of inspecting bodies of water or tributaries thereof, or for the purpose of preventing or detecting an offence under these Rules or for the purpose of collecting fish or taking samples of any matter or thing which is being deposited, or which it is proposed to deposit, into any body of water or any tributary thereof, and he may interfere summarily to prevent the deposit into any such body of water or tributary thereof of any matter or thing which is harmful to the fish, fish life, the fry or ova of fish or fish food in such body of water.
IV - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 12. ... (2) Any person authorized by the Board may, at any time and without prior notice to any person, enter upon any land for the purpose of testing, or taking samples of, the waste or effluent capable of being discharged by means of the works erected pursuant to paragraph (b) of sub-regulation (1), but no compensation shall be payable by such authorized person or the Board to any person in respect of any damage done to such land by reason of such entry.
V - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 20. An occupier of any premises shall provide the Director-General or any other officer duly authorised in writing by him every reasonable assistance or facility available at premises, including labour, equipment, appliances, and instruments that he may require for the purpose of taking any action that he is empowered by section 38 of the Act to take respect of the premises.
VI - KENYA - Water (General) Rules 79. … (2) Any person who wilfully obstructs or hinders a fish warden, an assistant fish warden or any person authorized by a fish warden in the execution of his powers under this rule shall be guilty of an offence. …
VII- UGANDA - The Water (Waste Discharge) Regulations, 1998 17. Sampling of effluent and waste water analysis (1) An environment inspector designated under section 80 or an analyst designated under subsection (1) of section 84 of the National Environment Statute, 1995 may at any reasonable time enter any premises and take samples, analyse and examine materials used in the activity for which a discharge permit was applied. (2) An analyst designated under subregulation (I) shall comply with the guidelines issued under these regulations. 170 Preparing national regulations for water resources management
VIII - UNITED KINGDOM - Water Resources Act , 1991 161A. Notices requiring persons to carry out anti-pollution works and operations (1) Subject to the following provisions of this section, where it appears to the Agency that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter, or to be or to have been present in, any controlled waters, the Agency shall be entitled to serve a works notice on any person who, as the case may be, -- (a) caused or knowingly permitted the matter in question to be present at the place from which it is likely, in the opinion of the Agency, to enter any controlled waters; or (b) caused or knowingly permitted the matter in question to be present in any controlled waters. (2) For the purposes of this section, a "works notice" is a notice requiring the person on whom it is served to carry out such of the following works or operations as may be specified in the notice. … (3) A works notice – (a) must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; … (4) Before serving a works notice on any person, the Agency shall reasonably endeavour to consult that person concerning the works or operations which are to be specified in the notice. …
161B. Grant of, and compensation for, rights of entry etc. (1) A works notice may require a person to carry out works or operations in relation to any land or waters notwithstanding that he is not entitled to carry out those works or operations. (2) Any person whose consent is required before any works or operations required by a works notice may be carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice.
161D. Consequences of not complying with a works notice (1) If a person on whom the Agency serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence. (2) A person who commits an offence under subsection (1) above shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both; (b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both. (3) If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, the Agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the Agency in doing it. (4) If the Agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice. (5) In this section "works notice" means a works notice under section 161A above. Preparing national regulations for water resources management 171
UNITED KINGDOM - The Anti-Pollution Works Regulations (England and Wales), 1999 2. Content of works notices A works notice shall- (a) in the case of a potential pollution incident, describe the nature of the risk to controlled waters, identifying the controlled waters which may be affected and the place from which the matter in question is likely to enter those waters; (b) in the case of an actual pollution incident, describe the nature and extent of the pollution, identifying the controlled waters affected by it; (c) specify the works or operations required to be carried out by the person on whom the notice is served, stating his name and address; (d) give the Agency's reasons for serving the notice on that person and for requiring those works or operations to be carried out; (e) inform the person on whom the notice is served of his right of appeal under section 161C of the Act (including the time for appealing) and of the requirements imposed by regulation 3 in relation to its exercise; (f) state that the Agency is entitled (unless the notice is quashed or withdrawn) to recover from the person on whom the notice is served its costs or expenses reasonably incurred in carrying out such investigations as are mentioned in section 161(1)of the Act; and (g) set out the contents of section 161D(1) to (4) of the Act (consequences of not complying with a works notice). III. GROUNDWATER DEVELOPMENT AND CONSERVATION
See also: I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS II. PREVENTION AND CONTROL OF WATER POLLUTION
1. INTRODUCTION
1.1 Scope of the Chapter
Groundwater resources have always played a critical role in meeting the water demands of traditionally water-short areas of the world. There, sooner than elsewhere, governments have asserted themselves as guardians of the precious resource, and have restrained the indiscriminate excavation of boreholes and wells. This trend is taking hold elsewhere in the world, particularly as a result of groundwater's role as a source of high-quality water for priority uses, and as a result of the threat to such role from indiscriminate pumping and from pollution. As a result, the government tends everywhere to substitute itself for the landowner in the latter's traditional role of master of the waters lying under his land, and government-administered regulatory legislation tends to replace property-minded doctrines and court- administered tortious litigation between adjoining well owners as a legal frame of reference for managing groundwater resources.
In parallel to the increased role of the government, so has grown and expanded the concept of "management" of groundwaters. This now encompasses a range of discrete functions, from controlling borehole drilling and well construction activities to allocating available groundwaters to competing uses, and from protecting groundwater from sources of pollution to artificially recharging groundwater sources under stress and to using surface and underground water resources in a conjunctive manner. Some of these functions are akin, conceptually and in legislative and administrative practice, to the functions of managing water resources in general, whether these be surface or underground. The allocation of groundwater resources from productive wells to competing uses, for instance, falls in this category. So does protecting groundwater resources from pollution. In addition to 174 Preparing national regulations for water resources management these "undifferentiated" functions of groundwater management - undifferentiated, that is, with regard to the kind of water resource being managed - there are a number of discrete functions which are peculiar to the management of groundwater resources. These include the prospecting for groundwater, i.e. searching for groundwater to ascertain the occurrence and availability of the resource in suitable quantities and of suitable quality to justify its extraction; the exercise of the profession of well driller, in view of the special skills required; the artificial recharge of groundwater, which may be resorted to to supplement the natural recharging processes when these are under stress; and the conjunctive use of surface and groundwater resources, which may be resorted to to prioritize certain uses of high-quality groundwater at the expense of established entitlements. Of these management functions which are groundwater-specific, the first may be the source of confusion - both conceptually and in relevant legislation - inasmuch as the digging or drilling of boreholes and the construction of wells have the dual purpose of ascertaining the occurrence of groundwater and extracting it for exploitation and use. Since groundwater exploration and exploitation are frequently treated in an undifferentiated manner in the relevant legislation, the focus of this Chapter will be on the activity of digging or drilling boreholes and constructing wells for either exploration or exploitation purposes, or both.
In view of the potential for conflict amongst users of water in general inherent in the indiscriminate boring in search of or for the extraction of groundwater, controlling borehole digging or drilling and well construction and thus preventing conflict has come to be firmly established as a function of government. As a result, the alternative of leaving groundwater exploration and exploitation decisions to the individuals concerned, and of having the courts arbitrate conflicts through litigation has lost much ground - at least in the countries where groundwater resources play a significant role in the national water balance. In consideration of this generalized trend, and also in view of the far greater specificity of legislation regulating this particular function of government as opposed to legislation governing action in the courts in general, this Chapter focuses on the former, and on its implementing mechanisms in particular. Preparing national regulations for water resources management 175 1.2 Legislative Approaches to Groundwater Management
Typically, government control of borehole digging or drilling and well construction is achieved through prior notification, permit or registration requirements. The target of these requirements can be the activity of digging, drilling or well construction, and the exercise of the profession of well- driller. Regulatory controls can be immediately operational, or become operational as and when the government determines. In this latter case, the government is typically vested with "stand-by" authority to introduce control mechanisms when the need for them arises. A variation of this approach is the selective application of control mechanisms in designated areas only as opposed to the entire country. In this particular case, a mechanism for the designation of groundwater "control" areas complements the mechanism for the control of well digging or drilling and restricts its application to any number of areas in the country, as the government determines. Permit and special area designation mechanisms are employed in the legislation also for artificial groundwater recharge and for coordinated use of surface and underground water resources. Groundwater pollution control approaches and mechanisms are presented in Chapter II on PREVENTION AND CONTROL OF WATER POLLUTION.
The policy decisions underlying the choice of approach to groundwater resources management are reflected in an Act of the Legislature dealing with water resources management in general, or with groundwater resources management in particular. Subsidiary legislation provides the procedural and substantive details of implementation which are presented in this Chapter.
2. PRIOR NOTIFICATION OF BOREHOLE DIGGING OR WELL DRILLING OPERATIONS
Prior notification to the government of one's intention to dig or drill a borehole or construct a well may be prescribed by principal legislation, with subsidiary legislation spelling out the operational details of implementation as to the manner and scope of notification. 176 Preparing national regulations for water resources management
I - KENYA - The Water Act, 2002
Fourth schedule - Abstraction of ground water 1. Application of this Schedule. This Schedule shall apply to the extraction of ground water whether or not for a purpose or in circumstances which require a permit.
2. Notice of intention to construct well. (1) No person shall construct or begin to construct a well without having first given to the Authority notice of his intention to do so and shall comply with such requirements as may be imposed by the Authority. (2) Unless otherwise exempted, a person constructing a well shall keep a record of the progress of the work, which shall include -- (a) measurements of the strata passed through and specimens of such strata; (b) measurements of the levels at which water was struck; and (c) measurements of the quantity of water obtained at each level, the quantity finally obtained and the rest level of the water. (3) A person to whom subparagraph (2) applies shall allow any person authorized by the Authority, at any reasonable time -- (a) to have free access to the well; (b) to inspect the well and the material excavated from it; (c) to take specimens of such material and of water abstracted from the well; and (d) to inspect and take copies of or extracts from the record required to be kept under this paragraph. (4) Where the person constructing a well on any land is not the occupier of the land, the obligation to allow any person authorized by the Authority to exercise his rights under this paragraph shall be the obligation of the occupier of the land as well as of the person constructing the well. (5) The Authority may by notice, whether conditionally or subject to specified conditions, exempt any person, in such circumstances as may be specified in the notice, from the operation of subparagraphs (2) and (3).
II - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 5. Water investigation permit (1) An application under section 36(1) of the Act for a permit to explore for water ("Water Investigation Permit") shall be in accordance with Form 3 and shall be lodged with the Controller. …
Schedule – Form 3 – Application for a water investigation permit – See Appendix, page 364. Preparing national regulations for water resources management 177 3. PERMITS TO DIG OR DRILL BOREHOLES AND TO CONSTRUCT WELLS
Boreholes can be dug or drilled and wells constructed and used (a) to search for groundwater, i.e. to ascertain the occurrence of groundwater in suitable quantities and of suitable quality to justify its extraction for use; and (b) to bring groundwater to the surface, i.e. to extract or abstract it, for use. Wells can also be constructed and used to dispose of waste: relevant legislation will be presented in this Chapter insofar as legislation on groundwater exploration and abstraction wells deals also with the use of wells for waste disposal purposes. Exploratory borings and groundwater abstraction wells can be treated in the legislation in an undifferentiated manner, subject to one set of rules resulting in one permit. Or, the exploration and abstraction ends of boring and drilling can be kept distinct and separate from extraction and be subjected to separate rules resulting in separate permits. Whenever possible, this differentiation of regimes, and procedural or substantive linkages between the two will be highlighted in this Chapter.
3.1 The Granting of Permits
Typically, the grant - or refusal - of a permit to carry out certain groundwater exploration and/or extraction activities is the resultant of a process structured in the legislation as a sequence of steps, patterned in the manner described in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS, as follows:
Step One - Filing of an application
Activities for which an application needs to be filed
The scope of permit and companion application requirements is generally defined in principal legislation. Nevertheless, implementing legislation may clarify the import of policies or principles laid down in this regard in an Act of Legislature. This particular aspect of the permit process is of particular significance in connection with groundwater management in view of the quite different ends of borehole digging or drilling and well construction, and the resulting possibility for uncertainty and confusion as to the exact scope of coverage of permit requirements. Permit and attendant application requirements are fixed with combined reference to the type of well and the 178 Preparing national regulations for water resources management kind of activity contemplated (I, III and IV), or with reference to the intended use of groundwater or to the technique employed for the excavation - the digging or drilling or excavation of wells for the well-driller's or excavator's own "domestic" use, and the excavation of wells by hand, being generally exempted from permit requirements (II).
I - AUSTRALIA - WESTERN AUSTRALIA - Rights in Water and Irrigation (Construction and Alteration of Wells) Regulations, 1963 4. Every person applying for a license for the commencement or construction of a well or for the enlargement, deepening or altering of, or the drawing of water from, an existing well, pursuant to the provisions of section 18 of the Act, shall make his application to the Minister- (a) in the case of an artesian well, in the form of Form 11; and (b) in the case of a non-artesian well, in the form of Form 22; in the schedule.
II - PHILIPPINES - Water Rules and Regulations 42. Except for domestic use, no person shall drill any well for the extraction of ground water or make any alteration to any existing well without securing a permit from the Council. For this purpose, only wells with casings not exceeding 75 millimetres in diameter may be allowed for domestic use.
III - CANADA – ALBERTA - Water (Ministerial) Regulations n. 205/98 35. Duty to comply (1) No person shall site, locate, drill, construct, cover, reclaim, service, monitor, deepen, operate, complete, equip, disinfect, recondition, test or maintain a water well or cause a water well to be sited, located, drilled, constructed, covered, reclaimed, serviced, monitored, deepened, operated, completed, equipped, disinfected, reconditioned, tested or maintained except in accordance with this Regulation.
36. Class of approval required The class of approval that is required in respect of an activity described in Column 2 of Schedule 5 is the class of approval shown in Column 1 of Schedule 5 opposite that activity.
1 Omitted. 2 Omitted. Preparing national regulations for water resources management 179
Schedule 5 - Class of approval for water wells
Class of Approval Description of Activity
Drilling of water wells for the diversion and use of Class A groundwater, includes all work described under Classes B, C, D and E.
Drilling, by means of digging, of water wells for the Class B diversion and use of groundwater.
Drilling of water wells for the purpose of obtaining Class C groundwater data or for special groundwater investigations not related to Class A or B.
Class D Reconditioning of water wells.
Drilling of water wells to a depth of not less than 450 Class E metres to obtain saline groundwater.
IV - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 7. Individuals, groups, companies, institutions, or private or public entities who whish to construct, develop, modify, or maintain a water well or install a pump, or carry out a yield test on a water well must apply to the Authorised Ministry for a Well Permit.
8. The requested Well Permit referred to in Article (7) may be for one or more of the following activities: - Construction of a new well. - Modification of an existing well either by deepening or by increasing the diameter. - Cleaning, maintenance or repair of an existing well, not involving any increase in depth or diameter of the well. - Replacement of an existing well by a new well. - Change in the use of the well from the existing use. - Installation of a pump in borehole by a rig.
Pre-requisites to the filing of applications
The profile of prospective applicants may be qualified – generally by principal legislation - notably by reference to ownership or possession of, or access to, the land on which boring is to be carried out. Subsidiary legislation provides the implementing specifics generally as a matter of documentary 180 Preparing national regulations for water resources management evidence required in support of applications (see Supporting documents below). However, substantive pre-requisites can be found in subordinate legislation, as in the examples given below, notably with respect to the professional skills of the permit seeker (II, III and IV).
I - PHILIPPINES - Water Rules and Regulations 2. Only the following may file an application with the Council for permit/authority: a. Citizens of the Philippines; b. Associations, duly registered cooperatives or corporations organized under the laws of the Philippines, at least 60 percent of the capital of which is owned by the citizens of the Philippines; c. Government entities and instrumentalities, including government-owned and controlled corporations.
II - CANADA – NEW BRUNSWICK – Water Well Regulation n. 90/79 5. The Minister may issue a well contractor’s permit to a person who (a) holds a well driller’s permit or employs a well driller on a full time basis, (b) applies to the Minister in a form provided by the Minister, and (c) pays a fee of three hundred dollars.
III - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 9. The permits will be granted only to applicants having legal ownership of the well site or having clear approval from the Ministry of Housing if the site is beside the land owned by them. Exemption from this rule may be granted to: - Government projects which require a temporary nearby water supply in order to complete the work. - Government or public authorities requiring emergency or temporary water supplies. - Wells constructed solely for exploratory or monitoring work. - Wells constructed in the furtherance of petroleum exploration.
13. The activities referred to in Article (8)1 shall only be implemented by a Contractor registered2 at the Authorised Ministry. The Ministry may allow an individual or group of individuals to carry out the activities of Article (8) by themselves in which case they must submit the exemption application with the well permit application.
IV - CANADA – ALBERTA - Water (Ministerial) Regulations n. 205/98 37. Requirements for a Class A approval (1) The Director may issue a Class A approval to an applicant who (a) is a certified journeyman driller, (b) employs a certified journeyman driller, or (c) is a qualified driller.
1 See under the heading Activities for which an application needs to be filed above. 2 See under sub-chapter 5. Well drillers’ permits. Preparing national regulations for water resources management 181
(2) An applicant for an approval who employs a certified journeyman driller must disclose the name of that certified journeyman driller in the application. (3) A Class A approval holder shall not allow any person to operate a drilling machine unless, (a) in the case of an approval issued to a person under subsection (1)(a) or (b), that person is (i) a certified journeyman driller, (ii) enrolled in an apprenticeship program for the designated trade of water well driller under the Apprenticeship and Industry Training Act and is directly supervised by a certified journeyman driller at least once a day, or (iii) under the direct and continuous supervision of a certified journeyman driller at the drilling site, or (b) in the case of an approval issued to a person under subsection (1)(c), that person is the qualified driller to whom the approval was issued or a certified journeyman driller who is employed by that person.
Format of applications
The format of applications tends to be standardized in "Forms" appended to subsidiary legislation for the convenience of prospective applicants. Practice in the design of application Forms varies considerably, as these range from one format of varying complexity covering all occurrences (II and III) to separate formats in respect of different kinds of operations (I).
I - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 7. Bore construction permit (1) An application under section 57(1) of the Act for a permit to carry out an operation referred to in section 56(1) ("Bore Construction Permit") shall be in accordance with Form 9 and shall be lodged with the Controller. …
9. Licence to take ground water (1) An application under section 60 of the Act for a licence to take water from a bore ("Licence to Take Ground Water") shall be in accordance with Form 14 and shall be lodged with the Controller. …
Schedule – Form 9 - Application for a bore construction permit – See Appendix III, page 365. Form 14 - Application for a licence to take groundwater – See Appendix III, page 367. 182 Preparing national regulations for water resources management
II - JAMAICA - Water resources regulations, 1995 18. Consent for well-drilling (1) An application for the consent of the Authority required under section 34 of the Act to sink, enlarge or otherwise alter a well (a) shall be made to the Authority in the form set out as Form C in the Schedule; and (b) shall be accompanied by such maps, documents or information as the Authority may require and by the relevant fee. …
Schedule – Form C – Application for consent of Authority to well-drilling - See Appendix III, 369.
III – UGANDA - Water Resources Regulations, 1998 16. Construction permit … (2) A person who wishes to engage a driller under sub-regulation (1) to construct a borehole on his or her land for the purpose of, (a) using water; (b) re-charging an aquifer; or (c) fitting a motorised pump to a borehole; may apply to the Director for a construction permit in Form F1 of the Sixth Schedule. …
17. Classification of boreholes, etc. The Director may, by notice published in the Gazette, declare any class of boreholes or class of works to be a class to which the provisions of sub-regulation (2) or (3) of regulation 16 does not apply.
Sixth schedule – Form F1 – See Appendix III, page 370.
Supporting documents
Documentary evidence in support of the application may be required to assist the decisionmakers in appraising a proposed boring and extraction project. Relevant requirements may feature in the standard Forms provided for the filing of applications (see the example given in the preceding paragraph) or may be separately provided for as in the examples below.
PHILIPPINES - Water Rules and Regulations 4. All applications shall be filed in the prescribed form, sworn to by the applicant and supported by the following: A. For a Water Permit for Agricultural Purposes: ... (2) Location Plan of Area showing: Preparing national regulations for water resources management 183
... d) In case of appropriation of ground water, location and spacing of proposed drilling sites, kind of crop, and approximate location or conveyance canal or conduit in lieu of items (a) and (c) above. B. For a Water Permit for Hydraulic Power Development and Industrial Purposes, or for a Permit to Dump Mine Tailings or Wastes: ... (4) When the application is for industrial use of ground water, the location and spacing of drilling well sites instead of diversion point should be indicated in the location plan. C. For a Water Permit for Municipal Purposes: ... (4) When the application involves the use of groundwater, the location and spacing of drilling well sites determined graphically by latitude and longitude should be indicated in the location plan;
5. In addition to the requirements under Section 4, the following are required in the specific instances indicated: A. For Well Drilling - Except when manual well drilling will be employed, all applications involving extraction of ground water shall include the name of a duly licensed well-driller who will undertake the drilling. Except for manual well drilling, no person shall engage in the business of drilling wells for the purpose of extracting ground water without first registering as a well driller with the Council. ...
Payment of filing fees
Payment of filing fees is customarily required to help defray the administrative costs of processing applications, as in the examples herebelow.
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 6. ... (2) Every such application shall be accompanied by the fee prescribed in Schedule 21 to these regulations to cover the cost of the necessary processing, and the Authority shall not entertain any application until payment of the prescribed fee has been effected.
II - UGANDA - Water Resources Regulations, 1998 16. Construction permit … (4) An application referred to under subregulation (1), (2) or (3) shall be accompanied by the appropriate application fee specified in the Second Schedule to these regulations.
1 Omitted 184 Preparing national regulations for water resources management
Second schedule – Fees and charges – See Appendix I, page 297.
Other procedural requirements
Subsidiary legislation may concern itself with applications in connection with multiple-point extraction from one groundwater source (I) and with the relationship between crop water requirements and the number of permissible wells (II).
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 6. ... (3) Unless, in the opinion of the Authority, special circumstances warrant otherwise, a separate application shall be filed in respect to each point of abstraction for which a licence is sought.
II - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations. 14. The following procedure shall be followed by any farmer whose land exceeds an area of 25 donums (2.5 hectares): A- A list shall be submitted of the crops to be grown and of the areas assigned to each type of crop, in addition to the working hours to be devoted to supervise the farm. B- The Agricultural Department of the Ministry shall assess the water requirements of the farmers. C- The Water Resources Development Department shall determine the number of well s required, together with their specifications and their locations. Farms with areas less than 25 donums shall be exempted from the above.
Step Two - Review of applications
In response to the same concerns which underlie the legislation on this particular Step of the permit-granting process which has been presented in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS, subsidiary groundwater management legislation evidences a fairly consistent practice of requiring the responsible government department or agency to elicit the views of the public and, in particular, of users of nearby surface or groundwater sources who may be affected by a proposed digging, drilling or pumping project. As shown in the examples Preparing national regulations for water resources management 185 given, relevant requirements are cast as described in Chapter I above- mentioned. Formal Environmental Impact Assessment requirements may be mandated by separate environment protection legislation, in which case groundwater resources management regulations will ordinarily defer to it. Field investigations may also be required to determine whether the works and structures proposed are adequate; whether the applicant could use effectively the facilities applied for, and whether the proposed digging or drilling will adversely affect other water users in the area or other property or environmental interests (I and IV).
I - PHILIPPINES - Water Rules and Regulations 10. A. The application to appropriate ground water shall be processed for adherence to requirements and shall be investigated in the field to determine any adverse effect to public or private interest. Protests on the application shall be governed by Section 9-B hereof1. If the application meets the requirements and has been found not prejudicial to public or private interest it shall be transmitted, following the requirements of Section 9 hereof2, to the Regional Director of the Ministry of Public Works who is hereby authorized to issue the permit to drill which shall be subject to the following conditions: ...
II - CAYMAN ISLANDS - Water Authority Regulations, 1985 6. ... (4) An application for an abstraction licence shall be accompanied by appropriate evidence, to the satisfaction of the Authority, that a notice setting out the particulars of the application has been prepared by the applicant, in, or substantially, in the form set out in Schedule 1 to these regulations, and that the said notice has been published in one local newspaper on one occasion. Provided that: (a) where the proposed abstraction forms part of a general development scheme notice whereof has been advertised in pursuance of regulation 7 of the Development and Planning Regulations, 1977, publication of a notice in pursuance of this sub-section shall not be required, and the applicant shall submit to the Authority with his application a copy of the advertisement made; and (b) where more than one application is filed by one applicant in respect of abstraction points situated in one and the same area, publication of one cumulative notice in one newspaper on one occasion will satisfy the requirements of this sub-section.
7. ... (2) The Authority may decline to consider any objection to, or representation on, an application for a water abstraction licence, if such objection or representation reaches the Authority 14 days after the relevant date. In this regulation the expression "relevant date" means the date on which the notice of the application was published in a newspaper in pursuance of sub-section 6(4).
1 See Chapter I, sub-chapter 2, Step Three - Review of applications, example II. 2 See ibidem, example V. 186 Preparing national regulations for water resources management
(3) The Authority shall cause to be served upon the applicant for a water abstraction licence a copy of every objection or representation received by them within the period specified in sub-section (2) of this regulation, and a copy of any other objection which they intend to take into consideration. ...
Schedule 1 - Notice of Application for a Licence to Abstract Groundwater - See Appendix III, page 372.
III - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 5. Water investigation permit (1) An application … for a permit to explore for water ("Water Investigation Permit") … shall be lodged with the Controller. (2) The Controller may publish in a newspaper circulating in the locality of the land to which the application relates a notice, in accordance with Form 4, of the application having been made and if the Controller does so he or she shall forward a copy of the notice to the owners and occupiers of any land in the vicinity of the land to which the application relates which, in the Controller's opinion, may in any way be affected as the result of the granting of the proposed Permit. (3) The costs of publication of the notice under subregulation (2) shall be met by the applicant. …
Schedule – Form 4 – Notice of application – See Appendix I, page 372.
IV – UGANDA - Water Resources Regulations, 1998 18. Factors to be taken into account when considering an application (1) The Director or a person authorised, in writing, by the Director may, (a) enter and inspect any land or equipment, in connection with the application; (b) require an applicant to provide such further information as is considered appropriate; (c) require an applicant, at his or her cost, to give public notice of the application in such manner as the Director may specify; (d) require the applicant to invite submissions on the application, in the notice given under paragraph (c) of this subregulation within a specified period. …
Step Three - Deciding on applications
Decisions as to whether to grant or refuse a permit, or to grant it subject to terms and conditions departing from the applicant's requirements, are typically left to the discretion of the responsible government decisionmaker. Whilst the law cannot prescribe specific decisions, it can nonetheless orientate decisionmaking by prescribing "criteria" for the guidance of decisionmakers in weighing the various factors involved, including, in particular, a priority list when deciding among competing requests (II). Preparing national regulations for water resources management 187
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 7. ... (4) Without prejudice to the provisions of section 15 of the Law, in dealing with an application for a water abstraction licence the Authority shall have regard to: (a) any objections or representations in writing relating to the application; (b) the requirements of the applicant, in so far as they appear to the Authority to be reasonable requirements; and (c) the requirements of existing lawful uses of water abstracted from the ground water resource to which the application relates. ...
II - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations. 11. Permits for drilling and for agricultural water use shall be issued according to the following priorities: A- Old farms according to the dates of their rehabilitation on a first-come first-serve basis. B- Lands distributed according to the lands regulations, on a first-come first- serve basis. C- Lands granted under Royal Decrees on a first-come first-serve basis. In all cases the highest priority shall be given to those lands on which irrigation technology approved by the Ministry will be used, which is aimed at preserving water resources.
12. In case the priorities stated in Article 11 above are equal, the higher priority will be given to those water users who are involved in agricultural and livestock production with a government subsidy in order to help achieve the Kingdom's food self- sufficiency.
III - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 10. The Authorised Ministry shall review the applications for Well Permits and may issue a Well Permit or may request additional information about the water use, water requirement, site location, or may require a change in the location of the well, or may refuse a Well Permit based on the water resources conditions in the area or proximity of aflaj to the well site, or may approve the modification of an existing well instead of permitting a new well. …
Step Four - Recording of decisions and permits
The recording of successful applications and of permits granted as a result may be required as a matter of law for the government's future reference and for the information of the general public (II). In implementation of such requirements, the formation and upkeep by the government water administration of records - styled "registers"- of permits, and of action taken on them after their grant (see in this regard sub-chapter 3.4 below) may be 188 Preparing national regulations for water resources management mandated by law, with subsidiary legislation providing the details of formation and contents of, and access to, the prescribed registers (III). The reasons for decisions made on applications may be separately required to be given in writing, also in aid of an unsuccessful applicant who contemplated appealing from an adverse decision (see in this particular regard Step Five below) (I).
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 7. ... (6) The Authority shall notify in writing the applicant of their decision and, where they decide to grant a licence subject to conditions or departing in a material respect from the proposals made in the application, or to refuse a licence, they shall state their reasons in writing. ...
II - CAYMAN ISLANDS - Water Authority Regulations, 1985 7. ... (8) Upon the granting of a licence to abstract ground water other than a licence of right, the Authority shall cause an entry to be made to that effect in the General Register of Ground Water Abstraction Licences.
III - CAYMAN ISLANDS - Water Authority Regulations, 1985 12. (1) The Authority shall keep, in such manner as they deem fit a General Register of Groundwater Abstraction Licences containing a copy of all licences granted in pursuance of the Law, and information concerning any action taken by the Authority in relation to such licences after the grant thereof. (2) The General Register of Groundwater Abstraction Licences shall be available for inspection by the public at all reasonable hours at the offices of the Authority. Certified and uncertified extracts from the Register shall be obtainable on payment of the fee prescribed in Schedule 2 to these regulations1.
Step Five - Appealing from adverse decisions
It is fairly consistent practice reflected in water resources legislation to provide for administrative or judicial review of decisions made on applications for groundwater exploration or exploitation. The review process - administered by a judge through court proceedings or by a government administrator ranking higher in the hierarchical ladder to the one who took the decision impugned - constitutes an appeal. Subsidiary legislation may restate, or clarify the import of, general principles in regard to groundwater exploration or exploitation decisions, and provide specific procedural and substantive rules governing the appeal process.
1 Omitted. Preparing national regulations for water resources management 189
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 39. (1) Appeals to the Magistrate's Court in accordance with section 48 of the Law shall be made within fourteen days of the Authority's notice being served in accordance with section 62 of the Law. (2) An appeal notice shall be lodged at the Magistrate's Court, and shall be copied to the Authority not later than four days after it has been lodged at the Magistrate's Court. (3) Upon receipt of an appeal notice in pursuance of section 48 of the Law, the Magistrate's Court shall send to the appellant an acknowledgement in writing, including a statement that the appellant may, if he so wishes, appear in person, or in the person of a duly appointed representative, before the officer and on the date indicated in the acknowledgement.
II - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 10. … The concerned applicant may appeal to the Authorised Minister against the Ministry decision within one month from its issuance. The decision of the Authorised Minister is final.
III - UGANDA - Water Resources Regulations, 1998 20. Appeal to the Minister (1) A person whose application is rejected by the Director under subregulation (3) of regulation 18 may appeal to the Minister. (2) The Minister shall, within twenty one days of receipt of notice of appeal under subregulation (1) of this regulation consider and determine the matter or refer the matter to the Committee. (3) Where the Minister refers the matter to the Committee, the Committee shall make its recommendation to the Minister within one month of receipt of the matter from the Minister, and the Minister shall dispose of the matter within seven days of receipt of the Committee's recommendation.
3.2 Format of Permits
A favourable decision on a proposed borehole digging or drilling or well construction activity results in a legal instrument variably styled permit, licence or authorization - which terms can, for practical purposes, be regarded as synonyms and be collectively referred to as "permits". A permit is the instrument of the grant, and at the same time constitutes evidence of a right to carry out borehole diggings or drillings and construction of wells for groundwater exploration or extraction purposes. Standard formats of such instruments are frequently provided as "forms" in subsidiary legislation for the convenience of the government water administrators, separate forms being generally provided in respect of drilling, bore construction, and 190 Preparing national regulations for water resources management groundwater extraction (IV–VII). Permits spell out the terms and conditions subject to which the rights which accrue under the permit are to be exercised. The framing of such terms and conditions is typically left to the discretion of the government water administration (I–III, VI and VII). Subsidiary legislation, however, may provide for checklists of items for the permit-framers' consideration (I), or for standard clauses which can be either prescribed directly by the legislation for express or implied incorporation in the permit (II and III), or be crystallized in the permit Forms (V).
I - PHILIPPINES - Water Rules and Regulations 10. A. The application to appropriate ground water shall be processed for adherence to requirements and shall be investigated in the field to determine any adverse effect to public or private interest. Protests on the application shall be governed by Section 9-B hereof1. If the application meets the requirements and has been found not prejudicial to public or private interest it shall be transmitted, following the requirements of Section 9 hereof2, to the Regional Director of the Ministry of Public Works who is hereby authorized to issue the permit to drill which shall be subject to the following conditions: (1) Drilling operations shall be in accordance with the rules provided herein; (2) The rate of water withdrawal to be approved shall be determined after pumping testes and shall in no case exceed the rate stated in the application; (3) A permit to drill shall remain valid for six (6) months, unless a longer period is allowed by the Council for reasonable grounds; and (4) The permit to drill shall be regarded as a temporary permit, and the regular permit shall be issued after the rate of water withdrawal has been determined. ...
II - PHILIPPINES - Water Rules and Regulations 13. Water Permits issued by the Council shall be subject to such terms, restrictions and limitations as it may deem proper to impose, and to any, or all of the following conditions:
... (b) The construction of the necessary structures and diversion works shall begin within ninety (90) days from the date of receipt of the approved plans, specifications and implementing schedules and shall be completed within the approved schedule unless extended by the Council for valid or justifiable reasons: Provided, that water shall not be diverted, pumped or withdrawn until after such structures and works shall have been inspected and approved by the Council, unless otherwise allowed. Except in cases of emergency to save life or property or repairs in accordance with plans originally approved, the alteration or repair of these structures shall not be undertaken without the approval of the Council.
1 See Chapter I, sub-chapter 2, Step Three - Review of applications, example II. 2 See Chapter I, sub-chapter 2, Step Three - Review of applications, example V. Preparing national regulations for water resources management 191
(h) Any person in control of a well shall prevent the waste of water therefrom and shall prevent water from flowing onto the surface of the land or into any surface water without being beneficially used, or into any porous stratum underneath the surface. (i) Any person in control of a well shall prevent water containing mineral or other substances injurious to the health of humans or animals or to agriculture and vegetation from flowing onto the surface of the land or into any surface or into any other aquifer or porous stratum.
III - CAYMAN ISLANDS - Water Authority Regulations, 1985 8. A licence to abstract groundwater, other than a licence of right, shall be valid for one year from the date of the grant, and may be renewed in accordance with the provisions of regulation 5 of these regulations.
IV - CAYMAN ISLANDS - Water Authority Regulations, 1985 Schedule 1 - Groundwater Abstraction Licence - See Appendix III, page 373.
V - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 Schedule – Form 5 - Water investigation permit – See Appendix III, page 373. Schedule – Form 10 - Bore construction permit – See Appendix III, page 375. Schedule – Form 15 - Licence to take groundwater – See Appendix III, page 375.
VI - JAMAICA - Water resources regulations, 1995 18. Consent for well-drilling … (2) The Authority may grant its consent subject to such conditions as it thinks fit or withhold its consent and where the consent is granted, it shall be in the form set out as Form D in the Schedule. …
Schedule – Form D – Consent of the Water Resources Authority to well-drilling – See Appendix III, page 376.
VII – UGANDA - Water Resources Regulations, 1998 19. Grant of permit etc. (1) The Director shall, after approving the application under subregulation (3) of regulation 18 grant a … construction permit1 for a period of one year. (2) The permit referred to under subregulation (1) of this regulation shall in Form … F3 as set out in the Sixth Schedule and be issued on such conditions as the Committee may specify. …
Sixth schedule – Form 3 – Construction permit – See Appendix III, page 377.
1 See paragraph 3.1, Step One, under the heading Format of applications (III). 192 Preparing national regulations for water resources management 3.3 General Obligations of Permit Holders
In addition to the terms and conditions spelt out in the permit, permit holders may be subject to obligations of general import, regardless of their being recorded in the permit. Such obligations as are laid down in subsidiary legislation typically cover the conduct of digging or drilling operations, and concern such matters as the filing of regular returns and of information and data (I, V–IX, and XI), the carrying out of prescribed tests (XII), the provision of notices as prescribed (III and V), and specifications as to the construction and siting of wells (II and V) and as to deadlines for completion of operations under a permit (IV) or for returning a completion report (VII). Subsidiary legislation may also prescribe measures to avoid the contamination of groundwater with salty or polluted water or from defective wells, to prevent waste of groundwater and, in general, to protect groundwater resources (IX). Furthermore, the permit holder may be required to make a guarantee deposit to ensure compliance with the terms and conditions stated in the permit (VIII and X).
I - PHILIPPINES - Water Rules and Regulations 10. ... B. Result of Drilling Operations - A report on the result of the drilling operations shall be submitted to the investigating office within the 6-month period stated in the preceding section. The report shall include a description of each drilling site, the drilling log, the yield of the well and the assessment of data obtained. 15. ... In addition, in cases of appropriation of ground water the permittee shall inform the Council as to the depth and diameter of the well, the drilling log, the specifications and location of a casings, cementing, screens and perforations, and the results of tests of capacity, flow, drawdown, and shut-in pressure.
II - PHILIPPINES - Water Rules and Regulations 43. Drilling of deep wells for the extraction of ground water shall conform with the following requirements: (a) The well shall be so designed and constructed that it will seal off contaminated water-bearing formations or formations which have undesirable characteristics; (b) There shall be no unsealed openings around the well which may conduct surface water or contaminated or undesirable ground water vertically to the intake portion of the well; (c) All parts of a permanent well shall be of durable materials; (d) Wells constructed in a sand or gravel aquifer shall be provided with a water- tight casing to a depth of 1.5 meters or more below the lowest expected pumping level, provided that where the pumping level is less than ten (10) meters from the surface, the casing shall extend three (3) meters below the lowest pumping level; Preparing national regulations for water resources management 193
(e) Casings of wells constructed in sandstone aquifers where the overburden consists of unconsolidated materials shall be grouted to a minimum depth of ten (10) meters, provided, that should there be an additional overlying formation of creviced or fractured rock, the casing shall be grouted to its full depth; (f) Casings of wells constructed in limestone, granite or quartzite where the overburden consists of drift materials shall be extended to a depth of at least fifteen (15) meters, and firmly seated in rock formation, provided, that where the overburden is less than fifteen (15) meters, the casing shall be extended three (3) meters into uncreviced rock, provided, finally, that in no case shall the casing be less than 15 meters; (g) Wells for domestic and municipal water supply shall be constructed in accordance with sound public health engineering practice; (h) The extent of pumping and extraction of ground water shall take into consideration the possibility of salt water intrusion, land subsidence and mining of ground water; (i) Unless otherwise allowed by the Council, an abandoned well shall be properly plugged or sealed to prevent pollution of ground water, to conserve aquifer yield and artesian head, and to prevent poor quality water from one aquifer entering another; (j) Free-flowing wells shall be provided with control valves or other similar devices to control ad regulate the flow of water from such wells for conservation purposes; (k) Well sites shall be provided with drainage facilities for the proper disposal/conveyance of surface water flow from the site; (l) In general, spacing requirements except for wells less than 30 meters deep, shall be in accordance with the table below:
RATE OF WITHDRAWAL MINIMUM DISTANCE IN LITRES PER SECOND BETWEEN WELLS IN METERS
2 - 10 200 More than 10 - 20 400 More than 20 - 40 600 More than 40 1000
The Council may increase or decrease the above spacing requirements under any of the following circumstances: (a) for low-income housing development projects where home lot size will limit available spacing between homeowners' wells; (b) where the geologic formation may warrant closer or farther spacing between wells; and (c) where assessment of pumping test records on yields, drawdown, circle of influence, seasonal fluctuations in water table and other technical data on ground water wells, drilling and operation indicate possible closer or farther spacing between wells. 194 Preparing national regulations for water resources management
In modifying the spacing requirements the following criteria shall be applied: (a) No new well shall cause more than 2 meters of additional drawdown to any existing well; (b) If the rate of withdrawal applied for a well will cause additional drawdown of more than 2 meters to any existing well the rate of withdrawal applied for shall be reduced to satisfy the drawdown limit. (c) The Council shall prescribe the maximum pump size and horsepower in the water permit so that the rate of withdrawal shall not exceed that authorized; (d) Groundwater mining may be allowed provided that the life of the groundwater reservoir system is maintained for at least 50 years.
III - CAYMAN ISLANDS - Water Authority Regulations, 1985 9. (1) Where, in pursuance of section 14 of the Law, a ground water abstraction licence is granted subject to construction, enlargement, or alteration of works, the holder of such a licence shall notify the Authority in writing of his intention to commence the said works at least seven days prior to the intended commencement date, such a date being consistent with the period assigned in the licence for the completion of the authorized works. ...
IV - CAYMAN ISLANDS - Water Authority Regulations, 1985 9. ... (2)If, after commencement of the authorized works, the licence holder anticipates that he will be unable to complete the works within the period assigned to him in the licence, or upon the expiration of the assigned period without the authorised works having been completed as directed in the licence, the holder of the licence may apply in writing to the Authority for the grant of an extension of the assigned period, whereupon the Authority will exercise the powers conferred on them by sub-section (1) of section 14 of the Law. (3) If the holder of such a licence is unable to complete the authorised works within such extended period as may have been granted by the Authority in pursuance of the last preceding sub-section, he may apply to the Authority for a second - and last - extension in pursuance of sub-section (1) of section 14 of the Law. Failure by the holder of a licence to complete the authorised works within the period so extended may result in the termination of the licence in pursuance of sub-paragraph (a) of sub- section (1) of section 21 of the Law.
V - CANADA – ALBERTA - Water (Ministerial) Regulations N. 205/98 Part 7 - Water Wells 38. Notification of change in information An approval holder must notify the Director (a) within 10 days after any change to any information provided in an application for an approval if the information relates to the eligibility of the approval holder, and (b) within 60 days after any other change in any information provided in an application for an approval. Preparing national regulations for water resources management 195
39. Plates for approval holder (1) The Director must provide an approval holder with one plate for each drilling machine owned and operated by the approval holder. (2) No person shall use or permit the use of a drilling machine unless the plate is prominently displayed on the drilling machine. (3) No approval holder shall transfer a plate to any other person. (4) If an approval holder sells, transfers or otherwise disposes of a drilling machine or retires the machine from use, the approval holder must immediately return the plate to the Director. …
41. Drilling report (1) Within 60 days after the completion of a water well, the approval holder must ensure (a) that a drilling report is completed in a form acceptable to and containing the information required by the Director, and (b) that a copy of the drilling report is provided to the Director and the owner of the water well. (2) A person who drills a water well for which an approval is not required under this Regulation must, within 60 days after completion of the water well, (a) complete a drilling report in a form acceptable to and containing the information required by the Director, and (b) provide a copy of the drilling report to the Director. (3) A person required to complete a drilling report under this section must keep a copy of it for at least 5 years after it is completed.
42. Records during drilling During the drilling of a water well, the driller must (a) maintain a current record of the construction and testing of the water well, including a lithologic log, and (b) have the record available for inspection.
43. Reporting saline groundwater or gas (1) If saline groundwater is encountered in drilling a water well, the driller must (a) notify the owner of the water well that saline groundwater has been encountered, and (b) ensure that the saline groundwater is sealed off to prevent it from mixing with any other water that is not saline groundwater. (2) If gas is encountered in drilling a water well, the driller must (a) notify the owner of the water well that the gas has been encountered, (b) subject to subsection (3), notify the Director within 24 hours after encountering the gas, and (c) subject to subsection (3), ensure that the gas is immediately sealed off to prevent an adverse effect on the environment, human health, property and public safety. (3) Subsection (2)(b) and (c) only apply when gas is encountered in a quantity that would prevent the safe drilling or operation of the water well. (4) If saline groundwater or gas is encountered in the drilling of a water well, the driller must, in the drilling report, report to the Director the remedial steps taken. 196 Preparing national regulations for water resources management
44. Water well site specifications (1) The driller and the owner of a water well must locate the water well site so that (a) the water well is accessible for cleaning, treatment, repair, testing, maintenance and inspection, (b) the area immediately surrounding the water well may be kept in a sanitary condition, (c) surface water does not collect or form a pond in the vicinity of the water well, and (d) the water well is at least 3.25 metres away from the nearest building. (2) No person shall locate a water well in a pit. …
VI - JAMAICA - Water resources regulations, 1995 27. Information as to underground water (1) Any person who, pursuant to a licence granted under this Act to abstract and use water, is authorized Ito sink a well and to abstract underground water or who, in pursuance of the provisions of section 19 (2), intends Ito sink a well and to abstract underground water shall, upon the commencement of such work, keep a journal of the progress of the work which shall include measurements of the strata passed through and of the levels art which water is struck and subsequently rests and shall, when so required by the Authority, keep specimens of, the material excavated from the well, and shall allow any person authorized in writing by the Authority for the purpose at all reasonable times (a) to have free access to any such well; (b) to inspect the well and the material excavated therefrom; (c) to take specimens of such material and of water abstracted from the well; and (d) to inspect and take copies of or extracts from the journal required to be kept under this subsection. (2) The person sinking any such well shall, within thirty days after completion or abandonment of the work, send a complete copy of the journal kept under subsection (1) to the Authority and shall also send to the Authority particulars of any test made of the flow of water before such completion or abandonment, specifying the rate of flow throughout the test and the duration of the test and also, where practicable, specifying the water levels during the test and thereafter until the water has returned to its natural level. (3) Where any such well is sunk in connection with an existing pumping station, the particulars of any test to be supplied to the Authority shall also include the rate of pumping at the existing works during the test. (4) Where the person sinking a well on any land is not the occupier of the land, the obligation to allow a person authorized by the Authority to exercise the rights specified in sub-paragraphs (a) to (d) of paragraph (1) shall be the obligation of the occupier as well as of the person sinking the well. (5) The Authority may waive any or all the requirements prescribed in paragraphs (1) to (3) in respect of the sinking of any well for purposes of abstracting underground water – (a) if such well does not reach a depth of fifty feet; or (b) where the Authority is satisfied that in all the circumstances, compliance with any requirements of those paragraphs is impracticable or undue expense would be thereby incurred. Preparing national regulations for water resources management 197
VII - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations. 1. ... H- Drilling contractor: means any person or entity engaged in the practice of water-well drilling to abstract groundwater, either for himself or for others, solely or in cooperation with others, by hiring them or by joining them, to achieve the above- mentioned objective. ... J- Drilling license: is an authorization issued by the Ministry to any drilling contractor permitting him to practice his business according to conditions set forth by the Ministry. K- Drilling permit: is a permit issued by the Ministry to a landowner, or his agent, to drill or have drilled, or to deepen, or to develop, or to fill, or to change the specifications of, a water well. ...
II- Registration & Licenses 8. The drilling contractor shall provide the concerned Ministry's Branch Office with a drilling completion report, on a form prepared by the Ministry, within fifteen (15) days of completion. He is required to report to the Ministry's Branch Office the locations and movements of his drilling rigs. After completing the drilling of the well and finishing the completion report, the contractor shall submit a copy of that report to the Ministry, together with borehole soil samples taken every three metres, as well as water samples and a work progress report.
III - Drilling Contracts 9. The drilling contractor shall conclude written contract agreements with water well owners, or with their authorized representatives, and such contracts shall be duly signed by both contracting parties, or their representatives, before the commencement of any work. Such contracts must follow the contract form prepared by the Ministry [see attached form]. They will be in accordance with instructions issued by the Ministry regarding the methods of drilling, the diameters, the suitability of materials, and the lengths of the casings. The permit issued by the department of water preservation shall be considered as a general regulation controlling the relations between the contractor and the owner and it shall be signed by the contractor, the owner and the supervisor. The owner shall be firmly advised, when given such a permit, to enter into a water well drilling contract with the contractor and to provide the department of water preservation with a copy therefore to be held as reference in case of a dispute. 10. The technical specifications stated in the drilling permit issued by the Ministry are deemed to be an integral part of any contract made between the owner and the drilling contractor, even if they are not specifically mentioned in the contract.
Schedule – Agreement between well contractor and land owner – See Appendix III, page 378.
VIII - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 11. An applicant issued with a Well Permit for any of the activities mentioned in Article (8) of this regulation shall deposit with the Authorised Ministry a guarantee of R.O. 100 for a dug well or R.O. 200 for a borehole. 198 Preparing national regulations for water resources management
12. The Well Permit is valid only for one well and for the specific site and purpose specified in the Well Permit. The Well Permit is valid for a period of six months from the date of issue.
15. When stipulated in the Well Permit, a Permit holder shall purchase and install a Flow Meter on his well to measure the quantity of water discharged. Alternatively, the Authorised Ministry may purchase and install a Flow Meter on the well. The Permit holder shall preserve the Flow Meter in good working order.
16. On completion of any work mentioned in Article (8) of this regulation, the Permit holder shall register his well at the Authorised Ministry and provide the required information within an utmost period of 15 days from the date of work completion, When the Authorised Ministry is satisfied that the conditions in the permit have been complied with and that complete and correct information has been supplied, the Ministry shall refund the Permit holder's deposit and issue a Well Registration Certificate and Well Registration Plate.
IX - KENYA - The Water Act, 2002 Fourth schedule - Abstraction of ground water 3. Submission of records. A person constructing a well, if required to keep records under this Part, shall, within one month of the cessation of the construction, send to the Authority -- (a) a complete copy of the record, together with the specimens referred to in the record; and (b) particulars of any test made, before such cessation of the construction, of the yield of water, specifying (i) the rate of flow throughout the test and the duration of the test; and (ii) where practicable, the water levels during the test and thereafter until the water has returned to its natural level; and (c) a statement of whether, in his Opinion (as determined by tasting) the water is suitable for drinking or is highly mineralized, as the case may be; and (d) if required by the Authority, such water samples as it may consider necessary.
4. Tests on neighbouring wells. (1) Where any well is being constructed within eight hundred metres of an existing well, the Authority may by notice require the person constructing the well to apply tests, to be specified in the notice, to the existing well and to supply to the Authority the particulars of the results of such tests including the rate of pumping and rest levels of water. (2) Where the well to which the tests are to be applied is situated on the property of a person other than the person constructing the well and the person constructing the well is unable for any reason to apply the test, the Authority may, by notice, require the person upon whose property the existing well is situate to apply the tests to be specified in the notice to him, and to supply to the Authority the particulars of the results of such tests. Preparing national regulations for water resources management 199
6. Records may be required to be treated as confidential. A person constructing a wel1 or the owner or occupier of the land on which construction takes place may give notice to the Authority requesting that -- (a) any copy of, or extract from, the record required to be kept under this Act; or (b) any specimen taken or any other particulars connected with the well, be treated confidentially. (2) In response to such a notice, the Authority shall, if sufficient cause has been shown, thereupon not allow such copy, extract, specimen or other particulars, except in so far as it contains or affords information as to water resources or supplies, to be published or shown to any person other than a member of the Authority without the consent of the person giving the notice: Provided that, if at any time the Authority gives notice to the person that, in its opinion, his consent is unreasonably withheld (i) the person may, within three months after the notice given by the Authority, appeal to the Water Appeal Board; and (ii) if, at the expiration of that period, no such appeal has been made or, after hearing the appeal, the Water Appeal Board does not make an order restraining it from doing so, the Authority may proceed as if such consent had been given.
7. Waste of ground water. (1) No person shall, except with the written permission of the Authority (a) cause any ground water to run to waste from any well, except for ,he purpose of testing the extent or quality of the supply or cleaning, sterilizing, examining or repairing the well; (b) abstract from any well water in excess of his reasonable requirements and which he cannot use in a reasonable and beneficial manner; (c) conduct the water from any well through any channel or conduit so that more than twenty per cent of the water is' lost between the point of appropriation and the point of beneficial use: Provided that, where the water from any well is conducted through channels or conduits together with water from other sources, no person shall permit the waste of more than twenty per cent of the water in conducting the water from the point of appropriation of the well water to the point of beneficial use; (d) use any water from any well for the purpose of domestic use or the watering of stock, except where such water is carried through pipes fitted with float valves or other satisfactory means of control, to prevent waste: Provided that, where ground water interferes or threatens to interfere with the execution or operation of underground works, whether water works or not, the Authority may, in any particular case, by notice permit such water to waste upon such conditions, regarding quantity and method of disposal, as the notice may specify. 8. Defective wells. (1) Any well which encounters salt water, in this Part referred to as a "defective well", shall be securely cased, plugged or sealed off by the owner of the well, so that the salt water is confined to the strata in which it was found, and such casing, plugging or sealing shall be done in such a manner as effectively to prevent the salt water from escaping from the strata in which it was found into any other water-bearing strata or on to the surface of the ground. 200 Preparing national regulations for water resources management
(2) This paragraph shall apply to wells constructed before or after the commencement of this paragraph.
9. Interference with defective well. Any person who re-cases or removes the plugs or seals from a defective well, or deposits, or causes or knowingly permits the deposit of, any dirt, rubbish or other material in any such well, except with the written permission of the Authority, shall be guilty of an offence.
10. Application to carry out work on a defective well. (1) Before any defective well is re-cased or the plugs or removed, the owner of the well, or his duly authorized representative, shall file with the Authority an application for permission to carry out such re-casing or the removal of the plugs or seals. (2) The application shall contain such information as the Authority may require in relation to (a) the name and address of the owner of the well; (b) its location, depth and size; (c) the amount and location of casing or sealing in the well; (d) the distance below the surface of the ground to the water level in the well; (e) the strata penetrated; (f) the distance from the surface of the ground to the top of the salt water stratum and the thickness of the salt water stratum; and (g) any other matter specified by the authority in respect of the well. (3) The application shall also state the methods proposed for re-casing, re-plugging or resealing of the well.
11. Instructions to deal with defective well. The Authority, after consideration of any application under paragraph 10, may call for additional data, and may make such investigation as it considers necessary, and if the well is found to contain salt water, shall by order give instructions to the applicant, specifying (a) the work that shall be done by the owner to place it in a satisfactory condition; and (b) the time that shall be allowed to complete the work. and may inspect such work while it is in progress.
12. Authority may inspect well. The Authority may on its own initiative, or upon information or complaint from any source, make an examination of any well suspected of containing salt water, and may by order issue instructions for curing any defects in the well.
13. Sworn statement to be submitted. (1) Upon completion of the works in pursuance of any instructions issued under this schedule- (a) the contractor who carries out the work; or (b) if the work is done without a contractor, the owner of the well, shall file with the Authority a statement sworn or affirmed specifying in detail the manner in which such work was done. Preparing national regulations for water resources management 201
(2) The statement shall be filed within thirty days after the completion of the work.
14. Additional work on defective well. (1) Upon receipt of a statement under paragraph 13, the Authority shall determine, either from the statement or from inspection or test, whether the work has been satisfactorily performed. (2) If the Authority determines that the work has not been satisfactorily performed, it shall by order issue additional instructions specifying the additional work required to place the well in a satisfactory condition, and specifying the time for the completion of such additional work. (3) Upon the completion of such additional work, a statement sworn or affirmed shall be filed with the Authority as provided for in paragraph 13.
15. Contamination and pollution of ground water. Every person abstracting ground water by means of a well shall, in order to prevent contamination or pollution of the water (a) effectively seal off to a sufficient depth any contaminated or polluted surface or shallow water in rock openings or soft broken ground; (b) effectively seal the top of the well between the surface casing and the internal pump column, and the suction or discharge pipe; (c) dispose of all return or waste water by means other than by return to the well; (d) extend the well casing to a point not less than twenty centimetres above the elevation of the finished pump house or pump pit floor; (e) use either welded or screw type well joints on the casing, if made of metal; (f) dispose of effluents or drainage from any household, stable, factory, trade premises or other premises in such a manner as will prevent any such effluent or drainage from reaching such seal or ground water; and (g) carry out such other work as the Authority may by order direct, from time to time, for the prevention of contamination or pollution.
16. Authority may order special measures to safeguard ground water resources. If -- (a) during the construction of a well, water is encountered in an aquifer; and (b) water from a water table or lower aquifer tends to flow from the upper aquifer to the lower aquifer; and (c) in the opinion of the Authority this is likely to prove detrimental to the ground water resources of the area, the Authority may order what special measures shall be taken by the owner of the well so that the water from the higher aquifer cannot flow to the lower aquifer.
X - CANADA – ALBERTA - Water (Ministerial) Regulations n. 205/98 70. (1) If an approval referred to in this Regulation is cancelled or suspended under the Act, the Director may refuse to issue another approval to the same person unless that person provides security in accordance with this section. (2) The Director may by notice require an approval holder who has provided security under subsection (1) to provide additional security within the time period specified in the notice. 202 Preparing national regulations for water resources management
(3) Security must be in an amount determined by the Director to be sufficient to ensure compliance by the approval holder with the Act, this Regulation, the regulations under the Environmental Protection and Enhancement Act and the approval, but in no case may the Director require security in an amount exceeding $100 000. (4) An approval holder must immediately notify the Director of any material change in the approval holder's financial condition or operations which might affect the amount of security required. (5) Security must be in one or more of the following forms as required by the Director: (a) cash; (b) cheques and other similar negotiable instruments payable to the Minister of Finance; (c) government guaranteed bonds, debentures, term deposits, certificates of deposit, trust certificates or investment certificates assigned to the Minister of Finance; (d) irrevocable letters of credit, irrevocable letters of guarantee, performance bonds or surety bonds, in a form acceptable to the Director; (e) any other form that is acceptable to the Director.
XI - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 11. Records and samples The holder of a Drilling Licence engaged in any operation or work pursuant to Drilling Licence shall - (a) keep records in accordance with a form approved by the Controller; and (b) keep representative samples of – (i) approximately 250 grams weight taken of each change of strata observed in the bore, and in any case samples of strata at intervals not exceeding 3 metres, such samples to be secured in a clean bag, 10cm x 15cm in size manufactured of plastic at least 0.1mm thick or in a bag not less than that size and at least the same strength, clearly marked so as to identify the bore and the depth at which the sample was taken; and (ii) not less than 1 litre volume of each water cut in the bore preserved in a clean bottle, completely filled and tightly stoppered or sealed and clearly marked so as to identify the bore and the depth at which the sample was taken.
XII - CANADA – NEW BRUNSWICK – Water Well Regulation n. 90/79 32. Evaluation of well yield (1) No well driller shall complete the construction of a well without performing an adequate test to determine the rate of yield of the well, which shall be carried out in accordance with the water well construction and testing procedures determined by the Minister. (2) If a well is intended to supply water as part of a public water supply, testing of the well shall be carried out in accordance with the requirements of the Minister, which may include construction of observation wells for proper measurement of the well and aquifer properties. Preparing national regulations for water resources management 203
(3) The minimum requirements for the testing of public water supply wells include a development period, a stage drawdown test and a constant rate test, all including water level measurements in the well and in at least one observation well, which measurements shall be continued after pumping has stopped until such time as the recovery curve can be identified. (4) If a well is intended to supply water for any purpose other than that described in subsection (2) to meet a demand in excess of fifty cubic metres per day, a pumping test of not less than twenty-four hours duration shall be conducted. (5) If a well is intended solely to supply water for household purposes to not more than one single family dwelling unit or to produce not more than fifty cubic metres of water per day, a yield test of not less than one hour duration shall be carried out in accordance with the water well construction and testing procedures determined by the Minister. (6) Water level measurements shall be made before, during and after the pumping test and sufficient measurements of water levels shall be made immediately after pumping stops to establish the recovery curve.
3.4 Management of Permits
The conceptual meaning and scope of this heading have been expounded in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS, sub-chapter 4. Subsidiary groundwater management legislation may provide standard procedural and substantive requirements of permit management mechanisms (i.e. renewal of permits (I and III), and variation and termination of permits (II–V)).
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 8. A licence to abstract groundwater, other than a licence of right, shall be valid for one year from the date of the grant, and may be renewed in accordance with the provisions of regulation 5 of these regulations1. … 10. (1) The holder of a licence under the Law may apply to the Authority to terminate the licence, and on such application the Authority shall terminate the licence accordingly, subject to such terms and conditions as they think fit. ... (3)Without prejudice to the applications of regulations 6 to 9 of these regulations in relation to the termination or variation of a licence on application of the relevant holder, the Authority shall cause an entry to be made in the General Register of Groundwater Abstraction Licences in relation to any action taken in pursuance of section 20 of the Law1.
1 See sub-chapter 4 below, example III. 204 Preparing national regulations for water resources management
III - CANADA – NEW BRUNSWICK – Water Well Regulation n. 90/79 8. (1) A well contractor’s permit or a well driller’s permit expires at the end of the calendar year for which it was issued. (2) The Minister may renew a well contractor’s permit if the holder of the permit makes an application to the Minister in a form provided by the Minister and pays a fee of three hundred dollars. …
9. (1) The Minister may suspend or cancel a well contractor’s permit or a well driller’s permit if the holder of the permit violates or fails to comply with any provision of the Act or this Regulation. (2) The Minister may reinstate a well contractor’s permit or a well driller’s permit that has been suspended or cancelled under subsection (1) upon such terms and conditions as the Minister may require.
10. The Minister may refuse to renew a well contractor’s permit or a well driller’s permit that has been cancelled during the year immediately preceding the year of the application for renewal.
IV - JAMAICA - Water resources regulations, 1995 18. Consent for well-drilling … (4) A consent granted pursuant to paragraph (2) may be suspended or revoked – (a) at the request in writing of the person to whom the consent was given; or (b) by the Authority by notice in writing addressed to that person, for breach of any requirements of the Act or these Regulations relating to the consent or for the breach of any of the conditions subject to which the consent was granted. (5) Before suspending or revoking its consent under sub-paragraph (b) of paragraph (4) the Authority shall serve on the person to whom the consent was granted a notice in writing (a) specifying the breach on which the Authority relies and requiring him to remedy it (if it is capable of remedy) within such time as may be specified in the notice; and (b) informing him that he may apply to the Authority to be heard on the matter within such time as may be specified in the notice.
V – UGANDA - Water Resources Regulations, 1998 Part IV - Drilling and Construction Permits 21. Cancellation of permit The Director may cancel any permit issued under this part where the holder of the permit, (a) fails to comply with any provision of these regulations or any conditions attached to the permit; (b) fails to provide any information required to be provided to the Director or fails to provide the information in the prescribed form; (c) is charged of an offence under the Statute or these regulations.
1 Section 20 of the Water Authority Law, 1982 empowers the Water Authority to "terminate, vary or diminish" a groundwater abstraction licence at the request of the licensee. Preparing national regulations for water resources management 205 4. DEALING WITH "EXISTING" WELLS
The issue of dealing with "existing" wells is conceptually akin to the issue of dealing with "existing" water uses reviewed in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS - in fact, a production well can be regarded as an "existing" groundwater use. The issue of "existing" wells arises generally in connection with, and as a result of, the designation of zones or areas for the introduction of regulatory groundwater management controls and, in particular, of groundwater exploration and abstraction permits (see in this regard sub-chapter 6 herebelow). Under these circumstances, or also when permit requirements are instituted nation-wide, relief is made available to enable the continued functioning of wells in operation, under the guise of requirements that existing wells be registered or notified within a given deadline, or under the guise of the entitlement of eligible wells to the grant of a permit as a matter of right, or also by automatic conversion of old permits to new permits (IV). Subsidiary legislation provides complementary procedural as well as substantive requirements in connection with registration requirements (I and V), and with the entitlement to a permit as a matter of right (II and III).
I - PHILIPPINES - Water Rules and Regulations 25. It shall be registered with the Council within two years from the declaration otherwise any claim to a right on a well is considered waived and use of water therefrom shall be allowed only after a water permit is secured in accordance with Rule 1 hereof1.
II - SOUTH AFRICA - Regulations in Respect of Subterranean Water Control Areas, 1963 2. Any person who at the date of promulgation of these regulations or, as the case may be, at the date on which these regulations become applicable to an area, abstracts or uses subterranean water from a borehole or well or natural spring situate within such area shall, within three months of the date on which these regulations are made applicable to such area, in writing, communicate to the secretary, giving: (i) his name, permanent address and a description indicating the name of the property, the number and date of the title deed and the extent of the land upon which the borehole or well or natural spring is situated and a plan showing their situation;
1 Rule 1 of the Water Rules and Regulations lists the instances under which a permit from the government water resources administration is required. 206 Preparing national regulations for water resources management
(ii) (a) the tested yield in gallons per hour of a spring or well or borehole, which flows naturally; and (b) the tested maximum yield in gallons per hour, as determined by a pumping test, of a non-flowing borehole or well or a flowing borehole or well where such borehole or well has been so tested; Provided that the dates of such tests, particulars of the pumping plant and, where the natural flow or pumped yield has been determined more than once, the relevant data for each such test shall be furnished; (iii) here a pumping installation has been erected over a borehole or well, the quantity of water which such installation is capable of abstracting per hour; (iv)the extent of land which was irrigated annually by means of water from the borehole or well or natural spring and any other purposes for which the water has been or is to be used and shall in addition, if required by the secretary, furnish any other particulars which he may specify; (v) the maximum quantity of water which is abstracted and beneficially used per day, per month and per year. 3. Any such person referred to in regulation 2 who is beneficially and lawfully using subterranean water from a borehole or well or natural spring shall, after the particulars mentioned in regulation 2 have been communicated to the secretary, be entitled to a permit to be issued by the Minister on such conditions as he may deem fit to impose, to enable him to continue to use the quantity of water determined by the Minister at his discretion, and specified in the permit.
III - CAYMAN ISLANDS - Water Authority Regulations, 1985 3. (1) On receipt of an application for a licence of right which has been filed within the prescribed deadline the Authority shall send to the applicant an acknowledgement in writing. (2) Within a period ending not later than six months after the coming into effect of these Regulations, the Authority shall notify the applicant in writing of the conditions subject to which they intend to grant a licence. In pursuance of sub-section (a) of section 11 of the Law, the Authority shall allow 14 days for the applicant to make representation in writing to the Authority, as to the rate and quantity of water which they intend to licence. (3) If, at the end of the 14 day period provided for in sub-section 3(2), no representation has been made to the Authority, or, if a representation has been made within the fourteen day period beginning on the date of issue by the Authority of the instrument of notification, the Authority shall issue a licence of right in the form set out in Schedule 1 to these Regulations, taking due account of any representation as it considers fit and shall notify the applicant accordingly. (4) The expressions "prescribed deadline" in sub-section 3(1) shall mean the 15th day of September 1983, or such later date as the Authority may determine.
1 Omitted. 2 Omitted. 3 See paragraph 3.1 The granting of permits above, Step One – The filing of an application under the heading Activities for which an application needs to be filed. Preparing national regulations for water resources management 207
4. The notice of a licence of right shall indicate the fee to be paid to the Authority, which shall be as prescribed in Schedule 2 to these Regulations1. The prescribed fee shall be paid no later than fourteen days from the date of notification by the Authority of the grant of the licence, and in any case prior to the collection of the licence document from the Authority's offices. Provided that if the prescribed fee and the prescribed surcharge have not been paid after a period of three months from the date of grant of the licence, this will be rescinded and the entitlement under section 10 of the Law will be forfeited.
5. (1) Licences of right shall be valid for a period of two years, beginning from the date of issue, and can be renewed at the discretion of the Authority upon a written request to be filed with them not later than two months prior to expiration. Such requests shall be accompanied by the appropriate licence renewal fee prescribed in Schedule 2 to these Regulations2. Failure of the licence holder to file for the renewal of his licence within this period will result in the relevant application being entertained by the Authority as though it was an application for a new abstraction licence, or, if no application has been filed prior to the expiration date of the licence, in the termination thereof. The Authority is entitled to issue licence expiration date reminder notices to licence holders. (2) Upon receiving an application for the renewal of a licence of right, the Authority shall notify in writing the applicant that: (a) the application is granted; or (b) the application is granted subject to the licence being varied by: (i) the amendment of any one or more of the terms or conditions; or (ii) the revocation of any one or more of the terms or conditions; or (iii) the addition of one or more terms or conditions; or (iv) a combination of two or more of the foregoing methods of variations; or (c) the application is refused.
IV - CANADA – ALBERTA - Water (Ministerial) Regulations No. 205/98 73. Water wells transitional An approval to drill water wells that was issued under the Environmental Protection and Enhancement Act and that is in effect on the coming into force of this section is deemed to be an approval issued under the [Water] Act and this Regulation, and the class3 of the approval is the class that is designated in the approval.
V - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits Chapter II: Registration of Existing Wells 2. After the issuance of this regulation, all persons claiming ownership of existing water wells, whether used, unused or abandoned, should apply to the Authorised Ministry, through their Wali's office, for registration of their well or wells on the form prepared for this purpose before the end of Thi AI Hija, 1410 H (July 1990).
3. The Authorised Ministry shall issue a Well Registration Receipt to the well owners who apply during the period specified in Article (2) of this Regulation. 208 Preparing national regulations for water resources management
At a later date, the information concerning the well will be verified at the site by Official Staff from the Ministry. Following satisfactory verification, the Well Owner will be issued with a Well Registration Certificate confirming his ownership of the well, and a Well Registration Plate. The registration plate shall be clearly displayed beside the well in an appropriate position and shall, be preserved in good condition by the Well Owner. If the plate is lost or becomes illegible, the well owner shall inform the Authorised Ministry.
4. Any well not registered during the specified period will be considered to be illegal and the Authorised Ministry may order the owner to backfill the well at his own expense.
5. The Authorised Ministry shall specify the permissible water quantity discharged from any well or instruct a registered Well Owner to install a Flow Meter on his well to measure the quantity of water discharged, or may itself install a Flow Meter on the well. The Well Owner will preserve the Flow Meter in good working order.
6. The Well Owner shall facilitate access to his well for Official Staff at any reasonable time to inspect, sample, or carry out measurements or tests on his well and shall also provide Official Staff with the available information and data concerning the well.
5. LICENSING OF WELL DRILLERS
As most borehole digging or drilling and well construction is done nowadays on a commercial basis, the exercise of such activity has been increasingly attracted into the scope of regulatory groundwater management legislation. This is typically exemplified by legislation subjecting commercial well digging or drilling to registration or licensing requirements, as in the examples given below. In this connection, subsidiary legislation provides the procedural and substantive details of implementation of a registration or licensing mechanism, as illustrated below. Preparing national regulations for water resources management 209
I - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 17. As from the date of publishing this regulation in the Official Gazette, no well construction, development, maintenance, modification, yield testing or pump installation on boreholes, shall be carried out except by a Contractor registered at the Authorised Ministry.
18. Those who are exempted from the rules of Article (13)1 of this regulation are exempted from the rules of Article (17).
19. Contractors who intend to engage in the business of well construction, development, modification, maintenance, or yield testing, shall register at the Authorised Ministry on the forms provided for that purpose.
20. A registration request may be for work in one or more of the following activities: A) Construction, development, deepening, modification, maintenance, or yield testing of dug wells. B) Construction, development, deepening, modification, maintenance, pump installation, or yield testing of boreholes. C) Such other activities as may be decided by the Authorised Ministry from time to time.
21. The Ministry may classify Contractors in categories according to the technical capacities and the qualifications of their personnel. The Ministry may add other activities related to water wells, that necessitate those who are intending to engage in these activities to register at this Ministry.
II - CANADA – NEW BRUNSWICK – Water Well Regulation n. 90/79 4. A person who (a) engages in the business of well-drilling, (b) undertakes the boring, drilling, digging or redrilling of a well on lands of which that person is not the owner or lessee, or (c) undertakes an operation incidental to the reconditioning or abandonment of a well on lands of which that person is not the owner or lessee shall obtain a well contractor’s permit.
5.1 Granting of Licences or Registering as a Well Driller
In step-wise fashion, the following aspects of the well drillers' licensing or registration process are typically provided for by subsidiary groundwater management legislation:
1 See paragraph 3.1 The granting of permits above, Step One – Filing of an application, under the heading Pre-requisites to the filing of applications. 210 Preparing national regulations for water resources management Step One - Applying to be registered as a driller or for a driller's licence
Formats for registration or licence applications are usually standardized and appended as "forms" to subsidiary legislation for the convenience of prospective applicants. Available Forms of varying complexity centre on the applicant's record of past experience as a driller and on the kind of equipment in use (III and IV). Minimum pre-requisites which applicants must meet may be also be prescribed by subsidiary legislation (I, II and V). Applications may be re-submitted upon rejection, if the missing conditions are fulfilled (VI).
I - PHILIPPINES - Water Rules and Regulations 41. No person shall be permitted to undertake well drilling work unless he is duly registered with the Council as a well driller. No person shall be registered by the Council as a well driller unless he has at least any of the following qualifications: (a) Graduation from high school with three (3) years experience in well drilling work duly certified by another well driller registered with the Council; or (b) A holder of a bachelor's degree in geology or engineering with one (1) year experience in actual drilling work.
II - CANADA – NEW BRUNSWICK – Water Well Regulation n. 90/79 6. (1) A person who operates a machine for the purpose of drilling, altering or repairing a well shall obtain a well driller’s permit. (2) Subsection (1) does not apply to a helper.
7. The Minister may issue a well driller’s permit to a person who (a) is the holder of a valid certificate of qualification in the water well driller trade issued under the Apprenticeship and Occupational Certification Act or was the holder of a valid well driller’s permit issued under the Water Well Regulation - Clean Environment Act, being New Brunswick Regulation 83-125 under the Clean Environment Act, immediately before the commencement of this section, (b) applies to the Minister in a form provided by the Minister, and (c) pays a fee of one hundred dollars.
III - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 Schedule - Form 16 - Application for drilling licence – See Appendix III, page 380.
IV - JAMAICA - Water resources regulations, 1995 19. Well-driller's licence (1) An application for a well-driller's licence required under section 35 of the Act may be made to the Authority in the form set out as Form E in the Schedule and shall be accompanied by such documents or information as the Authority may require and by the relevant fee. … Preparing national regulations for water resources management 211
Schedule - Form E - Application for well-driller’s licence – See Appendix III, page 382.
V - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations. 2. Anyone intending to practice drilling work is required to obtain a license from the Ministry by submitting an application, together with supporting evidence that he has the necessary manpower and experts, in addition to the availability of drilling equipment. This application shall be made on forms issued by the Ministry's branch offices, supported by work cards or agreements certified by Saudi Embassies, or by any other certified documents required by the Ministry.
VI - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 22. The Authorised Ministry may refuse the registration or re-registration of any contractor, on grounds to be stated. In case of a refusal not resulting from Article (35)1, the contractor may submit a new application fulfilling the refusal justifications. The contractor whose registration is refused after he has satisfied the objections which led to the refusal may appeal to the Authorised Minister within one month from date of being refused registration. The Authorised Minister's decision is final.
Step Two - Review of applications
The review process of applications centres on the applicant's professional competency and soundness as a business (II and III), and special examination requirements may be prescribed in this regard (I).
I - AUSTRALIA – VICTORIA - Water (Application Fees) Regulations, 1991 8. Driller's licences … (2) Any applicant for a Driller's Licence may be required to undergo an oral, written or practical test with respect to: (a) drilling and bore construction method and techniques; and (b) water well practice; and (c) an understanding of the relevant parts of the Act and Regulations: at a time and place to be determined by the Driller's Licensing Board.
(3) A Driller's Licence must not be issued to any person under the age of eighteen years.
1 See under Sub-chapter 8. ENSURING COMPLIANCE WITH THE LAW. 212 Preparing national regulations for water resources management
II - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations. 4. Drilling Contractors will be judged according to the following criteria: A- Technical qualifications. B- Administrative qualifications. C- financial resources.
III – UGANDA - Water Resources Regulations, 1998 18. Factors to be taken into account when considering an application … (2) The Director shall, before approving the application under regulation 16, have regard or take into account, among other things, (a) whether the applicant has adequate equipment which is in good condition to enable such applicant undertake the work in respect of which the application is made; (b) whether the applicant has at least two employees on a permanent basis who possess technical qualifications which are necessary for the applicant to undertake the work in respect of which the application is made; (c) the previous experience of the applicant with respect to similar work; (d) the professional reputation of the applicant; (e) the results of any inspection carried out under the provisions of paragraph (a) of subregulation (1) of this regulation. (3) The Director may, after the provisions of subregulations (1) and (2) of this regulation have been complied with, approve the application.
Step Three - Formatting of licences
Standard "Forms" of driller's licences can be provided by subsidiary legislation for the convenience of government administrators (I and III–V). Terms and conditions usually qualify the rights accruing under the licence. Relevant determinations are left to the discretion of the licensing government authority, subject sometimes to standard specifications laid down in subsidiary legislation (II).
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 Schedule 1 - Well Driller's Licence - See Appendix III, page 383.
II - AUSTRALIA - SOUTH AUSTRALIA - Water Resources Regulations, 1997 17. Conditions on well drillers' licences The following conditions are prescribed under section 22(3) of the Act in relation to well drillers' licences: Preparing national regulations for water resources management 213
(a) the licensee must keep such records as the Minister directs in such manner and for such period as he or she directs; (b) the licensee must, at the direction of the Minister or an authorised officer, produce records referred to in paragraph (a) to the Minister or the authorised officer for inspection or copying; (c) the licensee must, at the direction of the Minister or an authorised officer, take samples of water or other material from a well being drilled by the licensee and must submit the samples to the Minister or the authorised officer for inspection and analysis; (d) the licensee must comply with directions given by the Minister in relation to the drilling, plugging, backfilling or sealing of a well or to the repair, replacement or alteration of the casing, lining or screen of a well if those directions are given to the licensee by the Minister or published in the Gazette; (e) the licensee must comply with the permit authorising the work that he or she is performing.
III - JAMAICA - Water resources regulations, 1995 19. Well-drilIer's licence … (2) The Authority may, subject to such terms and conditions as it thinks fit, grant a well-driller's licence or refuse to grant it but shall grant such a licence if it is satisfied that the applicant has the requisite professional qualification. (3) A licence granted under paragraph (2) shall be in the form set out as Form F in the Schedule. (4) If the Authority refuses to grant a well-driller's licence. it shall state in writing the reasons for its decision and inform the applicant of his right under the Act to appeal against the decision.
Schedule – Form F – Well-driller’s licence – See Appendix III, page 383.
IV – UGANDA - Water Resources Regulations, 1998 19. Grant of permit etc. (1) The Director shall, after approving the application under subregulation (3) of regulation 18 grant a drilling permit … for a period of one year. (2) The permit referred to under subregulation (1) of this regulation shall in Form F2 … as set out in the Sixth Schedule and be issued on such conditions as the Committee may specify.
Sixth schedule – Form F2 – Drilling permit – See Appendix III, page 384.
V - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 Form 17 – Drilling Licence – See Appendix III, page 385. 214 Preparing national regulations for water resources management Step Four - Recording of licences
Prescriptions of subsidiary legislation in this regard may concern the duty of government administrators to record well driller's licences and action taken on them after their grant, and to form and maintain permanent records of such licences, styled "registers". Provisions on the contents of, and access to, such registers may complement the above-mentioned obligations.
CAYMAN ISLANDS - Water Authority Regulations, 1985 28. ... (3) Upon satisfactory evidence of the applicant's qualifications supplied with an application, the Authority shall grant a licence, and shall cause an entry to that effect to be made in the General Register of the Water Operators' Licences. ... (8) The Authority shall cause an entry to be made in the General Register of Water Operators' Licences in relation to any action taken in pursuance of section 40 of the Law1.
31. (1) The Authority shall keep, in such manner as they deem fit, a General Register of Water Operator's Licences, which shall contain a copy of all licences granted in pursuance of this Part of the regulations, and information concerning any action taken by the Authority in relation to such licences after the grant thereof.
(2) The public shall have access to this register, and extracts thereof shall be obtainable from the Authority, in accordance with sub-section (2) of regulation 12 of these regulations2.
5.2 Management of Licences
The meaning and scope of the concept of "management" of permits in general has been illustrated in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS, sub-chapter 4. It is standard practice reflected in principal legislation to provide for the renewal, suspension or cancellation of a well driller's licence (or registration) under given circumstances. Subordinate legislation may provide complementary procedural and substantive details of implementation, as illustrated by the examples below.
1 Concerning revocation of a well driller's licence. 2 See sub-chapter 3.1 above, Step Four - Recording of decisions and permits, example III. Preparing national regulations for water resources management 215
I - CAYMAN ISLANDS - Water Authority Regulations, 1985 28. ... (5) Licences granted under this Part of the regulations shall be valid for a period of one year from the date of the grant, and can be renewed in accordance with regulation 5 of these regulations1, subject to payment of the appropriate fee as prescribed in Schedule 2 to these regulations2. (6) Where the Authority intend to take action in pursuance of section 40 of the Law3, they shall serve on the holder of a licence notice in writing calling upon him to show cause why his licence should not be revoked, if within 14 days from the date the notice was served, the holder of the licence fails to submit to the Authority a statement in writing indicating the reasons why the licence should not be revoked, or fails to appear before the Director of the Authority within the said period, the licence shall be revoked forthwith. The Authority shall consider any written or oral statement submitted to them in pursuance of this sub-section, and may thereafter by notice in writing addressed to the holder of the licence: (a) declare the licence revoked, or (b) declare the licence unchanged.
II - CANADA – NEW BRUNSWICK – Water Well Regulation n. 90/79 8. (1) A well contractor’s permit or a well driller’s permit expires at the end of the calendar year for which it was issued. … (3) The Minister may renew a well driller’s permit if the holder of the permit makes an application to the Minister in a form provided by the Minister and pays a fee of one hundred dollars.
9. (1) The Minister may suspend or cancel a well contractor’s permit or a well driller’s permit if the holder of the permit violates or fails to comply with any provision of the Act or this Regulation. (2) The Minister may reinstate a well contractor’s permit or a well driller’s permit that has been suspended or cancelled under subsection (1) upon such terms and conditions as the Minister may require.
10. The Minister may refuse to renew a well contractor’s permit or a well driller’s permit that has been cancelled during the year immediately preceding the year of the application for renewal.
III - JAMAICA - Water resources regulations, 1995 20. Revocation of a well-drilIer's licence (1) A well-driller's licence may be suspended or revoked (a) at the request of the holder of the licence; or (b) by the Authority by notice in writing addressed to that person on account of a breach of any provisions of the Act or these Regulations relating to the sinking of wells or of any of the terms and conditions subject to which the licence was granted.
1 See sub-chapter 4 above, example III. 2 Omitted. 3 Concerning revocation of a well driller's licence. 216 Preparing national regulations for water resources management
(2) Before suspending or revoking the licence of a well-driller under sub-paragraph (b) of paragraph (1), the Authority shall serve on him a notice in writing (a) specifying the breach on which the Authority relies and requiring him to remedy it (if it is capable of remedy) within such time as may be specified in the notice; and (b) informing him that he may apply to the Authority to be heard on the matter within such time as may be specified in the notice.
21. Renewal of a well-drilIer's licence The provisions of regulation 8 shall apply, mutatis mutandis, in respect of the renewal of a well-drilIer's licence as they apply in respect of the renewal of a licence to abstract and use water.
IV - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 23. Registration of a contractor shall be valid for one year, and subject to renewal if the contractor complies with the conditions of registration.
6. ZONING OF GROUNDWATER AREAS
General water resources legislation or specific groundwater management legislation may provide a zoning mechanism for the protection of groundwater resources from overexploitation and depletion, and from pollution. Zoning in connection with the latter is dealt with in Chapter II on PREVENTION AND CONTROL OF WATER POLLUTION, sub- chapter 5. As a result, this Chapter will focus on zoning mechanisms for the protection of groundwater resources in general from overexploitation and depletion. In the essence, zoning in this particular connection results in a number of regulatory restrictions to the digging or drilling of wells and pumping of groundwater. Subordinate legislation spells out the nature and extent of prescribed restrictions, and provides the procedural and substantive details of attendant requirements, as illustrated in the example II given in sub-chapter 4.
7. ARTIFICIAL RECHARGE OF GROUNDWATER SUPPLIES
The artificial recharge of groundwater supplies may be regulated through a permit mechanism akin in form and substance to the permit mechanism for groundwater exploration and abstraction reviewed in sub-chapter 2 above. Preparing national regulations for water resources management 217 Subsidiary legislation however may add further procedural specifications tailored to the particular nature of the activity involved, as illustrated in the examples below.
I - PHILIPPINES - Water Rules and Regulations 1. ... In the following instances the granting of permit/authority required under the provisions of P.D. 1067, is delegated by the Council to the corresponding agencies indicated and permit/authority pertaining to any of these instances shall be secured from the agency delegated: ... (c) Recharging ground water supplies - National Pollution Control Commission. Whenever necessary the Council may exercise any of the above delegated authorities.
II - UNITED KINGDOM - The Groundwater Regulations, 1998 6. Artificial recharges for the purposes of groundwater management Artificial recharges may be authorised on a case by case basis for the purpose of groundwater management notwithstanding regulations 4 and 51, but such authorisation shall only be granted if there is no risk of polluting groundwater.
8. ENSURING COMPLIANCE WITH THE LAW
Holders of permits to dig or drill a borehole or to construct a well to search for or extract groundwater, and holders of a well driller's licence or registration are subject to obligations stemming from the permit, licence or registration, and to obligations of general import laid down in the legislation. The general public is also subject to the fundamental obligation to refrain from undertaking digging or drilling and well construction activities unless a permit is first obtained from the responsible government department or agency. It is standard practice for legislation to deter non-compliance with these various obligations by declaring violations an offence, and subjecting these to penalties ranging from fines to imprisonment. The role of subsidiary legislation in this regard is generally one of spelling out which violation attracts what kind and level of penalty. Offences and penalties can be directed at generic violations (II), or be fine-tuned to address specific instances of misbehaviour (I, IV and V). Permit or licence holders may be also penalized by having their permit or licence suspended or cancelled (V). In addition, an unlawful well may be ordered plugged or sealed (II and III). Subordinate legislation may also recite certain law enforcement powers -
1 These regulations prescribe measures to prevent the introduction of polluting substances into groundwater. 218 Preparing national regulations for water resources management typically, in connection with groundwater resources management, to enter and inspect private property, to take samples and to examine records which are required by law to be kept (IV to VI).
I - PHILIPPINES - Water Rules and Regulations 77. A fine of not more than Two Hundred (P200.00) Pesos and/or suspension of the permit/grant for a period of not more than sixty (60) days shall be imposed for any of the following violations: ... (b) unauthorized utilization of an existing well or ponding or spreading of water for recharging subterranean or ground water supplies; (c) appropriation of subterranean or ground water for domestic use by an overlying landowner without the registration when required by the Council; ...
79. A fine of more than Five Hundred (P500.00) Pesos but not exceeding One Thousand (P1,000) Pesos and/or revocation of the water permit/grant of any other right to the use of water shall be imposed for any of the following violations: (a) drilling of a well without permit or with expired permit; ...
II - PHILIPPINES - Water Rules and Regulations 82. In cases where the violator is not a permittee or grantee or has no right to use the water whatsoever, the Council through its deputies or authorized representatives shall cause the stoppage of the use of the water either by plugging or sealing of the well if the same involves ground water appropriation or demolition of the dam or hydraulic structures if the same involves surface water, without prejudice to the institution of a criminal/civil action as the facts and circumstances may warrant.
III - CANADA – NEW BRUNSWICK – Water Well Regulation n. 90/79 38. Orders (1) Where a well is or will not be located, spaced, constructed, altered, reconditioned, repaired, sealed, capped or abandoned in compliance with this Regulation, an inspector may order the person locating, spacing, constructing, altering, reconditioning, repairing, sealing, capping or abandoning the well or causing the work or activity to be done to cease and desist from such work or activity. (2) A person to whom an order is directed under subsection (1) shall comply with the order to the satisfaction of the inspector within the time specified in the order.
IV - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations. II - Registration & Licenses 5. The Minister, or anyone from the Ministry authorized by the Minister, has the right to enter upon any land or facility to inspect, survey, investigate, or obtain information about water. He may also make any measurements, as required by these Water Resources Preservation Regulations, after notifying the landowner or the tenant in advance. Preparing national regulations for water resources management 219
V - Violations And Penalties 17. Any drilling contractor who has no license to practice this business will be fined an amount not exceeding SR. 50,000; moreover, his drilling operations will be suspended unless he gets such a license. The fine will be increased to SR. 10D,000 for any further violation.
18. A Drilling Contractor holding an expired license will be fined SR. 25,000, and his operations will be suspended until he pays this fine and renews the validity of the license. The above fine will be doubled if the contractor practices his job on more than one occasion before he discovers his violation. A drilling contractor will be fined SR- 5,000, if he fails to provide the concerned Ministry Branch Office with a drilling inspection report within 15 days of the completion date, or if the Ministry discovers incorrect information, or if the contractor does not inform the Ministry of his job sites or of the movements of his equipment.
19. The drilling contractor and the well owner wil1 be fined SR. 25,000 each for any water well drilled without a Drilling Permit, or drilled with a permit that was previously used, and each of them will be suspended from working unless the fine is paid and a permit is obtained.
20. The Drilling Contractor and the well owner will be fined SR. 10,000 each if they drill a well with an expired permit and both will be suspended from working unless the fine is paid and the permit is renewed. 22. A- Should the farm owner develop a well situated on his own land without a permit, he will be fined SR. 5,000. B- If a farmer uses a Drilling Permit to drill at a location other than the one specified by the Ministry in the permit, or if he drills in a restricted formation, or in areas restricted by Royal Decrees, then he will be fined SR. 25,000. C- The drilling contractor and the farm owner will be fined SR. 10.000 each if they exceed the permitted depth and they shall bear the cost of seating such increased portion.
23. In the event of reiterated violations of Article 19 above the drilling license will be withdrawn for a period of not more than one year, and a fine of the same value shall be imposed on the owner of the farm.
24. The owner of the well and the drilling contractor will be fined SR. 10,000 each if, when drilling a well, they disregard the relevant instructions concerning water preservation and aquifer mixing, and their operation shall be suspended until they have backfilled the well at their own expense.
25. The Ministry of Agriculture and Water shall have the right to take necessary and suitable action against anyone who drills a well without a permit and penalties therefor may include suspension of loans or subsidies or of the use of agricultural facilities and the acceptance of crops such as dates wheat etc., pending the removal of the reasons necessitating such penalties. 220 Preparing national regulations for water resources management
V - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 14. A Permit holder shall facilitate access to his well for Official Staff at any reasonable time to inspect, sample, or carry out measurements or tests on his well and shall also provide Official Staff with the available information and data concerning the well.
Chapter VI: Penalties 32. Without contradicting the rules of Articles (13) & (18) of this regulation, anyone who is working on the construction, deepening, modification, maintenance, for himself or others with or without payment, and is not registered at the Authorised Ministry shall be liable to a fine of R.O. 5000 for each well at each time.
33. Any Registered Contractor working on the construction, deepening, modification, maintenance, pump installation, or yield testing of a water well for which a valid Well Permit is not in force shall be liable to a fine of R.O, 3000 for the first offence, If the offence is repeated the penalty shall be doubled for each subsequent violation. In addition, the owner of the new well will be required to backfill the well or to restore the situation to its original condition if any of the offences mentioned in this Article have been committed. The execution cost will be borne by the well owner.
34. Any Registered Contractor working on the construction, deepening, modification, maintenance, or yield testing of a water well in violation of Articles (24) and (26) of this regulation shall make good the consequences of the violation at his own expense. If the offence is repeated, his registration at the Authorised Ministry may be cancelled.
VI – UGANDA - Water Resources Regulations, 1998 24. Access to data and plans (1) The holder of a drilling permit or construction permit and plans shall, at all reasonable times, allow a person authorised, in writing, by Director to do all or any of the following: (a) inspect any borehole constructed or being constructed under a permit issued under this Part; (b) inspect any construction works carried out or being carried out under a permit issued under this Part; (c) inspect and take copies of any plans or drawings of the works; (d) inspect and take copies of any written journal kept in accordance with paragraph (a) of this subregulation. (2) A person who obstructs or refuses the Director or a person authorised by the Director to carry out any of the duties specified in subregulation (I) of this regulation commits an offence and is liable, on conviction, to the penalty specified in section 40 or 104 of the Statute. IV. WATER RESOURCES DEVELOPMENT AND FLOOD CONTROL
See also chapters: I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS III. GROUNDWATER DEVELOPMENT AND CONSERVATION V. IRRIGATION WATER DEVELOPMENT
1. INTRODUCTION
As used in this Chapter, the concept of water resource development has regard to structural works intended (a) generally to harness the potential of a natural body of surface water for beneficial uses, and to bestow additional benefits in terms primarily of flood damage prevention; and (b) to protect life and property from flooding and flood damage. Projects for the development of underground water resources fall within the scope of Chapter III on GROUNDWATER DEVELOPMENT AND CONSERVATION.
Structural water development works range in typology from a simple weir or sluice placed on a river to divert water from it onto adjoining land to dams or other water retention or "impoundment" works, alone or in association with other "ancillary" works - first and foremost, irrigation canal networks and companion facilities (legislation concerning in particular the protection, operation and maintenance of irrigation works is separately presented in Chapter V on IRRIGATION WATER DEVELOPMENT). In view of the significance of the public health and safety aspects associated in particular with dam construction, operation and maintenance, and in view also of the significance of dams and other major water development structures to economic and social development and to the environment, relevant construction, operation and maintenance have long attracted the attention of lawmakers and have been subjected to regulatory controls. In particular, insofar as they are functionally associated with a beneficial use of the water resources they tap, structural water development works can be directly instrumental in operationalizing water utilization permits and water rights under them. Requirements specifically pertaining to such works may thus be found in general water utilization permit legislation, and operate in 222 Preparing national regulations for water resources management context with the process of granting such permit. Otherwise, regulatory control of dam and other waterworks construction is effected through independent permit or comparable project screening mechanisms. This Chapter will focus on requirements of an administrative nature, the technical standards and specifications of dam construction, operation and maintenance such as are found in Codes of engineering practice being outside the scope of this book. A related aspect of water resources development is the pooling of the resources - financial and otherwise - of concerned individuals in the form of water users' groups with a view to constructing, operating and maintaining surface water development works, most notably, irrigation development works. This particular aspect of the topic of this Chapter is presented in Chapter V on IRRIGATION WATER DEVELOPMENT, sub-chapter 3 on Water Users' Groups.
2. GOVERNMENTAL CONTROL OF WATER DEVELOPMENT WORKS AND STRUCTURES
Subsidiary legislation may lay down substantive criteria for project formulation (IV), or formal permit requirements for pre-construction appraisal and approval of a proposed project (I, V, VI, IX and X).
At the planning and design stage of dam construction, a maximum amount of specific and detailed information is generally required of the project proponents so as to assist the government department or agency responsible for the granting of the necessary water use permit or separate dam construction permit in deciding whether a permit should be granted and the project should go ahead, or not. Requirements to this effect appear in standard form in the Application Forms of water permits (VI), or are prescribed directly by the legislation (II and IX).
Operation and maintenance of water retention structures are the subject of detailed and project-specific prescriptions negotiated by the parties to the relevant water utilization or separate dam construction permit and incorporated in the terms and conditions of the permit. In addition, prescriptions of general import can be laid down in this particular regard directly by subsidiary legislation, for compliance by operators of all or any given class of water retention works. Such prescriptions may concern reservoir operating rules (III), the safety of dams (VII and XI) and the ceasing or abandonment of operations (VIII). Preparing national regulations for water resources management 223
I - PHILIPPINES - Water Rules and Regulations 29. A permit/authority shall be secured from the Minister of Public Works in the following instances: (a) Construction of dams, bridges and other structures in navigable or floatable waterways; ...
II - PHILIPPINES - Water Rules and Regulations 31. All applications shall be filed in a prescribed form sworn to by the applicant and supported by the following: ... D. For Construction of Dams, Bridges, and Other Structures in Navigable or Floatable Waterways 1) Vicinity map and location plan showing the river and the proposed structure; 2) Cross-section of the structure with cross-section of the river at the location of the structure showing minimum water level, maximum flood level without structure, and maximum flood level with structure; 3) Plan showing extent of maximum flooded area without structure and maximum flooded area with structure; 4) Schemes and details of provisions for passage of watercraft; 5) Construction schedule; and 6) Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or Certificate of Registration in case of cooperatives.
32. The Public Works District Engineer shall investigate each application filed with this Office and, if necessary, conduct public hearing thereon. He shall transmit his report and recommendation to the Public Works Regional Director who, after proper review, shall transmit the application with its supporting documents and his recommendations to the Minister of Public Works, for appropriate action.
III - PHILIPPINES - Water Rules and Regulations 39. Owners or persons in control of a reservoir shall submit to the Council the reservoir operation rule curve for approval which shall be followed except during periods of extreme drought and when public interest so requires wherein the Council may change the operation during the period after due notice and hearing. The Council shall review periodically the rule curve for possible revisions. A rule curve is a diagram showing the minimum water level requirement in the reservoir at a specific time to meet the particular needs for which the reservoir is designed. Furthermore anyone who operates a reservoir shall submit to the Council his plan for handling maximum discharges with a view to avoiding damage to life and property.
IV - PHILIPPINES - Water Rules and Regulations 48. As a general rule, a water resources project/program may be implemented only if it is in accordance with the national socio-economic development goals and objectives or necessary for the national security or protection of life and property. Any project/program involving the appropriation of water shall be directed towards the optimum single and/or multi-purpose utilization thereof. Whenever practicable, projects shall be conceived and viewed according to multi-purpose water resource 224 Preparing national regulations for water resources management
planning concepts within the area unit of a river basin. In the case of small scale water development projects not readily covered by large-scale water development projects, development planning of the latter shall proceed alongside the implementation of the former.
49. The size and time phase of projects/programs shall satisfy appropriate socio- economic indicators, more particularly the benefit-cost and/or cost-effectiveness criteria, their supplementary and complementary roles to the projects program of other government sectoral plans, and their ecological effects.
50. Government water resources and related projects/programs shall be submitted by the proponent agencies to the Council, which may, if necessary, refer the matter to the proper deputies or concerned agencies for evaluation and comment in accordance with the above guidelines before approving the same.
51. Any private interested party may propose any water resources project through the appropriate agencies and/or deputies who shall forward the same to the Council after evaluating and commenting with respect to the above guidelines. The Council, before approving the project, may, if necessary, refer or consult with other appropriate deputies and/or concerned government agencies.
52. Project/Program proposals shall contain indicators of socio-economic justification, relationship to the National Development Plan, impact statement on the sector's project/program supports and complement, regional impact statement, environmental impact statement, and such other information as the Council may require. Projects, such as artesian wells, spring development and barangay waterworks for purely domestic and municipal use, and such other small-scale projects as the Council may determine, shall be exempted from this requirement.
53. Any conflict involving the use of water that may arise from the project/program proposal shall be resolved on the basis of national/regional priority and needs, i.e. need for power generation in multipurpose project shall be reckoned on the quantity and time of such needs on a grid basis rather than on a single project basis alone. Any conflict which adversely affects a particular segment of society, group of individuals or small community, may be resolved after a public hearing has been conducted by the Council or its proper deputies.
V – UGANDA - Water Resources Regulations, 1998 16. … (3) A person who wishes to construct any works for the purpose of, (a) impounding, damming, diverting or conveying any surface water, whether or not on or adjacent to a waterway; or (b) draining any land to fit any motorized pump to such works; may apply to the Director for a construction permit in Form F1 of the Sixth Schedule. (4) An application referred to under subregulation (1), (2) or (3) shall be accompanied by the appropriate application fee specified in the Second Schedule to these regulations. 17. Classification of works, etc. The Director may, by notice published in the Gazette, declare any … class of works Preparing national regulations for water resources management 225 to be a class to which the provisions of sub-regulation (2) or (3) of regulation 16 does not apply.
19. Grant of permit etc. (1) The Director shall, after approving the application under subregulation (3) of regulation 18 grant a … construction permit for a period of one year. (2) The permit referred to under subregulation (1) of this regulation shall in Form … F3 as set out in the Sixth Schedule and be issued on such conditions as the Committee may specify. …
23. Extra conditions attached to construction permit (1) A holder of a construction permit shall, within ninety days of completion of any works, provide the Director with a construction completion report in respect of those works which report shall, (a) be in a form specified, in writing, by the Director; (b) include plans and drawings of all works as constructed; and (c) contain such other information as the Director may in writing, specify or require. (2) The Director shall not issue a water permit to direct, impound, store or use any water in or from works in respect of which a construction permit is required unless a construction completion report is provided to the Director as provided under subregulation (1) of this regulation. (3) After the commencement of these regulations, no person shall direct, impound, store, conveyor use any water, or attach any motorised pump to any works in respect of which a construction permit is required unless a permit for that purpose has been issued first under the provisions of these regulations.
Sixth schedule – Form F1 – Application for a construction permit – See Appendix III, page 387. Form F3 - Construction permit – See Appendix III, page 3891.
VI - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 6. Permit to construct or alter works (1) An application under section 41(1) of the Act for a permit to construct or alter a dam, water storage or water control structure ("Permit to Construct or Alter Works") shall be in accordance with Form 6 and shall be lodged with the Controller. (2) The Controller may, in respect of an application for a grant (not being by way of a reissue), publish in a newspaper circulating in the locality of the land on which it is proposed to carry out the works a notice, in accordance with Form 7, of the application having been made and if the Controller does so he or she shall forward a copy of the notice to the owners and occupiers of any land upstream or downstream of the point of the proposed works which, in the Controller's opinion, may in any way be affected as a result of the granting of the proposed Permit. (3) The costs of publication of the notice under subregulation (2) shall be met by the applicant. (4) A Permit to Construct or Alter Works shall be in accordance with Form 8.
Schedule – Form 6 – Application for a construction permit – See Appendix IV, page 389. 226 Preparing national regulations for water resources management
Form 7 – Notice of the filing of an application for a construction permit – See Appendix IV, page 391. Form 8 – Construction permit – See Appendix IV, page 392.
VII- CANADA – ALBERTA - Water (Ministerial) Regulation, 1998 Part 6 - Dam and Canal Safety 26. Plans and operation (1) If required by the Director, a person responsible for a dam or canal must prepare an emergency preparedness plan, flood action plan and operation, maintenance and surveillance manual in the form and manner and within the time period specified by the Director, whether or not there is a licence or approval with respect to the dam or canal or a term or condition in a licence or approval with respect to the dam or canal requiring such plans or manuals to be prepared. (2) A person responsible for a dam or canal must operate and maintain the dam or canal in accordance with (a) the terms and conditions in any applicable licence, (b) if applicable, an emergency preparedness plan, flood action plan and operation, maintenance and surveillance manual, (c) the terms and conditions of any water management order that is issued under the Act, (d) the directions of an inspector or the Director, and (e) the Act and this Regulation.
27. Site assessments If required by the Director, a person responsible for a dam or canal must carry out an assessment of the site of the dam or canal during the construction, operation, rehabilitation or repair of the dam or canal in the form and manner and within the time period specified by the Director.
28. Safety assessments (1) A person responsible for a dam or canal must, within 30 days of receiving written notice from the Director or within another time period specified by the Director, (a) submit to the Director the original or copies satisfactory to the Director of all design notes, drawings, specifications, structural, hydraulic, hydrologic, geotechnical and geological data, reports or other documents that were required or used for the design, construction, repair and rehabilitation of the dam or canal, and (b) arrange for a safety assessment of the dam or canal described in the notice to be conducted by an inspector or person authorized by the Director in the form and manner and within the time period specified by the Director. (2) A safety assessment under subsection (1) may be carried out jointly with a person responsible for the dam or canal.
29. Reporting of site or safety assessment (1) Unless otherwise specified by the Director, if an assessment of a dam or canal is carried out or arranged by a person responsible for a dam or canal, including an assessment under section 27 or 28, the results of the assessment must be forwarded to the Director within 90 days of the assessment, or other time period required by the Preparing national regulations for water resources management 227
Director, unless the assessment reveals an unusual situation or potential safety hazard, in which case the results of the assessment must be reported immediately to the Director. (2) For the purposes of this section, "results of the assessment" includes, but is not limited to, instrumentation readings and analyses, photographs and other visual records and drawings, soil or aggregate testing results or other test results and any other information related to the dam or canal that is requested by the Director.
30. Safety evaluation (1) If required in writing by the Director, a person responsible for a dam or canal must have a person who has been approved by the Director and who is a professional engineer as defined in the Engineering, Geological and Geophysical Professions Act be an independent reviewer to carry out a safety evaluation of a dam or canal in accordance with any written requirements of the Director and provide a written report of the safety evaluation. (2) The report under subsection (1) must be in the form and manner required by the Director and must be submitted within the time period specified by the Director.
31. Safety directives If conditions are or may likely be hazardous to a dam or canal or if conditions may reasonably be anticipated to cause a dam or canal, or any part of a dam or canal, or any operation or action at or in connection with a dam or canal, to be or become a hazard to the environment, human health, property or public safety, a person responsible for a dam or canal must (a) operate the dam or canal, or any part of the dam or canal, in accordance with an applicable emergency preparedness plan, (b) immediately inform all persons who may be endangered by the dam or canal of the nature of the existing or anticipated conditions and, if reasonably necessary, advise those persons to vacate and to remove any property from the endangered area, (c) immediately notify the Director of (i) the nature of the existing or anticipated conditions, (ii) all things done with respect to the dam or canal by a person responsible for the dam or canal, and (iii) the time and exact nature of any information provided or warning issued to any person under this section, and (d) suspend operation of the dam or canal if required by the Director.
VIII- CANADA – ALBERTA - Water (Ministerial) Regulation, 1998 Part 6 - Dam and Canal Safety 32. Suspension, cessation, abandonment, decommissioning (1) A person responsible for a dam or canal must not commence any of the following unless the person responsible for the dam or canal has previously applied for and obtained the written authorization of the Director: (a) to cease the operation of the dam or canal permanently or for any period of time; (b) to abandon or decommission the dam or canal permanently; 228 Preparing national regulations for water resources management
(c) to remove the dam. (2) If required by the Director, a person responsible for a dam or canal must prepare a program or comply with a program prescribed by the Director for ceasing the operation of a dam or canal, abandoning or decommissioning a dam or canal or removing a dam. (3) A person responsible for a dam or canal who has obtained the Director's authorization under subsection (1) must, at least 14 days before commencing any work to which the authorization applies, notify the Director of the date on which the person responsible for the dam or canal expects to commence the work and submit a schedule for completion of the work. (4) On the completion of any work to which this section applies, a person responsible for a dam or canal must submit to the Director a report on the work and how it was performed, and must arrange an inspection of the work by an inspector or person authorized by the Director on a date satisfactory to the Director. (5) If required by the Director, a person responsible for a dam or canal must do any further work that the Director prescribes with respect to any danger to any person or property.
34. Instrumentation (1) If instrumentation is installed in a dam or canal, a person responsible for a dam or canal must monitor and maintain, and replace, if necessary, the instrumentation so the instrumentation provides continuity of readings. (2) If required by the Director, a person responsible for a dam or canal must (a) install any additional instrumentation prescribed by the Director, and (b) submit instrumentation readings to the Director within 60 days after the readings are taken. (3) If instrumentation reading schedules that have been agreed to by the Director are to be changed or modified, a person responsible for the dam or canal must notify the Director within 60 days of a cessation of the reading or before making any changes or modifications to the reading schedules.
IX- CANADA - NEW BRUNSWICK - Watercourse Alteration Regulation, 1990 5. (1) An application for a permit shall be submitted to the Minister on a form provided by the Minister and, subject to section 7, shall be accompanied by copies of the plans and such other documents or information as the Minister may require. (2) The copies of plans and any other documents or information required by the Minister under subsection (1) shall be prepared for and provided to the Minister at no cost or expense to the Minister. (3) Upon receipt of an application made under this section, the Minister may demand any additional copies of plans and any other documents and information the Minister considers necessary or useful in order to decide what disposition will be made of the application. (4) If any engineering report or plans are required by the Minister, they shall be prepared or approved, at no cost or expense to the Minister, by a person who is a member of the Association of Professional Engineers of the Province of New Brunswick or is licensed to practice engineering under the Engineering Profession Act. (5) An application may be made in accordance with this section with respect to more than one watercourse alteration. Preparing national regulations for water resources management 229
6. (1) An application for a permit may be made by (a) the person who is planning a project or structure involving a watercourse alteration, or (b) a person acting on behalf of a person referred to in paragraph (a) if the person making the application on behalf of another is not an employee of the Department of the Environment and Local Government for the Province of New Brunswick. (2) Notwithstanding paragraph (1)(b), the Minister shall issue a permit only to a person referred to in paragraph (1)(a). (3) Notwithstanding subsection (1), where an application is made by a person other than the person referred to in paragraph (1)(a), the Minister shall not accept the application unless the person on whose behalf the application is made consents to the application on a form provided by the Minister.
9. Upon receipt of an application made under subsection 5(1) together with copies of plans and any other documents or information required by the Minister under section 5, the Minister may issue one or more permits for such period of time and upon such terms and conditions as the Minister may impose.
10. (1) A permit shall (a) be on a form provided by the Minister, and (b) identify or state on its face (i) the name of the person to whom it is issued, (ii) the watercourse alteration or alterations for which the permit is issued, (iii) the date on which it is issued, (iv) the date on which it expires, (v) the terms and conditions imposed on it, and (vi) such other information as the Minister considers necessary. (2) A permit may be accompanied by such documents as are considered necessary by the Minister in order to establish or identify all or any of the terms and conditions imposed on it and these documents shall be referred to on the face of the permit. (3) A permit shall not be assigned or transferred and is valid only for (a) the watercourse alteration or alterations identified on the permit, and (b) the person to whom it is issued, any person acting under that person’s direction or control and any independent contractor with whom that person contracts to commence, make or carry out the watercourse alteration or alterations identified on the permit. … (6) A permit is automatically cancelled by the issuance of a new permit applying to the same watercourse alteration or alterations.
11. (1) Subject to subsection (3), a permit may be issued by the Minister for more than one watercourse alteration. (2) A permit issued for more than one watercourse alteration shall have the words "Multiple Permit" marked or typed clearly on its face. (3) A permit shall not be issued for more than one watercourse alteration unless the Minister is of the opinion that all the alterations to which the permit is intended to apply have some appropriate factor in common. 230 Preparing national regulations for water resources management
12. (1) Where in the Minister’s opinion an emergency exists, the Minister may issue an emergency permit for one or more watercourse alterations before the submission of the copies of the plans or any other documents or information required to be submitted under section 5. (2) A person to whom an emergency permit is issued shall, within thirty days after the issue or within such other time as the Minister may direct, submit to the Minister the copies of the plans and any other documents or information required to be submitted under section 5 that were not submitted before the issue. (3) An emergency permit shall be issued for a specific period not to exceed ninety days.
12.1 (1) A person may apply for a provisional permit by submitting a notification form to the Minister on a form provided by the Minister, accompanied by the prescribed fee and by copies of the plans and such other documents or information as the Minister may require. (2) Within two weeks after receiving a notification form, the prescribed fee and all related copies and other documents and information under subsection (1), the Minister shall determine whether or not, in the opinion of the Minister, the planned watercourse alteration would or could pose a significant threat to the environment, and (a) if the Minister is of the opinion that the planned watercourse alteration would not or could not pose a significant threat to the environment, deliver to the applicant a written acknowledgement granting the person a provisional permit, for such period of time and upon such terms and conditions as the Minister may impose, or (b) if the Minister is of the opinion that the planned watercourse alteration would or could pose a significant threat to the environment, deliver to the applicant written notice that a provisional permit will not be issued to the applicant. (3) A written acknowledgement delivered under paragraph (2)(a), a copy of the notification form to which it relates and any list of applicable terms and conditions and any other documents referred to in the acknowledgement or the notification form together constitute a provisional permit. …
X - CANADA - Dominion Water Power Regulations, 2001 2. Interpretation In these Regulations, "power development" includes (a) the physical structures within the severance line required for the storage or use of the stream-waters, for the production of power therefrom, and for the transmission thereof, (b) the dams or other diversion works, the powerhouse, the conduits conducting water thereto and the transmission lines within the severance line, (c) all hydraulic or electrical machinery, appliances, fixtures, equipment and appurtenances, (d) lands and rights-of-way required in connection therewith, and (e) the clearings, roads, trails and railways required to be constructed that are still used and useful in connection therewith and not independently profitable; (aménagement de force hydraulique) Preparing national regulations for water resources management 231
"storage development" includes (a) the physical structures within the severance line required for the storage of the stream-waters for the production of power, (b) the dams or other storage works, the intakes and water conduits within the severance line, (c) all hydraulic or electrical machinery, appliances, fixtures, equipment and appurtenances, (d) lands and rights-of-way required in connection therewith, and (e) the clearings, roads, trails and railways required to be constructed that are still used and useful in connection therewith and not independently profitable; (aménagement d'emmagasinage)
3. Application (1) An application for a licence to divert, use or store water for power purposes may be made to the Director and shall contain the following information: (a) the name, address and occupation of the applicant; (b) the name or a clear description of the river, lake or other watercourse from which the water is to be diverted or used; (c) the place where the water is to be diverted from or in the said watercourse, referred if possible to an established monument of the existing system of land surveys, and the place where the water is to be returned or released; (d) the maximum quantity of water, expressed in cubic feet per second, which it is estimated will be ultimately diverted or used under the licence applied for; (e) the estimated average head in feet which will be available for the production of power according to the plan of development proposed; (f) the estimated minimum amount of energy expressed in horsepower that will be developed on the turbine shaft within five years from the date of the application or within such other period as the applicant may state to be required for the completion of his initial development; (g) the maximum amount of energy expressed in horsepower which it is estimated will ultimately be developed on the turbine shaft from the waters for which application is made; (h) a brief statement with respect to the character and extent of all principal works the applicant proposes to construct; (i) in respect of each dam involved, its approximate maximum length and height, its proposed type and the material to be used in its construction; (j) where storage is involved, the location of each lake, basin or other place in which the applicant wishes to store water; (k) for each storage reservoir, the approximate number of acres of land the applicant proposes to flood, the approximate area in acres of the surface of the reservoir when filled, the estimated vertical storage range in feet, and the total capacity of storage contemplated in acre-feet; and (l) a reasonably accurate description and the acreage of the lands required for occupation or use in the construction, maintenance or operation of the proposed works, noting separately lands required for rights-of-way and lands that are to be flooded (i) within public lands, (ii) within provincial Crown lands, and 232 Preparing national regulations for water resources management
(iii) within privately owned lands. (2) An application for a licence shall be accompanied by (a) a preliminary plan or sketch, with scale so selected as to show upon a single sheet the entire project applied for, with the approximate location of all the principal works and lands referred to in paragraph (1)(l); (b) a description of and a sketch showing the nearest neighbouring works or structures completed or in course of construction, both above and below the place of the proposed diversion, for diverting or using water for any purpose from the same source of supply and the approximate distance and direction of each such works from the proposed works; (c) the names and locations of any other works or structures, including bridges, railways and canals, that might affect or be affected by the construction, maintenance or operation of the proposed works; (d) the approximate discharge in cubic feet per second at or near the place of diversion of the river, lake or other source from which the water is to be diverted at high, medium and low water stages, respectively, together with copies of any existing measurements of the flow of the stream in the applicant's possession and a reference to all other such measurements of which the applicant has knowledge; and (e) a brief outline of the undertaking in respect of which the licence is desired, including the use to which the power is to be applied, any sale, delivery or transfer thereof to other than the applicant that is contemplated, the territory, if any, within which such sale, delivery or transfer is to be exercised, the probable demand for power within such territory and an estimate of the capital cost of the entire undertaking. (3) Where the applicant is an incorporated company, the application, in addition to the information required by subsections (1) and (2), shall contain (a) the names of the directors and officers of the company and their places of residence; (b) the address of the head office of the company in Canada; (c) the amount of capital authorized, subscribed, and paid-up, specifying in regard to paid-up capital, the amount paid in cash and the manner of payment for the balance; (d) the proposed method of raising further funds, if required, for the construction and operation of the proposed works; and (e) a copy of the special act of incorporation or the memorandum of association. (4) Where the applicant is a municipality or municipal district, the application, in addition to the information required by subsections (1) and (2), shall contain (a) the location, area and boundaries of the municipality or district; (b) the approximate number of inhabitants in the municipality or district; (c) the present indebtedness and the borrowing limit of the municipality or district; (d) a certified copy of any by-law or resolution passed by the municipality or district respecting the application or the undertaking to which the application relates; and (e) a certified copy of any enabling Act or other statutory provision authorizing the municipality or district to engage in the proposed undertaking. (5) All elevations given in connection with the plans or other information filed by any applicant shall be referred, if feasible, to mean sea-level datum. Preparing national regulations for water resources management 233
(6) An applicant, when requested so to do by the Minister, shall file an affidavit setting forth such facts as may be required in respect of his financial standing and his ability to carry out the proposed undertaking. (7) The Director may, at any time while an application is pending, notwithstanding any other requirement of these Regulations, require such additional plans, descriptions, measurements, specifications or other data, whether related directly or indirectly to the proposed works and undertaking, as he considers necessary, and those plans, descriptions, measurements, specifications or data shall be furnished by and at the expense of the applicant.
5. Survey permit (1) Subject to subsection (3), the Director may issue to an applicant a survey permit empowering the applicant during the period stated therein, which shall not exceed three years, to enter upon any public lands without other licence therefor, and upon the lands of any person for the purpose of making such surveys and investigations as may be necessary for the preparation of his general layout plans, but for no other purpose, and the applicant shall, in making such surveys and investigations, do as little damage as possible, and shall make full compensation to all persons sustaining damage. (2) The issuance of a survey permit does not give the applicant any priority over other applicants for the development of any water-power, or any special claim or right in respect of the water-power. (3) The applicant shall furnish such security as the Director may require for the payment of any sums that may be subsequently awarded for any damage caused by the applicant in making any surveys and investigations authorized under these Regulations.
6. General layout plans (1) An applicant shall file his general layout plans with the Director by such date as is specified by the Director. (2) The general layout plans and data shall be such as will enable the Director to determine whether (a) the proposed works are of suitable design to accomplish the purpose intended, (b) the proposed development is in general accord with the most beneficial utilization of the resources of the stream in Canada, and (c) the proposed undertaking is feasible and practicable and in the public interest, and such plans shall further conform to any requirements of the Director not inconsistent with these Regulations. (3) The general layout plans and specifications shall (a) be based on actual and thorough surveys and investigations on the ground; (b) be in sufficient detail to enable the Director to determine exactly what is proposed to be done by the applicant; (c) show the position of the proposed works with reference to surrounding objects so that the exact scope of the project may be readily ascertained and located; and (d) show what provisions are being made for navigation, logging and other interests. 234 Preparing national regulations for water resources management
(4) When the Director is of the opinion that further information and plans are necessary before an interim licence is issued, he may request the applicant to furnish additional information and plans. (5) Plans or maps shall in every case show the location and area of the lands that are required to be occupied, used or flooded in connection with the proposed works. (6) Elevations wherever feasible shall be related to mean sea-level datum.
7. Priority permit (1) Where the applicant has completed satisfactorily the submission of such of the information required by section 3 and has supplied such of the plans and specifications as will satisfy the Minister that (a) the proposed development is in general accord with the most beneficial utilization of the stream waters, (b) the proposed undertaking is feasible and practicable and in the public interest, and (c) the applicant has the requisite financial ability to carry the project to a successful consummation, the Minister may issue to the applicant a priority permit which shall give the applicant priority over other applicants in the consideration of his general layout plans if filed within the time specified in the permit. (2) In granting a priority permit the Minister may give preference to an application by a province, municipality or municipal district where he considers such preference to be in the public interest. (3) No priority permit shall be construed as binding the Minister to issue an interim licence, giving the applicant any exclusive claim or right, or relieving the Minister from considering other possible schemes for the development of the site, if there is reason to believe that they may result in a more beneficial utilization of the natural resources or be otherwise in the public interest. (4) A priority permit shall be effective for a period not to exceed one year but may be renewed. (5) No extensions of time to a priority permit shall be granted unless it is shown to the satisfaction of the Minister by statutory declaration by the applicant, and otherwise, that the applicant has promptly and diligently continued the surveys and preparation of the plans in good faith, and has been prevented by causes beyond his control, other than the want of funds, from completing the plans within the time fixed, but the applicant shall not be given an extension of more than one year from the expiry of the time originally fixed. (6) If the plans and information required are not completed and filed before the expiration of the initial period of the priority permit or of any extension thereof, the applicant's priority shall lapse.
XI - CANADA - BRITISH COLUMBIA - Dam Safety Regulation, 2000 3. Operation and maintenance of a dam (1) A dam owner must operate and maintain a dam in accordance with all of the following: (a) this regulation; (b) any applicable licence or approval; (c) any order that is made under the Act; Preparing national regulations for water resources management 235
(d) the emergency preparedness plan that has been prepared and accepted in accordance with subsection (2) (a); (e) the operation, maintenance and surveillance manual that has been prepared and accepted in accordance with subsection (2) (b). (2) A dam owner must, in the form and manner and within the time period specified by the comptroller or regional water manager, prepare and submit to a dam safety officer, for acceptance by the dam safety officer, the following: (a) if the downstream consequence classification under Schedule 1 is high or very high, an emergency preparedness plan; (b) if the downstream consequence classification under Schedule 1 is low, high or very high, an operation, maintenance and surveillance manual. (3) Subsection (2) applies whether or not there is a term or condition in an approval granted or licence issued that requires the preparation of such a plan or manual for the dam. (4) A dam owner must ensure that the dam is adequately safeguarded to prevent unauthorized operation of the dam by someone other than the dam owner or an agent of the dam owner.
4. Alteration of a dam (1) Any alteration, improvement or replacement to all or any part of a dam must be authorized by an approval, licence or order. (2) Subsection (1) does not apply to an alteration, improvement or replacement for the purpose of (a) maintaining the dam as authorized under section 3, or (b) addressing a hazardous condition under section 8. (3) A dam owner must submit to a dam safety officer, on completion of the alteration, improvement or replacement, a report on the work and the manner in which any such alteration, improvement or replacement to all or any part of the dam was performed.
5. Inspection A dam owner must do all of the following: (a) carry out an inspection of a dam on the frequency applicable to the downstream consequence classification for the dam as set out in Schedule 2 in order to assess the condition of the dam during the construction, operation or alteration of the dam; (b) record the results of every inspection performed under paragraph (a); (c) repair any safety hazard revealed by an inspection, if authorized to do so by an approval, licence or order or as authorized under this regulation.
6. Reporting (1) A dam owner must, when an inspection is carried out under section 5 or when any other inspection is carried out with respect to a dam, (a) submit to a dam safety officer, in the form and manner and within the time period specified by the dam safety officer, (i) the record of inspection required by section 5 (b), and (ii) the results and analysis of any test or measurement taken including, but not limited to, (A) instrumentation readings and analysis, 236 Preparing national regulations for water resources management
(B) visual records or observations, (C) drawings, (D) soil, aggregate and concrete test results, and (E) any other test results, and (b) promptly submit to a dam safety officer the record of inspection required by section 5 (b) if the inspection reveals a potential safety hazard. (2) A dam owner must submit to a dam safety officer, if requested by the dam safety officer, the original or clear copies of the following documentation required for the design, construction or alteration of the dam: (a) all design notes, drawings and specifications; (b) hydraulic, hydrologic, geological and geotechnical data; (c) reports and other similar documentation.
7. Dam safety review (1) If required by Schedule 2, a dam owner must have a professional engineer, experienced in dam safety analysis, do a dam safety review and prepare, in the form and manner and within the time period specified by the comptroller or regional water manager, a dam safety report. (2) The dam owner must submit to a dam safety officer a copy of the dam safety report prepared by the professional engineer who carried out the dam safety review under subsection (1).
Schedule 1 - Downstream Consequence Classification Guide - See Appendix IV, page 393. Schedule 2 - Minimum Inspection Frequency and Dam Safety Review Requirements - See Appendix IV, page 394.
3. FLOOD CONTROL STRUCTURES AND OTHER MEASURES
In addition to dams serving also, or exclusively, a flood control purpose, the control of flooding and the mitigation of flood damage rest on such other structural measures as the construction of dykes. The example below provides the administrative and other requirements prescribed by subordinate legislation in relation to the construction, use and maintenance of dykes (I). In addition to the construction of works, flood control and flood damage mitigation are pursued through "non-structural" measures ranging from floodplain zoning so as to restrict human settlements, and restricting in particular the cultivation of riverbeds, to planting flood protection forests, and from mandating flood insurance schemes to the setting up of special governmental bodies or committees to perform specific flood-related tasks. Preparing national regulations for water resources management 237 In particular, the zoning of floodplains may be needed to curtail the permanent presence of man in the area likely to be affected by floods. Legislation can provide a mechanism for floodplain zoning, or vest zoning authority in a government department or agency, or in a specially-constituted body of government or elected officials. The designation by a properly empowered government agent of floodplain areas for the application of zoning restrictions is a typical component of a floodplain zoning mechanism. Subsidiary legislation typically provides the procedural and substantive details of implementation of floodplain zoning mechanisms, and may identify the government body in which zoning authority is vested (II).
I – VIET NAM - Ordinance on Dykes, 2000 1. (1) This Ordinance provides for the construction, repair, protection, use and maintenance of dykes. (2) Dykes prescribed in this Ordinance include: a) Flood or sea water-preventing dykes; b) Dyke-protecting embankments; c) Dyke-crossing water supply and drainage sluices; d) Other support structures.
3. Depending on the socio-economic importance, the defense and security requirements of each region which is protected by dykes from flooding, dykes are classified into special grade, grade I, grade II, grade III and grade IV. The government shall define criteria for different dyke grades and approve the grade of each dyke section.
Chapter III - Dyke Protection and Use 11. The following acts are strictly forbidden: (1) Exploiting soil rock, sand, gravel or other minerals; digging ponds, wells and dredging watercourses within the dyke protection limit; (2) Operating works within the dyke protection limit at variance with the prescribed technical process and rules; (3) Building works, houses within the dyke protection limit, at river sandbanks, river beds, except special-use works permitted for construction in service of flood and storm prevention and combat, communications, defense, security and other special works; (4) Discharging waste matters into the dyke protection limit river sandbanks, river beds; storing materials on dykes, except materials reserved for flood and storm prevention and combat; (5) Setting off explosions detrimental to the safety of dykes, except explosions for the purpose of flood diversion or slowdown, which are decided by the competent State bodies; (6) Driving on dykes motor vehicles of a weight exceeding the permissible load of such dykes and dyke-crossing sluices; driving motor vehicles with four or more wheels on dykes which are being hit with incidents or put up with prohibition signs 238 Preparing national regulations for water resources management
when the floods rise higher than alarm level 3, except dyke-inspecting vehicles, dyke- salvaging vehicles which are mobilized or permitted by the competent State bodies and vehicles with special security, defense, first aid or fire fighting requirements; (7) Hoeing weeds, heaping up rice straws, firewood or garbage on dykes; (8) Other acts that directly affect the safety of dykes and the quick flood drainage, except activities permitted by the competent State bodies prescribed in Article 12 of this Ordinance.
12. In special cases, organizations and individuals that wish to carry out one of the following activities must obtain permission from the competent State bodies: (1) Cutting dykes for construction of works within the dyke protection limit; (2) Conducting exploratory drills within the dyke protection limit. (3) Building special-use works in service of flood and storm prevention and fight, communications, defense, security and other special works within the dyke protection limit; (4) Using dykes, embankments and sluices for mooring of ships, boats, rafts, or for temporary storage of materials; (5) Activities that produce vibrations affecting the safety of dykes.
13. (1) The Ministry of Agriculture and Rural Development shall issue permits for activities specified in Clauses 1,2, 3 and 5, Article 12 of this Ordinance with regard to dykes of from grade III to special grade. (2) The People's Committees of the provinces or centrally-run cities shall issue permits for activities specified in Article 12 of this Ordinance with regard to dykes of grade IV and activities specified in Clause 4, Article 12 of this Ordinance with regard to dykes of from grade III to special grade.
14. The granting of permits to construct, renovate and/or upgrade works. dredge watercourses or exploit sand, gravel, which, though located outside the dyke protection limit, affect the safety of dykes and/or flood drainage, must be agreed upon in writing by the Ministry of Agriculture and Rural Development for dykes of from grade III to special grade, or by the People's Committees of the provinces or centrally-run cities for dykes of grade IV.
II - PHILIPPINES - Water Rules and Regulations 35. Whenever the Minister deems it necessary to declare flood control areas for the protection of flood plain lands, he shall publish the same in three (3) newspapers of general circulation setting forth the purpose of the declaration, the geographic limits of the declared control area, and the regulations necessary to achieve the objectives.
36. The Minister shall form an Inter-agency Flood Plain Management Committee for each flood plain declared as flood control area, the members of which shall include, but not limited to, representatives from the following: ... The functions of this Committee shall be: ... (b)To provide guidelines for local governments in the formulation of regulatory ordinances regarding flood plain use and occupancy; (c)To draft and recommend guidelines for flood plain management in a particular flood control area in order to achieve the goals and objectives thereof; ... Preparing national regulations for water resources management 239 Cultivation in riverbeds may be subjected to regulatory restrictions, typically in the form of permit requirements. Subsidiary legislation may prescribe the procedural and substantive details of such requirements (III).
III - PHILIPPINES - Water Rules and Regulations 29. A permit/authority shall be secured from the minister of Public Works in the following instances: ... (b) Cultivation of river beds, sand bars and tidal flats; ...
30. Applications for permit/authority under the next preceding section may be filed with the Public Works District Engineer's Office in the province where the project is to be undertaken.
31. All applications shall be filed in a prescribed form sworn to by the applicant and supported by the following: A. For Cultivation of River Beds, Sand Bars and Tidal Flats: 1) Location plan showing the river bed, delineation of the area to be cultivated, the adjoining areas and the corresponding lessees/permittees; and 2) Information showing the crops to be planted and the cropping period. ...
32. The public Works District Engineer shall investigate each application filed with this Office and, if necessary, conduct public hearings thereon. He shall transmit his report and recommendation to the Public Works Regional Director who, after proper review, shall transmit the application with its supporting documents and his recommendations to the Minister of Public Works, for appropriate action.
33. A permit to cultivate river beds, sand bars and tidal flats shall be non-transferable and shall not be construed as authorizing reclamation of the area covered by the permit, or as conferring upon the permittee a right of ownership thereof by acquisitive prescription. V. IRRIGATION WATER DEVELOPMENT
See also: I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS II. PREVENTION AND CONTROL OF WATER POLLUTION III. GROUNDWATER DEVELOPMENT AND CONSERVATION IV. WATER RESOURCES DEVELOPMENT AND FLOOD CONTROL VII. CHARGING FOR WATER
1. INTRODUCTION
Irrigation water use involves technical, managerial, and financial approaches of increasing complexity, ranging from a landowner diverting streamwater or drawing water from his well onto his fields, to groups of landowners pooling their resources to build a system of canals benefiting them all, to the government developing the irrigation potential of a particular area for the benefit of individual users or of their groupings. Irrigation has thus a "development" and a "use" characterization, the former hinging on construction and management of the infrastructure necessary to make water actually available for irrigation use. Irrigation "use", in turn, can follow on from the construction of an irrigation scheme or project or, in its simplest form mentioned above, it may take place outside the framework of irrigation development schemes or projects. Under both circumstances, irrigation water "use" partakes, both conceptually and practically, of legislative approaches to allocating water for different uses, and of the material presented in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS. This Chapter will focus instead on the development aspect of irrigation water. In addition, in view of the key role they play in irrigation water use, this chapter will cover also water users' groupings.
2. GOVERNMENT-FUNDED IRRIGATION WATER DEVELOPMENT
Legislation on this particular subject typically empowers the government to undertake irrigation development projects, and to make consequential 242 Preparing national regulations for water resources management arrangements for the implementation of a project and, after the construction phase, for the management of the infrastructure and of the water available through it. Subsidiary legislation covers matters like the occupation of irrigated land, the distribution and use of project water, maintenance of the irrigation infrastructure, charging for project water and law enforcement. The balance of this sub-chapter will cover these aspects, as follows:
2.1 Occupation of Irrigated Land
A licensing mechanism may be employed to regulate the occupation and use of land comprised in a government-funded irrigation scheme (I). The government is thus in a position to influence the manner of use of the land and companion irrigation water by the project beneficiaries, through standard and other terms and conditions written in the licence (II) or through the authority of an officer empowered to take action with respect to land cultivation in lieu of a licensee and at his expense (III). Other matters covered by subsidiary legislation in connection with licensing are succession in the licence in the event of the licensee's death (IV), and duration and termination of the licence (V). A standard format of licences may be provided for the users' convenience (VI).
I - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 4. Any person who resides in, carries on business in, or occupies any part of the scheme or grazes any stock thereon shall, unless he is the holder of a valid licence granted to him under these Regulations by the manager with the approval of the committee or is the authorized dependant of such licensee, be guilty of an offence.
II - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 8. (1) Every licence shall be granted subject to the following conditions: (a) a licensee shall devote his full personal time and attention to the cultivation and improvement of his holding and shall not, without the permission, in writing, of the manager, allow any other person to occupy his holding or to cultivate it on his behalf; (b) a licensee shall maintain the boundaries of his holding in a manner satisfactory to the manager; (c) a licensee shall maintain at all times his holding and all field, feeder and drainage channels to the satisfaction of the manager; (d) a licensee shall maintain to the satisfaction of the manager all irrigation channels and works on or serving his holding; (e) a licensee shall cultivate his holding to the satisfaction of, and in accordance with the crop rotation laid down by, the manager, and shall comply with all Preparing national regulations for water resources management 243
instructions given by the manager relating to the cultivation and irrigation of his holding; (f) a licensee shall comply with all instructions given by the manager with regard to good husbandry, the branding, dipping, inoculating, herding, grazing or watering of stock, the production and use of manure and compost, the preservation of the fertility of the soil, the prevention of soil erosion, the planting, felling, stumping and clearing of trees and vegetation and the production of silage and hay; (g) a licensee shall not hire, cause to be hired, or employ stock or machinery for cultural operations, other than stock and machinery owned by the manager, without prior approval, in writing, from manager; (h) a licensee shall not absent himself from the scheme for longer than one month without prior approval, in writing, of the manager. (2) Any licensee who fails to comply with the conditions specified in paragraph (1) of this regulation shall be guilty of an offence. (3) Any licensee who refuses, or without reasonable excuse fails, to comply with any of the conditions of this regulation shall, in addition to any penalty that may be imposed under paragraph (2) of this regulation, be liable to have his licence terminated by the Minister, on the recommendation of the manager (after confirmation by the committee) and the Minister's decision shall be final.
16. (1) A licensee shall not keep on his holding any stock other than those specified in his licence and shall declare to the manager annually the natural increase in such stock and shall comply with any instructions issued by the manager as to their disposal. ...
III - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 13. If, in the opinion of the manager, it would be beneficial to a licensee's crops or to all the licensees in the scheme to cultivate by machinery, or to apply fertilizers, or manure, or to treat any crops or stocks in any way to protect them against diseases, pests, or damage of any kind, then the manager may do so and recover the costs thereof from the licensee or licensees.
IV - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 7. (1) A licensee may, at any time after the date of being granted a licence, nominate, in writing to the manager, another person to succeed him as licensee in the event of his death; and a licensee may at any time, in writing to the manager, revoke or alter any such nomination which may have been made by him: Provided that no person nominated as successor may succeed until he has attained the apparent age of eighteen years; if he has not reached that age, his guardian under customary law may, within one month of the licensee's death, and with the approval of the manager, appoint a person to act on his behalf until the successor is of age. (2) No person nominated as a successor may succeed without the approval of the committee. (3) The authorized dependant of a deceased licensee may, within thirty days of his death, appeal to the court against the nomination under paragraph (1) of this regulation, of a successor. 244 Preparing national regulations for water resources management
(4) The authorized dependant may: (a) where a licensee dies without having nominated a successor in accordance with paragraph (1) of this regulation; or (b) where, under paragraph (3) of this regulation, an appeal to the court against the nomination of a successor has been successful, within one month of the death of the licensee or one month after the determination of the appeal, as the case may be, nominate, in writing to the manager, a successor who must be approved by the court. (5) In the event of: (a) no person being appointed within the time prescribed in the proviso to paragraph (1) of this regulation; or (b) no person being nominated within the time prescribed in paragraph (4) of this regulation; or (c) any person nominated or appointed under this regulation failing to accept such nomination or appointment or failing to assume the responsibilities inherent in such nomination or appointment within a period of three months from the death of the licensee; or (d) no successor being acceptable to the committee, the holding shall be deemed to have been vacated, the licence in respect of such holding shall terminate, and a fresh licence may be granted in accordance with regulations 5 and 6 of this regulation. (6) In the event of a holding being deemed to have been vacated in terms of paragraph (5) of this regulation: (a) the manager may make provision for the cultivation of any such holding and where appropriate recover the costs from the incoming licensee; and (b) in accordance with regulation 23 of these Regulations reasonable compensation may be paid to the authorized dependant of a licensee in respect of any improvement to the holding effected by the licensee.
V - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 8. ... (3) Any licensee who refuses, or without reasonable excuse fails, to comply with any of the conditions of this regulation shall, in addition to any penalty that may be imposed under paragraph (2) of this regulation, be liable to have his licence terminated by the Minister, on the recommendation of the manager (after confirmation by the committee) and the Minister's decision shall be final.
11. (1) If a licensee is sentenced to imprisonment for a term of six months or more, his licence may be terminated forthwith. (2) If a licence is terminated under paragraph (1) of this regulation, a successor maybe nominated or appointed in accordance with regulation 7 of these Regulations.
23. Where any licence is terminated in accordance with any of the provisions of these Regulations, a Board consisting of the manager and one representative of both the outgoing and the incoming licensees, shall assess the amount, if any, due to the outgoing licensee or his dependants in respect of capital and labour expended by him in improving the holding, and the manager shall make arrangements for the payment Preparing national regulations for water resources management 245
of such amount by the incoming licensee within such time as the manager considers reasonable.
25. Subject to the provisions of regulations 7, 8, 11 and 22 of these Regulations, every licence shall be valid for a period of one year and from year to year thereafter, but may be terminated at any time: (a) by the licensee giving to the manager six months' notice in writing of his intention to surrender his licence; (b) by the manager, on instruction of the Minister, giving to the licensee 12 months' notice in writing of his intention to terminate the licence.
VI - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 First Schedule - Licence to Occupy Holding - See Appendix V, page 397.
2.2 Distribution and Use of Project Water
Criteria may be prescribed to regulate the delivery of project water to users through the main, i.e., primary and secondary, system canals, and for the corollary power to stop the flow of water under given circumstances (I). In addition, a mechanism may be provided to settle disputes among water users as to the distribution of irrigation water (II). Increasingly, the delivery of irrigation water is arranged and regulated by contract, or an equivalent instrument, between the end-user and a commercial or non-commercial service provider. Subsidiary legislation may regulate the kind of contractual instrument, and the service provider’s power to stop delivery (III).
I - NEPAL - Irrigation Regulation, 1989 2.4 Water Distribution System: 2.4.1 While distributing water for irrigation, the Irrigation Officer shall, by taking into account the following matters and the advice of Water Users Association Coordination Committee constituted under Rule 3.5 and concerned Agriculture office distribute it to the Water User on a rotational basis. 2.4.1.1 Area of the land 2.4.1.2 Types of crops to be grown in the land 2.4.1.3 Nature of soil of the land 2.4.1.4 Quantity of water available in the Canal, and 2.4.1.5 Condition of Canal or other irrigational structure. 2.5 Distribution of Water may be Stopped: 2.5.1The Irrigation Officer may stop the distribution of water under the following circumstances: 246 Preparing national regulations for water resources management
2.5.1.1 If it is impossible to repair, maintain or improve the condition of the Canal or other irrigational structure without stopping the flow of water in the Canal or other irrigational structure. 2.5.1.2 If it is impossible to do any public construction work without stopping the flow of water in the Canal or other irrigation structure. 2.5.1.3 To such person, who does not pay water charges or acts in contravention of this Regulation. 2.5.1.4 In case where the Canal or any other irrigational structure have been damaged or likely to be damaged. 2.5.1.5 In case where a person or an animal falls or dies in the Canal. 2.5.2 In case where the distribution of water is required to be stopped due to the occurrence of a situation referred to in sub-rule 2.5.1.1 or 2.5.1.2, the Irrigation Officer shall notify in writing, at least fifteen days in advance, the concerned panchayat, water users group and the concerned Agriculture office, so that the information could reach to the Water User.
II - NEPAL - Irrigation Regulation, 1989 2.8 Complaint may be Given: In making proper distribution and use of water if any Water Users Group gives trouble to a Water User within that area, the concerned Water User may lodge a complaint to the Irrigation Officer and the decision of the Irrigation Officer on such complaint shall be final.
III - CANADA – ALBERTA – Irrigation Districts Act, 2000 13. Stoppage of water delivery (1) A district may stop the delivery of water to a parcel if the district is of the opinion (a) that any further delivery of water may exceed the amount prescribed by bylaw, or (b) the owner or lessee of the parcel has used or is using the water delivered by the district in a manner that is causing or may cause loss or damage to property or loss or injury to any person. (2) A district may stop the delivery of water to a parcel subject to an annual agreement or terminable agreement if the district is of the opinion that it may not be able to deliver sufficient water to the irrigation acres of the district or to the irrigation acres in a portion of the district. (3) If a district stops the delivery of water to a parcel under subsection (2), it must do so in the following order: (a) first, acres in a parcel subject to an annual agreement; (b) second, acres in a parcel subject to a terminable agreement. (4) If a district intends to stop the delivery of water under this section, it must provide written notice to the owner or lessee of the parcel at least 24 hours before the delivery of water is stopped.
15. Agreements Where a district enters into an agreement for a purpose specified in section 16, 17, 19, 19.1, 20 or 21, the district must do so in accordance with that section. Preparing national regulations for water resources management 247
16. Annual agreement (1) An owner or lessee of a parcel may apply to the district to enter into an annual agreement. (2) An annual agreement authorizes the delivery of water through the irrigation works of the district to that parcel for irrigation purposes. (3) An annual agreement is subject to the following: (a) that the parcel that is the subject of the agreement is assessed in accordance with section 95; (b) that the lessee of a parcel, if any, obtains the consent of the owner; (c) that the acres that are the subject of the agreement are added to the assessment roll; (d) that the agreement expires at the end of the calendar year; (e) that the acres that are the subject of the agreement are deleted from the assessment roll when the agreement expires.
17. Terminable agreements (1) An owner or lessee of a parcel may apply to the district to enter into a terminable agreement with the district. (2) A terminable agreement authorizes the delivery of water through the irrigation works of the district to that parcel for irrigation purposes. (3) A terminable agreement is subject to the following: (a) that the parcel that is the subject of the agreement is assessed in accordance with section 95; (b) that the lessee of the parcel, if any, obtains the consent of the owner; (c) that the acres that are the subject of the agreement are added to the assessment roll; (d) that the agreement provides that it is terminable at the option of either party on the giving of notice before March 1 in a calendar year; (e) that the acres that are the subject of the agreement are deleted from the assessment roll when the agreement expires or notice is given in accordance with clause (d).
19. Household purposes agreements (1) An owner or lessee of a parcel may apply to the district to enter into a household purposes agreement with the district. (2) A household purposes agreement authorizes the delivery of water through the irrigation works of the district for household purposes. (3) A household purposes agreement is subject to the following: (a) that a lessee of a parcel, if any, obtains the consent of the owner; (b) that the agreement provides that it is terminable at the option of either party on giving at least 60 days' notice of termination. (4) Water delivered to a parcel with irrigation acres may be used for household purposes on the same parcel without a household purposes agreement. 19.1. Rural water use agreements (1) An owner or lessee of a parcel may apply to the district to enter into a rural water use agreement with the district. (2) A rural water use agreement authorizes the delivery of water through the irrigation 248 Preparing national regulations for water resources management
works of the district for rural water use. (3) A rural water use agreement is subject to the following: (a) that a lessee of a parcel, if any, obtains the consent of the owner, (b) that the agreement provides that it is terminable at the option of either party on the giving of notice before March 1 in a calendar year, and (c) that the agreement specifies the maximum volume of water to be delivered per year. (4) The volume of water specified in an agreement under this section may not exceed 25 000 cubic metres.
20. Use of irrigation works agreements (1) In this section and section 21, "person" includes an individual or group of individuals, a partnership, a trust, a body corporate as defined in section 36(1) or a government. (2) Any person may enter into a use of irrigation works agreement with a district. (3) A use of irrigation works agreement authorizes the use of the irrigation works for purposes other than the delivery or removal of water. (4) If the use of irrigation works agreement is with an owner of a parcel, the parcel must be contiguous to, or have passing through it, (a) irrigation works of the district, or (b) a natural water body, watercourse or reservoir fed by water diverted by means of irrigation works of the district. (5) A use of irrigation works agreement under subsection (4) may include terms and conditions allowing the owner of the parcel to construct works specified in the agreement on the property of the district. (6) When a use of irrigation works agreement is entered into under subsection (4), the manager must file with the Registrar of Land Titles a notice that the parcel is subject to a use of irrigation works agreement. (7) On receiving a notice under subsection (6), the Registrar of Land Titles must endorse on the certificate of title to the land affected by the agreement a notice that the land is subject to a use of irrigation works agreement. (8) If a use of irrigation works agreement under subsection (4) is terminated for any reason, the manager must notify the Registrar of Land Titles that the parcel is no longer subject to a use of irrigation works agreement. (9) On receiving a notice under subsection (8), the Registrar of Land Titles must cancel the endorsement on the certificate of title made under subsection (7).
21. Water conveyance agreements (1) Any person may apply to enter into a water conveyance agreement with the district. (2) A water conveyance agreement may authorize (a) the delivery of water through the irrigation works of the district to an area for a purpose other than (i) the irrigation of irrigation acres recorded on the assessment roll of the district, (ii) the irrigation of acres included in an alternate parcel irrigation agreement, (iii) rural water use, or Preparing national regulations for water resources management 249
(iv) household purposes, (a.1) the delivery of water through the irrigation works of the district for any purpose specified in a water licence issued under the Water Act, or (b) the removal of drainage water, stormwater or wastewater from an area. (3) If a district refuses to enter into a water conveyance agreement, the district must give written notice to the applicant within 90 days from the application. (4) If a district fails to give written notice or fails to enter into an agreement within the time prescribed in subsection (3), the district is deemed to have refused to enter into a water conveyance agreement. (5) A written notice under subsection (3) must contain a statement of the right to appeal to the Council under section 167(1)(b)(iii). (6) If a water conveyance agreement is entered into under this section, the district must not deliver or remove water under the agreement until the other party to the agreement has complied with the requirements, if any, of the Water Act, the Environmental Protection and Enhancement Act and the regulations under those Acts.
2.3 Protection and Maintenance of Irrigation Infrastructure
Legislation may restrict the doing of things which jeopardize the safety of the canals and, generally, of the project infrastructure (I). Maintenance of system works by project beneficiaries may be a standard condition of a licence to occupy irrigated land (II), in addition to being the subject of emergency authority vested in properly empowered government officials (III and IV).
I - NEPAL - Irrigation Regulation, 1989 4.1 Some Activities may be Prohibited for the Security of Canal or any other Irrigational Structure 4.1.1 The Irrigation Officer may, for the security of Canal or any other irrigational structure and to prevent the theft of water, misuse or unauthorized use of water prohibit any person other than the person authorized by him from doing any one or all of the following works. 4.1.1.1 To enter into or to use, in any way, the land acquired for the construction of Canal or any other irrigational structure or the land ancillary to the Canal or any other irrigation structure. 4.1.1.2 To demolish, to obstruct or to bring change in the Canal or any other irrigational structure by any means. 4.1.1.3 To increase or decrease or change in anyway, the flow of water in a Canal or any other irrigational structure. 4.1.1.4 To pollute the water of a Canal or any other irrigational structure. 4.1.1.5 To destroy or misplace any sign or mark posted by the Irrigation Office. 250 Preparing national regulations for water resources management
4.1.1.6 To handle, destroy or misplace any machine or a part of it used in controlling the flow of water of a Canal or any other irrigational structure. 4.1.1.7 To drive, graze or leave astray any cattle in the area as prohibited by the Irrigation Officer. 4.1.1.8 To drive vehicle in the prohibited Irrigation Areas. Provided that the Irrigation Officer may grant permission to drive a vehicle without causing any harm to the Irrigation Area, on payment of the fee as prescribed by concerned Irrigation Office. 4.1.1.9 To cut, uproot or destroy in any way, any vegetation within the land covered by Canal or any other irrigational structure. 4.1.1.10 To cut the banks of the Canal or to change the course of in-let or outlet of any Canal or any other irrigational structure or to attempt to do so. 4.1.1.11 To do or to attempt to do anything which adversely affects or endangers the stability of a Canal or any other irrigational structure. 4.1.1.12 To control the flow of water by obstructing the current of the river or stream with an intent to lessen the utility of a Canal or any other irrigational structure. 4.1.1.13 To encroach a river, stream, fountain, pond or any part thereof where water flows or accumulates naturally, with an intent to affect adversely the irrigation system. 4.1.1.14 To pump-out without approval the water from a Canal or any other irrigational structure for irrigation purposes. 4.1.2 The Irrigation Officer shall display the notification of the prohibitions made under sub-rule 4.1.1 on the main places of concerned Irrigation Area and in the Irrigation Office for the information of the general public and a duplicate copy thereof shall be sent to the concerned Village or Town Panchayat, District Panchayat, District Office and Land Revenue office as well, for circulation and dissemination. 4.1.3 The Irrigation Officer may, as required, waive any of the prohibitions under sub- rule 4.1.1 by making necessary arrangements for the operation of Canal or any other irrigational structure built for the purpose of irrigation.
II - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 8. (1) ... (d) a licensee shall maintain to the satisfaction of the manager all irrigation channels and works on or serving his holding; ...
III - NEPAL - Irrigation Regulation, 1989 4.2 Emergency Repair and Maintenance be Made: 4.2.1 In case there is a probability of obstruction in irrigation or a possibility of a heavy public loss due to accidental demolition, damage or destruction in any way, of the dam, canal, branch canal, tertiary canal, field channel or any other irrigational structures which warrant immediate maintenance work and if prior approval is not possible for such maintenance due to the lack of time, the concerned Irrigation Officer shall, pending any approval, carry on the emergency maintenance work by utilizing the available resource on condition that the necessary approval shall be taken afterwards and inform his immediate senior official as soon as possible. Provided that the justification of such emergency maintenance work shall be clearly Preparing national regulations for water resources management 251
made in making request for the approval of such work. 4.2.2 The Irrigation Officer may ask for necessary assistance from the Water Users Group, Water Users Association, Water Users Association Co-ordination Committee or any other authority or local people in carrying out the emergency maintenance work pursuant to sub-rule 4.2.1 and it shall be the duty of all concerned to make available necessary workers including other assistance to the extent of their respective capacity, in the case of such request. 4.2.3 The labour made available by the local Panchayat, Water Users Association Coordination Committee, Water Users Association or Water Users Group pursuant to sub-rule 4.2.2 shall be paid as per the wage-rate fixed by the District Office of His Majesty's Government.
IV - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 24. The manager shall have power, in the event of any emergency, to order all licensees to undertake emergency repair work in any part of the scheme, and any licensee who refuses to obey any such order by the manager shall be guilty of an offence.
2.4 Charging for Project Water
Charging for irrigation water made available from public treasury funds, and thus recovering from water users (a) the capital outlays of construction and/or (b) the recurrent costs of operating and maintaining the project infrastructure is an issue fraught with policy and political overtones which influence the making of principal legislation and reverberate on the approach eventually adopted. For its part, subordinate legislation implements a policy decision to have users pay for project water by operationalizing the principle of liability to charges of project beneficiaries. This is accomplished by empowering the government in general or a designated official to set the rates of such charges (I), also in accordance with prescribed criteria (III), or by directly setting the rates of charges (VII). Other operational matters covered by subsidiary legislation concern the manner and frequency of payment (IV), waivers of charges due (II), collection of arrears of payment (V), and inducements to pay arrears (VI).
I - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 9. (1) A licensee shall pay to the manager, on demand, such rates in respect of water and other services in respect of his holding as shall be calculated in accordance with rates prescribed by the Minister from time to time. ... 252 Preparing national regulations for water resources management
II - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 9. ... (2) The whole or part of any rates prescribed under paragraph (1) of this regulation may be varied or remitted by the Minister, either generally or in any particular case, in his absolute discretion.
III - NEPAL - Irrigation Regulation, 1989 5.1 Water charge to be paid: ... 5.1.3 The rate of water charge shall be as determined by His Majesty's Government in the case of irrigation system run by His Majesty's Government itself or run through any project, whereas in the case of irrigation system run through any Development Board, the rate of water charge shall be as determined by such Board with the approval of His Majesty's Government. In determining the water charge following matters shall also be taken into account. 5.1.3.1 Area of the land to be irrigated. 5.1.3.2 Quantity of water to be provided. 5.1.3.3 Purpose for which water is to be utilized. 5.1.3.4 Kind of water resources. 5.1.3.5 Kind of crop to be cultivated 5.1.3.6 Maintenance, repair and operation cost of the irrigation system. 5.1.3.7 The investment cost of the irrigation system. ...
IV - NEPAL - Irrigation Regulation, 1989 5.1 Water charge to be paid: ... 5.1.6 The amount of water charge shall be paid to the concerned Irrigation Office or deposited in the revenue account of His Majesty's Government by the Water User. Provided that, in case where the water charge has been deposited in the revenue account, the evidence of such deposit shall be submitted to the Irrigation Office within fifteen days of such deposit. 5.1.7 The Irrigation Office shall give the receipt in a format as prescribed in Schedule 11 to the person who paid the water charge in the Irrigation Office and the Irrigation Office shall deposit immediately the water charge so received, in the revenue account of His Majesty's Government.
5.2 Time-Limit for the Payment of Water Charge: 5.2.1 Water charge shall be paid every year by the end of the month of Chaitra2. 5.2.2 A rebate of five percent of water charge shall be granted if it is paid before the end of the month of Falgoon3. 5.2.3 An extra charge of five percent shall be levied on the payment of water charge till the end of the month of Baisakh4 if it is not paid within the month of Chaitra. 5.2.4 An extra charge of ten percent shall be levied on the payment of water charge till the end of the month of Jestha1 if it is not paid within the month of Baisakh.
1 Omitted. 2 Corresponding to March-April. 3 Corresponding to February-March. 4 Corresponding to April-May. Preparing national regulations for water resources management 253
5.2.5 If not paid within the month of Jestha, the water charge shall be recorded as outstanding and such outstanding shall be realized in the same manner as if it were a punishment or a fine.
V - NEPAL - Irrigation Regulation, 1989 6.2 Team to be Deputed for Realization: 6.2.1 The Irrigation Office shall send a team, at least once each year, to the places where the person from whom the outstanding water charge, penalty, fine, imprisonment or dues imposed pursuant to the Act and entered into the record is to be realised. 6.2.2 The local panchayat and the members of the Water Users Group shall cooperate, as required, the team sent pursuant to sub-rule 6.2.1 in the work of making realizations. Such team may, as required, take the help of local administration and police and it shall be the duty of local administration and police to render such help. 6.2.3 The members of the team so deputed for the purpose of making realizations pursuant to sub-rule 6.2.1 shall get a reward of an amount equivalent to ten percent of the amount realized by them including their daily and travelling allowances.
6.3 To be Realized as Government Dues: The outstanding penalty, fine or water charge imposed under the Act shall be realized by the Irrigation Officer as government dues.
VI - NEPAL - Irrigation Regulation, 1989 8.3 Discount May be Granted for Paying the Arrears: 8.3.1 The concerned Irrigation Office may issue a notification for paying water charge or any other outstanding amount remaining due before the commencement of this Regulation. 8.3.2 In case a person, who pays the outstanding water charge or any other outstanding amount within the prescribed time-limit as prescribed in the notification issued pursuant to sub-rule 8.3.1, His Majesty's Government may give a discount at ten percent on such amount. 8.3.3 In case where a Water Users Group assists in realizing the arrears as mentioned in sub-rule 8.3.1, an amount equivalent to twenty-five percent of the realized arrears shall be given to such Water Users Group.
VII - AUSTRALIA - QUEENSLAND - Water Resources (Rates and Charges) Regulation, 1992
Schedule 1 - Water Charges 9. Burdekin River irrigation area or project (1) In these areas, the water year ends on 30 June. (2) The minimum annual account fee is: (a) for water from a channel: $354; and (b) for surface water: $177; and (c) for ground water: $88.50.
1 Corresponding to May-June. 254 Preparing national regulations for water resources management
(3) The following charges apply for water: (a) from a channel or regulated drain: (i) connected to Barratta Main Channel: (A) $4.13 for each ML of granted nominal allocation; and (B) $35.80 for each ML taken, up to the announced allocation; and (ii) other than from a channel or drain connected to the Barratta Main Channel: (A) $3 for each ML of granted nominal allocation; and (B) $35.80 for each ML taken, up to the announced allocation; (b) from a diversion from unregulated drains: $9.70 for each ML taken, up to the announced allocation; (c) from a regulated section of the Burdekin River: (i) $2 for each ML of granted nominal allocation; and (ii) $10.30 for each ML taken, up to the announced allocation; (d) from the Giru ground water area or a watercourse supplemented from Haughton main channel: (i) $3 for each ML of granted nominal allocation; and (ii) for a water allocation first issued before 1 March 1995: $16.40 for each ML taken, up to the announced allocation; and (iii) for a water allocation first issued on or after 1 March 1995L: $35.80 for each ML taken, up to the announced allocation; (e) from Glady’s Lagoon: (i) up to natural yield: nil; and (ii) other than from natural yield: (A) $3 for each ML of granted nominal allocation; and (B) $35.80 for each ML taken, up to the announced allocation. (4) An annual charge of $400 for each bore from which ground water is taken applies for the supply of water up to the announced allocation from the Burdekin ground water area. (5) The following charges apply for each ML of water taken over the announced allocation: (a) from a channel or from a watercourse supplemented from a channel: $68.80; (b) from a regulated section of the Burdekin River: $42.30; (c) from a diversion from unregulated drains: $39.70; (d) from the Giru ground water area: $68.80; (e) from the Burdekin ground water area: $30.
Schedule 2 - Nominal Allocation Charges 5. Burdekin River Irrigation Area or Project (1) For supply from a channel, regulated drain, the Giru ground water area or a watercourse supplemented from a channel ...... 250.00 (2) For supply from a regulated section of the Burdekin River ...... 100.00 (3) For supply from ground water in the Burdekin Ground Water Area to a holding not having access to supply from a channel system or a regulated section of a watercourse ...... 100.00 (4) For supply from ground water in the Burdekin Ground Water Area to a holding having access to supply from a channel system or a regulated section of a watercourse ...... nil Preparing national regulations for water resources management 255 2.5 Law Enforcement
Subsidiary legislation may penalize violations of regulatory prescriptions (I), and it may provide designated government officials with authority to prescribe or take action to stop such violations or to remedy their consequences (II) or of the negligence of project beneficiaries in connection with the use of irrigated land and the water which goes with it (III).
I - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 26. Any person who: (a) unlawfully interferes with the flow of irrigation water in canals or the opening or closing of control gates within the area; (b) makes unlawful use of irrigation water by taking irrigation water out of turn or otherwise; (c) refuses to permit the authorized passage of irrigation water across his holding; (d) wilfully damages or obstructs canals or control works; or (e) refuses to accept or drain off irrigation water when required to do so, shall be guilty of an offence. 27. (1) Any person who is guilty of an offence under these Regulations shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both such fine and such imprisonment. (2) Where any person is convicted of an offence under regulation 4¹, regulation 14(4)² or regulation 22(7) of these Regulations³, the court may, in addition to any penalty which it may impose, authorize any administrative officer or police officer to cause such person, together with his dependants and property, if any, to be removed from the scheme.
II - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 12. The manager shall have power to order the destruction of any crops planted in contravention of his instructions or of the provisions of these Regulations and to recover the expenses incurred from the licensee. No compensation shall be payable in respect of crops so destroyed.
16. ... (2) A licensee who fails to comply with the provisions of paragraph (1) of this regulation, or with any instructions issued by the manager thereunder, shall be guilty of an offence and where any additional undeclared stock is found in the possession of a licensee within the scheme, the manager may order a licensee to remove such additional stock from the scheme forthwith. (3) If a licensee fails to remove his additional stock in accordance with an order to that effect given by the manager under paragraph (2) of this regulation, the manager may confiscate and sell such additional stock, paying the proceeds thereof, less any expenses incurred by such confiscation and sale, to the licensee.
22. (1) Where the manager is satisfied that a licensee has failed to comply with any of the provisions of these Regulations or with any instructions given thereunder or under any other law for the time being in force, he may serve a notice in writing on the 256 Preparing national regulations for water resources management
licensee requiring him to comply with the said provisions, instructions or regulations within such time as is specified in the notice. (2) If the licensee fails within such time to comply with the requirements of such notice, the manager may, by notice in writing, call upon the licensee to show good cause, by a date specified in the notice, why his licence should not be terminated. (3) If the licensee fails to show good cause as aforesaid to the satisfaction of the manager, the manager may, with the approval of the committee, give notice in writing to the licensee requiring him to remove himself, his dependants and his stock from the scheme within a period specified in such notice. (4) A licensee who is given notice under paragraph (3) of this regulation may, within twenty-eight days of such notice, appeal in writing to the Minister whose decision shall be final. (5) If there is no appeal, the licence shall be deemed to have terminated on the date specified in the notice. (6) If there is an unsuccessful appeal, the licence shall terminate on such date as the Minister may specify. (7) Any person whose licence has been terminated under this regulation and who fails to comply with the terms of the notice given him shall be guilty of an offence.
III - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 17. (1) If, in the opinion of the manager, a licensee has been negligent in the use of his land, the use of irrigation water or the cultivation of his crops, the manager may direct him to take such steps as the manager may specify to remedy the effects of such negligence, and, in the event of a licensee failing to comply with any such directions, the manager may take such measures as he considers necessary to safeguard the crop and to preserve the holding and irrigation water, and may recover the costs of any such measures from the licensee. (2) If a licensee is absent owing to illness or any other reason, the manager may take such measures as he considers necessary to safeguard the crop and to preserve the holding and irrigation water and may recover the costs of any such measures from the licensee.
3. WATER USERS' GROUPS
Water users' groups play a very significant role in the management of water resources at field level in many parts of the world, particularly insofar as the distribution and use of irrigation water is concerned. Users' groups function in a variety of capacities, ranging from advisory to managerial and from coordinating to quasi-judicial. In principle, water users' groups can be formed and function under general legislation governing the associations of individuals. However, in view of their importance as an adjunct to policies aimed at mobilizing users' initiative and devolving to them selected governmental responsibilities particularly in the field of irrigation water management, the formation and functioning of water users' groups in Preparing national regulations for water resources management 257 general and of irrigation water users' groups in particular tend to be governed by specific legislation. In particular, as in the examples below, subordinate legislation provides rules for the formation, membership structure and functioning of groups, including in particular, a model internal statute (III).
I - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 3. (1) The Minister may appoint a committee for any scheme, such committee to be known as an irrigation committee, to be responsible for advising the manager on the general administration of the scheme in accordance with government policy. (2) Such committee may either be the District Agricultural Committee of the district in which the scheme is situated or may be composed of such members as the Minister may appoint.
II - NEPAL - Irrigation Regulation, 1989 3.1 Formation of Water Users Group: 3.1.1 In order to provide irrigation facilities and to manage the distribution system of water, the Irrigation Officer shall, on the basis of the physical setting and extent of irrigation facilities, divide the Irrigation Area into various blocks. A water users group consisting of persons selected among themselves by the Water Users, shall be constituted for each such block of the Irrigation Area. 3.1.2 In a Water Users Group there shall be five members including one representative from Irrigation Office. The person selected by the members from among themselves shall be the chief of the Water Users Group. 3.1.3 The working procedure of the Water Users Group shall be as determined by the members of the Water Users Group.
3.2 Functions, Duties and Powers of Water Users Group: 3.2.1 The functions, duties and powers of Water Users Group shall be as follows: 3.2.1.1 To construct, operate and maintain watercourse, channel and field channel. 3.2.1.2 To assist in the distribution of water to the land according to the cropping pattern and to arrange water for Water Users. 3.2.1.3 To assist in the realization of water charges. 3.2.1.4 To recommend, if needed, to take out the non-irrigated land from the list of the irrigated land. 3.2.1.5 To inform the Irrigation Officer, Water Users Association Coordination Committee and the concerned Water Users Association of any obstruction caused by any body in the implementation of this Regulation or of any work done by an individual in contravention of this Regulation. 3.2.1.6 To solve the problem arising between the Water Users within its area concerning the distribution of water. 3.2.1.7 To assist the person interested to construct new channel for irrigation in procuring land for constructing field channel. 3.2.2 The Water Users Group may give necessary directions to the Water Users within its area on the utilization of water for irrigation purposes. It shall be the duty of each Water User to abide by such directions. 258 Preparing national regulations for water resources management
3.3 Formation of Water Users Association: 3.3.1 A Water Users Association maybe formed in the area to be irrigated by every branch canal or in the absence of branch canal by the main canal, within the irrigation Area. 3.3.2 A Water Users Association consisting of a chairman, a secretary, at least two members selected from among themselves by the chiefs of all the Water Users Groups constituted within the area pursuant to sub-rule 3.3.11 and a representative of Irrigation Office, shall be formed. 3.3.3 The working procedure of the Water Users Association shall be as determined by the Association itself. 3.3.4 One or more Water Users Associations may be formed within an Irrigation Area depending on its physical setting and extension.
3.4 Functions, Duties and Powers of Water Users Association: 3.4.1The functions, duties and powers of the Water Users Association shall be as follows: 3.4.1.1 To coordinate different Water Users Groups within its Irrigation Area. 3.4.1.2 To recommend the Irrigation Officer regarding the distribution of water available for irrigation. 3.4.1.3 To do necessary repair and maintenance work of the tertiary or branch canal or sub-branch canal concerned with two or more than two Water Users Group and to mobilize people's participation for such work by making available the technical and other assistance from the Irrigation Office. 3.4.1.4 To initiate necessary work in conjunction with Irrigation Office for the dependable and appropriate irrigation system within its area. 3.4.1.5 To solve the problem arising between Water Users Groups within its area concerning the distribution of water. 3.4.1.6 To cause the auditing of the accounts of the Water Users Group and review its income and expenditure. 3.4.2 The Water Users Association may give necessary direction and advice to the Water Users Groups within its area in connection with the use of water to be distributed for irrigation. It shall be the duty of the Water Users Groups to abide by such directions and advice.
3.5 Formation of Water Users Association Coordination Committee and its Functions, Duties and Powers: 3.5.1 In case where there are more than three Water Users Associations within an Irrigation Area, a Water Users Coordination Committee having the chairman of each Water Users Association as member of the Committee, shall be formed. 3.5.2 One member, selected by the members of the Water Users Association Coordination Committee, to be formed pursuant to sub-rule 3.5.1, shall be the chairman and one other member so selected shall be the Member Secretary of the committee. One representative of the Irrigation Office shall also be included in the committee as its member.
1 Sic. Perhaps the reference should be to sub-rule 3.1.1. Preparing national regulations for water resources management 259
3.5.3 In case where there are only up to three Water Users Associations within one Irrigation Area the Water Users Associations shall from among themselves designate one Association to work as the Water Users Associations Coordination Committee. 3.5.4 The working procedure of the Water Users Association Co-ordination Committee shall be as determined by the committee itself. 3.5.5 The Functions, Duties and Powers of the Water Users Association Co- ordination Committee shall be as follows: 3.5.5.1 To co-ordinate between different Water Users Association. 3.5.5.2 To advise the Irrigation Officer with respect to the distribution of Water for Irrigation to the Water Users. 3.5.5.3 To solve the problem arising between Water Users Association relating to the distribution of water within the Irrigation Area. 3.5.6 The Water Users Association Co-ordination Committee may from time to time, give necessary directions to the Water Users Associations within its area and it shall be the duty of Water Users Association to abide by these directions.
III - SOUTH AFRICA - National Water Act, 1998 Schedule 5: Model Constitution Of Water User Association 1. Name of Association [Sections 91(1)(f), 93(1) and 94(2)] The name of the Association is [specify the name] (hereinafter referred to as "the Association").
2. Application of the National Water Act of 1998 to the constitution This constitution is subject to Chapter 8 of the National Water Act of 1998 (hereafter referred to as the Act) and Schedule 4 to the Act.
3. Objects of the Association The objects of the Association are: [briefly describe the objects] 4. Principal functions of the Association The principal functions to be performed by the Association in its area of operation are: [Note: The following are options. Others may be proposed. Choose and number your options.] To prevent water from any water resource being wasted. To protect water resources. To prevent any unlawful water use. To remove or arrange to remove any obstruction unlawfully placed in a watercourse. To prevent any unlawful act likely to reduce the quality of water in any water resource. To exercise general supervision over water resources. To regulate the flow of any watercourse by-- x clearing its channel; x reducing the risk of damage to the land in the event of floods; 260 Preparing national regulations for water resources management
x changing a watercourse back to its previous course where it has been altered through natural causes. To investigate and record-- x the quantity of water at different levels of flow in a watercourse; x the times when; and x the places where water may be used by any person entitled to use water from a water resource. To construct, purchase or otherwise acquire, control, operate and maintain waterworks considered to be necessary for-- x draining land; and x supplying water to land for irrigation or other purposes. To supervise and regulate the distribution and use of water from a water resource according to the relevant water use, by erecting and maintaining devices for-- x measuring and dividing; or x controlling the diversion of the flow of water.
5. Ancillary functions of Associations 1) The Association may perform functions other than its principal functions only if it is not likely-- a) to limit the Association's capacity to perform its principal functions; and b) to be to the financial prejudice of itself or its members. 2) Other functions of the Association may include: [Note: The following are options. Others may be proposed. Choose and number your options.] * Providing management services, training and other support services to- a) water services institutions; and b) rural communities. * Providing catchment management services to or on behalf of responsible authorities.
6. Founding members 1) The founding members of the Association are the members whose names appear in Annexure 1 of this constitution and who have been authorised by the proposed participants to act on their behalf in establishing the Association. 2) The founding members will, for purposes of arranging the first election of members of the Management Committee, be considered to be the Management Committee of the Association with powers and duties limited to arranging the election in accordance with this constitution.
7. Membership of the Association 1) The first members of the Association are the persons who, during the consultation process, indicated their willingness to become members of the Association and whose names appear in Annexure 2 of this constitution. 2) Application for new membership of the Association must be addressed to the Management Committee which must, at a meeting of the Committee, consider an application and approve it unless there is good reason to refuse it. Preparing national regulations for water resources management 261
3) An association must allow a person to become a member of the Association if directed by the Minister to do so. 4) A member may only resign as a member of the Association with the approval of the Management Committee, which may not unreasonably withhold its approval. [Note: A reason for not accepting a resignation would be, for example, if the resignation would detrimentally affect the Association's ability to meet its financial commitments in respect of infrastructure provided to serve the member concerned.]
8. Register of members All members must communicate their addresses from time to time to the person acting as secretary of the Association, who must keep a register of the names of members and of their addresses.
9. Rights of members 1) Membership of the Association does not give any member a right to any of the moneys, property or assets of the Association, but only gives members the privileges of membership, subject to such charges and reasonable restrictions as are imposed by the Management Committee from time to time. 2) A member whose application for membership has been approved is bound by the constitution and rules of the Association which are then in force or as they are subsequently amended.
10. Liability of members The liability of members is limited to the amount of unpaid charges and interest thereon owing by them to the Association. …
IV - PAKISTAN - The Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 1999 2. Definitions In these Rules, unless there is anything repugnant in the subject or context (1) "Act" means the Punjab Irrigation and Drainage Authority Act, 1997. (2) "Area Water Board" means an Area Water Board established under Section 14 of the Punjab Irrigation and Drainage Authority Act, 1997. ... (5) "Farmer" means a person who is directly engaged in agriculture and is paying Occupier's rate under the Canal & Drainage Act, 1873. (6) "Farmers Organization" means a Farmers Organization established under Section 14 of the Punjab Irrigation and Drainage Authority Act, 1997.
3. Farmers Organizations (1) A Farmers Organization may be formed on a distributary or a dam: Provided that, in special cases, a Farmers Organization may be formed with the approval of the Authority on a part of a distributary. (2) A Farmers Organization may form Sub-Farmers Organizations on a part of a distributary, a minor, a sub-minor, a group of water-courses or direct outlets within the area of a Farmers Organization established under sub rule (1). (3) The Authority shall, as soon as may be, take steps for the formation of Farmers 262 Preparing national regulations for water resources management
Organizations in such areas where an Area Water Board has been established: Provided that Farmers Organizations may be formed, with the approval of the Authority, in such areas where no Area Water Board has been established. (4) In the exercise of powers under this Rule, due regard shall be had to all factors relevant to the formation of Farmers Organization, such as topography, water demand, socio-economic aspects, technical feasibility and size of the irrigation system.
4. Membership (1) The membership of a Farmers Organization shall be available to all Farmers without any discrimination on the basis of sex, caste, religion and place of birth. (2) A Farmers Organization shall comprise members equal to number of water- courses in the area constituting the Farmers Organization. The Farmers of each water-course shall elect one such member from amongst themselves. (3) If a question arises as to the eligibility of a person to become a member of a farmers organization, it shall be decided by the Authority or a person authorized by the Authority.
5. Constitution Of Farmers Organization (1) A Farmers Organization shall comprise a 'General Body' and a "Management Committee". (2) The General Body of a Farmers Organization shall comprise the members of the Farmers Organization mentioned in sub rule (2) of Rule 4 above. (3) The Management Committee, of a Farmers Organization shall comprise such office bearers of the Farmers Organization as may be prescribed by the Authority. (4) The Management Committee shall perform the functions and exercise the powers of a Farmers Organization except such functions and powers as are exercisable by the General Body of the Farmers Organization. (5) The Management Committee shall be elected for a period of three years by the General Body of the Farmers Organization in accordance with the Regulations. (6) A person shall be disqualified to be elected as an office bearer of the Management Committee if he – (i) is below the age of 18 years on the date of his nomination; (ii) has not paid his Water Charges within a period of three months after these charges become due for payment; (iii) has been declared insolvent; (iv) has ceased to be a member of the Farmers Organization; (v) is of unsound mind; (vi) has been convicted of an offence which involves moral turpitude unless a period of 3 years has elapsed from the date of his conviction; or (vii) has been dismissed or removed from any public service unless a period of three years has elapsed since the said dismissal or removal.
13. Functions of Farmers Organizations Subject to the overall control of the Authority and, where an Area Water Board has been established, the Authority and the Area Water Board, a Farmers Organization formed and registered under these Rules may perform all or any of the following functions: Preparing national regulations for water resources management 263
(1) Manage, operate, and maintain the irrigation infrastructure including any hydraulic structures located on it, for which it has been established. (2) Obtain irrigation water supplies from the Authority or concerned Area Water Board at its head regulator, and pay the agreed amount to the Area Water Board concerned or the Authority in the manner agreed between the Farmers Organization and the Area Water Board concerned, or between the Farmers Organization concerned and the Authority. (3) Supply the irrigation water equitably and efficiently to the Farmers and other water users within its area. (4) Assess the water rates and other irrigation related charges to be collected from the water users. (5) Collect the water rates and other dues, fees and charges from the persons liable to pay them. (6) Levy and collect charges for additional services rendered by the Farmers Organization. (7) Collect surcharge from water users and drainage beneficiaries in case of default in payment of their dues. (8) Settle water disputes relating to the Farmers or other water users of the area. (9) Any other duty, function or responsibility which is incidental to or implied in the duties, functions, and responsibilities of the Farmers Organization.
15. Powers of Farmers Organizations (1) Subject to Rules 13 and 14, a Farmers Organization may exercise all powers which may be necessary and proper for the performance of functions entrusted to it. (2) Without prejudice to the generality of the provisions of sub rule (1), a Farmers Organization may exercise the powers and authority of a Divisional Canal Officer under the Canal and Drainage Act 1873 and any officer subordinate to him. (3) In the performance of its duties and functions entrusted to it under Rule 13 and Rule 14, a Farmers Organization may – (a) acquire, hold or dispose of movable property which is reasonably required for the carrying out of its functions. (b) enter into contracts in all matter relevant to its functions, duties and responsibilities. (c) engage, hire or employ such experts, advisors, consultants and other personnel, as may be necessary for the performance of its functions. (4) The Authority shall include in the Scheme mentioned in sub-rule (2) of Rule 14, the functions entrusted to the Farmers Organizations under Rules 13 and 14.
V - PAKISTAN - PUNJAB - Farmers Organizations - Conduct of Business Regulations, 1999 3. Rights of the Farmers A Farmer operating within the limits of a Farmers Organization shall have the right to (1) equitable share of water as per distribution criteria; (2) contest elections as per Rules/Regulations etc; (3) elect the representative of the Water Course; (4) have access to all the records of the Farmers Organization; 264 Preparing national regulations for water resources management
(5) have access to all the services provided by the Farmers Organization if he is entitled to such services; (6) make representations and complaints which shall be promptly attended to by the Management Committee.
4. Obligations of Farmers etc. A Farmer shall; (1) pay all water rates, charges and other dues as determined under the law; (2) provide his contribution for the maintenance or improvement of the water channels or drains; (3) participate in the activities of the Farmers Organization; (4) obey and observe all the provisions of the Act, Rules and Regulations; (5) inform the Managing Committee about the damage to the water channel, violations of water schedule, incorrect assessment, water thefts, etc; (6) allow inspection of his land, crops and irrigation system; (7) maintain his water channel so as to ensure the proper supply of water to other water users; and (8) obey and observe the lawful decisions of the Farmers Organization.
5. Duties and Responsibilities of the Farmers Organizations: A Farmer Organization shall: (1) faithfully observe and implement the provisions of the Act, Rules, Regulations and its Bye-Laws; (2) perform the functions assigned to it in good faith, and diligently, efficiently and to promote the public interest; (3) ensure that all Farmers get due share of water and make timely payments of their dues. VI. DRAINAGE OF LANDS
See also: II. PREVENTION AND CONTROL OF WATER POLLUTION
1. INTRODUCTION
The drainage of lands in general, i.e. disposing of excess water on it, including the drainage and reclamation of swamps and marshes for land development purposes, is the target of separate legislation designed to facilitate the disposal of such waters, and to prevent or minimize their harmfulness to human life, health and property.
This Chapter will deal separately with the drainage of lands and, in view of their environmental and other implications, with the reclamation of swamps and marshlands.
2. LAND DRAINAGE
Preventing and mitigating the damage to human life and property wrought by poor land drainage involves the construction of works designed to improve land drainage in general. In this connection, the legislation grants certain powers to government in relation to the construction and maintenance of works by, or with the financial participation of, concerned landowners. Relevant subsidiary legislation may lay down requirements for the exercise of such powers (I and V), the methodology of calculation of charges to be levied on land suffering from inadequate drainage, to finance the costs of improving land drainage (II and IV), and standard formats for the raising and collection of such charges (III). 266 Preparing national regulations for water resources management
I - UNITED KINGDOM - Land Drainage Act, 1991
Schedule 4 - Schemes for Small Drainage Works. 1. (1) Before making a scheme under section 18 of this Act, a local authority shall consult the NRA1. (2) Before making a scheme under section 18 of this Act, the NRA or a local authority shall give a notice under this paragraph: (a) to the owners and occupiers of land within the area to which the scheme relates; and (b) to any other persons appearing to the NRA or, as the case may be, that local authority to be affected by the scheme. (3) A notice under this paragraph is a notice in the prescribed manner of: (a) the intention of making the scheme; (b) the place where a draft of it can be inspected; and (c) the period (which shall not be less than thirty days) within which objections to it may be made to the NRA or local authority.
2. (1) Where any objections to a scheme are duly made and are not withdrawn: (a) the NRA or local authority shall send a copy of the draft scheme, together with copies of the objections, to one of the Ministers; and (b) the scheme shall not be made unless the draft is confirmed, with or without modifications, by one of the Ministers. (2) Before either of the Ministers confirms a scheme under this paragraph, he shall either: (a) cause a public local inquiry to be held; or (b) give to: (i) the NRA or, as the case may be, the local authority; and (ii) the persons by whom the objections are made, an opportunity of appearing before and being heard by a person appointed by him for the purpose.
3. (1) Where a scheme is made by the NRA or a local authority under section 18 of this Act, the NRA or, as the case may be, that authority shall send copies of the scheme to the owners and occupiers of land in the area to which it relates. (2) Where the NRA makes such a scheme it shall also notify the council of any county, district or London borough in which any of that land is situated.
II - UNITED KINGDOM - Drainage Charges Regulations, 1990 3. (1) For the purposes of ascertaining, under subsection (1) of section 49 of the principal Act, the amount per hectare of a general drainage charge for any time after 31st March 1990, the quotient referred to in paragraph (b) of that subsection shall cease to be calculated under paragraph (a) of that subsection but shall instead be calculated in accordance with the following provisions of this regulation.
1 National Rivers Authority. Preparing national regulations for water resources management 267
(2) The said quotient shall be determined by the application of the following formula:
A D ---- X ---- B E ------C where: A means the aggregate amount demanded by the precepts issued by the Authority in respect of the district under section 46(3) of the principal Act in respect of the financial year beginning in 1989; B means the aggregate amount of the estimated penny rate products on the basis of which the amount A was apportioned in pursuance of section 46(1) of the principal Act in respect of that financial year; C means the amount ascertained by dividing the amount A by the number of the relevant population of the district for the financial year beginning in 1990; D means the aggregate amount of the levies issued by the Authority in respect of the district under the National Rivers Authority (Levies) Regulations 1990 for the financial year in respect of which the drainage charge is raised; E means the relevant population of the district for the financial year in respect of which the drainage charge is raised. (3) For the purposes of this regulation, the relevant population of a district means the relevant population of each charging authority's area or (as the case may be) the part of that area which falls within the district, and for a financial year: (a) in relation to the area of an English charging authority, is the relevant population of the area for the year, calculated by the Secretary of State under paragraph 4 of Schedule 12A to the 1988 Act2; (b) in relation to the area of a Welsh charging authority, is the relevant population of the area for the year, calculated in accordance with the rules for the time being effective (as regards the year) under regulations made under paragraph 5(1) of the said Schedule 12A; (c) for part of the area of a charging authority, is the relevant population of that part for the year, calculated in accordance with the rules for the time being effective (as regards the year) under regulations made under paragraph 6(2) of the said Schedule 12A. …
5. Arrears of any drainage charge raised in respect of any time after 31st March 1990 may be recovered by the Authority in the same manner in which arrears of a non- domestic rate may, under the 1988 Act, be recovered by a charging authority.
III - UNITED KINGDOM - The Drainage Rates (Forms) Regulations, 1993 2. Form of drainage rate Every drainage rate made by an internal drainage board in respect of a period beginning after 31st March 1993 shall contain the particulars set out in Form 1 in the
2 I.e. the Local Government Finance Act, 1988. 268 Preparing national regulations for water resources management
Schedule to these Regulations. 3. Form of demand for drainage rates Every demand for payment of a drainage rate shall be in Form 2 in the Schedule to these Regulations or in a form substantially to the like effect.
Schedule - Form 1 - Particulars required to be set out in every drainage rate (1) The amount in the pound of the rate or, if a differential rating order is in force, the amount in the pound in each sub-district. (2) The period for which the rate is made (Note (i)). (3) If the rate is declared to be payable by instalments, the amount of each instalment and the date when it becomes due. (4) The date on which a resolution was passed by the internal drainage board authorising their seal to be affixed to the rate (Note (ii)).
NOTES: (i) The period for which a rate may be levied is the financial year (1st April to 31st March) (section 40(1) and 72(1) of the Land Drainage Act 1991). (ii) The seal of the internal drainage board must be affixed in pursuance of a resolution authorising it to be affixed (section 48(1) of the Land Drainage Act 1991).
Form 2 - Form of demand for payment of a drainage rate – See Appendix VI, page 399.
IV - CANADA – ALBERTA - Drainage Districts Regulations, 2001 1. Definitions In this Regulation, … (b) "agricultural use value" means the value of a parcel of land based exclusively on its use for farming operations; … (e) "farming operations" means the raising, production and sale of agricultural products and includes (i) horticulture, aviculture, apiculture and aquaculture, (ii) the production of livestock as defined in the Livestock and Livestock Products Act, and (iii) the planting, growing and sale of sod;
5. Making assessments (1) For the purposes of assessments of land in a drainage district, the valuation standard of the land is the agricultural use value of the land, regardless of whether the land is being used for farming operations. (2) An assessment of land in a drainage district must (a) be based on agricultural use value, … (3) An assessment must be based on the value of the land on January 1 of the assessment year in which the assessment is made.
V - UNITED KINGDOM - Drainage (Northern Ireland) Order, 1973 11. Preparation of drainage schemes (1) If the Ministry is of opinion that the carrying out— (a) of drainage works on a designated watercourse; or Preparing national regulations for water resources management 269
(b) of works on any designated sea defences; is expedient for the drainage of any land, the Ministry may prepare a scheme for the carrying out of those works, and for that purpose may make such surveys as shall appear to the Ministry to be necessary or expedient. (2) Every drainage scheme prepared by the Ministry shall contain such provisions as the Ministry may consider necessary for the protection of rights (including rights to water cattle or other animals) or interests affected by the scheme, and shall show, either in the body of the scheme or by means of appropriate maps, drawings, plans, sections and schedules annexed thereto, the following matters— (a) the watercourses, or the sea defences, proposed to be dealt with; (b) the land which will be drained or otherwise improved by the carrying out of the scheme; (c) the details of the drainage works proposed to be carried out in pursuance of the scheme, together with a description of the works to roads, bridges or culverts which will be necessary to enable the scheme to be carried out or to be effective for drainage purposes; (d) the manner in which it is proposed to implement. (3) Without prejudice to Article 37, the officers, agents and servants of the Ministry may, at all reasonable times, on production (if so required) of their authority, enter on any land and do there all such things as may appear to them to be reasonably necessary or expedient for the purposes of the preparation of a drainage scheme. (4) Every reference in this Order to a drainage scheme shall be construed as including every map, drawing, plan, section and schedule annexed to such drainage scheme.
12. Restrictions on drainage schemes The Department shall not confirm a drainage scheme unless— (a) it has complied with the requirements of Articles 12A to 12E in relation to the scheme; and (b) where a proposal for the scheme has been referred to the Commission under Article 12E(5): (i) the Commission has consented to the carrying out of the scheme; and (ii) the scheme is carried out in accordance with any conditions to which the consent is subject. …
13. Confirmation of drainage schemes (1) Where: (a) the Department has stated in accordance with Article 12A(3)(c) that it does not consider that the works specified in the proposed scheme are likely to have significant effects on the environment; and (b) no representations made in accordance with Article 12A(3)(d) are received in relation to those works within the time limit therein specified, it may, within 28 days of the expiration of the time limit referred to in Article 12A(3)(d) and, after considering any representations sent to it under Article 12A(4)(b) and after holding such enquiry, if any, as it considers necessary, by order confirm the scheme in whole or in part, either without modification or with such modifications as the Department thinks fit. (2) Subject to paragraph (3), where the Department has prepared an environmental 270 Preparing national regulations for water resources management
statement in relation to the works specified in a drainage scheme it may, after the expiration of 28 days from the expiration of the period of notice referred to in Article 12C(8)(a), and after holding such an enquiry, if any, as it considers necessary, by order confirm the scheme in whole or in part, either without modifications or with such modifications as the Department thinks fit. (3) Where the Department has prepared an environmental statement in relation to the works specified in the drainage scheme it shall not, under paragraph (2) confirm the scheme unless it has first taken into consideration— (a) the statement; (b) any information relevant to it and obtained pursuant to Article 12C(6) or (12); (c) the works specified in the drainage scheme; (d) any representations sent to it under Article 12A(3)(d); (e) any representations made in accordance with Article 12C(8)(a) within the time limit specified that sub-paragraph; (f) any representations made by another EEA State during consultations under Article 12D in relation to the likely environment effects of those works and which are received within the time limits therein specified; (g) the environmental factors specified in Schedule 2C; and (h) the determination made by the Department under Article 12E(2) or, as the case may be, any consent given by the Commission under Article 12E(8)(b). (4) Where having taken into consideration the matters specified in paragraph (3)(a) to (h), the Department decides to confirm a scheme in accordance with paragraph (2) it shall: (a) inform in writing any person or EEA State which made representations in accordance with Article 12A (3)(d), Article 12C(8)(a) or Article 12D of its decision and any reasons and considerations upon which it was based and that in making it the Department has taken into consideration the matters specified in paragraph (3)(a) to (h); and (b) by notice published in the Belfast Gazette and at least two local newspapers announce its decision and the considerations on which it was based and state that in making it the Department has taken into consideration the matters specified in paragraph (3)(a) to (h). (5) In this Article, modification includes a variation, addition or exception.
3. DRAINAGE AND RECLAMATION OF SWAMPS AND MARSHLANDS
Swamps and marshlands, and, generally, naturally occurring collections of stagnant water can be the source of nuisances primarily as breeding grounds of water-borne vectors of diseases - malaria-bearing mosquitoes being the classic example. On the other hand, such "harmful" view of these particular collections of water is contrasted by the wildlife-supporting function of wetlands, which is beneficial to the environment in general and to man. Preparing national regulations for water resources management 271 Reclaiming and draining swamps and marshlands may bring benefits in terms of increased availability of land and water resources for development, and abatement of the nuisances above-mentioned. On the other hand, it may be in conflict with a wetland's wildlife habitat function. In response to the potentially controversial nature of swamp and marshland drainage and reclamation projects, these tend to attract regulatory legislation for the vetting of the project, independent of a water use permit. If use of post- reclamation water is contemplated, separate water use permit requirements may have to be met.
Projects for the drainage and reclamation of swamps and marshes may attract specific permit requirements (IV), or permit requirements of general applicability to a spectrum of water utilizations and water development projects. Specific permit requirements focus on information to be provided concerning the proposed project (I and II), and on technical specifications of design and construction to be met, protection of water rights in the swamp to be drained, the effect of drainage on boundaries between landholdings demarcated by streams which have either been dried up or which have changed their course, and on separate permit requirements for the use of water developed as a result of a swamp reclamation project (III).
I - PHILIPPINES - Water Rules and Regulations 4. All applications shall be filed in the prescribed form, sworn to by the applicant and supported by the following: E. For a Permit for Drainage Purposes: 1. Brief description of project for which drainage scheme is necessary; 2. Location and layout maps of drainage works showing area to be drained, route of drainage canal and drainage outlet which should be a natural body of water or a natural waterway; 3. Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or Certificate of Registration in case of cooperatives. ...
II - KENYA - Water (General) Rules 47. If a permit is required involving reclamation and drainage, there shall be submitted, when so required by the Water Apportionment board, in addition to the general map required by rule 51 of these Rules: (a) a detail plan, showing the present area flooded or waterlogged, and the area proposed to be unwatered or reclaimed; (b) detail plans of the proposed works for lowering the level of the water, showing how the water will be carried away and where it will be discharged. 272 Preparing national regulations for water resources management
51. Every application for a permit to drain or reclaim a swamp shall be in form No. W.A.B.5 in the Second Schedule to these Rules, and shall be accompanied by a general map, drawn in indian ink or by means of other indelible process acceptable to the Water Apportionment Board on tracing cloth or other substantial material to such a scale as will allow all requisite details to be legibly recorded, signed and dated by the applicant, showing the boundaries of the swamp, the position of the body of water it is proposed to drain and the position of any dams, weirs, canals, channels, watercourses, bodies of water, flumes, wells, surface drains, subsoil drains or other works and lands, if any, which may be affected, the names of the land-holders and the land registration numbers and boundaries of the farms affected by the proposed works.
Form W.A.B. 5 - Application for a Water Permit for the Drainage and Reclamation of a Swamp - See Appendix VI, page 400.
III - KENYA - Water (General) Rules 52. (1) Whenever any proposal for the drainage and reclamation of a swamp involves the subsequent use by the applicant of all or any of the water conserved by the drainage or reclamation of such swamp, the applicant shall submit an application for a permit for the diversion, abstraction, storage or use of such water, and shall show, if possible, by gauging the flow of the stream at suitable points the expected conservation of water due to such drainage or reclamation. (2) All gaugings for this purpose shall, where conveniently possible, be made by means of a gauging weir or current meter.
53. Whenever a canal is used for the purpose of passing any water around or through a swamp, the bed of such canal shall be graded to the satisfaction of the Water Apportionment Board, and the side slopes thereof shall be constructed so that no sloughing of the banks occurs.
54. (1) No works involving the drainage of a swamp shall deprive of reasonable access to water any landholder with a licence, sanction or permit relating to such body of water except by agreement or on payment of compensation, or on supplying water from other sources or by other means, and the applicant concerned shall submit to the Water Apportionment Board all plans and documents showing his proposals to provide such landholder with access to water, and any agreements to this effect, and he shall, if his proposals include any works for supplying such landholder with water, submit an application for a permit. (2) Any question as to whether such access, compensation or supply is reasonable shall be decided by the Water Apportionment Board.
55. (1) If, owing to any works being constructed for the drainage or reclamation of a swamp, a body of water which constitutes the boundary of two or more properties ceases to flow between or to separate such properties or is diverted into a new course, the boundaries of such properties shall, unless readjusted by mutual agreement between the parties concerned, remain as before. (2) When such body of water is diverted into a new course the Water Apportionment Preparing national regulations for water resources management 273
Board may, under section 31 of the Act, declare the new course to be a watercourse, and may require the original course to be retained as a flood channel. IV - UGANDA - The National Environment (Wetlands, River Banks And Lake Shores Management) Regulations, 2000 11. Uses of wetlands (1) A person desiring to carry out any of the regulated activities listed in the Second Schedule or extract any wetland produce in a wetland shall make an application in Form A set out in the First Schedule to these Regulations.
12. Wetland resource use permit (1) Subject to the provisions of these Regulations, a person shall not carry out any activity in a wetland without a permit issued by the Executive Director. (2) Any person intending to carry out an activity listed in the Second Schedule to these Regulations shall apply to the Executive Director for a permit in Form A of the First Schedule. (3) The application in sub-regulation (2) shall be accompanied by the fee specified in the Fourth Schedule. (4) The Executive Director may issue a permit in Form B specified in the First Schedule permitting the use of wetland resources.
13. Rejection of permit (1) Where the Executive Director rejects an application made under sub-regulation (2) of regulation 13, the Executive Director shall - (a) state reasons, in writing, to the applicant; and (b) give the applicant the right to be heard either orally, or in writing, or both.
14. Revocation of permit The Executive Director may, at any time, after consultation with the lead agency, revoke a permit granted under these Regulations if he or she is satisfied that the conditions of the grant of the permit have not been complied with or that the continued use of the wetland is likely to be injurious to the community and the environment.
15. Temporary permits The lead agency may, after consultation with the Executive Director, grant temporary permits for the use of a wetland where- (a) there is need to irrigate an area pending a construction; (b) there is need to use water for emergency situations pending the availability of alternative sources of supply; (c) the wetland is needed for construction of a road, a building or other infrastructure; (d) a special research project requires the use of the wetland for a certain period of time; (e) there is an unforeseen delay in the use of the wetland pending the issuance of a permit.
16. Implied covenants 274 Preparing national regulations for water resources management
It is implied in any permit issued under these Regulations that the holder of any permit shall - (a) not substantially affect hydrological and ecological characteristics of the wetland beyond the terms and conditions contained in the permit; (b) keep and maintain the margins of the wetland for purposes of bilharzia and malaria control; (c) not assign the permit to any other person without the consent of the Executive Director; and (d) within a period of one year after the expiration or revocation of the permit, remove or restore the wetland to as near the state it was as possible immediately before the commencement of the permitted activities.
Second schedule - Regulated activities in a wetland (Regulation 11 & 12) … 4. Drainage …
First schedule – Form A - Application for a permit to carry out a regulated activity in a wetland, riverbank and lake shore – See Appendix VI, page 403. Form B - Permit to carry out a regulated activity in a wetland/riverbank/lake shore) – See Appendix VI, page 404. VII. CHARGING FOR WATER
See also: I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS V. IRRIGATION WATER DEVELOPMENT
1. INTRODUCTION
Charging for water has the dual connotation of charging for the use of the raw resource, i.e. paying for the privilege of diverting or storing or abstracting the natural resource for use; and charging for water being supplied to the public through a reticulation system to satisfy a variety of needs associated with habitation and economic activity. As mentioned in the Foreword, the latter exceeds the subject matter scope of this manual. Also, charging in connection with the use of water of government-funded irrigation schemes has been separately presented in Chapter V on IRRIGATION WATER DEVELOPMENT, sub-chapter 2.4. This Chapter will focus on mechanisms and procedures for charging for the use of the natural resource water in connection with an abstraction, diversion or storage.
Paying for the privilege of abstracting, diverting or impounding water for use has policy overtones which are addressed to in principal legislation and are reflected in basic provisions typically empowering the government to establish and administer a system of charges for water utilized under a permit. Subsidiary legislation provides the procedural and substantive details of implementation. These typically concern (a) the rates of charges and criteria for their calculation; (b) procedures for the payment and collection of charges, including collection of arrears of payment; (c) waivers of charges. The material of this Chapter is arranged under corresponding headings.
2. RATES OF WATER CHARGES
Water charges are calculated based on the rates and the criteria fixed by the legislation. Criteria for the calculation of charges, however, can also be found in subordinate legislation (IV). Flat rates based on block quantities of 276 Preparing national regulations for water resources management water nominally permitted to be abstracted under a permit may be used in view of the ease of administration of such a charging system (I and III). In the alternative, unit rates may be employed so as to calculate charges on the basis of the quantities of water allowed to be abstracted or the power allowed to be developed under a permit, or of water actually abstracted or power actually developed. The unit of measurement can be a given volume of water or the surface of land where water is applied. Moreover, rates can be structured in such a way that those who are allowed to abstract more water pay proportionately more per unit of water permitted to be abstracted than those who are allowed to abstract less (II).
I - MALAWI - Water Regulations, 1969 10. The fees and rents payable in respect of grants, easements, etc. shall be as are specified in the Second Schedule hereto: ...
Second Schedule - Rents - See Appendix VII, page 405.
II - PHILIPPINES - Water Rules and Regulations 7. Except when the appropriation is for family domestic purpose or when the quantity of water appropriated for agricultural use is not more than 5 litres per second, all appropriators shall pay to the Council in the manner provided under Section 6 thereof1, an annual water charge in accordance with the following Schedule: A. For the use of water when diverted/extracted from the natural source: Rate of Withdrawal Charge per litre/sec. (litres/second) 1) Not more than 30 P 0.50 2) More than 30 but not exceeding 50 0.75 3) More than 50 1.00 B. For the use of surface water at its natural location for fish culture: 1) For a surface area not to exceed 15 hectares - P20.00/ha. 2) For a surface area of more than 15 hectares - P300 plus P30/ha. of the excess over 15 hectares. For this purpose a fraction of a hectare shall be considered as one hectare. The Council may revise the above water charges or impose special water rates from time to time as the need arises taking into consideration, among others, the following: (a) Intended use of water; (b) quantity/rate of water withdrawal vis-a-vis other users taking into account the water bearing potential of the source; (c) Environmental effects; (d) Extent to which water withdrawal will affect the source; and (e) Development cost of bringing water from the source.
1 I.e. in postal money order through the Office where the application is filed. Preparing national regulations for water resources management 277
III – UGANDA - Water Resources Regulations, 1998 26. Water charges (1) A person referred to in regulation 3 or 101 shall pay Water the relevant annual water charge specified in the Second Schedule to these regulations. (2) A person shall pay the water charge referred to in subregulation (1) of this regulation whether or not that person is a registered user of water under regulation 10 of these regulations, or has been granted a permit under regulation 3 of these regulations. (3) The Director may, wherever, (a) the amount of water used by a person referred to in regulation 10 of these regulations has not been measured; (b) any device used to measure the amount of water used by a person referred to in regulation 10 has failed to measure the amount of water used accurately for all or any part of the preceding year; estimate the amount of water used by that person in the year and that person shall pay the relevant annual charge specified in the Second Schedule to these regulations. (4) The Director may specify, (a) any date or dates by which an amount of charge due under this regulation shall be paid; (b) that any amount of charge payable under this regulation may be paid in instalments. (5) A person who contravenes the provisions of subregulation (1) or (2) or this regulation commits an offence and is liable, on conviction, to the penalty specified in section 40 or 104 of the Statute.
Second Schedule – Fees and charges – See Appendix I, page 295.
IV – VIET NAM - Decree No. 68/1998 Detailing the Implementation of the Ordinance on Natural Resource Tax (Amended) Chapter I - Natural Resource Tax Payers and Objects 1. All organizations and individuals of all economic sectors, including: State enterprises: joint stock companies: limited liability companies: cooperatives: cooperation groups: private enterprises. production and/or business private households; foreign-invested enterprises or foreign parties to business cooperation contracts under the Law on Foreign Investment in Viet Nam; and other organizations and/or individuals that exploit natural resources in all forms shall have to pay natu ral resource tax as prescribed in Article I of the Ordinance on Natural Resource Tax (amended), except for those defined in Article 3 of this Decree.
2. All kinds of natural resources found within the inland areas, offshore islands, internal waters, territorial waters, exclusive economic zones and continental shelf under the sovereignty of the Socialist Republic of Viet Nam shall be subject to natural resource tax,. including: ... (7) Natural water, including: terrestrial water, underground water, except for
1 Holders of a water permit or a registered water work or use. 278 Preparing national regulations for water resources management
mineral water and natural thermal water already specified in Point 2 of this Article. ... Chapter II - Tax Calculation Bases and Natural Resource Tax Index 5. The bases for calculating natural resource tax are the actually exploited output of commercial natural resources, the tax calculation price and the tax rate.
6. The actually exploited output of commercial natural resources is the quantity, weight or volume of natural resources actually exploited in a taxation period, regardless of the purpose(s) of the exploitation of natural resources.
7. (1) The natural resource tax calculation price is the selling price of a natural resource product unit at the place of natural resource exploitation. (2) For natural resource of which the selling price has not been set yet, i.e. those exploited for further processing or those containing different compounds, the natural resource tax calculation price shall be determined on one of the following bases: - The selling price of the kind of exploited natural resource of equivalent value. - The selling price of the substance in primary form and the content of such substance in the exploited natural resource: or the prices of the substances in primary form and the content of each substance in the natural resource. - The selling price of the goods made of the exploited natural resource minus the production costs of such goods. (3) For natural water used for hydroelectric power generation, the natural resource tax calculation price is the selling price of commercial electricity; … The provincial/municipal People's Committees shall specify the specific tax calculation price for each kind of natural resource under the Ministry of Finance's guidance.
3. PAYMENT AND COLLECTION OF CHARGES
Detailed provisions may regulate the manner and frequency of payment of charges, and the recovery of charges, as in the example below.
AUSTRALIA - QUEENSLAND - Water Resources (Rates and Charges) Regulation, 1992 Part 3—Water Charges 16A. Notice for payment of charges or fees (1) A charge under section 13 or 16, or a fee under section 14: (a) may be made and levied: (i) for the period decided by the chief executive; or (ii) if the chief executive does not decide a period: quarterly; and (b) may be made and levied by giving written notice to the person to whom water is supplied; and Preparing national regulations for water resources management 279
(c) becomes payable on the day the notice is issued; and (d) must be paid within 30 days after the notice is issued; and (e) for any part of the charge or fee remaining unpaid after 30 days: accrues interest at the rate stated in section_5. (2) A notice given under subsection (1)(b) must state: (a) the amount of the charge or fee and the period for which it is levied; and (b) the time and place for payment; and (c) that any part of the charge or fee remaining unpaid after 30 days accrues interest; and (d) the interest rate. (3) Interest payable on any part of a charge under section 13 or 16, or a fee under section 14, remaining unpaid after 30 days applies from the day the notice is issued to the day the fee or charge is paid.
16B. Recovery of charges and fees (1) Any part of a charge under section 13 or 16, or a fee under section 14, that becomes payable under section 16A may be recovered by the chief executive by action in a court of competent jurisdiction. (2) Interest payable on a charge or fee may be recovered in the same way the charge or fee may be recovered.
18. Payment of a nominal allocation charge by instalments (1) This section applies if an owner of land pays a nominal allocation charge by instalments. (2) The owner must: (a) pay interest on the unpaid part of the charge; and (b) comply with the agreed terms for payment of instalments. (3) Interest on the unpaid part of the charge: (a) accrues from the day the nominal allocation is granted; and (b) is payable at a rate that is 1.5% above the QIDC business variable lending rate applying on the day each instalment is payable.
4. WAIVERS
Water charges can be waived or remitted under special circumstances, as determined also by subsidiary legislation. Such circumstances typically have regard to particular water user groups - e.g. the government - or the termination of a permit, as in the first example below. Hardship and other circumstances may also be taken into consideration for exemption or reduction of charges (II). 280 Preparing national regulations for water resources management
I - CANADA - BRITISH COLUMBIA - Regulation and Tariff of Fees, Rentals, and Charges under the Water Act 5.18 No rental shall be payable under this tariff in respect of any licence for any purpose which authorizes the use of water upon land reserved for Indians, provided that the land is not leased to or occupied or used by any person who is not an Indian.
5.20 No rental shall be payable in respect of any licence that authorizes the use of water in and about any fish-hatchery maintained and operated by the Government of Canada or the Government of British Columbia.
5.21 No fees, rentals, or other charges shall be payable in respect of any licence or permit where the Minister of Lands and Forests is the applicant or the holder of a licence or permit.
5.22 When a licence is cancelled or abandoned, the Comptroller may remit any outstanding rentals due in respect thereof.
II – VIET NAM - Decree No. 68/1998 Detailing the Implementation of the Ordinance on Natural Resource Tax (Amended) Chapter IV - Natural Resource Tax Exemption or Reduction 12. The natural resource tax shall be exempted or reduced in the following cases: ... (2) Natural resource-exploiting organizations and/ or individuals that, due to natural calamities, sabotages or unexpected accidents, suffer from losses of their natural resources which have already been declared and taxed, shall be considered for the exemption from the payable amount of natural resource tax on the lost volume of natural resources. In cases where they have already paid natural resource tax, the paid tax amount shall be reimbursed or deducted from the payable natural resource tax amount of the following taxation period if it is so agreed upon by the tax paying organizations and/or individuals. ... (5) Natural resource tax shall be exempted for natural water used for the generation of hydroelectric power, which is not transmitted into the national power grid. APPENDICES APPENDIX I
Forms under Chapter I ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS
2. THE GRANTING OF PERMITS FOR THE USE OF WATER
Step One - Filing of an application
Format of applications I - TANZANIA - Water Utilization (General) Regulations, 1975 Form A Application for Water Right (To be completed in quintuplicate) 1. Name of applicant...... 2. Postal Address...... 3. Particulars of land in respect of which application is made: (a) ...... District ...... Region (b)...... Location or Village (c) ...... Name (d) Land Office No.: ...... Ian (e) Hectarage ...... (f)* Freehold, leasehold, right of Occupancy for ...... years, (other interest): (g) Title of applicant: ...... (h) Name and address of owner of reversion, if any, other than the President (if none, state none):...... (i) Details of other sources of water used on the land:...... 4. Particulars of Water Right for which application is made: (1) ** Body of water. (2) Whether application made to *divert/dam/store/abstract. (3) Purpose.
Type of Use1*/** Details Amount of water to be abstracted/returned (a) Domestic: No. of persons. (b) Stock: No. of Stock.
* Strike out whichever does not apply. ** A separate application must be made in respect of each body of water. 284 Preparing national regulations for water resources management
(c) Irrigation: No. of hectars and crops. (d) Fish farming: Hectarage of Ponds. (e) Industrial: (f) Mechanical: Fall available: ft. Height of water to be lifted: ft. (g) Power: Fall available: ft. Horsepower to be developed. Type of power plant proposed. (h) Mining: Description of plant in use. Type of ore to be crushed or treated. (i) Public Supply: Total quantities of water: (4) Point of Intake. (5) Point of Return. 5. (a) Particulars of possible pollution. (b) Measures to be taken to avoid pollution. 6. Particulars of works. (a) Constructed. (b) to be constructed. 7. (a) Is application made for the grant to be made appurtenant to the land specified in paragraph 3? (b) If the applicant is not the owner of the land, has the owner been informed that application is made for such declaration? 8. The name and address of other users who may be affected by the grant of the water right for which application is made. Date ______Signature of Applicant ______If the applicant does not own the whole interest in the land, attach to this application the consent of the owner to the application that the grant be made appurtenant to the land. Use space below for a SKETCH MAP which must contain the following particulars: (a) The plan of the property and the adjoining properties. (b) The body of water referred to. (c) The point on the body of water where it is desired to abstract water or construct works and the line of furrow; and (d) the true North. If possible use a tracing from the plan attached to your title deeds.
NOTE: The applicant is requested to give the kilometers and simple description of the road to the property from the turn-off on a main road, or any well-known landmark, to facilitate inspection. Preparing national regulations for water resources management 285
II - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965
Model Form 1 Application for a Licence (Other than a Licence of Right) to Abstract Water from an Inland Water
APPLICANT 1. Name of applicant (in BLOCK LETTERS) ...... 2. Address of applicant to which communications about this application are to be sent ...... 3. Name and address of professional adviser or agent (if any) to whom communications about this application are to be sent ...... INLAND WATER TO WHICH THIS APPLICATION RELATES 4. Give the name of, or sufficient description to identify, the inland water (see note (a)) from which you propose the licence should authorise the abstraction (see note (b)) of water ...... POINTS OF ABSTRACTION TO WHICH THIS APPLICATION RELATES AND CLAIM TO BE ENTITLED TO MAKE THE APPLICATION (see note (c)) 5. In Table I below: (a) in column (1), enter the reference number, as shown on the map (see note (d)) accompanying this application, of each of the points at which you propose the licence should authorise abstraction from the inland water referred to in paragraph 4 above; (b) to show how you claim to be entitled (see note (e)) to make this application for a licence to abstract water at each point referred to in column (1): (i) in column (2), opposite the reference number at that point, enter: "occupier" - if you are the occupier of land contiguous (see note (f)) to the inland water at that point; or "potential occupier" - if you have entered into negotiations to acquire an interest which will entitle you to occupy such land; or "potential right of access" - if you expect to have a right of access to such land; and (ii) in column (3), specify the land (by reference to the map accompanying this application)(see note (g)); and (iii) in column (4), opposite each entry in column (3) which is "potential occupier" or "potential right of access", specify the date upon which you expect to acquire the interest in, or the right of access to, the land. 286 Preparing national regulations for water resources management
TABLE I
Map ref. Occupation or Contiguous Expected date of no. of access land acquisition of interest or point right of access (1) (2) (3) (4)
PROPOSED MEANS OF ABSTRACTION AND METHODS OF MEASURING 6. In Table II below: (a) in column (1), enter the map reference number of each point of abstraction referred to in Table 1 above; (b) in column (2), specify the works (if any), and in columns (3) and (4) specify the type and capacity of the machinery or apparatus, by means of which you propose the licence should authorise abstraction at each point referred to in column (1); (c) in column (5), specify the way in which you propose the licence should require the quantities of water abstracted at each point referred to in column (1) to be measured or assessed. TABLE II
Means of abstraction Method of Measuring or assessing quantities abstracted (5) Machinery or apparatus Map ref. no. Type Capacity (in of point Work thousand (1) gallons per (2) (3) hour)(4)
Preparing national regulations for water resources management 287
WATER REQUIRED AND LAND ON WHICH AND PURPOSES FOR WHICH IT IS TO BE USED NOTE: If so desired, map reference numbers may be bracketed together in column (1) of Table III below for the purpose of specifying in column (2) an aggregate quantity in respect of a group of points of abstraction (see note (h)).
7. In Table III below: (a) in column (1), enter the map reference number of each point of abstraction referred to in Table I above; (b) in the remaining columns specify under the appropriate headings the quantities of water you propose the licence should authorise to be abstracted at each point referred to in column (1) in the various periods, and the land (see note (i)) on which, and the purposes (see note (j)) for which, you propose the licence should authorise water abstracted at each point to be used, showing which quantity relates to which period, purpose and land, etc. (see note (k)).
TABLE III
Maximum quantity (in thousand gallons) Map. per year per day per hour Period (e.g. Purpose Land ref. or Nov.-Feb., no. of other any period point period of … specified consecutive in days in col. 5 (3) (4) March - (6) (7) (1) (2) May, etc.) (5)
SPRAY IRRIGATION 8. If the purposes specified in column (6) of Table III above consist of or include spray irrigation- (a) in Table IV below: (i) in column (1), specify each crop you propose to irrigate; (ii) if you propose to irrigate any crop during a particular period or periods of the year, specify the period(s) in column (2); (iii) in column (3), specify the acreage of each crop; 288 Preparing national regulations for water resources management
(iv) in column (4), specify the maximum number of inches of water you propose to apply to an acre of that crop annually or, if any period is specified in column (2), in that period; and (b) specify the maximum number of acres you propose to irrigate daily ......
TABLE IV
Crop Period (e.g. April-June, Acreage Maximum no. of any period of .. inches to be consecutive days in applied per acre (1) March-May, etc.) (3) per year or period (2) (4)
DISCHARGE OF WATER AFTER USE (see note (l)) 9. In Table V below: (a) if you propose to discharge water after it has been used for any purpose specified in column (6) of Table III above, specify that purpose in column (1); (b) in column (2), enter the approximate proportion of any quantity of water used for that purpose is likely to be discharged after use; (c) in column (3), opposite each entry in column (2), specify the point of discharge, e.g., where the water will enter an inland water (giving the name of, or sufficient description to identify, the inland water), where it will enter a public sewer (giving the name of the sewerage authority), where a soakaway will discharge, etc.
TABLE V
Purpose Approximate proportion Point of discharge (1) (2) (3)
Preparing national regulations for water resources management 289
POINTS OF ABSTRACTION TO BE USED IN CONJUNCTION NOTE: You need not make any entries in Table VI below unless you wish to use any of the points of abstraction referred to in Table 1 above in conjunction with points of abstraction not referred to in that Table.
10. In Table VI below: (a) in column (1), describe (if practicable, by reference either to the map accompanying this application or to the relevant licence under the Act or to the relevant application for a licence) the location of each point of abstraction which you wish to use in conjunction with the points of abstraction referred to in Table I above (whether simultaneously or as an alternative or otherwise); (b) in column (2), give the name of, or sufficient description to identify, the inland water or underground strata (see note (m) (e.g. Chalk, Lower Greensand, etc.), from which you are abstracting or propose to abstract water at that point; (c) in column (3), specify the serial number of the licence under the Act (if any) which authorises the abstraction of water at that point or the date of your application (if any) for such a licence.
TABLE VI
Point of abstraction Inland water or Serial no. of licence or (1) underground strata date of application (3) (2)
OTHER MATTERS 11. Have you asked any water undertakes for a supply of water for any of the purposes specified in column (6) of Table III above (see note (n))? ...... If so, state when, which purposes, and with what result ...... 12. Is the licence required only for a limited period? .... If so, for how long? ...... 13. Give details of any other matters which you wish the River Authority to take into account in considering this application (e.g. the facilities which will be available on your land for storing water abstracted under the licence, how the maximum use is made of existing supplies, the extent to which the water abstracted under the licence will be re-used, matters to which you have had regard in formulating your proposals in this application, the reasons for your proposals as to quantities, etc.) ...... 290 Preparing national regulations for water resources management
FORMAL APPLICATION I hereby apply to the ...... River Authority for a licence under the Water Resources Act 1963 to abstract water in accordance with the proposals indicated above, and I declare that to the best of my knowledge the statements made above are true. I enclose with this application copies of the newspaper(s) dated ...... and ...... in which the notice in the form prescribed by the Water Resources (Licences) Regulations 1965 was published. I declare that the notice was also published in the London Gazette dated ... and that a copy of the notice was served on ...... on the following authorities in accordance with section 28(1)(b) of the above-mentioned Act (see notes (c) and (o): ...... I also enclose the map required by the above mentioned Regulations of 1965. I *[also enclose] [can produce] the following evidence for the purpose of satisfying the River Authority that I am entitled to apply for a licence to abstract at the points of abstraction to which this application relates: ...... Signed ...... *[Authorised on behalf of ...... ] Date ...... * Delete where inappropriate It is an offence to make a false statement in applying for a licence. (See section 115 (1) of the Act.) NOTES (a) For the meaning of "inland water", see section 135(1) of the Act. (Section 2 is also relevant). (b) For the meaning of "abstraction", see section 135(1) of the Act. (c) The British Waterways Board applying for a licence in respect of abstraction from an inland water to which section 131 of the Act applies need not make any entries in column (2), (3) and (4) of Table I, or make the declaration in the FORMAL APPLICATION about service. (d) The Water Resources (Licences) Regulations 1965 require the application to be accompanied by an ordnance map showing certain particulars. (e) See section 27 of the Act and the above-mentioned Regulations of 1965. (f) For the meaning of "contiguous", see section 135(7) of the Act. (g) E.g. "the land coloured blue on the map". (h) If so desired, entries in columns (3) and (4) of Table III may be omitted. Attention is, however, drawn to sections 29(8)(a) and 30 of the Act under which it will be open to the River Authority to specify a quantity in respect of each point of abstraction and to lay down maximum quantities for any specified period (e.g. weekly, daily, hourly) if they see fit to do so. (i) E.g. "the land hatched black on the map". (j) Purposes should be described as follows: Preparing national regulations for water resources management 291
- water undertaking - spray irrigation - cooling purposes - use in a process of manufacture (other than for cooling purposes) - use as means of conveying any material as a slurry or otherwise - other uses (briefly described), e.g. agriculture or horticulture, other than spray irrigation (k) Water undertakers applying for a licence to abstract water for the purposes of their water undertaking should enter "water undertaking" in column (6) but need not make any entries in column (7) or Table III. (l) Water undertakers applying for a licence to abstract water for the purposes of their water undertaking need not make any entries in Table V. (m) For the meaning of "underground strata", see section 135 (1) of the Act. (n) Water undertakers applying for a licence to abstract water for purposes of their water undertaking need not answer this question. (o) Certain of the authorities mentioned in section 28(1)(b) of the Act are defined in section 135(1).
III - MALAWI - Water Regulations, 1969 Form WRB.1 Application for a Grant of Water Right/Certificate of Existing Water Rrights* (Surface Water Only)
This form is to be submitted in triplicate, to The Chairman of the Water Resources Board.
NOTES 1. This form is applicable only for applications involving the diversion, extraction or use of surface water and is not applicable to groundwater - application for which should be made on form WRB.2. 2. Parts I, II and III are to be completed by all applicants. Schedules A, B, C, D, E, and F to be completed as appropriate. 3. All applications must be accompanied by Maps/Plans (see section 18). 4. Instructions for completing this form are given on page 439. 5. Only Part I should be completed in respect of applications for renewals of an existing grant under identical conditions.
* Delete as appropriate. 292 Preparing national regulations for water resources management
PART I
(1) Full name/s of applicant/s
(2) Address - Residential - Postal (3) *Give details of existing right. (If space is not sufficient please give details on a separate sheet attached to the application.) NOTE: This paragraph is only applicable to applications to record an existing right under the Act
(4) State whether: (a) Owner (b) Manager (c) Agent If (b) or (c) give name and address of owner.
(5) Name and location of farm, estate or holding for which water is required.
(6) Particulars of land: (a) State freehold or leasehold (b) If leasehold give date of expiry of lease (c) Registered No. and date of registration (d) Acreage Preparing national regulations for water resources management 293 IV - JAMAICA - Water resources regulations, 1995 (Fourth Schedule of the Water Resources Act, 1995) FORM A
(Regulation 3 (1)) (To be completed in duplicate) Application No...... THE WATER RESOURCES ACT APPLICATION FOR A LICENCE TO ABSTRACT AND USE WATER
1. Name of Applicant ...... 2. Address of Applicant...... 3. Location of proposed work or of existing work in respect of which alteration or extension is proposed ...... 4. Name of Contractor ...... 5. Address of Contractor...... 6. Source of water for which licence is desired ...... 7. Purpose for which water is to be used ...... 8. If water is required for irrigation, state (a) area and crop type to be irrigated ...... (b) system of irrigation ...... 9. Means of disposal of excess or waste water ...... 10. Technical details: (i) Estimated depth of borehole or well ...... metres (ii) Diameter of borehole or well ...... centimetres (iii) In the case of artesian supplies, the method proposed for controlling the flow from the borehole and for preventing leakage around the borehole lining ...... (iv) Geological strata from which water is to be drawn. e.g. limestone, gravel. Etc...... (v) State the method of abstracting water ...... (vi) Maximum daily quantity of water to be abstracted in cubic metres ...... (vii) Type of apparatus proposed for measuring and recording the rate of abstraction ...... (viii) Other relevant technical information ...... 11. State whether any request for a supply of water has been made to the National Water Commission or National Irrigation Commission Ltd. and, if so, with what result ...... 12. Any further informaltion which the Authority may take into account in considering the application ...... Note: Completed forms must be accompanied by: (1) two copies of a map on a scale of 1:50,000 showing location of works; (2) such other documents as the Authority may require; and (3) the relevant fee. I hereby apply for a licence under To be completed by the Secretary of the Authority Indicate whether licence granted or refused ...... Date of grant or refusal of licence ...... If application refused, reason for refusal ...... ...... Secretary , Water Resources Authority. ...... Date V - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 FORM 11 Regulation 8(1) NORTHERN TERRITORY OF AUSTRALIA Water Regulations APPLICATION FOR A LICENCE TO TAKE OR USE SURFACE WATER Pursuant to section 45 of the Water Act Application No...... (office use only) 1. GENERAL Name of Applicant: ...... (surname) (given names) Postal Address: ...... Post Code ...... Phone No...... 2. PROPERTY DETAILS (a) Name of watercourse or water body from which water will be taken or used ...... (b) Details of property from where water will be taken or used - Lot ...... Section No...... Hundred of ...... Portion No...... Preparing national regulations for water resources management 295 Township ...... Lease No/name ...... (c) As an attachment to this application, provide a map showing the location of the proposed point of extraction, the location where the water is to be used, the method and route of conveying the water, and the lands in the immediate vicinity (i.e. lot, portion, section, lease numbers, boundaries, etc.). I am the 1*owner/*occupier/*lessee of the property (delete as necessary). 3. INTENDED WITHDRAWAL Approx Maximum (a) IRRIGATION Annual Weekly/ Area in Water Monthly Hectares Volume Volume (i) Permanent Planting (ii) Annual Crop (iii) Other (describe) TOTAL (b) INDUSTRIAL Type of Industry ...... Estimated Annual Usage ...... kilolitres (c) RECREATION/ENVIRONMENT Details ...... Estimated Annual Usage ...... kilolitres (d) COMMUNITY OR MULTI DWELLING SUPPLY Details ...... Estimated Annual Usage ...... kilolitres (e) OTHER Details ...... Estimated Annual Usage ...... kilolitres 4. ADDITIONAL INFORMATION (a) Previous Licence Number (if applicable) (b) Describe the proposed method of extraction of water (c) Will there be any waste water generated by the proposed use? If yes, state estimated quantity and proposed means of disposal (d) A licence is normally granted for two years. However, should you feel there are special circumstances that justify granting a licence for a period exceeding 2 years, full details must be attached to this application. (e) Additional comments/advice/information in support of application ...... * Information required only in those cases where water withdrawn is used for several purposes, one of which is domestic, stock or home garden. 296 Preparing national regulations for water resources management NOTE: ADVERTISING OF APPLICATION The Controller of Water Resources may give notice of this application to those likely to be affected by its approval. Signing of this application approves the advertising by the Controller of this application in one edition of a newspaper circulating generally in the locality of the proposed works. The cost of advertising shall be borne by the applicant. Applicant's Signature ...... Date ...... To: The Controller of Water Resources...... (address) Supporting documents V - UNITED KINGDOM – The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 SCHEDULE 2 Regulation 6(1) INFORMATION ABOUT PROPOSED PROJECT 1. A description of the project, including in particular: (a) a description of the physical characteristics of the whole project and the land-use requirements during the construction and operational phases; (b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used; (c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project. 2. An outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects. 3. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors. 4. A description of the likely significant effects of the proposed project on the environment resulting from: (a) the existence of the project; Preparing national regulations for water resources management 297 (b) the use of natural resources; (c) the emission of pollutants, the creation of nuisances and the elimination of waste, and the description by the developer of the forecasting methods used to assess the effects on the environment. 5. A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment. 6. A non-technical summary of the information provided under the above headings. 7. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information. Payment of filing fees IV – UGANDA - Water Resources Regulations, 1998 SECOND SCHEDULE [Regulation 3(2)(b), 8(3)] THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 (Statute No.9 of 1995) The Water Resources Regulations. 1998 FEES AND CHARGES (Regulations 10(3), 16(4).26(3)) FEES AMOUNT (USHS) 1. For processing application for: (a) registration of existing works or use 100.000= (b) a water permit 450.000= (c) renewal of a water permit 50.000= (d) an easement 100.000= (e) drilling permit 500.000= (f) a construction permit 500.000= (g) renewing a drilling permit 500.000= (h) renewing a construction permit 500.000= ANNUAL CHARGES AMOUNT (USHS) 298 Preparing national regulations for water resources management 1. For laking and using water under a water permit (a) up 10 400 cubic metres per day 200.000= (b) more than 400 cubic metres per day but less than 1000 cubic metres per day 1.000.000= (c) 1000 cubic metres per day or more 3,000,000= 2. For operating any works which impound water for non-consumptive uses e.g. for hydropower of 10-50 megawatts 1.000.000= 50-100 megawatts 5.000.000= over 100 megawatts 20,000.000= Step Three - Review of applications IV - UNITED KINGDOM - Water Resources (Licences) Regulations Form N1 Notice of Application for Licence to Abstract Water Notice is hereby given that an application is being made to the (a) ...... River Authority by (b)...... for a licence to abstract the following quantities of water from (c) ...... at the following point(s) of abstraction: (d) ...... gallons per (e) ...... at (f)...... *[(d) ...... gallons per (e) ...... at (f) ...... ] *[(d) ...... gallons per (e) ...... at (f) ...... ] *[(d) ...... gallons per (e) ...... at any point between (g) ...... and ...... ] *[Further details of the application are: (h) ...... ] A copy of the application and of any map, plan or other document submitted with it may be inspected free of charge at (i) ...... at all reasonable hours during the period beginning on (j) ...... and ending on (k) ...... Preparing national regulations for water resources management 299 Any person who wishes to make representations about the application should do so in writing to the Clerk of the (a) ...... River Authority at (l) ...... before the end of the said period. ...... Signed ...... * On behalf of ...... Date ...... * Delete where inappropriate (a) Insert name of River Authority. (b) Insert name and address of applicant. (c) Insert name of, or sufficient description to identify, the inland water or underground strata. (d) Insert number of gallons. (e) Insert period. (f) Specify (by reference to identifiable geographical features or to Ordnance Survey national grid map co-ordinates, followed by names of civil parish and district) the point of abstraction. (g) Specify (by reference as mentioned in note (f) above) any points between which it is proposed to abstract by mobile means of abstraction. (h) Give further brief details, if desired. (i) Insert an address within the locality of the point(s) of abstraction. (j) Insert a date which is not earlier than the date on which the notice is first published in a newspaper other than the London Gazette. (k) Insert a date which is not less than 28 days from the date on which the period begins and not less than 25 days from the date on which the notice is published in the London Gazette. (l) Insert address of office of River Authority to which the application is transmitted. Form N2 Notice of Application for Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works Notice is hereby given that an application is being made to the (a) ...... River Authority by (b) ...... for a licence to obstruct or impede the flow of (c)...... by means of (d)...... at (e)...... * [The object of impounding water by means of the works is (f) ...... ] *[The capacity of the reservoir at overflow level will be (g) ...... gallons ] 300 Preparing national regulations for water resources management * [Further details of the application are: (h) ...... ] A copy of the application and of any map, plan or other document submitted with it may be inspected free of charge at (i) ...... at all reasonable hours during the period beginning on (j) ...... and ending on (k) ...... Any person who wishes to make representations about the application should do so in writing to the Clerk of the (a) ...... River Authority at (l) ...... before the end of the said period. ...... Signed ...... * On behalf of ...... Date ...... * Delete where inappropriate (a) Insert name of River Authority. (b) Insert name and address of applicant. (c) Insert name of, or sufficient description to identify, the inland water. (d) Insert brief description of works it is proposed to construct or alter. (e) Specify (by reference to identifiable geographical features or to Ordnance Survey national grid map co-ordinates, followed by names of civil parish and district) the point at which the flow of the inland water will be obstructed or impeded by means of the works. (f) Specify object, if the works are for impounding water. (g) Insert number of gallons, if the works are for impounding water. (h) Give further brief details, if desired. (i) Insert an address within the locality of the works. (j) Insert a date which is not earlier than the date on which the notice is first published in a newspaper other than the London Gazette. (k) Insert a date which is not less than 28 days from the date on which the period begins and not less than 25 days from the date on which the notice is published in the London Gazette. (l) Insert address of office of River Authority to which the application is transmitted. Preparing national regulations for water resources management 301 Form N3 Notice of Application for a Combined Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works and to Abstract Water Notice is hereby given that an application is being made to the (a) ...... River Authority by (b) ...... for a combined licence to obstruct or impede the flow of (c) ...... by means of (d) ...... at (e) ...... and to abstract (f) ...... gallons of water per (g) ...... from the said inland water at or near that point. The capacity of the reservoir at overflow level will be (h) ...... gallons. * [Further details of the application are: (i) ...... ] A copy of the application and of any map, plan or other document submitted with it may be inspected free of charge at (j) ...... at all reasonable hours during the period beginning on (k) ...... and ending on (l) ...... Any person who wishes to make representations about the application should do so in writing to the Clerk of the (a) ...... River Authority at (m) ...... before the end of the said period. ...... Signed ...... * On behalf of ...... Date ...... * Delete where inappropriate (a) Insert name of River Authority. (b) Insert name and address of applicant. (c) Insert name of, or sufficient description to identify, the inland water. (d) Insert brief description of works it is proposed to construct or alter. 302 Preparing national regulations for water resources management (e) Specify (by reference to identifiable geographical features or to Ordnance Survey national grid map co-ordinates, followed by names of civil parish and district) the point at which the flow of the inland water will be obstructed or impeded by means of the works. (f) Insert number of gallons. (g) Insert period. (h) Insert number of gallons. (i) Give further brief details, if desired. (j) Insert an address within the locality of the works. (k) Insert a date which is not earlier than the date on which the notice is first published in a newspaper other than the London Gazette. (l) Insert a date which is not less than 28 days from the date on which the period begins and not less than 25 days from the date on which the notice is published in the London Gazette. (m) Insert address of office of River Authority to which the application is transmitted. VII - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 FORM 12 Regulation 8(2) NORTHERN TERRITORY OF AUSTRALIA Water Regulations NOTICE OF APPLICATION Pursuant to section 45 of the Water Act I, ...... (the Controller) hereby give notice of an application for a Permit under section 45 of the Water Act to take or use water from ...... (name of water course) at ...... for use on (proposed point from which water is to be taken) land situated at ...... (description of land) Any enquiries concerning this application should be directed to(name of person). Any objection to the issue of such a Licence must be forwarded in writing to reach me at(address), within 30 days of the date hereof. Dated ...... Controller of Water Resources ______Preparing national regulations for water resources management 303 Step Five - Formatting of permits I - TANZANIA - Water Utilization (General) Regulations, 1975 Form E Provisional/Final Grant of Water Right No.: Zone: Region: 1. Name of holder: 2. Address: 3. Particulars of Water Right: 4. This right is/is not appurtenant to: 5. Works 6. Whether grant subject to construction of works specified in paragraph 5 and date by which works to be completed: 7. This water right is granted subject to the provisions of the Water Utilization (Control and Regulation) Act, 1974 and the special terms and conditions specified overleaf. Date Water Officer II - MALAWI - Water Regulations, 1969 Form WRB.3 Grant/Certificate* of Water Right No...... of 19 ...... THIS GRANT made/CERTIFICATE given* the ...... day of 19 .... BETWEEN THE MINISTER OF THE MALAWI GOVERNMENT RESPONSIBLE FOR WATER RESOURCES (hereinafter called "the Minister") of the one part and (hereinafter called "the Grantee") of the other part WITNESSETH as follows: 1. IN CONSIDERATION of the covenants and subject to the conditions hereinafter contained or implied the Minister hereby grants/confirms* unto the Grantee subject to the provisions of the Water Resources Act and of the Regulations thereunder now in force or which may come into force during the continuance of this Grant/Certificate* or any renewal thereof for the term of ...... years from ...... the right and liberty but not exclusively to take water from the ...... river/stream (hereinafter called "the said river/stream") in accordance with the schedule hereto at an annual rent of £ to be paid in advance on the first day of April in every year. 304 Preparing national regulations for water resources management 2. THE Grantee hereby convenants with the Minister as follows: (i) to perform, observe and comply with the convenants and conditions implied by the Regulations made by the Minister under the Water Resources Act, 1969 and with any amendments or additions thereto which may from time to time be made by the Minister; (ii) to abstract water from the point marked on Survey Department Sketch Plan No. annexed hereto; and (iii) to take water from the said river/stream only for the purposes and at the rates specified in the schedule hereto. SCHEDULE MAXIMUM QUANTITY FOR ABSTRACTION galls. per minute galls. per day (a) Domestic (b) Public (c) Irrigation (d) Industrial (e) Power (f) Other TOTAL ..... Dated this ...... day of ...... 19 ...... In witness whereof the Minister/Chairman has signed in the presence of: Name ...... Address ...... Occupation ...... Minister of Natural Resources/ ...... Chairman, Water Resources Board Name ...... Address ...... Occupation ...... * Delete as appropriate Preparing national regulations for water resources management 305 III - KENYA - Water (General) Rules Form WAB.16 Authorization to Construct Works for the Diversion, Abstraction, Storage or Use of Water File No...... No...... Date ...... Name of body of water ...... Drainage area ...... Number permit will bear if or when issued ...... Number of authorization ...... (full name) of ...... having filed the necessary application, map and plans, and having complied with the provisions of the Water Act and the Rules thereunder relating to the applications for water permits, is (are) hereby authorized to construct, subject to the acquisition of the necessary rights of way or easements therefor, if any, the works shown by the said application, map and plans in accordance with the provisions of the Water Act, the Rules thereunder and the following conditions: 1. The construction of the works hereby authorized shall commence within a period of ..... days/ months/years, and shall be completed within a period of ..... months/years, from the date of this authorization. 2. (a) Any person who erects or constructs temporary works shall be entitled to divert, abstract, impound, obstruct, store or use water to such extent only as may be necessary for the construction or erection of the works, and, whenever it is necessary to divert, abstract or impound water during the erection or construction of the works authorized, such diversion, abstraction, obstruction, impounding or use of water shall be made at such time and in such manner that the works of other operators are interfered with as little as possible and that no damage is caused to property of another landholder; but if any damage is caused it shall, failing agreement between the parties concerned, be settled by arbitration under the Arbitration Act. (b) Unless empowered thereto by the Water Apportionment Board in writing, all temporary works shall be removed within a period of three months from the date of completion of the works authorized or from the date of determination of the authorization (whichever be the earlier), and where any temporary works exist, such as quarries, borrow-pits, excavation, cuttings, tunnels or things of a like nature, which cannot be economically removed efficient precautions to the satisfaction of the Water Apportionment Board shall be taken, by the person named in the authorization, to render and to maintain all such temporary works safe in the interest of life and property. The Water Apportionment Board reserves the right to inspect the works authorized by this authorization, and attention is drawn to section 91 of the Act. 306 Preparing national regulations for water resources management Special Conditions: (if none, say "Nil" ) ...... ...... Chairman of the Water Apportionment Board VI - JAMAICA - Water resources regulations, 1995 (Fourth Schedule of the Water Resources Act, 1995) FORM B (Regulation 5 (4) ) Licence No...... THE WATER RESOURCES ACT LICENCE TO ABSTRACT AND USE WATER ...... of Name of Licensee ...... Address of Licensee is hereby granted a licence to abstract and use water, subject to the provisions of the Water Resources Act and Regulations made thereunder and to the terms and conditions herein specified. Terms and Conditions of Licence 1. Water may be abstracted pursuant to this licence only from ...... (source) ...... located at ...... such abstraction to be at a rate not exceeding ...... cubic metres per day. 2. Water abstracted pursuant to this licence may be used for the following purposes only: ...... 3. Water may be abstracted pursuant to this licence in the following manner only: ...... 4. Within thirty (30) days of the installation of the pump by which water is to be abstracted the licensee shall install on the supply line leading from such pump, a Preparing national regulations for water resources management 307 full flow meter (of a type approved by the Authority) for the purpose of measuring the water abstracted. 5. The licensee shall make a monthly return to the Authority of the amount of water abstracted. 6. The licence becomes null and void if within twelve months from the date of the issue thereof. no water is abstracted or used from the approved source pursuant to such licence. 7. The licence shall be valid from a period of...... Additional Terms and Conditions (if any) Dated this day of 19 Seal ...... Secretary, Water Resources Authority. VII - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 FORM 13 Regulation 8(4) NORTHERN TERRITORY OF AUSTRALIA Water Regulations LICENCE TO TAKE OR USE SURFACE WATER Pursuant to section 45 of the Water Act Licence No...... ______ Licensee: Expiry Date Water District / / (if applicable) ______ Address: Waterway(s) Purpose: megalitres per year Irrigation ...... Industrial ...... Recreation/ LOCATION OF Environment ...... 308 Preparing national regulations for water resources management PROPERTY * Stock and Domestic... Community ...... Other ...... TOTAL: ...... ______ The holder of this licence may take or use the quantity of surface water stated above from the listed waterway(s), subject to the provisions of the Water Act, the Water Regulations and the following terms and conditions: Terms and Conditions 1. All water taken or used under this licence shall be used on the land in respect of which this licence is issued for the purposes endorsed on the licence and may not be used on any other land or for any other purpose without approval of the Controller of Water Resources. 2. This licence shall be valid for the period endorsed on the licence subject to Condition No. 3 below. 3. This licence may be revoked, suspended or modified at any time in the circumstances and in the manner prescribed by the Water Act. 4. The holder of the licence shall not permit any withdrawn water to be wasted 5. The holder of the licence shall furnish returns of quantity of water withdrawn if so requested. 6. The following specific conditions shall apply - Controller of Water Resources: Date: Note: Every application for a reissue of a licence shall be made not less than one calendar month prior to the date of expiry of this licence. * Only in cases where water withdrawn is used for several purposes, one of which is domestic, stock or home garden use. VIII – UGANDA - Water Resources Regulations, 1998 FOURTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 (Statute No.9 of 1995) The Water Resources Regulations, 1998 (Regulation 7) FORM C1 WATER PERMIT (SURFACE WATER) Permit No...... Name and Address ...... You are hereby granted a permit in respect of extraction of surface water using the following methods: ...... Purposes for which the water will be used: ...... Location of point of extraction (District. County. Sub-county. Parish. Village): ...... Preparing national regulations for water resources management 309 This permit shall be valid from (date)...... to (date) ...... In addition to the conditions specified in the Statute and any other law in force. this permit is subject to the following conditions: (a) the permit is granted for a period not exceeding...... years. (b) the maximum amount of water which may be taken is ...... m3/day. (c) annual charges. Ushs...... (d) the protection or control of in-stream uses of water of...... cubic metres per second. (e) the installation and use of measuring devices or pumps; and (f) ...... Date: ...... Signature OfficiaI Stamp ...... Name, Director of Water Resources Step Six – Recording of decisions and permits V – UGANDA - Water Resources Regulations, 1998 SEVENTH SCHEDULE (Regulation 27 (2)) REGISTRATION SURFACE WATERS An entry in the Register concerning any works or use registered under regulation 10 or for which a permit is granted under regulation 3 or 10. which relates to surface water, must include: (a) the name of the person or corporate entity who has registered. or to whom a permit has been granted; (b) the address of the person or corporate entity who has registered. or to whom a permit has been granted; (c) the location of the works; (d) the name of the District where the works and use of water occurs or will occur. if applicable; (e) the name of the basin where water uptake is located; (f) the name of the catchment, where water uptake is located; (g) the name of the water way on which works are situated, if applicable; (h) the number of the relevant construction completion report; (i) the name of the contractor who constructed the works; (j) the date on which construction was completed; (k) the capacity of the diversion or impoundment; (I) the frequency and rate of any withdrawal or diversion of water; (m) the amount of water abstracted or that will be authorised to be abstracted in the permit; (n) the description of the purpose for which water is used; (o) the permit number; (p) the duration of the permit; (q) the expiration date of the permit; 310 Preparing national regulations for water resources management (r) the authority that granted the permit; (s) the registration folio of the permit or the registration folio of the works or water use; (t) the date of registration; (u) the authority that registers the permit or works or water use; (v) any significant changes to the status of the permit; (w) any relevant conditions attached to the registration or permit. GROUND WATER An entry in the Register concerning any borehole or use of water from a borehole registered under regulation 10 or for which a permit is granted under regulation 3 must include: (a) the name of the person or corporate entity who has registered, or to whom a permit has been granted; (b) the address of the person or corporate entity who has registered, or to whom a permit has been granted; (c) the location of the borehole; (d) the name of the District where th~ works and use of water occurs or will occur, if applicable; (e) the name of the basin where water uptake is located; (f) the name of the aquifer where water uptake is or will be located; (g) the number of the relevant borehole completion report; (h) the name of the driller who constructed the borehole; (i) the date on which construction was completed; (j) the depth, diameter and lining of the borehole; (k) the capacity of any pump attached to the borehole; (I) the frequency and rate of any withdrawals or discharges from the borehole; (m) the amount of water abstracted or that will be authorised to be abstract; (n) the description of the purpose for which water is used; (o) a description of the water supply system; (p) the permit number; (q) the duration of the permit; (r) the expiration date of the permit; (s) the authority that granted the permit; (t) the registration folio of the permit or the registration folio of the works or water use; (u) the date of registration; (v) the authority that registers the permit or works or water use; (w) any significant changes to the status of the permit; (x) any relevant conditions attached to the registration or permit. Preparing national regulations for water resources management 311 Step seven – Appealing from adverse decisions IV - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 FORM 1 Regulation 4(1) NORTHERN TERRITORY OF AUSTRALIA Water Regulations APPLICATION FOR REVIEW OF DECISION OR ACTION Pursuant to section 30 of the Water Act Application No...... (office use only) 1. GENERAL Name of Applicant: ...... (surname) (given names) Postal Address: ...... Post Code ...... Phone No...... 2. DETAILS OF APPLICATION (a) This application for review relates to (tick as appropriate) - (i) the decision to grant a Permit, Licence or Consent (ii) the refusal to issue a Permit, Licence or Consent (iii) a condition of the issue of a Permit, Licence or Consent (iv) a direction given; (v) an amount determined; (vi) other (please specify) ...... (b) Reference number of Permit, Licence, etc. (if applicable) ...... (c) The property to which the application for review relates: Lot No...... Section No...... Hundred of ...... Portion No...... Township ...... Lease No./name ...... (d) I am the *owner/*occupier/*lessee of the property. 3. GROUNDS FOR APPLICATION FOR REVIEW The grounds for review are ...... Applicant's Signature ...... Date ...... To: The Minister for (portfolio) G.P.O. Box 3146 Darwin N T 0801 * Delete as necessary FORM 2 Regulation 4(2) 312 Preparing national regulations for water resources management NORTHERN TERRITORY OF AUSTRALIA Water Regulations NOTIFICATION OF HEARING OF WATER RESOURCES REVIEW PANEL Pursuant to section 30 of the Water Act To: ...... of ...... You are advised that in relation to your application for review, you should attend the hearing of the Water Resources Review Panel to be held at ...... (place of hearing) on ...... at ...... (date) (time) Your application number is ...... You should bring with you to the hearing any books, papers, documents or plans which you may wish to use in support of your submission to the Panel. Please confirm in writing within seven days of receipt of this advice, your intention to proceed with this application. Such confirmation should be addressed to the Chairman, Water Resources Review Panel. Failure to provide such confirmation will result in your application not proceeding. Information on the constitution and processes of the Review Panel is attached for your information. Dated Chairman of Water Resources Review Panel 4. MANAGEMENT OF PERMITS VI - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 Form N4 Notice of Application to Vary *(a Licence to Abstract Water)(a Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works)(a Combined Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works and to Abstract Water)(an "Alternative Statutory Provision" Authorising the Obstructing or Impeding of the Flow of an Inland Water by Means of Impounding Works) Notice is hereby given that an application is being made to the (a) ...... River Authority by (b) ...... to vary *[the [combined] licence (serial number (c) ...... ) [to abstract water from (d) ...... Preparing national regulations for water resources management 313 at [(e) ...... ] [any point between (f) ...... and ...... ] ] [to obstruct or impede the flow of (g) ...... by means of impounding works at (h) ...... ] [and to abstract water from the said inland water at or near that point] [the "alternative statutory provision" contained in (i) ...... authorising the obstruction or impeding of the flow of (j) ...... by means of impounding works at (k) ...... ] The variation applied for is: (l) ...... A copy of the application and of any map, plan or other document submitted with it may be inspected free of charge at (m) ...... at all reasonable hours during the period beginning on (n) ...... and ending on (o) ...... Any person who wishes to make representations about the application should do so in writing to the Clerk of the (a) ...... River Authority at (p) ...... before the end of the said period. Signed ...... * On behalf of ...... Date ...... * Delete where inappropriate (a) Insert name of River Authority. (b) Insert name and address of applicant. (c) Insert serial number of licence. (d )Insert name of, or sufficient description to identify, the inland water or underground strata to which the licence relates. (e) Specify (by reference to identifiable geographical features or to Ordnance Survey national grid map co- ordinates, followed by names of civil parish and district) the points of abstraction to which the licence relates. (f) Specify (by reference as mentioned in note (e) above) any points between which the licence authorises abstraction by mobile means. (g) Insert name of, or sufficient description to identify, the inland water to which the licence relates. (h) Specify (by reference as mentioned in note (e) above) the point at which the licence authorises the obstruction or impeding of the flow. 314 Preparing national regulations for water resources management (i) Insert appropriate references (e.g. title of Act or Order and number of relevant sections or paragraphs) to identify the "alternative statutory provision". (j) Insert name of, or sufficient description to identify, the inland water to which the "alternative statutory provision relates". (k) Specify (by reference as mentioned in note (e) above) the point at which the "alternative statutory provision" authorises the obstruction or impeding of the flow. (l) Insert brief summary of variation. (m) Insert an address within the locality of the point(s) of abstraction to which the licence relates or, as the case may be, within the locality of the works to which the licence (or the "alternative statutory provision") relates. (n )Insert a date which is not earlier than the date on which the notice is first published in a newspaper other than the London Gazette. (o) Insert a date which is not less than 28 days from the date on which the period begins and not less than 25 days from the date on which the notice is published in the London Gazette. (p) Insert address of office of River Authority to which the application is transmitted. Form N5 Notice of Proposals for *(Revoking) (Varying) (a Licence to Abstract Water) (a Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works) (a Combined Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works and to Abstract Water) (an "Alternative Statutory Provision" Authorising the Obstruction or Impeding of the Flow of an Inland Water by Means of Impounding Works) Notice is hereby given that the (a) ...... River Authority, in pursuance of section 43 *(and section 48) of the above Act, have formulated proposals for *(revoking) (varying) (the (combined) licence (serial number (b) ...... ) to abstract water from (c) ...... at ((d) ...... ) (any point between (e) ...... and ...... )) (to obstruct or impede the flow of (f) by means of impounding works at (g) ) (and to abstract water from the said inland water at or near that point)) (the "alternative statutory provision" contained in (h) ...... authorising the obstruction or impeding of the flow of (i) by means of impounding works at (j) ...... ) * The proposed variation is: (k) ...... A copy of the application and of any map, plan or other document submitted with it may be inspected free of charge at (l) ...... at all reasonable hours during the period beginning on (m) ...... and ending on (n) ...... Preparing national regulations for water resources management 315 * (If you, being the holder of the licence, wish to object to the proposals you) (Any person who wishes to make representations about the proposals should do so in writing to the Clerk of the (a) ...... River Authority at (o)...... before the end of the said period. Signed *Clerk of the River Authority Date * Delete where inappropriate ______ (a) Insert name of River Authority. (b) Insert serial number of licence. (c) Insert name of, or sufficient description to identify, the inland water or underground strata to which the licence relates. (d) Specify (by reference to identifiable geographical features or to Ordnance Survey national grid map co- ordinates, followed by names of civil parish and district) the points of abstraction to which the licence relates. (e) Specify (by reference as mentioned in note (d) above) any points between which the licence authorises abstraction by mobile means. (f) Insert name of, or sufficient description to identify, the inland water to which the licence relates. (g) Specify (by reference as mentioned in note (d) above) the point at which the licence authorises the obstruction or impeding of the flow. (h) Insert appropriate references (e.g. title of Act or Order and numbers of relevant sections or paragraphs) to identify the "alternative statutory provision". (i) Insert name of, or sufficient description to identify, the inland water to which the "alternative statutory provision" relates. (j) Specify (by reference as mentioned in note (d) above) the point at which the "alternative statutory provision" authorises the obstruction or impeding of the flow. (k) Insert brief summary of variation, if the proposals are for varying the licence. (l) Insert an address within the locality of the place or places where the licence authorises water to be abstracted and/or impounded or, as the case may be, within the locality of the works to which the "alternative statutory provision" relates. (m) Insert a date which is not earlier than the date on which the notice is first published in a newspaper other than the London Gazette. (n) Insert a date which is not less than 28 days from the date on which the period begins and not less than 25 days from the date on which the notice is published in the London Gazette. (o) Insert address of River Authority. 316 Preparing national regulations for water resources management Form N6 Notice of Application by Owner of Fishing Rights for *(Revocation) (Variation) of a Licence to abstract water Notice is hereby given that (a) ...... being the owner of fishing rights in respect of (b) ...... *(between (c) ...... and ...... ) has applied to the Minister of Housing and Local Government under section 47 of the above Act for the *(revocation) (variation) of the licence (serial number (d)) to abstract water from the said inland water on the grounds that, in his capacity as the owner of those rights, he has sustained loss or damage which is directly attributable to the abstraction of water in pursuance of the said licence, and (e)...... The loss or damage sustained comprises: (f) ...... *(The variation applied for is: (g) ...... You are entitled *(as the holder of the said a licence) (as the River Authority concerned) to make representations in writing to the Minister of Housing and Local Government about the application at any time before the end of the period of 28 days beginning with the date of service of this notice. * Delete where inappropriate ______ (a) Insert name and address of applicant (b) Insert name of, or sufficient description to identify, the inland water in respect of which the fishing rights are owned. (c) Specify (by reference to identifiable geographical features or to Ordnance Survey national grid map co- ordinates, followed by names of civil parish and district) the points between which the fishing rights are exercisable, if those rights are owned in respect of a part only of the inland water. (d) Insert serial number of licence. (e) Insert the grounds mentioned in paragraph (a) or in paragraph (b) in section 47(2) of the Act, whichever of those grounds are relied on. (f) Insert details of loss or damage sustained. (g) Insert particulars of variation, if the application is for the variation of the licence. Preparing national regulations for water resources management 317 5. TRADING OF PERMITS AUSTRALIA – VICTORIA - Water (Permanent Transfer of Water Rights) Regulations 2001 SCHEDULE 3 Buyer's Authority Regulation 7(1) APPLICATION FOR APPROVAL OF PERMANENT TRANSFER OF WATER RIGHTS WITHIN AN IRRIGATION DISTRICT OR TO ANOTHER IRRIGATION DISTRICT To: (insert name of Authority) I/We (insert names) of (address) being the *owner/*occupier of the holding comprising: Allotments Section Parish of Registered Entry No. in the Irrigation Area apply to the Authority for approval of the transfer of megalitres of water rights to the holding. I enclose an application fee of $ which I acknowledge will not be refunded. Signature: Telephone No.: Date: * delete if inapplicable SCHEDULE 4 Seller's Authority Regulation 7(1)(a) NOTICE OF AGREEMENT FOR PERMANENT TRANSFER OF WATER RIGHTS To: (insert name of Authority) I/We (insert names) of (address) being the *owner/*occupier of the holding comprising: Allotments Section Parish of Registered Entry No. in the Irrigation District/area Register of Lands under Entry No. have agreed to transfer megalitres of water rights To (insert name and address of buyer) 318 Preparing national regulations for water resources management being the *owner/*occupier of the land comprising: Allotments Section Parish of described in the Irrigation Area Register of Lands under Entry No. I/We, acknowledge and declare— 1. That the water rights to be transferred have not been used; and 2. (a) That there are no parties with a prescribed interest in the holding from which the water is to be transferred; OR *(b) That (insert names of parties with an interest in the holding) has a prescribed interest in the subject holding If (b), please state types of interest: and attach written consents to the transfer from the parties concerned. Signature: Telephone No.: Date: If lodged by an agent please complete the following: Agent/s name: Postal address: Note: This form must be accompanied by a statutory declaration made by the owner setting out the names and addresses of each person known by the owner to have a prescribed interest in the holding. * delete if inapplicable SCHEDULE 5 Seller's Authority Regulation 7(1)(b) NOTICE OF CONSENT TO THE PERMANENT TRANSFER OF WATER RIGHTS To: (insert name of Authority) I/We (insert names) of (address) have a prescribed interest in the holding comprising: Allotments Section Parish of and described in the Irrigation Area/District Register of lands under Entry No. (state type of interest) Preparing national regulations for water resources management 319 I/We consent to an application by (insert name of Person transferring Water) to transfer permanently megalitres of water right from the holding. Signature: Telephone No.: Date: SCHEDULE 6 Seller's Authority Regulation 7(2) APPLICATION FOR APPROVAL OF PERMANENT TRANSFER OF WATER RIGHTS OUTSIDE AN IRRIGATION DISTRICT To: (insert name of Authority) I/We (insert names) of (address) being the *owner/*occupier of the holding comprising: Allotments Section Parish of Registered Entry No. in the Irrigation District/area apply to the Authority for approval of the transfer of megalitres of water rights from the holding To (insert name and address of buyer) being the *owner/*occupier of the land comprising: Allotments Section Parish of I/We acknowledge and declare— 1. That the water rights to be transferred have not been used; and 2. (a) That there are no parties with a prescribed interest in the holding from which the water is to be transferred; OR *(b) That (insert names of parties with an interest in the holding) has a prescribed interest in the subject holding If (b), please state types of interest: and attach written consents to the transfer from the parties concerned. I enclose an application fee of $ which I acknowledge will not be refunded. Attached is a copy of an application under section 51 of the Water Act 1989 to take and use an equivalent volume of water, or, for a transfer to land in another State, an application for an entitlement in that State. Signature: 320 Preparing national regulations for water resources management Telephone No.: Date: If lodged by an agent please complete the following: Agent/s name: Postal address: Note: This form must be accompanied by a statutory declaration made by the owner setting out the names and addresses of each person known by the owner to have a prescribed interest in the holding. * delete if inapplicable SCHEDULE 7 Regulations 7(1)(c), 8(1)(a) and 15(2) PRESCRIBED FEES 1. Application for approval of permanent transfer of water $275.00 rights where they remain within the same irrigation district or another irrigation district of the same Authority. 2. Application for approval of permanent transfer of water rights to a holding within an irrigation district of a different Authority— (a) fee payable to buyer's Authority $200.00 (b) additional fee payable to seller's Authority $75.00 3. Application for approval of permanent transfer of water rights outside an irrigation district $75.00 4. Application for a certificate under section 227 of the Act $16.00 6. SUCCESSION TO PERMITS III - TANZANIA - Water Utilization (General) Regulations, 1975 Form B Notice of Apportionment of Water Right on Subdivision of Land To: The Water Officer 1.Name of person acquiring right ...... 2.Address ...... 3.Particulars of land subdivided and the owners thereof before subdivision ...... 4.Particulars of subdivision and the owner of the parcels ...... 5.Particulars of Water Right ...... 6.Particulars of declaration of appurtenancy of water right specified in paragraph 5 to land specified in paragraph 3 ...... Preparing national regulations for water resources management 321 7.Particulars of apportionment of water right ...... 8.Particulars of works in respect of apportionment ...... Date Signature of Grantor Date ...... Signature of Grantee This form must be accompanied by a plan showing full details of the subdivision, apportionment and works. V – UGANDA - Water Resources Regulations, 1998 FIFTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 (Statute No.9 of 1995) The Water Resources Regulations, 1998 FORM D Regulation 7(4) REGISTRATION OF TRANSFER OF WATER PERMIT NOTE: This form should be used to register the transfer of a water permit for an existing abstraction to the new owner of the premises to which it applies. If the use is to change in any way a new permit must be obtained before the changes can be implemented. Please complete the relevant sections of this form in triplicate (3) IN BLOCK LETTERS and return to the Director within 21 days of the transfer. I/We hereby notify the authority that the water permit, Reference No...... was transferred to the new holder on...... (insert date) Signature of New Holder ...... Date...... Signed on behalf of...... 1. NAMES AND ADDRESSES OF NEW HOLDER (or their Agent) Name of Company/Partnership/Public Corporation/NGO/Cooperative Society* ...... Address: ...... Telephone: ...... Designation: ...... Acting for Company/Partnership/Public Corporation/NGO/Cooperative Society* ...... Postal address (if different from above): ...... District: ...... Main Activity:...... * Delete what is not applicable. 2. REASONS FOR TRANSFER Please give your reasons for transferring this permit to other persons or company 322 Preparing national regulations for water resources management DECLARATION OF THE APPLICANT I/We* certify that the information provided in this form is complete and correct tu the best of my/our* knowledge. Signature of applicant...... Official seal/stamp ...... Names in full ...... Date:...... When you have completed this form, you must return II to the Director of Water Resources, P.O. Box 20026, Kampala together with any attachments indicated above: NOTE: The Director may require: - Further information - To discuss the transfer with you before making a determination as to whether the proposed transfer is acceptable. OFFICIAL USE ONLY RECEPTION DATE: (D)...... (M) ...... (Y)...... APPLICATION NUMBER ...... Official Stamp and Signature: 8. DEALING WITH "EXISTING" USES OF WATER I - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 Model Form 4 This application must be submitted to the River Authority before 1st July 1965 Application for a Licence of Right Made under Section 33 in Reliance on a Statutory Provision PART A - General APPLICANT 1. Name of applicant (in BLOCK LETTERS) ...... 2. Address of applicant to which communications about this application are to be sent ...... 3. Name and address of professional adviser or agent (if any) to whom communications about this application are to be sent ...... RELEVANT STATUTORY PROVISION Preparing national regulations for water resources management 323 4. Identify (see note (a)) the statutory provision (see note (b)) in force on 1st April 1965 by virtue of which you claim to be entitled to abstract (see note (c)) water from the source of supply (see note (d)) to which this application relates ...... SOURCE OF SUPPLY TO WHICH APPLICATION RELATES 5. (a) If you claim to be entitled to a licence of right to abstract water from an inland water (see note (e)), give the name of, or sufficient description to identify, that water ...... (b) If you claim to be entitled to a licence of right to abstract water from underground strata (see note (f)), in Table I below: (i) in column (1), enter the reference number, as shown on the map (see note (g)) accompanying this application, of each of the points at which you propose the licence should authorise the abstraction of water; (ii) in column (2), give the description (e.g. Chalk, Lower Greensand, etc.), or such particulars as you are able to obtain for the purposes of this application, of the underground strata from which you propose the licence should authorise abstraction at each point referred to in column (1). TABLE I Map ref. no. of point (1) Underground strata (2) PART B - PROPOSALS AS TO MATTERS TO BE SPECIFIED IN THE LICENCE (see note (h)) POINTS AND MEANS OF ABSTRACTION AND METHODS OF MEASURING 6. In Table II below: (a) in column (1), enter the reference number, as shown on the map accompanying this application, of each of the points at which you propose the licence should authorise the abstraction of water from the source of supply to which this application relates; (b) in column (2), specify the work (if any) (e.g. well, borehole, catchpit, etc.) by means of which you propose the licence should authorise abstraction at each point referred to in column (1); (c) if the source of supply to which this application relates is underground strata: 324 Preparing national regulations for water resources management (i) specify in columns (3) and (4) the depth and diameter of each work specified in column (2); and (ii) describe in column (5) how, if at all, the work is or will be lined. TABLE II Work Map ref. no. Description (2) Depth (3) Diameter (4) Lining (5) of point (1) 7. Indicate which underground work (if any) specified in column (2) of Table II above is artesian, and describe how overflow and leakage will be prevented ...... 8. Indicate which underground work (if any) specified in column (2) of Table II above includes headings or adits, and specify the point of communication, length, diameter and orientation of each heading or adit ...... 9. In Table III below: (a) in column (1), enter the map reference number of each point of abstraction referred to in Table II; (b) in column (2), specify the machinery or apparatus by means of which you propose the licence should authorise abstraction at each point referred to in column (1); (c) in column (3), describe the way in which you propose the licence should require the quantities of water abstracted at each point referred to in column (1) to be measured or assessed. Preparing national regulations for water resources management 325 TABLE III Map ref. no. of Machinery or Method of measuring or assessing point (1) apparatus (2) quantities of water abstracted (3) QUANTITIES OF WATER AND LAND ON WHICH AND PURPOSES FOR WHICH IT IS TO BE USED 10. In Table IV below: (a) in column (1), enter the map reference number of each point of abstraction referred to in Table II above; (b) in the remaining columns, specify under the appropriate headings the quantities of water you propose the licence should authorise to be abstracted at each point referred to in column (1) in the various periods, and the land (see note (i)) on which, and the purposes (see note (j)) for which, you propose the licence should authorise water abstracted at each point to be used, showing which quantity relates to which period, purpose and land, etc. (see note (k)). TABLE IV Period (e.g. Nov.-Feb., any period Maximum quantity (in thousand of … gallons) consecutive days in March-May, Purpose Land etc.) (5) (6) (7) Map ref. per year or other no. of period specified in per day per hour point col. (5) (3) (4) (1) (2) 326 Preparing national regulations for water resources management PART C - MATTERS AFFECTING THE QUANTITIES OF WATER TO BE SPECIFIED IN THE LICENCE (SEE NOTE (l)) Note: Part C does not apply if the relevant statutory provision specifies or otherwise limits the quantity of water authorised to be abstracted. QUANTITIES OF WATER ABSTRACTED IN RELEVANT PERIOD AND PERIODS OF ABSTRACTION. 11. (a) On or about what date within the period of 5 years ending with 1st Ap_il 1965 did you begin to abstract water by virtue of the relevant statutory provision from the source of supply to which this application relates?...... (b) On or about what date within that period did your predecessors begin to abstract water by virtue of the relevant statutory provision from that source of supply? ...... (c) In Table V below, in respect of each year referred to in column (1) during which you or your predecessors abstracted water by virtue of the relevant statutory provision from that source of supply: (i) specify in column (2) the total quantity, and in columns (3) and (4) the maximum daily and hourly quantities, abstracted (otherwise than on special occasions when, by reason of accident or other emergency, there was a temporary deficiency of water from other sources of supply) in that year by virtue of the relevant statutory provision (see note (m)); (ii) if abstraction in that year was seasonal, specify in column (5) the period(s) during which water was abstracted; (iii) if water was abstracted in that year on special occasions as aforesaid, specify in column (6) the total quantity, and in columns (7) and (8) the maximum daily and hourly quantities, so abstracted (see note (m)). TABLE V NOTE: Prefix any estimated quantity by the letter "E" (see note (n)) Quantity abstracted (in thousand Period(s) Quantity abstracted (in thousand gallons) gallons) on special occasions Year ending with 1st Total in Max. per Max. per Total in Max per Max per April (1) year (2) day (3) hour (4) (5) year (6) day (7) hour (8) 1961 1962 1963 1964 1965 Preparing national regulations for water resources management 327 ABSTRACTIONS INTENDED ON SPECIAL OCCASIONS (see note (o)) 12. If at any point of abstraction referred to in Table II above you intend to abstract water on special occasions when, by reason of accident or other emergency, there may be temporary deficiency of water from other sources of supply: (a) in column (1) in Table VI below, enter the map reference number of that point; (b) in columns (2), (3) and (4), specify the maximum annual, daily and hourly quantities you anticipate will be so abstracted at that point. TABLE VI Maximum quantity (in thousand gallons) Map ref. no. of point (1) per year (2) per day (3) per hour (4) WORKS ETC. PROVIDED IN ANTICIPATION OF FUTURE REQUIREMENTS 13. If you wish to claim that any work, machinery or apparatus authorised by the relevant statutory provision and specified in Table II or III above was provided by you or your predecessors in anticipation of future requirements, explain the extent to which it was so provided ...... CAPACITY OF WORKS ETC. PROVIDED OR BEING PROVIDED, OR AUTHORISED 14. Give particulars of the works, machinery or apparatus falling within section 34(5) of the Act (see note (p)) and of the quantity of water you claim is capable of being abstracted by means of them ...... PART D - OTHER MATTERS 15. State any other matters which you wish the River Authority to take into account in considering this application ...... PART E - FORMAL APPLICATION I hereby apply to the ...... River Authority for a licence of right under the Water Resources Act 1963 to abstract water in accordance with the proposals indicated above, being a licence to which I claim to be entitled by virtue 328 Preparing national regulations for water resources management of section 33(1)(a) of the Act, and I declare that to the best of my knowledge the statements made above are true. I enclose the map required by the Water Resources (Licences) Regulations 1965. * (I also enclose (a true copy of) the licence under section 14 of the Water Act 1954) (a copy of the statutory provision) on which I rely.) * (For the following reasons, I cannot enclose the licence (or a copy) under section 14 of the Water Act 1945 on which I rely:...... Accordingly, I enclose the following evidence of the grant of that licence and of its terms: ...... ) I also enclose the following evidence, as required by the above-mentioned regulations of 1965, for the purpose of satisfying the River Authority as respects the matters referred to in Part C above ...... (The name(s) and address(es) of my predecessor(s) who abstracted water during the relevant period (is) (are) as follows (see note (q)) ...... ) Signed ...... *(Authorised on behalf of ...... ) Date ...... * Delete where inappropriate. It is an offence to make a false statement in applying for a licence. (See section 115(1) of the Act.) NOTES (a) Give the appropriate references, e.g. date and serial number of licence under section 14 of the Water Act 1945, title of Act or Order and numbers of relevant sections or paragraphs, etc. (b) For the meaning of "statutory provision", see section 135(1) of the Act. (c) For the meaning of "abstract", see section 135(1) of the Act. (d) For the meaning of "source of supply", see section 2 of the Act. (e) For the meaning of "inland water", see section 135(1) of that Act. (Section 2 is also relevant.) (f) For the meaning of "underground strata", see section 135(1) of the Act. (g) The Water Resources (Licences) Regulations 1965 require the application to be accompanied by an ordnance map showing certain particulars. (h) The provisions of the licence proposed in Part B of the form should correspond as nearly as may be to the provisions of the relevant statutory provision (and may be expressed by reference to that statutory provision) so far as those provisions relate to the subject-matter of the proposals. If the relevant statutory provision does not specify or otherwise limit the quantity of water authorised to be abstracted, the proposals as to quantities should be formulated having regard to the particulars Preparing national regulations for water resources management 329 given in Part C. (See section 34 of the Act.) If so desired, and if not inconsistent with the relevant statutory provision, map reference numbers may be bracketed together in column (1) of Table IV for the purpose of specifying in column (2) an aggregate quantity in respect of a group of points of abstraction, and entries in columns (3) and (4) may be omitted. (i) E.g. "the land coloured blue on the map". (j) Purposes should be described as follows: water undertaking spray irrigation cooling purposes use in a process of manufacture (other than for cooling purposes) use as a means of conveying any material as a slurry or otherwise other uses (briefly described), e.g. agriculture or horticulture, other than spray irrigation. (k) Water undertakers applying for a licence to abstract for the purposes of their water undertaking should enter "water undertaking" in column (6) but need not make any entries in column (7) of Table IV. (l) Part C of the form relates to the matters which must be proved to the reasonable satisfaction of the River Authority if they are to be taken into account by the Authority in determining the quantities of water to be specified in the licence in a case where the relevant statutory provision does not specify or otherwise limit the quantity of water authorised to be abstracted. (See section 34 of the Act.) (m) In specifying the quantities abstracted in Table V, no account should be taken of any water abstracted in contravention of section 14(5) of the Water Act 1945 (which restricts the abstraction of underground water in certain areas). (n) n the absence of reliable evidence of the quantities in fact abstracted, estimated quantities should be specified in Table V. Any estimated quantity so specified must be prefixed by the letter "E" and the evidence tendered to the River Authority for the purpose of proving matters referred to in Part C (see note (l) above) should include a statement of how the estimate was made. (o) If so desired, map reference numbers may be bracketed together in column (1) of Table VI for the purpose of specifying in column (2) an aggregate quantity in respect of a group of points of abstraction, and entries in columns (3) and (4) may be omitted. (p) The works, etc., in question are: (a) works, machinery or apparatus which were constructed or installed before 1st April 1965, or were in the course of being constructed or installed on that day; and (b) other works, machinery or apparatus the construction or installation of which was authorised by the relevant statutory provision, not being (in either case) works, machinery or apparatus provided or authorised to be provided for use only in the event of an accident or other emergency involving a total or partial failure of other works, machinery or apparatus. (q) Delete this paragraph if there were no predecessors who abstracted in the relevant period. 330 Preparing national regulations for water resources management Model Form 5 This application must be submitted to the River Authority before 1st July 1965 Application for a Licence of Right Made Under Section 33 in Reliance on Abstraction within the Period of 5 Years Ending with 1st April 1965 PART A - General APPLICANT 1. Name of applicant (in BLOCK LETTERS) ...... 2. Address of applicant to which communications about this application are to be sent ...... 3. Name and address of professional adviser or agent (if any) to whom communications about this application are to be sent ...... SOURCE OF SUPPLY TO WHICH APPLICATION RELATES (see note (a)) 4. (a)If you claim to be entitled to a licence of right to abstract (see note (b)) water from an inland water (see note (c)), give the name of, or sufficient description to identify, that water ...... (b) If you claim to be entitled to a licence of right to abstract water from underground strata (see note (d)), in Table I below: (i) in column (1), enter the reference number, as shown on the map (see note (e)) accompanying this application, of each of the points at which you propose the licence should authorise the abstraction of water; (ii) in column (2), give the description (e.g. Chalk, Lower Greensand, etc.), or such particulars as you are able to obtain for the purposes of this application, of the underground strata from which you propose the licence should authorise abstraction at each point referred to in column. TABLE I Map ref. no. of point (1) Underground strata(2) Preparing national regulations for water resources management 331 PART B - PROPOSALS AS TO MATTERS TO BE SPECIFIED I THE LICENCE POINTS AND MEANS OF ABSTRACTION AND METHODS OF MEASURING 5. In Table II below: (a) in column (1), enter the reference number, as shown on the map accompanying this application, of each of the points at which you propose the licence should authorise the abstraction of water from the source of supply to which this application relates; (b) in column (2), specify the work (if any) (e.g. well, borehole, catchpit, etc.) by means of which you propose the licence should authorise abstraction at each point referred to in column (1); (c) if the source of supply to which this application relates is underground strata: (i) specify in columns (3) and (4) the depth and diameter of each work specified in column (2); and (ii) describe in column (5) how, if at all, the work is or will be lined. TABLE II Work Map ref. no. Description (2) Depth (3) Diameter (4) Lining (5) of point (1) 6. Indicate which underground work (if any) specified in column (2) of Table II above is artesian, and describe how overflow and leakage will be prevented ...... 7. Indicate which underground work (if any) specified in column (2) of Table II above includes headings or adits, and specify the point of communication, length, diameter and orientation of each heading or adit ...... 8. In Table III below: (a) in column (1), enter the map reference number of each point of abstraction referred to in Table II; (b) in column (2), specify the machinery or apparatus by means of which you propose the licence should authorise abstraction at each point referred to in column (1); 332 Preparing national regulations for water resources management (c) in column (3), describe the way in which you propose the licence should require the quantities of water abstracted at each point referred to in column (1) to be measured or assessed. TABLE III Map ref. no. of Machinery or Method of measuring or assessing point (1) apparatus (2) quantities of water abstracted (3) QUANTITIES OF WATER AND LAND ON WHICH AND PURPOSES FOR WHICH IT IS TO BE USED (see note (f)) 9. In Table IV below: (a) in column (1), enter the map reference number of each point of abstraction referred to in Table II above; (b) in the remaining columns, specify under the appropriate headings the quantities of water you propose the licence should authorise to be abstracted at each point referred to in column (1) in the various periods, and the land (see note (g)) on which, and the purposes (see note (h)) for which, you propose the licence should authorise water abstracted at each point to be used, showing which quantity relates to which period, purpose and land, etc. (see note (i)). TABLE IV Maximum quantity (in thousand gallons) Period (e.g. Nov.-Feb., any period of … consecutive days in March- May, etc.) (5) Map ref. per year or other no. of period specified in point col. (5) per day per hour Purpos Land (1) (2) (3) (4) e (7) (6) Preparing national regulations for water resources management 333 PART C - MATTERS AFFECTING THE QUANTITIES OF WATER TO BE SPECIFIED IN THE LICENCE (See note (j)) QUANTITIES OF WATER ABSTRACTED IN RELEVANT PERIOD, PERIODS OF ABSTRACTION AND LAND ON WHICH AND PURPOSES FOR WHICH IT WAS USED. 10. (a) On or about what date within the period of 5 years ending with 1st Ap_il 1965 did you begin to abstract water by virtue of the relevant statutory provision from the source of supply to which this application relates?...... (b) On or about what date within that period did your predecessors begin to abstract water by virtue of the relevant statutory provision from that source of supply? ...... (c) In Table V below, in respect of each year referred to in column (1) during which you or your predecessor in title abstracted water from that source of supply: (i) in column (2) specify the purposes (see note (h)) for which water abstracted in that year was used, excluding any purposes not specified in Table IV above (see note (k)); (ii) specify in column (3) the total quantity, and in columns (4) and (5) the maximum daily and hourly quantities, abstracted (otherwise than on special occasions when, by reason of accident or other emergency, there was a temporary deficiency of water from other sources of supply) in that year for use for each purpose specified in column (2) on the land specified in column (6) (see note (l)); (iii) in column (6) specify (by reference to the map accompanying this application) (see note (g)) the land on which water abstracted in that year for use for each purpose specified in column (2) was used, excluding any land not specified in Table IV above (see note (k)); (iv) if abstraction in that year was seasonal, specify in column (7) the period(s) during which water was abstracted; (v) if water was abstracted in that year on special occasions as aforesaid, specify in column (8) the total quantity, and in columns (9) and (10) the maximum daily and hourly quantities, so abstracted (see note (l)). 334 Preparing national regulations for water resources management TABLE V NOTE: Prefix any estimated quantity by the letter "E" (see note (m)) Quantity abstracted (in Quantity abstracted (in thousand thousand gallons) gallons) on special occasions Year ending with Purpose(s) Total in year Max. per Max. per Land (6) Period(s) Total in year Max per day Max per hour 1st April (1) (2) (3) day (4) hour (5) (7) (8) (9) (10) 1961 1962 1963 1964 1965 SPRAY IRRIGATION (see note (n)) 11. (a) Was water abstracted by you or your predecessor in title from the source of supply to which this application relates before 31st July 1963 for the purpose of spray irrigation? ...... (b) If the answer to (a) is "No", did you or your predecessor in title begin to construct a reservoir before 31st July 1963 for the storage of water to be abstracted from that source of supply and used for spray irrigation? ...... (c) If the answer to (b) is "Yes", was that reservoir completed and brought into use for the purpose of spray irrigation before 1st April 1965? ...... ABSTRACTIONS INTENDED ON SPECIAL OCCASIONS (see note (o)) 12. If at any point of abstraction referred to in Table II above you intend to abstract water on special occasions when, by reason of accident or other emergency, there may be temporary deficiency of water from other sources of supply: (a) in column (1) in Table VI below, enter the map reference number of that point; (b) in columns (2), (3) and (4), specify the maximum annual, daily and hourly quantities you anticipate will be so abstracted at that point. Preparing national regulations for water resources management 335 TABLE VI Maximum quantity (in thousand gallons) Map ref. no. of point (1) per year (2) per day (3) per hour (4) WORKS ETC. PROVIDED IN ANTICIPATION OF FUTURE REQUIREMENTS 13. If you wish to claim that any work, machinery or apparatus authorised by the relevant statutory provision and specified in Table II or III above was provided by you or your predecessors in anticipation of future requirements, explain the extent to which it was so provided ...... CAPACITY OF WORKS ETC. PROVIDED OR BEING PROVIDED, OR AUTHORISED 14. Give particulars of the works, machinery or apparatus falling within section 35(4) of the Act (see note (p)) and of the quantity of water you claim is capable of being abstracted by means of them ...... PART D - OTHER MATTERS 15. State any other matters which you wish the River Authority to take into account in considering this application ...... PART E - FORMAL APPLICATION I hereby apply to the ...... River Authority for a licence of right under the Water Resources Act 1963 to abstract water in accordance with the proposals indicated above, being a licence to which I claim to be entitled by virtue of section 33(1)(b) of the Act, and I declare that to the best of my knowledge the statements made above are true. I enclose the map required by the Water Resources (Licences) Regulations 1965. I also enclose the following evidence, as required by the above-mentioned Regulations of 1965, for the purpose of satisfying the River Authority as respects the matters referred to in Part C above:...... 336 Preparing national regulations for water resources management (The name and address of my predecessor in title who abstracted water during the relevant period is as follows (see note (q)) ...... ) Signed ...... *(Authorised on behalf of ...... ) Date ...... * Delete where inappropriate. It is an offence to make a false statement in applying for a licence. (See section 115(1) of the Act.) NOTES (a) For the meaning of "source of supply", see section 2 of the Act. (b) For the meaning of "abstract", see section 135(1) of the Act. (c) For the meaning of "inland water", see section 135(1) of the Act. (Section 2 is also relevant.) (d) For the meaning of "underground strata", see section 135(1) of the Act. (e) The Water Resources (Licences) Regulations 1965 require the application to be accompanied by an ordnance map showing certain particulars. (f) The proposals as to quantities should be formulated having regard to the particulars given in Part C of the form. (See section 35 of the Act.) If so desired, map reference numbers may be bracketed together in column (1) of Table IV for the purpose of specifying in column (2) an aggregate quantity in respect of a group of points of abstraction, and entries in columns (3) and (4) may be omitted. The purposes specified in column (6) of Table IV and the land specified in column (7) should not include any purposes other than those for which, or any land other than land on which, water abstracted in the period of 5 years ending with 1st April 1965 was used. (See section 35(2) of the Act). (g) E.g. "the land coloured blue on the map". (h) Purposes should be described as follows: water undertaking spray irrigation cooling purposes use in a process of manufacture (other than for cooling purposes) use as a means of conveying any material as a slurry or otherwise other uses (briefly described), e.g. agriculture or horticulture, other than spray irrigation. (i) Water undertakers applying for a licence to abstract for the purposes of their water undertaking should enter "water undertaking" in column (6) but need not make any entries in column (7) of Table IV. (j) Part C of the form relates to the matters which must be proved to the reasonable satisfaction of the River Authority if they are to be taken into account by the Authority in determining the quantities of water to be specified in the licence. (See section 35 of the Act.) (k) Water undertakers who abstracted for the purposes of their water undertaking should enter "water undertaking" in column (2) but need not make any entries in column (6) of Table V. Preparing national regulations for water resources management 337 (l) In specifying the quantities abstracted in Table V, no account should be taken of any water abstracted in contravention of section 14(5) of the Water Act 1945 (which restricts the abstraction of underground water in certain areas). (m) In the absence of reliable evidence of the quantities in fact abstracted, estimated quantities should be specified in Table V. Any estimated quantity so specified must be prefixed by the letter "E" and the evidence tendered to the River Authority for the purpose of proving matters referred to in Part C (see note (j) above) should include a statement of how the estimate was made. (n) The attention of applicants is drawn to section 35(5) of the Act under which, where the purposes specified in the licence as the purposes for which water abstracted is to be used consist of or include spray irrigation, subsection (2) of that section (which provides that the quantities specified in the licence as the quantities authorised to be abstracted shall be determined by reference to the quantities abstracted during the relevant period) is not to apply unless certain matters are proved to the reasonable satisfaction of the River Authority. In cases where the answer to question (a) in paragraph 11 of the form is "No" and the answer to question (b) or to question (c) is also "No", section 35(2) will thus not apply, but in such cases applicants are recommended to provide any information they can in Table V to enable the River Authority to assess the merits of the proposals in Part B of the form. (o) If so desired, map reference numbers may be bracketed together in column (1) of Table VI for the purpose of specifying in column (2) an aggregate quantity in respect of a group of points of abstraction, and entries in columns (3) and (4) may be omitted. (p) The works, etc., in question are works, machinery or apparatus which were constructed or installed before 1st April 1965, or were in the course of being constructed or installed on that day not being works, machinery or apparatus provided for use only in the event of an accident or other emergencies involving a total or partial failure of other works, machinery or apparatus. (q) Delete this paragraph if there were no predecessors who abstracted in the relevant period. 9. MECHANISMS COMPLEMENTARY TO THE GRANT OF PERMITS IV – UGANDA - Water Resources Regulations, 1998 EIGHTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 (Statute No.9 of 1995) The Water Resources Regulations 1998 FORM G1 (Regulation 25 (1)) APPLICATION FOR AN EASEMENT To be completed in triplicate (3) Complete this form if you have been unable to agree with a neighbour upon an easement over his/her land. 1. NAMES AND ADDRESSES Name of Individual/Association/Company/Public Authority*...... Physical Address:...... 338 Preparing national regulations for water resources management ...... Telephone:...... Designation: ...... Acting for Company/Ownership/Cooperative Society/Corporation*...... Postal address (if different from above): ...... Town: ...... District: ...... Main Activity:...... *Delete what is not applicable. 2. LOCATION OF LAND Name of land owner which will benefit from the easement:...... Address of that owner: ...... District: ...... Property regime of land: ( ) Bona fide occupants ( ) Mailo ( ) Customary ( ) Leasehold ( ) Freehold If lease hold, indicate: volume ...... Folio No...... If mailo or freehold indicate: Block...... Plot No...... Location of land over which the easement is sought: ...... District: ...... Area of that land ...... (in Hectares) 3. SOURCE OF WATER Select the source of water from or to which you wish to take water: ( ) River ( ) Lake ( ) Channel ( ) Dam ( ) Stream ( ) Lagoon ( ) Ditch ( ) Dry river bed ( ) Swamp ( ) Wetland ( ) Borehole ( ) Dug well ( ) Spring ( ) Other, specify: ...... Common name of the source of water...... Specific point where the water is or will be taken: ...... Side of the water uptake (when applicable): ( ) Right Bank ( ) Left Bank District where the water uptake is located (when applicable): ...... Give details of any water permit you hold to take water from this source: ...... (Attach a topographic map 1:50,000. indicating location of the intake works. the layout of the works. land which will benefit from the easement, land over which easement is sought). OFFICIAL USE ONLY Basin: ...... Catchment: ...... National Grid Reference of point of water uptake: Long:...... Lat.:...... 4. EASEMENT Why do you require the easement?...... What form will the easement take? (e.g. right-of-way. to construct a pipeline or channel): ...... What works, if any, do you want to construct on that land?...... For how long would you want the easement? ...... Preparing national regulations for water resources management 339 5. PEOPLE AFFECTED Give the number of the certificate of title for the land over which the easement is sought:...... Give the names and addresses of all people whom you know can claim an interest in that land:...... Which of these people have refused to grant you an easement? ...... (please enclose copies of any relevant correspondence) 6. ACCOMPANYING INFORMATION Please list all maps, plans or other documents enclosed with this application. DECLARATION OF THE APPLICANT I certify that the information provided in this form is correct to the best of my knowledge. I also agree that no decision which be made nor action taken with respect to this application until I receive a notification from the Directorate of Water Resources that I have provided all the necessary information. Signature of applicant...... Official seal/stamp ...... Full names...... Date:...... NOTE: When you have completed this form and the appropriate attachments, you must attach CASH or CHEQUE for Ushs. …………………………………….. for processing the application and send them to: The Director Directorate of Water Resources P.O. Box 20026 Kampala The Director may require you to advertise this application at your cost in a way specified by the Director. OFFICIAL USE ONLY RECEPTION DATE: (D) ...... (M) ...... (Y) ...... APPLICATION NUMBER ...... THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 (Statute No.9 of 1995) The Water Resources Regulations 1998 CERTIFICATE OF EASEMENT To be completed in triplicate (3) FORM G2 ...... Regulation 25 (4) Permit No...... Name and Address...... You are hereby granted an easement under section 36 of the Water Statute and Regulation 25: Description of the benefited land: ...... 340 Preparing national regulations for water resources management ...... Description of the burdened land (District, County, Sub-county, Parish, Villages, Volume/Block and Folio Number/Plot Number) ...... Name of Owner: ...... Address of Owner: ...... Nature of burden imposed on burdened land ...... This Permit shall be valid from (date) ______19__ to (date) ______19___ This permit is subject to the following conditions: 1...... 2...... 3...... 4...... 5...... 6...... Date: ...... Official Stamp Signature ...... Name Director of Water Resources. GERALD M. SENDAULA. Minister of Narural Resources. APPENDIX II Forms under Chapter II PREVENTION AND CONTROL OF WATER POLLUTION 3. CONTROLLING POLLUTION THROUGH WASTE DISCHARGE OR OTHER PERMITS OF COMPARABLE SCOPE 3.1 The granting of waste discharge permits Step Two - Filing of applications Format of applications I - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 Form WRB.7 Application for Minister's Consent to Discharge Waste or Effluent into Public Water This form is to be submitted in duplicate to the Chairman of the Water Resources Board. NOTES:1. This form is not to be used for applications involving discharge of waste and effluent water to a public sewer. 2. All applications must be accompanied by maps or, failing maps, plans to a scale of at least 1:50,000, drawn or copied on good quality drawing or copying paper. 3. A copy of any technical or engineering report relating to and explaining the proposals should be submitted as an addendum to the application for the information of the Water Resources Board. PART A I / We hereby apply for consent to discharge waste or effluent as described in this application and shown on the attached drawings. I / We hereby agree to supply further information which may be required by the Water Resources Board. I / We enclose herewith crossed Cheque/Postal order/Money Order No(s). ______or K ______to cover the prescribed fee for this application and undertake to pay the Board on demand the cost of publication in the 342 Preparing national regulations for water resources management Government Gazette and in at least two issues of a newspaper circulating in Malawi of a notice in terms of Regulation 6. Date ______Signature of applicant or his authorized agent ______ FOR OFFICIAL USE Applicant's File Nº N.G.R. Nature Max Discharge Board Nº Consent Nº PART B (To be completed in all cases) 1. Applicant's full name and address Tel. Nº 2. Agent, if any: Name and profession and address 3. Details of existing and/or proposed works. (Give location, address and/or map number and six figure Grid reference on 1:50,000 Malawi series). Attach drawings as necessary. 4. Period for which works will be required (if Permanent/Temporary temporary, state period) 5. Nature of the discharge (a) Sewage Yes/No effluent (b) Storm Yes/No tank effluent or overflow from a foul sewer Preparing national regulations for water resources management 343 (c) Surface Yes/No water sewer/drain (d) Trade Yes/No effluent (e) Other discharge (give details) 6. Treatment prior to discharge, if any (give details) PART C (To be completed for discharge of biologically treated sewage effluent) 1. Volume of discharge in dry weather m3/d gal/day 2. Maximum rate of discharge l/s gal/hr. 3. Average daily volume of trade effluent, if any, m3 gal received at the works 4. Population to be served by the works and date this will be reached 5. Method of measurement of flows from the works PART D (To be completed for discharge of storm tank effluents and foul sewer overflows) 1. Dry weather flow in associated sewer(s) m3/d gal/day 2. Rate of flow in associated sewers at which l/s gal/hr. overflow will commence 3. Rate of rainfall if known at which overflow will mm/h in/hr. commence 4. If the overflow is situated at a pumping station state what standby equipment is to be provided PART E (To be completed for discharge from surface water sewer/drains) 1. Is any oil to be stored or used in the area served by the sewer/drain? If so what 344 Preparing national regulations for water resources management precautions are to be taken to prevent discharge of oil (e.g. by bunding of tanks, provision of interceptors, etc.)? 2. Are any poisonous, noxious or polluting substances to be stored or used on the premises served in such a manner that they could contaminate surface water (give brief details)? PART F (To be completed for discharge of trade effluent or for any other effluent 1. Trade or process from which discharges will arise 2. Daily volume of discharge - (a) average m3/d gal/day (b) maximum m3/d gal/day 3. Maximum rate of discharge 4. Method of measurement of discharge 5. Maximum temperature of the discharge 6. maximum concentration of any contaminants known to be present in the discharge COMMENTS (IF ANY BY THE WATER RESOURCES BOARD) ______ II - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973 Form 1 Application for Licence to Discharge Waters 1...... , hereby apply for a licence to discharge wastes from premises situated at, ...... into waters described as ...... at the location shown on the plan attached to this application. The occupier of the premises for the purpose of the Act - is/will be* ______Preparing national regulations for water resources management 345 The address for correspondence will be ______The premises - are being/will be* used for ______, and I attach herewith written evidence from the Local Authority of the Area in which the premises are situated verifying that the use of such premises for the above mentioned purposes will not contravene any town-planning scheme, Order in Council, Ordinance or By- law made by such Local Authority respecting the use or development of land. The nature of the wastes is/will be ______as fully described in the report attached to this application in Form 1A. The proposed method of treatment and disposal of the wastes is ______and is more fully described in the said report attached to this application. Written evidence is enclosed from the Local Authority of the Area in which the premises are situated verifying that the Local Authority will not permit the discharge of the wastes into its sewerage. The prescribed fee of $ ______is enclosed. I declare that the statements made in this application are true. Signed: ______Position: ______Date: ______*Delete whichever is inapplicable Form 1A Report Attached to Application for Licence to Discharge Wastes Complete information is required regarding: (a) The quantities, the times and the rates of discharge and the physical, chemical, biological and radioactive components and characteristics of the wastes to which it is desired that the licence apply; (b) The control equipment provided or proposed to be provided in relation to such discharge; (c) The location or proposed location of such discharge; (d) Any investigations into the effects of the discharge of such wastes on such location. (If insufficient space, attach further sheets) Signed: ______Position: ______Date: ______346 Preparing national regulations for water resources management III - AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972 Form 2 Application for Approval to Install, Construct or Modify Apparatus, Equipment or Works Name of Applicant and address for correspondence: FOR OFFICIAL USE ...... ONLY ...... Postcode ...... Fee: Name and address of premises concerned: ...... Date: ...... Approved: ...... Postcode ...... Notified: Date: I hereby make application, in respect of the abovenamed Checked: premises situated at the above address, for the approval of the Under Secretary, Department of Health, in accordance with section 19(1) of the Clean Waters Act, 1970: *to install or construct apparatus, equipment or works for the discharge of pollutants into waters. *to modify existing apparatus, equipment or works for the discharge of pollutants into waters. I am the *owner/occupier of or licensee of the drain on the premises concerned (Licence No...... ). A detailed description of the nature and extent of the proposed work in relation to the discharge of pollutants is submitted with this application. The estimated total cost of the proposed installation, construction or modification in $ ...... I enclose the prescribed fee of $ ...... Signature ...... Official Position ...... Authorised on behalf of ...... Date ...... NOTE: This form when completed, together with any relevant plans, specifications and other data, and such additional technical reports as may be required or requested by the Under Secretary, comprises the application. *Delete where not appropriate To: The Under Secretary, Department of Health Preparing national regulations for water resources management 347 Payment of filing fees IV - UGANDA – The Water (Waste Discharge) Regulations, 1998 FOURTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water (Waste Discharge) Regulations, 1998 Regulation 6 (c) FEES FORM B FEES AMOUNT 1. For processing application for: (a) Registration of existing works 1 00,000 (b) Discharge permit 650,000 (c) Renewal of permit 650,000 (d) A copy of entry from Register 5,000 (e) Works approval 650,000 2. Annual monitoring 650,000 WASTE DISCHARGE FEES BOD LOAD Unit Charge Annual Charge 10kg Oxygen/year (U.Shs. Per Kg Oxygen (U.Shs.) demand 100 and less not charged not charged I 00 - 400 2.0 500,000 400 - 600 2.0 1,000,000 600 - 1,800 2.1 2,500,000 1,800 - 3,000 2.1 5,000,000 3,000 - 3,800 2.2 7,500,000 3,800 - 5,200 2.2 10,000,000 5,200 and over 2.5 13,000,000 Notes: 3 1. Threshold Load: 50m /day; BOD5 50mg/L 2. Values in table are 1.3% of the operation costs of treating wastes (based on 1994 operational costs of NWSC treatment work at Bugolobi). 3. Examples Mbale NWSC sewerage effluent 7,300 m3/day; BODS 89mg/L; Load 2,632x103 kg/year; amount 500,000. Kampala NWSC sewerage effluent 80,800 m3/day; BODS 89mgIL; Load 2,632 and 103 kg/year; amount 5, 000,000. 348 Preparing national regulations for water resources management Step Five - Formatting of waste discharge permits II - CAYMAN ISLANDS - Water Authority Regulations, 1985 Discharge Permit 1. Permit No.: 2. Permit Holder: 3. Address: 4. Nature of Discharge: 5. Location of Discharge: (a) Parcel No.: (b) Block No.: 6. Type of Treatment Works: 7. Type of Disposal Works: 8. Maximum Daily Effluent Flow: 9. Effluent Consent Condition: 10. Date of Expiration 11. Fee: Paid: This permit is granted subject to the provisions of the Water Authority Law, 1982, and the special conditions specified. Failure to comply with the provisions of the Law, or with the terms and conditions of this permit may result in the penalties specified in Section 51(1) and (3) of the Law, and the modification or revocation of this permit. Date: ______Signature and seal of Authority III - IRELAND - Local Government (Water Pollution) Regulations, 1978 Form 1 Licence to Discharge Trade or Sewage Effluent to Waters Local Authority: 1 ______Reference Nº in register: ______To ______ The ( )1, in exercise of the powers conferred on it by the Local Government (Water Pollution) Act, 1977 hereby grants a licence 2/a revised licence in substitution for licence dated ______reference Nª _____ 2 / to discharge ( )3 effluent from ( )4 located at ( )5 to ( )6 at ( )7/subject to the following conditions8: Preparing national regulations for water resources management 349 Dated this ______day of _____19 . ______City/County Manager Order No. ______Directions for completing this form 1 Insert name of local authority. 2 Delete words which do not apply. 3 Insert "trade", "sewage" or "trade and sewage". 4 Insert description of premises, works, apparatus, plant or drainage pipe. 5 Insert location of premises, works, apparatus, plant or drainage pipe. 6 Insert description of the waters. 7 Insert description of point(s) of discharge. 8 Delete if not subject to conditions. VII - UGANDA - The Water (Waste Discharge) Regulations, 1998 FIRST SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE 1995 (Statute No.9 of 1995) The Water (Waste Discharge) Regulations. 1998 PERMIT TO DISCHARGE WASTE (Under regulation 7 of the Water (Waste Discharge) Regulations, 1997) To be completed in triplicate (3). (Regulation 4 (1)) Reference Number Name and Address ______Date of Application:______Date of Consent:______You are hereby permitted to discharge wastes described and at the place identified below subject 10 the Water Statute 1995 and the regulations made thereunder and the conditions set hereunder: Description of Discharge: ______Type:______From:______To:______National grid Reference of Discharge Point: ______Latitude: ______Longitude: ______District: ______County: ______Sub-county: ______Parish/village: ______ This permit shall not be taken as providing a statutory defence against a charge of pollution in respect of any poisonous, noxious or polluting constituents not specified in the permit. 350 Preparing national regulations for water resources management In addition to the conditions specified in the Statute and any other law for the time being in force, this permit is subject to the following conditions: 1. General (a) This permit shall be valid from (date) to (date) (b) For the purpose of applying the conditions identified in section 3 below, the discharge shall provide and maintain facilities which enable the Director's representatives to take flow measurements of the final waste effluent which is discharged to the outlet. The discharger shall identify the facility with a clearly visible sign, distinguishing it from any other and provide a visible notch, mark or device indicating the level equivalent to the maximum instantaneous permitted flow. (c) For the purpose of applying condition 4 the discharger shall provide and maintain facilities which shall enable the Director's representatives to take discrete or composite samples of final waste effluent which is discharged at the outlet. The discharger shall identify the facility with a clearly visible sign distinguishing it from any other. (d) The discharger shall provide to the Director's satisfaction a drawing showing the precise location of the facilities provided in accordance with sub- conditions (b). and (c) above not later than one month prior to the date of enforcement of this permit. (e) Facilities shall be provided for the safe and convenient access to enable the Director's representatives at any time to take samples, carry out flow measurements and inspection to ensure that the conditions of this permit are complied with. 2. As to outlet (see attached separate sheet). 3. As to the volume and rate of discharge (see attached separate sheet). 4. As to the discharge composition (see attached separate sheet). 5. As to the pre-treatment before discharge (see attached separate sheet). 6. As to other conditions (see attached separate sheet). Signature: ______Full Names: ______Director of Water Resources Date: Official reception seal/stamp Preparing national regulations for water resources management 351 Step Six – Appealing from adverse decisions III - UGANDA - The Water (Waste Discharge) Regulations, 1998 FOURTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water (Waste Discharge) Regulations 1998 Regulation 12 FORM D. Official use only Appeal No. Date received: APPEAL AGAINST A DECISION MADE BY THE DIRECTOR OR OTHER AUTHORISED PERSONS MADE UNDER THE WASTE DISPOSAL REGULATIONS NOTE: No person may appeal to the Minister against a decision of the Commissioner to grant a waste discharge permit who did not object to the granting of that permit in the prescribed manner and within the time prescribed. Please complete in triplicate (3) the relevant sections of this form IN BLOCK LETTERS and return to the Director within 30 days of notification of the Director's decision. I/We* hereby lodge my appeal to the Minister against a decision made by Director or other authorised person as detailed below. Signature of Appellant ...... Date ...... Signed on behalf Of...... 1. NAME AND ADDRESS OF APPELLANT (or agent for company) (a) First name Last name Address (b) Acting for (Company/Public Corporation/Partnership/ Co-operative Society)* Address Address for correspondence if different from above *Delete what is not applicable. 352 Preparing national regulations for water resources management TYPE OF DECISION Indicate the type of decision against which you are appealing (delete (a), (b) or (c) whichever are not applicable) (a) Granting of a permit or conditions attached to permit. (b) The granting of a Variation to a permit. (c) The decision to include/exclude commercially confidential information, DETAILS OF DECISION Please give the following details of the decision against which you are appealing: (This information is contained in the letter of notification of the decision sent to you by the Director) Date of decision: Reference: REASONS FOR APPEAL Please give your reasons for appealing against the decision of the Director or other Authorised Person, OTHER RELEVANT INFORMATION Please give details of all information relevant to this appeal, (If there is insufficient room on this form to provide the information please attach the information 10 this form and list the attachments in the space provided). I/We certify that the information provided in this form is complete and correct to the best of my/our* knowledge. Signed...... Date...... Seal/Stamp...... When you have completed this form, you should return it to Directorate of Water Resources, P.O. Box 20026, Kampala together with any attachments indicated above. The Minister will notify you of the outcome of your appeal within a 3 month period from receipt of the appeal, unless you are notified to the contrary. Preparing national regulations for water resources management 353 Step Seven - Recording of decisions and permits I - IRELAND - Local Government (Water Pollution) Regulations, 1978 Form 3 Register of Licences under Section 4 for the Discharge of Trade and Sewage Effluents to Waters Local Authority ...... 1. Reference number of the licence ...... 2. Name and address of applicant ...... 3. Location of the premises, works, apparatus, plant or drainage pipe from which the effluent is discharged: ...... 4. Description of waters to which discharge is made ...... 5. Location of point(s) of discharge ...... 6. Description of effluent ...... 7. Date of grant of licence ...... 8. Conditions attached to licence ...... 9. If licence is a revised licence - reference number of previous licence ...... 10. Notification by An Bord Pleanála of appeal ...... Date ...... Board's reference ...... 11. Result of appeal ...... 354 Preparing national regulations for water resources management III - UGANDA - The Water (Waste Discharge) Regulations, 1998 FOURTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water (Waste Discharge) Regulations, 1998 Regulation 20(2) FORM F. Official use only Exemption No. Date received: APPLICATION FOR EXEMPTION OF INFORMATION FROM THE PUBLIC REGISTER NOTE: This form should be used to apply to the Director for the exclusion of commercially sensitive information from the Public Registers on waste discharges. The completed application form should be submitted to the Director with the application form for a permit to discharge. Please complete the relevant sections of this form IN BLOCK LETTERS attach it to your application for a permit to discharge and return both forms to the Director. J/We* hereby request the Director, under the provisions in the Water (Waste Discharge) Regulations, 1998, to exclude commercially sensitive information from the public register on waste discharges. The information for exclusion and the reasons for exclusion are described below or on the listed attachments. Signature of applicant ...... Date...... Signed on behalf of ...... 1. NAME AND ADDRESS OF APPLICANT (or agent for company) (a) First name Last name Address (b) Acting for CompanyfPartnership/ Public Corporation/Cooperative Society* Address Address for correspondence if different from above. Preparing national regulations for water resources management 355 COMMERCIALLY SENSITIVE INFORMATION FOR EXCLUSION FROM THE 2. REGISTER Please identify specifically the information, included in the application form for a permit to discharge. which you wish to be excluded from the public register. (NOTE: This information must be kept to an absolute minimum): 3. REASONS FOR EXCLUSION OF INFORMATION FROM THE REGISTER Please provide clear justification for each item of information 'you wish to be excluded from the public register. (NqrE: The onus is one the application to justify the exclusion of information. If the Director is not satisfied that your application is justified he will reject your application): 4. ATTACHMENTS (List any attachments to this form in the space below) Please attach all infonnation,. relevant to this application, to this form and list the attachments in the' space provided: I/We* certify that the "information provided in this form is complete and correct to the best of my/our* knowledge. Signed...... Seal/Stamp...... Date...... When you have completed this form, you should: return it to Director of Water Resources, P.O. Box 20026, Kampala together with any attachments as indicated above. The Director may require: - Further information; - To discuss the exemptions with you. before making a determination as to whether the proposed exemptions justified *Delete what is not applicable FIFTH SCHEDULE REGISTRATION [Regulation 19 (2)] WATER (WASTE WATER) DISCHARGE An entry into the register concerning any discharges under regulation 13 for which a permit is granted under regulation 3 relating to water (waste water) discharge, must include: (a) Name of person or Company who has registered or to whom the permit has been granted. (b) Address of person or Company who has registered or to whom the permit has been granted. (c) Location of discharge point (d) Name of District where the discharge occurs. 356 Preparing national regulations for water resources management (e) Name of water way in which the discharge is made. (f) The number of the relevant description of discharge chemical content of water (waste water) discharge. (g) Land related to the discharge. (h) Nature of discharge. (i) Means of discharge. (j) Frequency and capacity of discharge. (k) The permit Number. (I) The duration of permit. (m) Expiry date of permit. (n) Authority that granted the permit. (0) The registration folio of the permit. (p) The date of registration. (q) The authority that registers the permit. (r) Any significant changes to the status of the permit. (5) Any relevant conditions attached to the permit. GERALD M. SENDAULA, Minister of Natural Resources 3.2 General obligations of permit holders Changes in the quantity and/or quality of the waste discharged II - UGANDA - The Water (Waste Discharge) Regulations, 1998 FOURTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water (Waste Discharge) Regulations 1998 Regulation 10(5) FORM C Official use only Charge No. Date received: APPLICATION FOR CHANGE IN OPERATION OR DISCHARGE NOTE: This form should be used to notify the Director of any proposed changes in operation or discharge which may be relevant or significant as defined in the Regulations. The Director will then determine whether the proposed changes are relevant or significant. You must have received an amended or new permit to discharge before implementing the proposed changes. If you know the changes are significant, then you must apply for and be in receipt of a variation to your existing permit to discharge before implementing the proposed changes. Preparing national regulations for water resources management 357 If you fail to notify the Director of significant or relevant changes you will be committing an offence under the Water (Waste Discharge) Regulations and may be liable to a fined or a custodial sentence. Please complete the relevant sections of this form in triplicate (3) IN BLOCK LETTERS and return to the Director. I/We hereby notify the Director of a proposal to modify the operation or discharge currently subject to the existing permit to discharge, reference No. and request the Director to determine whether the proposed changes described amount to a significant or relevant change. Signature of Holder ...... Date ...... Signed on behalf of ...... 1. NAME AND ADDRESS OF HOLDER (or agent for company) (a) First name Last name Address (b) Acting for (Company/Public Corporation/Partnership/ Co-operative Society)* Address Address for correspondence if different from above 2. PROPOSED CHANGES IN OPERATION OR DISCHARGE Describe the proposed changes in operation (If necessary attach plans and other information 10 this no/ice) 3. PROPOSED PRE-TREATMENT Give details of the any proposed pre-treatment or any modifications to the existing system of pre-treatment. (If necessary attach plans and other information /0 this no/ice) * Delete what is not applicable. 358 Preparing national regulations for water resources management 4. EFFECT OF PROPOSED CHANGES IN VOLUME AND COMPOSITION OF EFFLUENT Existing Proposed (a) Discharge rate m3/d Maximum daily Maximum hourly litre/sec (b) Composition (Provide details of new raw materials, Pollutants, changes in concentration of existing pollutants. attach additional information to this form if necessary) 5 Attachments (List an attachments to this form in the space below) I/We certify that the information provided in this form is complete and correct to the best of my/our* knowledge. Signed...... Date ...... Seal/Stamp...... When you have completed this form, you should return it to Directorate of Water Resources, P.O. Box 20026, Kampala together with any attachments indicated above. The Director may require: - Further information - To inspect your premises - To discuss the proposed changes with you before making a determination as to whether the proposed changes are significant, relevant or not. Preparing national regulations for water resources management 359 3.3 Management of waste discharge permits I - AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972 Form 7 Application for Transfer of a Licence Name and address of Applicant: ...... Postcode ...... FOR OFFICIAL USE ONLY Location and description of drain/activity* ...... Fee: ...... Date: ...... Approved: ...... Checked: Current Licence No.: ...... *Date of occupation of premises by applicant: ...... I hereby apply to the Under Secretary, Department of Health, pursuant to section 20, subsection (8) of the Clean Waters Act, 1970, for the transfer of the above- mentioned licence from ...... of ...... to ...... of ...... I enclose the appropriate prescribed fee of $ ...... I accept the conditions attached to the Licence. Signature ...... Position ...... Authorised on behalf of ...... Date ...... I, ...... , the holder of the abovementioned licence, hereby consent to the transfer of such licence in accordance with this application. Signed ...... * Delete where not appropriate. NOTE: The current licence for the above drain may have conditions attached which, unless specifically varied by the Under Secretary, shall also apply to the licence when transferred. Should the applicant for the 360 Preparing national regulations for water resources management transfer of the existing licence wish to make any alteration to the manufacturing or trade process which may affect the quality of the receiving waters, or vary the volume of wastes discharged, or change the quality of the wastes discharged, then it will be necessary for an application to be made for a new licence. To: The Under Secretary Department of Health VI - UGANDA - The Water (Waste Discharge) Regulations, 1998 FOURTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water (Waste Discharge) Regulations, 1998 Regulation 13(2) FORM E Official use only Appeal No. Date received: NOTIFICATION OF TRANSFER OF PERMIT TO DISCHARGE WASTE NOTE: This form should be used to register the transfer of a permit to discharge for an existing discharge to the new owner of the operation to which it applies. If the operation is to change in any way a new permit to discharge must be obtained before the changes can be implemented. Please complete the relevant sections of this form in triplicate (3) IN BLOCK LETTERS and return to the Director within 21 days of the transfer. I/We hereby notify the authority that the permit to discharge, reference No...... was transferred to new holder on ...... Signature of New Holder ...... Date ...... Signed on behalf of ...... Preparing national regulations for water resources management 361 1. NAME AND ADDRESS OF NEW HOLDER (or agent for company) (a) First name Last name Address (b) Company name Address Address for correspondence if different from above 2. REASONS FOR TRANSFER Please give your reasons for transferring this permit to other persons or company NOTE: It is an offence. under the Water (Waste) Discharge Regulations 1998, to fail to register the transfer of this permit within 21 days of the transfer taking place. If you fail to do so you may be subject to a fine or a custodial sentence. I/We certify that the information provided in this form is complete and correct to the best of my/our* knowledge. Signed ...... Date...... Seal/Stamp...... When you have completed this form, you should return it to Directorate of Water Resources, P.O. Box 20026, Kampala together with any attachments indicated above. The Director may require: - Further information; - To discuss the transfer with you. before making a determination as to whether the proposed transfer is acceptable. 362 Preparing national regulations for water resources management 3.4 Charging for discharging waste under a permit III - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 Seventh Schedule Method of Computing Effluent-related Licence Fee 1. The amount of effluent-related licence fee shall be subject to: (1) the total amount of organic loading determined as the total biochemical oxygen demand (BOD5 at 20ºC) of the effluent expressed in metric ton (tonne); (2) the total amount of toxicity determined as the total amount of contaminants, listed as parameters (vi) to (xvi) in the Third Schedule¹ and parameters (xi) to (xviii) listed in the Fifth Schedule1, present in the effluent expressed in kilogrammes (kg); and (3) the total amount of other toxicity determined as the total amount of contaminants, listed as parameters (xvii) to (xxiii) in the Third Schedule¹ and any other parameters the Director-General thinks fit present in the effluent expressed in kilograms (kg). 2. The licence fee shall be computed in accordance with paragraph 1 of this schedule as follows: FEE per kg of Inland Waters into which per tonne of per kg of effluent is discharged BOD load contaminants contaminants specified in specified in specified in sub- sub-paragraph sub-paragraph 1(2) paragraph 1(3) 1(1) (a) Inland waters specified $100.00 $500.00 $100.00 in regulation 8(1)(a) (b) Any other inland waters $ 10.00 $ 50.00 $ 10.00 1 Omitted. APPENDIX III Forms under Chapter III GROUNDWATER DEVELOPMENT AND CONSERVATION 2. PRIOR NOTIFICATION OF BOREHOLE DIGGING OR WELL DRILLING OPERATIONS II - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 FORM 3 Regulation 5(1) NORTHERN TERRITORY OF AUSTRALIA Water Regulations APPLICATION FOR A WATER INVESTIGATION PERMIT Pursuant to section 36 of the Water Act (for persons other than those authorised under section 20(2) of the Water Act) Application No...... (office use only) 1. GENERAL Name of Applicant: ...... (surname) (given names) Postal Address: ...... Post Code ...... Phone No...... 2. PROPERTY AFFECTED BY INVESTIGATION (a) In relation to the property/properties on which investigation will be undertaken. (i) Name of *owner/*occupier ...... (ii) Address of *owner/*occupier...... (b) Property description: Lot No...... Section No...... Hundred of ...... Portion No...... Township ...... Lease No./Name ...... (If insufficient space, attach details to this application.) (c) A map of appropriate scale showing the relevant property/ properties should be attached to this application. 364 Preparing national regulations for water resources management 3. INVESTIGATION DETAILS (a) Purpose of investigation (tick as appropriate) Groundwater Surface water Gauging - temporary - long term Water Quality analysis Bores to be sunk Approximate number of bores ...... Surface geophysics Geophysical bore logging Bore test and pumping Other. Give details ...... (b) General description of investigation project and likely timing of execution...... NOTE: ADVERTISING OF APPLICATION The Controller of Water Resources may give notice of this application to those likely to be affected by its approval. Signing of this application approves the advertising by the Controller of this application in one edition of a newspaper circulating generally in the locality of the proposed works. The cost of advertising shall be borne by the applicant. Applicant's Signature ...... Date ...... To: The Controller of Water Resources (address} * Delete as necessary Preparing national regulations for water resources management 365 3. PERMITS TO DIG OR DRILL BOREHOLES AND TO CONSTRUCT WELLS 3.1 The Granting of Permits Step One - Filing of an application Format of applications I - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 FORM 9 Regulation 7(1) NORTHERN TERRITORY OF AUSTRALIA Water Regulations APPLICATION FOR A BORE CONSTRUCTION PERMIT Pursuant to section 57 of the Water Act Application No...... (office use only) 1. GENERAL Name of Applicant: ...... (surname) (given names) Postal Address: ...... Post Code ...... Phone No...... Property on which bore is, or will be, located - Lot ...... Section No ...... Hundred of ...... Portion No...... Township ...... Lease No/name ...... I am the *owner/*occupier/*lessee of the property. Please attach sketch plan showing - (a) lands in the immediate vicinity (i.e. lot, section, lease numbers, boundaries, etc.) on adjacent allotments or within 500 metres; (b) location of any existing bores in the vicinity; (c) location of any effluent trench or waste disposal point within 200 metres; (d) direction of ground slope; (e) existing or proposed access tracks; (f) preferred location of bore. 2. DRILL OR CONSTRUCT A *NEW/*REPLACEMENT BORE Intended uses of proposed bore: Yes No (a) Stock (b) Domestic (c) Irrigation areas larger that 0.5 hectares. Please indicate area and likely crops to be grown. 366 Preparing national regulations for water resources management Type Hectares ...... Yes No (d) Industrial Use Nature of Industry ...... Annual water use in kilolitres ...... (e) Recreation or Environmental Purposes Nature of Use ...... Annual water use in kilolitres ...... (f) Community or Multi dwelling supply No of units ...... Annual water use in kilolitres ...... (g) Hydrogeological Investigation Attach details of activities and program (h) Other. Please attach details ...... Note: A Permit to construct a bore does not guarantee the right to extract water for other than basic stock and domestic purposes. A Licence to Take Groundwater may be necessary, particularly where larger volumes are involved. 3. WORK ON AN EXISTING BORE Registered number of Bore (if known) ...... Depth of Bore ...... metres. Year of drilling ...... Casing(s) at present in bore (show each string separately) (1) Type ...... Diam ...... /mm from ...... m to ...... m (2) Type ...... Diam ...... /mm from ...... m to ...... m (3) Type ...... Diam ...... /mm from ...... m to ...... m Details of cementing ...... Details of screen ...... Nature of Work: (a) DEEPENING THE BORE State proposed depth of bore ...... metres Any other details ...... (b) PLUGGING, BACKFILLING OR SEALING OFF THE BORE State reasons ...... (c) REMOVING, REPLACING, ALTERING SLOTTING OR REPAIRING THE CASING, LINING OR SCREEN, OR ENLARGING BORE DIAMETER Give details ...... Preparing national regulations for water resources management 367 4. ADDITIONAL COMMENTS/ADVICE/INFORMATION IN SUPPORT OF APPLICATION ...... Applicant's Signature...... Date ...... To: The Controller of Water Resources...... (address) * delete as necessary. FORM 14 Regulation 9(1) NORTHERN TERRITORY OF AUSTRALIA Water Regulations APPLICATION FOR A LICENCE TO TAKE GROUNDWATER Pursuant to section 60 of the Water Act Application No...... (office use only) 1. GENERAL Name of Applicant: ...... (surname) (given names) Postal Address: ...... Post Code ...... Phone No...... Property on which bore is, or will be, located - Lot ...... Section No ...... Hundred of ...... Portion No...... Township ...... Lease No/name ...... I am the *owner/*occupier/*lessee of the property (delete as necessary). 2. INTENDED WITHDRAWAL Approx Maximum (a) IRRIGATION Annual Weekly/ Area in Water Monthly Hectares Volume Volume (i) Permanent Planting (ii) Annual Crop (iii) Other (describe) TOTAL 368 Preparing national regulations for water resources management (b) INDUSTRIAL Type of Industry ...... Estimated Annual Usage ...... kilolitres (c) RECREATION/ENVIRONMENT Details ...... Estimated Annual Usage ...... kilolitres (d) COMMUNITY OR MULTI DWELLING SUPPLY Details ...... Estimated Annual Usage ...... kilolitres (e) *STOCK AND DOMESTIC Details ...... Estimated Annual Usage ...... kilolitres (f) OTHER Details ...... Estimated Annual Usage ...... Kilolitres 3. DETAILS OF BORE AND PUMP (if known) ______BORE PUMP ______No. Depth Diameter Type & Power Capacity l/sec ...... ______ Method of Irrigation: Spray ...... ha Furrow ...... ha (where applicable) Flood ...... ha Trickle ...... ha 4. ADDITIONAL INFORMATION (a) Will there be any waste water generated by the proposed use? If yes, state estimated quantity and proposed means of disposal ...... (b) A licence is normally granted for two years. However, should you feel there are special circumstances that justify granting a licence for a period exceeding 2 years, full details must be attached to this application. (c) The Controller of Water Resources may require additional information regarding the effect the proposed extraction will have on the groundwater resource the applicant proposes to exploit. (d) Additional comments/advice/information in support of application ...... Applicant's Signature...... Date ...... To: The Controller of Water Resources (address) * Information required only in those cases where water withdrawn from a bore is used for several purposes, one of which is domestic, stock or home garden use. Preparing national regulations for water resources management 369 II - JAMAICA - Water resources regulations, 1995 THE WATER RESOURCES ACT APPLICATION FOR CONSENT OF AUTHORITY TO WELL-DRILLING FORM C (Regulation 18 (1)) (To be completed in duplicate) Application No...... 1. Name of Applicant ...... 2. Address of Applicant ...... 3. Location of proposed work or of existing work ...... 4. Indicate the nature of your interest in the land on which well. drilling is to take place (i.e. whether you are owner, lessee. tenant, etc.)...... 5. Name of Drilling Contractor ...... 6. Address of Drilling Contractor...... 7. Purpose of drilling ...... 8. Technical details: (i) Estimated depth of borehole or well ...... metres (ii) Diameter of borehole or well...... centimetres (iii) Method of drilling...... (iv) Method of construction ...... (v) In the case of artesian supplies, the method proposed for controlling the flow from the borehole and for preventing leakage around the borehole lining ...... (vi) Other technical information ...... 9. Any further matters which the Authority should take into account in considering the application ...... Note: Completed forms must be accompanied by (1) two copies of a map on a scale of 1: 50,000 showing location of proposed well along with such other maps, documents and information as the Authority may require; and (2) the relevant fee. I hereby apply for the consent of the Authority .under the Water Resources Act for the drilling of a well and hereby declare that to the best of my knowledge the above particulars are true and correct...... Signature of Applicant Date...... ______370 Preparing national regulations for water resources management To be completed by the Secretary of the Authority Indicate whether application granted or refused...... Date of grant or refusal...... If application refused. reason for refusal ...... ...... Secretary. Water Resources Authority...... Date III – UGANDA - Water Resources Regulations, 1998 SIXTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water Resources Regulations, 1998 FORM F1 Regulation 16 (2) APPLICATION FOR A CONSTRUCTION PERMIT To be completed in triplicate (3) 1. NAMES AND ADDRESSES Names of Company/Cooperative Society/Public Corporation/Partnership*...... Address:...... Telephone: ...... Designation: ...... Acting for Company/Partnership/Public Corporation/NGO/Cooperative Society*...... Postal address (if different from above):...... District: ...... Main Activity:...... *Delete what is nor applicable. 2. COMPANY/ CO-OPERATIVE SOCIETY/ PUBLIC CORPORATION/ PARTNERSHIP NAME Will you work for a company under your permit? ( ) Yes ( ) No If Yes, please give the name, address, registered number and trading licence of that company: Name: ...... Address:...... Date of registration:...... Trading Licence No: ...... 3. EQUIPMENT List the relevant construction equipment and vehicles possessed by you or your employer. Attach an extra sheet of paper if necessary. Preparing national regulations for water resources management 371 4. STAFF Give brief details of the name, age, relevant qualifications and experience of any people employed by you or the company, who will work on construction under the permit. 5. YOUR EXPERIENCE What formal qualifications do you have to undertake a construction work?...... Give details of any previous construction permit which you have held: ...... Give the following details about any construction work you have previously undertaken: Client name: ...... Description of work:...... Date of work: ...... 6. FURTHER RELEVANT INFORMATION Attach any other relevant infonnation to the one already specified DECLARATION OF THE APPLICANT I certify that the infonnation provided in this form is correct to the best of my knowledge. I also agree that no decision will be made nor action taken with respect to this applicatIon until I recleve a notification from the Directorate of Water Resources that I have provided all the necessary infonnation. Signature of applicant Official seal/stamp Full names Date: NOTE: When you have completed this form and the appropriate attachments, you must attach CASH or CHEQUE for Ushs. for processing the application and send them to: The Director Directorate of Water Resources P.O. Box 20026 Kampala The Director may require you to advertise this application at your cost in a way specified by the Director. OFFICIAL USE ONLY RECEPTION DATE: (D) (M) (Y) APPLICATION NUMBER 372 Preparing national regulations for water resources management Step Two - Review of applications III - CAYMAN ISLANDS - Water Authority Regulations, 1985 Schedule 1 Notice of Application for a Licence to Abstract Groundwater In accordance with the Water Authority Law, I ...... hereby give notice of my intention to… abstract (Name) groundwater for other than domestic use ... on Block No...... ; Parcel No...... ; being in the district of ...... (District) Plans for this proposal can be viewed free of charge at the Water Authority office at any reasonable hour. Any person wishing to make objections should do so in writing to the Water Authority within 14 days of the date of publication of this notice. III - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 FORM 4 Regulation 5(2) NORTHERN TERRITORY OF AUSTRALIA Water Regulations NOTICE OF APPLICATION Pursuant to section 36 of the Water Act I, ...... (the Controller) hereby give notice of an application for a Permit to Investigate for Water on land situated at ...... (description of land) Any enquiries concerning this application should be directed to the (name of person). Any objection to the issue of such a Permit must be forwarded in writing to reach me at(address), within 30 days of the date hereof. Dated Controller of Water Resource Preparing national regulations for water resources management 373 3.2 Format of permits IV - CAYMAN ISLANDS - Water Authority Regulations, 1985 Schedule 1 Groundwater Abstraction Licence 1. Licence No. 2. Licence holder: 3. Address: 4. Location of well: Parcel No. Block No. 5. Type of well: 6. Works authorized: 7. Date by which works to be completed: 8. Maximum daily abstraction quantity: 9. Maximum abstraction rate: 10. Purpose of use: 11. Date of expiration: 12. Fee: Paid: This licence is granted subject to the provisions of the Water Authority Law No. 18 of 1982, and the special conditions specified. Failure to comply with the provisions of the Law, or with the terms and conditions of this licence may result in the penalties specified in section 51(1) and (3) of the Law, and the modification or revocation of this licence. Date: Signature and seal of Authority: V - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 FORM 5 Regulation 5(4) NORTHERN TERRITORY OF AUSTRALIA Water Regulations WATER INVESTIGATION PERMIT Pursuant to section 36 of the Water Act Permit No...... Subject to full compliance with the Water Act, Regulations and the terms and conditions set out below, permission is granted to ...... of ...... to enter the land situate at Lot No...... Section No...... Hundred of ...... Portion No...... Township ...... Lease No./name ...... to investigate for water. This Permit remains in force for a period of ...... months from the date of this Permit. 374 Preparing national regulations for water resources management Terms and Conditions 1. The permittee shall give notice in writing to the owners and occupiers of all of the lands abovementioned upon which he wishes to enter for the purpose of the water investigation at least 14 days prior to entry. Any such notice shall clearly indicate the work proposed to be carried out on the land and the name and place of business of each person who will enter on the land to carry out the work. 2. This Permit does not entitle the permittee to enter upon any lands - (a) within the curtilage of any dwelling house; (b) upon which any crop, vines or orchard is situate; (c) occupied pursuant to a mining tenement within the meaning of section 4 of the Mining Act other than with the permission of the tenement holder. 3. Any structure, equipment or any other thing attached to the land pursuant to this Permit shall not be deemed to have become a fixture for the purpose of giving the owner or occupier of the land a proprietary interest in such structure, equipment or thing. 4. The permittee shall ensure that as little damage as is practicable is done to any land entered pursuant to this Permit and that, upon completion of the investigations, the land is restored as nearly as is reasonably practicable to the condition in which it was before the commencement of the investigations, or alternatively in accordance with prior agreement between the parties. The Permit holder is liable for compensation to the land holder for damage caused by entry or works. 5. The permittee shall furnish copies of any data obtained during the investigation to the Controller of Water Resources at the end of the investigation period or as otherwise required by this Permit and at such times as the Controller may request during the operation of this permit. 6. The following specific conditions will apply - Controller of Water Resources ...... Date ...... Note: Every application for a reissue of a permit shall be made not later than one calendar month prior to the date of expiry of this permit. Preparing national regulations for water resources management 375 FORM 10 Regulation 7(2) NORTHERN TERRITORY OF AUSTRALIA Water Regulations BORE CONSTRUCTION PERMIT Pursuant to section 57 of the Water Act Permit No...... Subject to full compliance with the terms and conditions set out below, permission is granted to ...... of ...... to undertake the following work ...... located at Lot ...... Section No...... Hundred of ...... Portion No...... Township ...... Lease No./name ...... Such work must be completed within 12 months from the date of this Permit. Terms and Conditions 1. All work will be undertaken in accordance with sound water bore drilling practices, to the satisfaction of the Controller of Water Resources. 2. Work will only be carried out by persons holding a recognised ...... drilling licence. 3. The following specific conditions will apply: ...... Controller of Water Resources ...... Date ...... Note: Every application for a reissue of a Permit shall be made not later than one calendar month prior to the date of expiry of this Permit. FORM 15 Regulation 9(2) NORTHERN TERRITORY OF AUSTRALIA Water Regulations LICENCE TO TAKE GROUNDWATER Pursuant to section 60 of the Water Act Licence No...... ______Licensee: Expiry Date Water District / / (if applicable) ______Address: Registered Number Purpose: kilolitres of bore(s) per year Irrigation ...... 376 Preparing national regulations for water resources management Industrial ...... Recreation/ LOCATION OF Environment ...... PROPERTY * Domestic or Stock Community ...... Other ...... TOTAL: ...... ______ The holder of this licence may withdraw the quantity of ground-water stated above from the listed bore(s), subject to the provisions of the Water Act, Regulations and the following terms and conditions. Terms and Conditions 1. All water withdrawn or taken under this licence shall be used on the land in respect of which this licence is issued for the purposes endorsed on the licence and may not be used on any other land or for any other purpose without approval of the Controller of Water Resources. 2. This licence shall be valid for the period endorsed on the licence subject to Condition No. 3 below. 3. This licence may be revoked, suspended or modified at any time in the circumstances and in the manner prescribed by the Water Act. 4. The holder of the licence shall not permit any withdrawn water to be wasted 5. The holder of the licence shall furnish returns of quantity of water withdrawn if so requested. 6. The following specific conditions shall apply - Controller of Water Resources ...... Date ...... Note: Every application for a reissue of a licence shall be made not later than one calendar month prior to the date of expiry of this licence. Only in cases where water withdrawn from a bore is used for several purposes, one of which is domestic, stock or home garden use. VI - JAMAICA - Water resources regulations, 1995 FORM D (Regulation 18 (2)) Consent No...... THE WATER RESOURCES ACT CONSENT OF THE WATER RESOURCES AUTHORITY TO WELL-DRILLING ...... of Name ...... Address Preparing national regulations for water resources management 377 is hereby given consent to: sink ( ) enlarge ( ) Tick as appropriate otherwise alter ( ) a well on land located at ...... subject to the provisions of the Water Resources Act and Regulations made thereunder and to such terms and conditions 81 are specified herein. Terms and Conditions 1. This consent shall be valid for a period of...... from the date hereof. subject to the provisions of the Act and the regulations relating to its revocation, suspension and variation. 2. The following works only are hereby authorized to be done: -- ...... Additional Terms and Conditions (if any). Dated this day of 19 Seal ...... Secretary. Water Resources Authority. VII – UGANDA - Water Resources Regulations, 1998 SIXTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water Resources Regulations, 1998 FORM F3 Regulation 19 (1) and (2) CONSTRUCTION PERMIT To be completed in triplicate (3) Permit No...... Name and Address ...... You are hereby authorised to carry out the following works: ...... Location (District. County, Sub-county, Parish, Villages, Volume /Block, Folio Number/Plot Number):...... 378 Preparing national regulations for water resources management This permit shall be valid from (date) ...... to (date) ...... In addition to the extra conditions specified in these regulations and other law in force, this permit is subject to the following conditions: 1...... 2...... 3...... 4...... 5...... 6...... Date: ...... Signature Official Stamp ...... Name Director of Water Resources 3.3 General obligations of permit holders VII - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations. Kingdom of Saudi Arabia No. 18 Ministry of Agriculture & Water Date: ………………………………. Water Preservation Dept. Permits & Control Section Serial No. Subject: Drilling Permit The Director of ...... Branch Office of the Ministry Dear Sir, Reference is made to the request of Mr...... submitted to this Dept. with your letter No dated /../ regarding a permit for drilling a ...... on a farm, located in...... , owned by ...... , the boundaries of which are:...... east ...... west ...... south ...... north, for the purpose of irrigation. The information forwarded by you indicates that the said farm is already existing and that it is in need of a water well. Therefore, the concerned Tech. Dept. of this Ministry sees no objection to issuing this permit provided that the drilling shall be performed within the farm limits and that no trespassing shall occur on the lands of any other farmer. The Drilling contractor shall abide by the following: The Contractor shall undertake to use the equipment necessary to execute the contractual work and he shall supply all the required technicians and labour to carry out the job. Preparing national regulations for water resources management 379 Both parties to the drilling contract shall follow these conditions: 1- The well depth shall not exceed .m. 2- Well casing pipes shall be used, and cement shall be used around the casing to fill the space between the casing and the well walls. 3- The distance between the proposed well and any other well on the same farm shall not be less than 500 m. The contractor shall comply with the following: 1- The well must be drilled vertically using safety materials, the necessary casing, cement and well screens. 2- The verticality of the well shall be tested every 100 feet, and in case of any deformity of the bore the contractor shall correct it, or drill a replacement well at his own expense. If the well is drilled in an improper way resulting in water leakage, or if it shows within one year of its drilling, any defect that may affect the best use of it, the Contractor shall plug it tightly and replace it by another one. If the well is drilled in areas which have some water problems, like a high water level, flowing water etc., the Contractor shall then use some control facilities to preserve water resources. 1- The Contractor shall use good quality materials such as API H (40) casing pipe specifications and the weight shal1 not be less than 48 lbs/ft for 13 ½ inch pipe, but 36 lbs/ft for 9 5/8 inch pipe, and 23 lbs/ft for 7 inch pipe. 2- The Contractor shall be responsible for the installation of casing and in case pipes used are different in specifications he will be responsible. Moreover he will be responsible for any violations of the permit provisions, such as drilling on a farm not covered by a permit. The Contractor shall not start his operations in an area already covered by a permit, and where the conditions above prevail, until often period of 15 days has elapsed after providing the Ministry with details on those conditions signed by both parties. The Contractor shall provide the Ministry's Water Resources Development Dept. with soil samples taken at 3m intervals in the well, some water samples, well conditions, static water level, production capacity, etc The Ministry may supervise and inspect the well drilling contractor's operation to check his compliance with these rules and specifications. The Ministry shall decide in any disputes pertaining to the drilling operations. Both parties shall sign this permit (in 1 original and 3 copies) and each party shall retain one of the copies; the third copy shall be filed with the concerned Ministry Branch or Dept. Branch. This Permit will be valid until the contractor starts working by it, or for three years from its date. 380 Preparing national regulations for water resources management Director General, Water Preservation Dept. ______Signed cc: the drilling permits file with the complete file the applicant the contractor the outgoing mail for reference. The Supervisor The Contractor The land Owner ______Signed Signed Signed 5. LICENSING OF WELL DRILLERS 5.1 Granting of licences or registering as a well driller Step One - Applying to be Registered as a Driller or for a Driller's Licence III - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 FORM 16 Regulation 10(1) NORTHERN TERRITORY OF AUSTRALIA Water Regulations APPLICATION FOR DRILLING LICENCE Pursuant to section 49 of the Water Act Application No...... (office use only) Application for (tick relevant box) Drilling Licence Class I Drilling Licence Class II Drilling Licence Class III Renewal of Drilling Licence Variation to the Drilling Licence Name of Applicant: ...... (surname) (given names) Date of Birth: ...... Preparing national regulations for water resources management 381 Postal Address: ...... Post Code ...... Phone No...... NT Drilling Licence No. (if held) ...... Licence(s) held in other States of Australia ...... Current Employer ...... Postal Address ...... Post Code ...... Phone No ...... OR If self-employed - trading as ...... (Company name) Postal Address ...... Post Code ...... Phone No ...... Approximate number of bores drilled during past three years Class I ...... Class II ...... Class III ...... Under Supervision: Yes/No Localities where drilling has been carried out ...... Types of Drilling rigs currently being operated or operated during past three years - Rotary Mud Rig Make ...... Capacity (M) ...... Rotary Air Rig Make ...... Capacity (M) ...... Reverse Circulation Rig Make ...... Capacity (M) ...... Cable Tool Rig Make ...... Capacity (M) ...... Other (specify) Rig Make ...... Capacity (M) ...... Variation applied for ...... I declare all the above information is correct in every particular. Applicant's Signature ...... Date ...... Note: It is the responsibility of the applicant to supply whatever information he/she considers necessary to fully support the application for licensing. To: The Controller of Water Resources (address) EXPLANATION OF CLASS CLASS I This licence is restricted to drilling operations in single non- flowing aquifer systems. CLASS II This Licence, in addition to operating in Class I conditions, permits drilling in multiple non- flowing aquifer systems. 382 Preparing national regulations for water resources management CLASS III This Licence, in addition to operating in Class II conditions, permits drilling operations in flowing aquifer systems. IV - JAMAICA - Water resources regulations, 1995 FORM E (Regulation 19 (1)) (To be completed in duplicate) Application No...... THE WATER RESOURCES ACT APPLICATION FOR WELL-DRILLER'S LICENCE 1. Name of Applicant ...... 2. Address of Applicant ...... 3. Date of birth ...... 4. Educational background ...... 5. Indicate specific training relevant to well-drilling...... 6. Indicate specific experience in well-drilling...... 7. Are you self-employed? ...... 8. If not self-employed: Name of Employer...... Address of Employer ...... How long employed by present Employer? ...... 9. State names and addresses of two references ...... Note: Completed forms must be accompanied by: (a) such documents or information as the Authority may require: and (b) the relevant fee. I hereby apply for a well-driller's licence pursuant to the Water Resources Act and declare that to the best of my knowledge the above particulars are true and correct. I further declare that I am able to read and to make written reports on any well-drilling activity which I might undertake. ………………………………………………….. ………………………. Signature of Applicant Date ______(To be completed by the Secretary of the Authority) Indicate whether application granted or refused ...... Date of grant or refusal...... Preparing national regulations for water resources management 383 ...... If application refused, reason for refusal ...... Date Secretary. Water Resources Authority. Step Three – Formatting of licences I - CAYMAN ISLANDS - Water Authority Regulations, 1985 Schedule 1 Well Driller's Licence 1. Licence No. 2. Licence Holder: 3. Address: 4. Date of expiration: 5. Fee:Paid: This licence is granted subject to the provisions of the Water Authority Law No. 18 of 1982, and the special conditions specified. Failure to comply with the provisions of the Law, or with the terms and conditions of this licence may result in the penalties specified in section 51(1) and (3) of the Law, and the modification or revocation of this licence. Date: Signature and Seal of Authority: III - JAMAICA - Water resources regulations, 1995 FORM F (Regulation 19 (3) ) Licence No...... THE WATER RESOURCES ACT WELL-DRILLER'S LICENCE ...... Of ...... (Name of Licensee) (Address of Licensee) ...... is hereby granted a licence to practise as a well-driller, subject to the provisions of the Water Resources Act and Regulations made thereunder and to such terms and conditions as may be specified herein. 384 Preparing national regulations for water resources management The licence shall be valid for a period of...... from the date hereof, subject to the provisions of the Act and regulations relating to its revocation and suspension. Terms and Conditions of Licence (if any) ...... Dated this day of 19 Seal ...... Secretary. Water Resources Authority. IV – UGANDA - Water Resources Regulations, 1998 SIXTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water Resources Regulations, 1998 FORM F2 Regulation 19 (1) (2) DRILLING PERMIT To be completed in triplicate (3) Permit No...... Name and Address ...... You are hereby authorised to operate the business of constructing boreholes in the following districts of Uganda: ...... This permit shall be valid from (date) ...... to (date) ...... In addition to the conditions specified in regulations 21 and 22, this permit is subject to the following conditions: 1...... 2...... 3...... 4...... 5...... 6...... Date: ...... Signature Official Stamp ...... Name Director of Water Resources Preparing national regulations for water resources management 385 V - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 FORM 17 Regulation 10(2) NORTHERN TERRITORY OF AUSTRALIA Water Regulations DRILLING LICENCE Pursuant to section 49 of the Water Act LICENCE NO...... CLASS: ...... (see reverse for explanation) EXPIRY DATE: ...... Subject to the provisions of the Water Act, Regulations and the following terms and conditions, a Drilling Licence is granted to...... of: ...... for drilling by method(s) shown hereunder: ...... Terms and Conditions 1. All drilling shall be undertaken in accordance with sound drilling practices. 2. If in the course of operations on a bore a situation arises which causes the activity to move beyond the bounds of the particular Drilling Licence held by you, you shall immediately advise the Controller of Water Resources and further only continue operations under supervision of a suitably licensed person or as otherwise directed by the Controller of Water Resources. 3. Records and samples shall be retained and provided as set out in regulation 11 of the Water Regulations. 4. The following specific conditions will apply – Controller of Water Resources Date: ...... Signed: ...... Licensee Note: Every application for a reissue of a Licence shall be made not later than one calendar month prior to the date of expiry of this Licence. APPENDIX IV Forms under Chapter IV WATER RESOURCES DEVELOPMENT AND FLOOD CONTROL 2. GOVERNMENTAL CONTROL OF WATER DEVELOPMENT WORKS AND STRUCTURES V – UGANDA – Water Resources Regulations, 1998 SIXTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water Resources Regulations, 1998 FORM F1. Regulation 16 (2) APPLICATION FOR A CONSTRUCTION PERMIT To be completed in triplicate (3) 1. NAMES AND ADDRESSES Names of Company/Cooperative Society/Public Corporation/Partnership*...... Address: ...... Telephone: ...... Designation: ...... Acting for Company/Partnership/Public Corporation/NGO/Cooperative Society* Postal address (if different from above):...... District: ...... Main Activity: ...... *Delete what is not applicable. 2. COMPANY/ CO-OPERATIVE SOCIETY/ PUBLIC CORPORATION/ PARTNERSHIP NAME Will you work for a company under your permit? ( ) Yes ( ) No If Yes, please give the name, address, registered number and trading licence of that company: Name:...... Address: ...... Date of registration: ...... Trading Licence No: ...... 3. EQUIPMENT List the relevant construction equipment and vehicles possessed by you or your employer. Attach an extra sheet of paper if necessary. 388 Preparing national regulations for water resources management 4. STAFF Give brief details of the name, age, relevant qualifications and experience of any people employed by you or the company, who will work on construction under the permit. 5. YOUR EXPERIENCE What formal qualifications do you have to undertake a construction work:? ...... Give details of any previous construction permit which yuu have held:...... Give the following details about any construction work you have previously undertaken: Client name: ...... Description of work:...... Date of work: ...... 6. FURTHER RELEVANT INFORMATION Attach any other relevant information to the one already specified DECLARATION OF THE APPLICANT I certify that the information provided in this form is correct to the best of my knowledge. I also agree that no decision will be made nor action taken with respect to this application until I receive a notification from the Directorate of Water Resources that I have provided all the necessary information. Signature of applicant Official seal/stamp Full names ______Date: ______ NOTE When you have completed this form and the appropriate attachments, you must attach CASH or CHEQUE for Ushs. for processing the application and send them to: The Director Directorate of Water Resources P.O. Box 20026 Kampala The Director may require you to advertise this application at your cost in a way specified by the Director. OFFICIAL USE ONLY RECEPTION DATE: (D) ______(M) ______(Y) ______APPLICATION NUMBER ______Preparing national regulations for water resources management 389 SIXTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water Resources Regulations, 1998 FORM F3 Regulation 19 (1) and (2) CONSTRUCTION PERMIT To be completed in triplicate (3) Permit No...... Name and Address...... You are hereby authorised to carry out the following works: ...... Location (District, County, Sub-county, Parish, Villages, Volume /Block, Folio NumberlPlot Number):...... This permit shall be valid from (date) to (date)...... In addition to the extra conditions specified in these regulations and other law in force, this permit is subject to the following conditions: 1...... 2...... 3...... 4...... 5...... 6...... Date:...... Signature Official Stamp ...... Name Director of Water Resources VI - AUSTRALIA – NORTHERN TERRITORY – Water Regulations, 1999 FORM 6 Regulation 6(1) NORTHERN TERRITORY OF AUSTRALIA Water Regulations APPLICATION FOR A PERMIT TO CONSTRUCT OR ALTER WORKS Pursuant to section 41 of the Water Act Application No...... (office use only) 1. GENERAL Name of Applicant: ...... (surname) (given names) Postal Address: ...... Post Code ...... Phone No...... 390 Preparing national regulations for water resources management 2. PROPERTY DETAILS (a) Details of property on which construction or alteration will occur - Lot ...... Section No...... Hundred of ...... Portion No...... Township ...... Lease No/name ...... (b) Nature of applicant's interest in the land on which construction or alterations will occur is as *owner/ *occupier/*lessee of the property. 3. DETAILS OF PROPOSED CONSTRUCTION OR ALTERATION (a) The proposed works are - (i) New works (ii) Alteration to existing works, dam or water storage (iii) Other. Give details ...... (b) As an attachment to this application, describe the proposed construction of or alterations to works, including the size (significant and principal dimensions of structure or influence on locality, attach appropriate plans and drawings), method of construction, supervision, duration of construction or alteration and any ongoing maintenance works. (c) As an attachment to this application, provide a map showing the location of the proposed works in relation to the water course and lands in the immediate vicinity. (d) Previous Permit number (if applicable) ...... Yes No (e) Is the purpose of the works to enable water to be taken from the water course? (i) If yes, is it proposed to take water for . Domestic purposes . Stock grazing . Irrigation areas larger that 0.5 hectares. Please indicate area and likely crops to be grown. Type Hectares ...... Other. Give details ...... (ii) If no, describe the purpose...... Note: A Permit to Construct or Alter Works does not guarantee the right to extract water for other than basic stock and domestic purposes. A Licence to Take or Use Surface Water may be necessary, particularly where larger volumes are involved. Preparing national regulations for water resources management 391 NOTE: ADVERTISING OF APPLICATION The Controller of Water Resources may give notice of this application to those likely to be affected by its approval. Signing of this application approves the advertising by the Controller of this application in one edition of a newspaper circulating generally in the locality of the proposed works. Applicant's Signature...... Date: ...... To: The Controller of Water Resources (address) * delete as necessary FORM 7 Regulation 6(2) NORTHERN TERRITORY OF AUSTRALIA Water Regulations NOTICE OF APPLICATION Pursuant to section 41 of the Water Act I, ...... (the Controller) hereby give notice of an application for a Permit under section 41 of the Water Act to construct/alter the following works ...... (description of works) on land situate at ...... (description of land) Any enquiries concerning this application should be directed to(name of person). Any objection to the issue of a Permit authorising the proposed works must be forwarded in writing to reach me at (address), within 30 days of the date hereof. Dated: Controller of Water Resources ______392 Preparing national regulations for water resources management FORM 8 Regulation 6(4) NORTHERN TERRITORY OF AUSTRALIA Water Regulations PERMIT TO CONSTRUCT OR ALTER WORKS Pursuant to section 41 of the Water Act Permit No...... Subject to full compliance with the terms and conditions set out below, permission is granted to ...... of ...... to undertake the following work ...... on the ...... (name the watercourse) located at Lot ...... Section No...... Hundred of ...... Portion No...... Township ...... Lease No./name ...... Such work must be completed within 12 months of the date from this Permit. Terms and Conditions 1. Strict compliance with any ongoing maintenance or operational requirements set out in Condition No. 5 hereunder will be required both during and after completion of construction or alteration of the works. 2. The location of the works constructed or altered in pursuance of this Permit shall be in accordance with the plan provided with this Permit. 3. Where the works constructed/altered in pursuance of this Permit shall be capable of retaining diverting or conserving water, the permittee shall not take or divert any water except in accordance with the Water Act. 4. The permittee shall not alter any works constructed in pursuance of this Permit except in accordance with the terms of a further Permit. 5. The following specific conditions will apply - Controller of Water Resources Date ______Note: Every application for a reissue of a Permit shall be made not later than one calendar month prior to the date of expiry of this Permit. Preparing national regulations for water resources management 393 XI - CANADA - BRITISH COLUMBIA - Dam Safety Regulation, 2000 Schedule 1 (sections 2 (1) (d) and 3 (2)) Downstream Consequence Classification Guide Economic and Environmental and Rating Loss of Life Social Loss Cultural Losses VERY Large potential for Very high economic Loss or significant HIGH multiple loss of life losses affecting deterioration of involving residents and infrastructure, public nationally or working, travelling and commercial provincially important and/or recreating facilities in and beyond fisheries habitat public. Development inundation area. (including water within inundation area Typically includes quality), wildlife (the area that could be destruction of or habitat, rare and/or flooded if the dam extensive damage to endangered species, fails) typically includes large residential areas, unique landscapes or communities, concentrated sites of cultural extensive commercial commercial land uses, significance. and work areas, main highways, railways, Feasibility and/or highways, railways, power lines, pipelines practicality of and locations of and other utilities. restoration and/or concentrated Estimated direct and compensation is low. recreational activity. indirect (interruption of Estimated fatalities service) costs could could exceed 100. exceed $100 million. HIGH Some potential for Substantial economic Loss or significant multiple loss of life losses affecting deterioration of involving residents, infrastructure, public nationally or and working, travelling and commercial provincially important and/or recreating facilities in and beyond fisheries habitat public. Development inundation area. (including water within inundation area Typically includes quality), wildlife typically includes destruction of or habitat, rare and/or highways and extensive damage to endangered species, railways, commercial concentrated unique landscapes or and work areas, commercial land uses, sites of cultural locations of highways, railways, significance. concentrated power lines, pipelines Feasibility and recreational activity and other utilities. practicality of and scattered Scattered residences restoration and/or residences. Estimated may be destroyed or compensation is high. fatalities less than 100. severely damaged. Estimated direct and indirect (interruption of service) costs could exceed $1 million. 394 Preparing national regulations for water resources management LOW Low potential for Low economic losses Loss or significant multiple loss of life. to limited infrastructure, deterioration of Inundation area is public and commercial regionally important typically undeveloped activities. Estimated fisheries habitat except for minor direct and indirect (including water roads, temporarily (interruption of service) quality), wildlife inhabited or non- costs could exceed habitat, rare and residential farms and $100 000. endangered species, rural activities. There unique landscapes or must be a reliable sites of cultural element of natural significance. warning if larger Feasibility and development exists. practicality of restoration and/or compensation is high. Includes situations where recovery would occur with time without restoration. VERY Minimal potential for Minimal economic No significant loss or LOW any loss of life. The losses typically limited deterioration of inundation area is to owner's property not fisheries habitat, typically undeveloped. to exceed $100 000. wildlife habitat, rare or Virtually no potential endangered species, exists for future unique landscapes or development of other sites of cultural land uses within the significance. foreseeable future. Schedule 2 (sections 5 (a) and 7 (1)) Minimum Inspection Frequency and Dam Safety Review Requirements Item Very High High Low Very Low Consequence Consequence Consequence Consequence Site WEEKLY WEEKLY MONTHLY QUARTERLY Surveillance (a) Formal SEMI- SEMI- ANNUALLY ANNUALLY Inspection (b) ANNUALLY ANNUALLY or ANNUALLY Instrumentation AS PER AS PER OMS * AS PER OMS N/A OMS* MANUAL * MANUAL MANUAL Preparing national regulations for water resources management 395 Test Operation ANNUALLY ANNUALLY ANNUALLY ANNUALLY of Outlet Facilities, Spillway Gates and other Mechanical Components Emergency UPDATE UPDATE UPDATE N/A Preparedness COMMUNI- COMMUNI- COMMUNI- Plan CATIONS CATIONS CATIONS DIRECTORY DIRECTORY DIRECTORY SEMI- SEMI- ANNUALLY ANNUALLY ANNUALLY Operation, REVIEW REVIEW REVIEW REVIEW Maintenance & EVERY EVERY EVERY EVERY Surveillance 7 - 10 10 YEARS 10 YEARS 10 YEARS Plan YEARS Dam Safety EVERY 7-10 EVERY (d) (d) Review (c) YEARS (d) 10 YEARS (d) *OOperation, Maintenance, and Surveillance Manual. (a) Site surveillance may consist of visual inspections and/or monitoring of automated data acquisition systems. Reduced frequencies of visual inspections may be determined by seasonal conditions. (b) Formal Inspections are intended as more thorough inspections performed by the appropriate representative of the owner responsible for safety surveillance. (c) A Dam Safety Review involves collection of all available dam records, field inspections, detailed investigations and possibly laboratory testing. It then proceeds with a check of structural stability and operational safety of the dam, beginning with a reappraisal of basic features and assumptions. The level of detail required in a Dam Safety Review should be commensurate with the importance and complexity of the dam, as well as the consequences of failure. (d) Dam owners must conduct an annual review of conditions downstream of their dam and notify a dam safety officer if the downstream consequence classification level increases. The downstream consequence classification guide is shown in Schedule 1. APPENDIX V Forms under Chapter V IRRIGATION WATER DEVELOPMENT 2. GOVERNMENT-FUNDED IRRIGATION WATER DEVELOPMENT 2.1 Occupation of Irrigated Land VI - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 Licence No...... National Irrigation Scheme LICENCE TO OCCUPY HOLDING ...... son of ...... of the ...... District of the ...... Province, is hereby authorized to occupy holding No...... of the ...... National Irrigation Scheme for the period from the ...... day of ...... 19.. to the ...... day of ...... 19.., and from year to year thereafter unless sooner terminated in accordance with the provisions of the above regulations and to keep thereon not more than the following number of stock: ...... bovines, ...... goats, ...... sheep, ...... mules, ...... donkeys, ...... (other stock), subject to the conditions prescribed by the above Regulations. Dated this ...... day of ...... 19...... Manager In accordance with regulation 6 of the above Regulations, I have caused the Regulations to be read and explained to the above-named licensee in the ...... language, which he understands. Manager APPENDIX VI Forms under Chapter VI DRAINAGE OF LANDS 2. LAND DRAINAGE III - UNITED KINGDOM - The Drainage Rates (Forms) Regulations, 1993 Form 2 (Form of demand for payment of a drainage rate) ...... Internal Drainage Board Number or name of sub-district ...... Land Drainage Act 1991 To ...... Address ...... The above mentioned Internal Drainage Board have made a drainage rate at the amount in the pound shown below in respect of the year ending on the ...... 19 …… Payment of the [rate] [ ...... instalment] [and of the arrears (if any) of former rates] shown below is now due from you. Board’s Situation of agricultural land Annual value Rate in Amount Assessment and/or agricultural buildings determined by the ƕ of rates ƕ Number or (if other than specified in the Board ƕ No. in rate address above) and book description p Arrears/balance brought ƕ forward from previous year TOTAL ƕ The amount due should be paid ...... (Note (ii)) Cheques, money orders and postal orders should be made payable to the ...... Internal Drainage Board and crossed. They should not be made payable to any individual officer. By order of the Board ...... Clerk or other authorised officer NOTES (i) For use only if a differential rating order is in force; otherwise omit. (ii) Insert instructions as to place, time and method of payment. 400 Preparing national regulations for water resources management 3. DRAINAGE AND RECLAMATION OF SWAMPS AND MARSHLANDS II - KENYA - Water (General) Rules Form W.A.B. 25 Application for a Permit to Construct a Dam or Dams on Watercourse having no Normal Flow TO THE CHAIRMAN OF THE WATER APPORTIONMENT BOARD 1. Full name of applicant(s) (in block letters) ...... 2. Residence ...... Postal address ...... 3. (a) Land Reference No.(s) and district of ...... applicant's holding(s) (b) Land Reference No. of farm on which dam ...... is to be constructed 4. (a) Name of watercourse ...... (b) Is the watercourse situated in or does it abut upon or enter into a reserved area? ...... 5. (a) Estimated discharge of flood water ...... cusecs. (b) How many months in the year is the river dry? ...... months. 6.Particulars of dam: (a) Nature of stream bed at site, e.g. "soil", "rock", "sand", etc...... (b) Nature of walls of river channel at site, e.g. "soil", "rock", etc...... (c) Will dam be founded on sound rock? ("Yes" or "No") ...... (d) Will dam be founded on any material which may be eroded by any underflow? ...... (e) Description of dam, such as earth with core wall (stating kind), concrete, masonry, etc...... Preparing national regulations for water resources management 401 (f) Fill in dimensions in space opposite (f) ft .in. Length of dam …. …. Thickness at crest …. …. Thickness at base …. …. Greatest height of dam…. …. (g) Estimated area of reservoir at spillway level (g)...... acres. (h) Will the submerged area at high flood level be wholly within applicant's holding(s)? ...... If not, state Land Reference Nos. and names of owners of the land affected ...... (i)Are both banks of the watercourse at the proposed site of the dam on applicant's holding(s)? ...... If not, state Land Reference Nos. and names of owners of land affected ...... (j)Will any other works, including weirs, already constructed, be affected by the head and/or tail; water levels of the proposed works? ...... If so, give full details of the works affected ...... (k)The following information is required if the dam exceeds 50 acre-feet in capacity or 15 feet in height. Catchment Area: (i) Area of surface catchment ...... acres. (ii) Maximum length of catchment ...... miles or yards. (iii) Average breadth of catchment ...... miles or yards. (Supply sketch of shape of catchment, with dimensions, on separate sheet) (iv) Ruling slope of catchment ...... (In degrees or expressed as one foot in ...... feet) (v) Nature of ground in catchment (e.g. rocky, stony soil, clay soil, etc.) ...... If soil, state whether this is deep or shallow ...... (vi)Vegetation in catchment (e.g. forest, scrub, pasture, crops or fallow) ...... 402 Preparing national regulations for water resources management 7. Disposal of Excess Water Past dam: state if excess water is to be disposed of by means of: (a) The dam acting as a weir (a) ...... (b) By-pass(es) or waste weir(s) on one or both (b) ...... flanks (c) State width and depth of by-pass(es) below (c) ...... width. crest level of dam ...... depth. (d) If by-pass(es) or waste weir is to be (d) ...... constructed, state nature of material in which the waste weir channel will be excavated (e) Gradient of waste weir channel (e) ...... 8. State the estimated period of construction of ...... the works 9. The General Map No...... and the following Plan Nos...... which have been prepared in accordance with the Water Act and the Rules thereunder, and which are sent herewith, are hereby declared to be part of this application. 10. I attach hereto verification of the names of the registered owners of the land mentioned in paragraphs 3 and 6 above. 11. I agree to supply any further information which may be required by the Water Apportionment Board. 12. I enclose herewith ...... for Shillings ...... cents ...... to cover the prescribed fees for the permit applied for. ...... Date...... Signature of Applicant or duly Authorized Agent Preparing national regulations for water resources management 403 IV - UGANDA - The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 FIRST SCHEDULE (To be completed in Triplicate) (Regulation 12 & 23) FORM A REPUBLIC OF UGANDA ______ THE NATIONAL ENVIRONMENT STATUTE 1995, Statute No. 4 of 1995 The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 APPLICATION FOR A PERMIT TO CARRY OUT A REGULATED ACTIVITY IN A WETLAND, RIVERBANK AND LAKE SHORE I hereby apply for a permit to carry out the activity in a wetland/riverbank/lakeshore of which particulars are given below. Name and address of applicant: ...... (District/county/sub-county, village where necessary mention more than one) ...... Type of activity to be carried out ...... Estimated period for which the activity will take ...... Proposed hectarage/area on which the above activity is to be carried out ...... Executive Summary of environmental impact statement (please attach where necessary) ...... (Attach a map and detailed information showing area directly or indirectly affected by proposed activity.) Any other information ...... 404 Preparing national regulations for water resources management Comments of the LC 1 Secretary for Production and Environment Protection ...... Approval/disapproval of District Environment Committee ...... Signature of the Applicant ...... Full names ...... Designation/Title ...... ______ FOR OFFICIAL USE ONLY Application received by ...... Date: ...... Fee paid: ...... Shs 20,000/= (in words) ...... Seal and Signature of the Executive Director National Environment Management Authority (To be completed triplicate) FORM B REPUBLIC OF UGANDA ______Fee paid: shs 50,000/= (Regulation 12 & 23) THE NATIONAL ENVIRONMENT STATUTE 1995, Statute No. 4 of 1995 The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 PERMIT TO CARRY OUT A REGULATED ACTIVITY IN A WETLAND/RIVERBANK/LAKE SHORE Permit No: ...... Name: ...... Address: ...... Preparing national regulations for water resources management 405 You are hereby granted/denied a permit to carry out the activity(s) in a wetland/river bank/ lakeshore of ...... Location of the wetland/river bank/lake shore: ...... (District, county, sub-county, village where necessary mention more than one) This permit is granted valid from ...... 20 ...... to ...... 20 ...... The Permit is subject to the following conditions ...... (Please attach on separate sheet where necessary) Date: ...... Seal and Signature of the Executive Director National Environment Management Authority. APPENDIX VII Schedules under Chapter VII CHARGING FOR WATER 2. RATES OF WATER CHARGES I - MALAWI - Water Regulations, 1969 Second Schedule ... RENTS: (1) Grant of Water Right - up to 20,000 gallons per day £ 200 per annum (2) Grant of Water Right - over 20,000 gallons and not exceeding 1/4 million gallons per day £1000 per annum (3) Grant of Water Right - over ¼ million gallons per day £2000 per annum APPENDIX VIII LIST OF LEGISLATIVE TEXTS (listed in alphabetical order by country, and in chronological order) AUSTRALIA NEW SOUTH WALES Clean Waters Regulations, 1972 (in New South Wales Government Gazette No.117 of 3 November 1972, p.4348) NORTHERN TERRITORY Water Regulations, 1999 QUEENSLAND Clean Waters Regulations, 1973 (in Queensland Government Gazette No.31 of 24 February 1973, p.759) Water Resources (Rates and Charges) Regulation, 1992 SOUTH AUSTRALIA Control of Waters Regulations, 1971 (in South Australian Government Gazette No.27 of 17 June 1971, p.3019) Water Resources Regulations (No.166 of 1997, in South Australian Government Gazette of 26 June 1997, p. 3221) VICTORIA Water (Application Fees) Regulations (S.R. No. 11 of 1991) Water (Permanent Transfer of Water Rights) Regulations (S.R. No.132 of 2001) WESTERN AUSTRALIA Health Act (Sewerage, Drainage and Underground Water Supply) Regulations, 1959 (in Government Gazette of Western Australia No.11 of 2 February 1965, p.409) Rights in Water and Irrigation (Construction and Alteration of Wells) Regulations, 1963 (in Government Gazette of Western Australia No.35 of 15 May 1963, p.1297) [Australian legislation is available on line at http://www.austlii.edu.au] 410 Preparing national regulations for water resources management CANADA Dominion Water Power Regulations, 2001 ALBERTA Water (Ministerial) Regulation No.205/1998) (Consolidated up to 311/2002) Irrigation Districts Act, 2000 (Chapter I-11) Drainage Districts Regulations, No.5/2001 BRITISH COLUMBIA Regulation and Tariff of Fees, Rentals, and Charges under the Water Act, made by Order in Council No.2771, approved 5 December 1960 (and amended by Orders in Council No.277/62 and 2649/63 Dam Safety Regulation, Reg. 44/2000 Sensitive Streams Designation and Licensing Regulation, Reg. 89/2000 (implementing Fish Protection Act and Water Act) NEW BRUNSWICK Water Well Regulation No.90/79 (1990) under the Clean Water Act (O.C. 90-531) Watercourse Alteration Regulation No. 90/80 (1990) under the Clean Water Act (O.C. 90-532) SASKATCHEWAN The Water Regulations, 2002 - Chapter E-10.21 Reg. 1 (effective December 5, 2002). [Canadian legislation is available on line at http://www.canlii.org] CAYMAN ISLANDS Water Authority Regulations, 1985 (in Supplement No.1 published with Extraordinary Gazette of 11 March 1985) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] ETHIOPIA A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994 [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] Preparing national regulations for water resources management 411 INDIA The Water (Prevention and Control of Pollution) Rules, 1975 (2000) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] IRELAND Local Government (Water Pollution) Regulations, S.I. No.108 of 1978 [Irish legislation is available on line at http://www.ucc.ie/law/irlii.] ISRAEL Water Regulations (Prevention of Water Pollution) (Spraying Near Water Sources), 1991 (unofficial translation) JAMAICA Water resources regulations, 1995 (Fourth Schedule of the Water Resources Act, 1995) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] KENYA Water (General) Rules (in The Laws of Kenya, CAP 372 [1964 revision]) Irrigation (National Irrigation Schemes) Regulations, 1977 (in Kenya Gazette No.13 of 25 March 1977, Supplement No.15, p.95) The Water Act, No.8 of 2002 [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] LESOTHO Water Resources Regulations, L.N. No.22 of 1980 (in Supplement No.2 to Gazette No.31 of 5 September 1980, p.261) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] 412 Preparing national regulations for water resources management MALAWI Water Regulations, G.N. No.230 of1969 (in Malawi Government Gazette No.52 of 31 October 1969, Supplement (No.46A) p.425) Water Resources (Water Pollution Control) Regulations, G.N. No.31 of 1978 (in Malawi Government Gazette No.18 of 17 March 1978, Supplement (No.11A) p.89) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] MALAYSIA Environmental Quality (Sewage and Industrial Effluents) Regulations 1979 (in His Majesty’s Government Gazette No.3 of 1 February 1979 p.56) NEPAL Irrigation Regulation, No.2045 of 1989 (unofficial translation) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] NEW ZEALAND Waters Pollution Regulations, No.30 of 1963 NIGERIA The National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations, S.I. No.8 of 1991 (in Supplement to Official Gazette Extraordinary, 20 August 1991, Vol. 78, No.42, Part B, p.B-15). OMAN Ministerial Decision No.2/90, Regulations for the Registration of Existing Wells and New Well Permits (Issued on: 4 Ramadan 1410 (31 March 1990) by the Minister of Water resources) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] Preparing national regulations for water resources management 413 PAKISTAN The Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 1999 Farmers Organizations - Conduct of Business Regulations, 1999 (Punjab) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] PHILIPPINES Implementing Rules and Regulations made under the Water Code (11 June 1979) [separate publication] [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] SAINT LUCIA Public Health (Water Quality Control) Regulations, S.I. No.14 of 1978 [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] SAUDI ARABIA Executive Order No.14-62 of 1/7/1409 H. (7 february 1989): By-laws of the Water Resources Preservation Regulations (issued By Royal Decree No. M/34 dated 24.8.1400 A.H.) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] SOUTH AFRICA National Water Act, 1998 Regulations on Registration of Water Use, 1999 Regulations on Use of Water for Mining and Related Activities aimed at the Protection of Water Resources, 1999 [an electronic version of both the act and its regulations is available on line at http://www.acts.co.za/ntl_water] 414 Preparing national regulations for water resources management TANZANIA Water Utilization (General) Regulations, 1975 (in Supplement No.49 to the Gazzette of the United Republic of Tanzania No.43, Vol. LVI, of 17 October 1975, p.639) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] UGANDA Water Resources Regulations, S.I. No. 33 of 1998 The Water (Waste Discharge) Regulations, S.I. No. 32 of 1998 The National Environment (Wetlands, River Banks And Lake Shores Management) Regulations, S.I. No.3 of 2000 [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.] UNITED KINGDOM Water Resources (Licences) Regulations, S.I. No.534 of 1965 Water Resources (Miscellaneous Provisions) Regulations, S.I. No.1092 of 1965 Water Resources (Succession to Licences) Regulations, S.I. No.976 of 1969 Drainage (Northern Ireland) Order, No.69 of 1973 Drainage Charges Regulations, S.I. No.214 of 1990 Water Resources Act , 1991 (Chapter 57) Land Drainage Act, 1991 (Chapter 59) The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations, S.I. No.324 of 1991 The Environmental Protection (Prescribed Processes and Substances) Regulations, S.I. No.472 of 1991 The Drainage Rates (Forms) Regulations, S.I. No.223 of 1993 The Surface Waters (River Ecosystem) (Classification) Regulations, S.I. No.1057 of 1994 Preparing national regulations for water resources management 415 Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations, S.I. No.888 of 1996 (as amended by Nitrate Vulnerable Zones (Additional Designations) (England) (No. 2) Regulations, S.I. No. 2614 of 2002) Surface Waters (Dangerous Substances) (Classification) Regulations (Northern Ireland), S.R. No. 397 of 1998 The Groundwater Regulations, S.I. 2746 of 1998 The Groundwater Regulations (Northern Ireland), S.R. No. 401 of 1998 The Anti-Pollution Works Regulations (England and Wales), S.I. 1006 of 1999 The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations, S.I. No. 164 of 2003 [The UK legislation issued during the last decade is available on line at http://www.hmso.gov.uk/legislation/about_legislation.htm] UNITED STATES OF AMERICA Code of Federal Regulations - Title 40, Protection of Environment - Chapter I - Subchapter D - Water Programs (Parts 100--149) [electronic version available on US Environmental Protection Agency at http://www.epa.gov/epahome/cfr40.htm.] VIET NAM Decree No.68/1998/ND-CP of September 3, 1998 Detailing the Implementation of the Ordinance on Natural Resource Tax (Amended) (in Official Gazette No.31, 10-11-1998) Decree No.179/1999/ND-CP of December 30, 1999 Stipulating the Implementation of the Law on Water Resources (in Official Gazette No.7, 22-2-2000) Order No. 09/L-Ctn of September 7, 2000 on the Promulgation of Ordinances, promulgating the Ordinance on Dykes (No. 6/2000/PL- UBTVQHIO of August 24, 2000) [Available on Faolex, FAO legal database, at http://faolex.fao.org/faolex.]