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33rdrd Draft Water Draft Water Resources Resources

Management Bill 2006Management Bill 2006

WRAP TEAM

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National Water Policy 1994National Water Policy 1994

includes the following strategies:

•Recognizing the important role of the Water Sector in the overall socio-economic development of the country;

•Recognizing water as an economic good;

•Promoting Water Resources development through an Integrated approach;

•Defining clear institutional responsibilities for all stakeholders;

•Promoting a state of disaster preparedness to mitigate the impacts of extreme occurrences of water;

•Redefining the role of Government in the context of the reforms;

•Identifying weaknesses of the Water Act and revising the Act.

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Water Act, Water Act, Cap. 198 Laws of ZambiaCap. 198 Laws of Zambia

• Passed by Legislative Council of Northern Rhodesia in 1948 as the Water Ordinance, came into force in 1949.

• After independence, the Water Ordinance was revised and transformed into an Act of Parliament, the Water Act.

• The Water Act has been amended 10 times, the last being Act. No. 13 of 1994, increasing the penalties under the Act.

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The Water Act does not provide for:

• Clear water resources management principles;

• Equitable and reasonable principles for water allocation;

• Management of international waters;

• Groundwater management, development and utilisation;

• Involvement of stakeholders at the lowest appropriate level in the decision making process;

• Harmonization in the management of the water resource at institutional level.

Why do we need a new Water Why do we need a new Water Act?Act?

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Development of a new WRM Act for Development of a new WRM Act for Zambia: the ProcessZambia: the Process

1. Analysis of problems with stakeholders 2. Identify and develop strategies3. Analysis of existing legislation4. Develop proposal for a new institutional

framework through stakeholders consultations

5. List of minimum requirements for new act6. Draft WRM Bill7. Stakeholders consultations on successive

drafts Bill (presently: 3rd draft WRM Bill)

Stakeholders driven process!!

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PART IPART I

• Short title Short title and commencementand commencement ;;• Interpretation; Interpretation; • Vesting water in the President; Vesting water in the President; • No private ownership of waterNo private ownership of water• Use and allocation of waterUse and allocation of water

• Principles of Water Resources Management.Principles of Water Resources Management.

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Principles of Water Resources Principles of Water Resources ManagementManagement

• Water resources should be managed in an integrated manner;

• Water is a basic human need;

• There should be equitable access to water;

• Water has an economic and social value and this should be reflected in its use;

• There should be no ownership of water and no authorisation should be in perpetuity;

• There should be equity between both gender in accessing water resources and, in particular, women should be empowered and fully participate in issues and decisions relating to sustainable development of water resources and, specifically, in the use of water;

• The basic management unit should be the catchment in recognition of the unity of the hydrological cycle;

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Part II-THE WATER RESOURCES MANAGEMENT AUTHORITYPart II-THE WATER RESOURCES MANAGEMENT AUTHORITY

• Establishes the Water Resources Management Authority;

• Functions and powers of the Authority;

• Relations with appropriate and conservancy authorities.

Part III – CATCHMENT COUNCIL, SUB-CATCHMENT COUNCILS Part III – CATCHMENT COUNCIL, SUB-CATCHMENT COUNCILS AND WATER USERS ASSOCIATIONSAND WATER USERS ASSOCIATIONS

• Establishes Catchment & Sub-Catchment Councils, and establishment & recognition of Water Users Associations;

• Functions of the Catchment, Sub-Catchment Councils and Water User Associations.

PARTS II & III – INSTITUTIONAL PARTS II & III – INSTITUTIONAL FRAMEWORKFRAMEWORK

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New New Institutional Institutional

Framework for Framework for WRMWRM

WRM AUTHORITY Board

CATCHMENT AUTHORITIESCATCHMENT

AUTHORITIESCATCHMENT AUTHORITIESCATCHMENT CO

UNCILS

WATER USERS COMMITTEESWATER USERS

COMMITTEESWATER USERS ASSOCIATIONS

MINISTERMINISTER

CATCHMENT AUTHORITIESCATCHMENT

AUTHORITIESCATCHMENT AUTHORITIESSUB-CATCHMENT CO

UNCILS

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This Part deals with the general functions of the Minister:

• Policy formulation;

• Legislative developments;

• Management of International Waters.

This Part also includes other issues related to planning and development of water resources, such as:

• Development of a National Water Resources Strategy;

• Development of Catchment Management Plans;

• Establishment of a national monitoring and information system;

• Delegation of functions of the Authority to appropriate, conservancy or local authorities.

PART IV - WATER RESOURCES PART IV - WATER RESOURCES PLANNINGPLANNING

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PART V - WATER QUANTITY & PART V - WATER QUANTITY & QUALITY MANAGEMENTQUALITY MANAGEMENT

The Part deals with:

•Reserve and Resource Quality Objectives;

• Water conservation and management practices;

• Consistency of water resources management with environmental and national heritage protection;

• Permission to abstract water to dilute effluent;

•Setting of ambient standards, resource quality monitoring and pollution control;

•Steps to control or prevent water pollution.

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A water shortage area is declared for a specific period by the Minister on recommendation of the Authority. In these areas, the Authority has the power to:

• Review water permits;

• Regulate groundwater development activities;

• Regulate the volume and rate of abstraction.

Compensation is only paid in case municipal purposes affect any other use.

PART VI - WATER SHORTAGE PART VI - WATER SHORTAGE AREASAREAS

Priorities of use in water shortage areas are set as:

1. Domestic;

2. Environmental;

3. Municipal;

4. Agricultural.

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Congo Basin

Tanzania, Burundi, Rwanda, Central Africa Republic, Cameroon, Congo Brazzaville, Angola, and Democratic Republic of Congo.

Zambezi Basin

Angola, Namibia, Botswana, Zimbabwe, Tanzania, Malawi, and Mozambique.

Zambezi Basin

CONGO AND ZAMBEZI CONGO AND ZAMBEZI INTERNATIONAL BASINS INTERNATIONAL BASINS

Congo

Zambezi

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The Part ensures that:

• Any agreement entered into operationalises the principle of equitable and reasonable utilisation of shared water resources;

• Basic principles and rules of international law, as reflected in the SADC Revised Protocol on Shared Watercourses, and other relevant treaties, conventions and agreements are upheld;

(ZRA inconsistent with the SADC Revised Protocol, therefore should be reviewed)

PART VII - MANAGEMENT OF PART VII - MANAGEMENT OF SHARED WATERCOURSES & SHARED WATERCOURSES &

WATER RESOURCESWATER RESOURCES

This Part deals with Government’s obligation to the protect territorial sovereignty over Zambia’s water resources.

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PART VIII - WATER USEPART VIII - WATER USE

This Part deals with:

• Water use for all purposes such as Domestic, Agricultural, Municipal, Hydro-electric and Mining;

•The process of allocation and prioritisation of water use, which begins at sub-catchment level through an allocation plan submitted to the CC and thereafter to the Board;

•Safeguard of domestic use of water in customary areas;

•Issuing of regulations for the use of water.

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This Part deals with applications and grant of permits and the single licence system.

A permit is not required for the use of surface water or groundwater for domestic purposes.

It deals with:

• Activities where permits are required and activities where no permits are required;

• Process of application for a permit & consideration of applications for permits;

• Grant of temporary permits;

• Permits to run with land or undertaking;

• Variation and cancellation of permits;

• Registration of permits.

PART IX - PERMITS FOR WATER PART IX - PERMITS FOR WATER USEUSE

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A permit for any use of water except hydroelectric power generation shall be valid for a renewable period not exceeding 25 years.

Permits for hydroelectric power generation shall be valid for a period not exceeding 30 years.

If, for a continuous period of two years the holder of a permit:

• Fails to make use of the permit, the Director General may cancel it

•Makes partial use of the permit, the Director General may reduce the quantity of water allocated

A permit shall be renewed renewed for a similar period as long as the applicant has not breached the conditions of the permit and the hydrological conditions have not substantially changed.

PART IX - PERMITS FOR WATER PART IX - PERMITS FOR WATER USEUSE

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This Part deals with licensing of constructors & drillers:

• Procedures for application, grant, modification of licence

• Only Approved Engineers will carry out functions relating to the construction, design, installation, operation or maintenance of any water works

• The Authority will establish and maintain a Register of all constructors and drillers

PART X - LICENSING OF PART X - LICENSING OF CONSTRUCTORS & DRILLERSCONSTRUCTORS & DRILLERS

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This Part deals with:

• Protection of groundwater and the measures the Authority shall take in order ensure it;

• The requirement to notify the Authority before drilling a borehole;

• Permission to drill and access for inspection;

• Defective borehole;

• Information on groundwater and confidentiality;

• Registration of boreholes;

PART XI – GROUNDWATER PART XI – GROUNDWATER AND BOREHOLESAND BOREHOLES

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This Part:

• Empowers Government and the community to construct Government Schemes and Community Projects, for the beneficial use of water. (These schemes and projects take precedence over all other projects for the use of water).

• Requires the registration of existing water works;

• Defines: “Dams with Safety Risks”;

“Large Dams”; and

“Small Dams”

• Specifies (for small and large dams):

– Procedures at commencement of works and supervision

– Duty of owners

– Reporting requirements

• Describes special requirements (maintenance, inspections, etc.) for large dams and for dams with safety risk;

• Liability of dam owner in case of dam failure.

PART XII – WATER WORKSPART XII – WATER WORKS

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This Part deals with easements, which are a right of access to another person’s land to use water

Types of Easement are:• Right of storage• Right of passage• Right of abutment

PART XIII - EASEMENTSPART XIII - EASEMENTS

A right of easement is not a proprietary interest in land

• An easement may be claimed by any person holding a permit • A procedure for claiming an easement is spelt out

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This Part deals with:

• Management of water related emergency situations;

• Early warning systems;

• Measures during drought, floods and emergency arising from water works such as dams;

• Emergency due to spillage of harmful and toxic substances

• Declaration of national disasters declared by the President due to droughts, floods and spillage of harmful or toxic substances;

• The Authority will act in collaboration with appropriate authorities and Ministries. Linkages with local councils & Disaster Management and Mitigation Unit.

PART XIV - EMERGENCY PART XIV - EMERGENCY SITUATIONSSITUATIONS

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This Part provides for:

• The establishment of a pricing policypricing policy;

• Water use charges and fees;Water use charges and fees;

• The recoveryrecovery of water use charges and fees and the retention thereof.

PART XVPART XVWATER USE CHARGES, FEES WATER USE CHARGES, FEES AND WATER DEVELOPMENT AND WATER DEVELOPMENT

TRUST FUNDTRUST FUND

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Part XV provides for:

• The establishment of a Water Development TrustWater Development Trust;

• The Fund to be used for conservation and management of water resources and development projects benefiting the community with a strong pro-poor focus;

• The Fund to be autonomous and independently managed under a Trust Deed;

• Moneys of the Fund to come from donations, grants and Parliament;

• The Trustees of the Fund to submit a report to the Minister annually on its activities.

WATER DEVELOPMENT WATER DEVELOPMENT TRUST FUNDTRUST FUND

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The Trustees of the Fund will be representatives of:

(1) the Institute of Chartered Accountants;

(2) the Lusaka Stock Exchange;

(3) any national institution dealing with investments;

(4)  the Law Association of Zambia; and

(5, 6, 7)  the Ministries responsible for water development, tourism and finance.

WATER DEVELOPMENT WATER DEVELOPMENT TRUST FUNDTRUST FUND

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This Part deals with:

• Appeals and dispute resolution;

• Power of entry for enforcement and monitoring;

• Offences, penalties and prosecutions;

• Protection of ministers and others from liability;

• Offences by corporation;

• Fines in lieu of prosecution and Recovery by Distress;

• Public consultation;

• Regulations; and

• Repeal, Savings and Transitional Provisions.

PART XVI – ENFORCEMNET PART XVI – ENFORCEMNET AND GENERAL PROVISIONSAND GENERAL PROVISIONS

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Schedule ISchedule I

• PART I: deals with Administration of the Authority i.e. seal of Authority, tenure of office and vacancy, proceedings of Board, allowances for members, disclosure of interest;

• PART II: deals with the Financial Provisions i.e funds of the Authority, financial year, accounts & Annual Report

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Deals with

• Dissolution of Water Board;

• Vesting of assets of Water Board;

• Registration of property to be transferred to Government;

• Legal proceedings;

• Terms of service of employees of Water Board;

• Existing Rights under order of Water Board;

• Existing works

Schedule IISchedule II

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• PART I: Deals with Treaties, Conventions and Agreements

• PART II: Existing Regional Institutions

Schedule IIISchedule III

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Way ForwardWay Forward

The Road Map:

•MOJ Internal Legislative Committee

•Cabinet Legislative Committee

•National Assembly

MARCH 2007-ENACTMENT (?)

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Thank youThank you