WATER RESOURCES MANAGEMENT ACT: INDEX TO SUBSIDIARY LEGISLATION
Water Rights (Procedure on Application) Rules
Water Rights (Registration) Regulations
Water Board (Works) Regulations
Water Board (Water Measurement) Regulations
Water (Protection of Public Stream and Source of Water Supply) Regulations
Water Resources Management (Charges and Fees) Regulations
Water Resources Management (Licensing of Drillers and Constructors) Regulations
Water Resources Management (Groundwater and Boreholes) Regulations
WATER RIGHTS (PROCEDURE ON APPLICATION) RULES
[Section 23(6)]
Arrangement of Rules
Rule
1. Title
2. Forms of application
3. Particulars to be clearly set out
4. Time for submission of application
5. Engineer's report
6. Offence
GN 255 of 1950,
GN 340 of 1950,
GN 215 of 1956.
[Rules by the Minister]
These Rules may be cited as the Water Rights (Procedure on Application) Rules.
Every application for the use of public water shall be submitted in duplicate in Form 1 or 2 in the Schedule. Form 1 shall be used if the application is for primary or secondary use and Form 2 if for tertiary use.
3. Particulars to be clearly set out
On receipt of an application, the secretary shall satisfy himself that the particulars required are set out with sufficient clarity and may return the application for amplification or amendment in this respect.
4. Time for submission of application
Any person desiring to have an application considered shall submit such application on or before the closing date specified in the notice.
Every application for the use of public water shall be investigated by an engineer, appointed by the Water Officer. Such engineer shall submit his report to the Water Officer for transmission to the Water Board in Form 3 in the Schedule.
Any person who makes in any application for the use of public water a statement which is false in a material particular shall be guilty of an offence.
PRESCRIBED FORMS
FORM 1
[Rule 2]
APPLICATION FOR THE PRIMARY OR SECONDARY USE OF PUBLIC WATER
(Domestic, Watering of Stock, Irrigation of Land or Fish Farming)
For Official use only
THE SECRETARY,
THE WATER BOARD,
P.O. Box 575,
LUSAKA.
No . ............................................................
Date received ...........................................
Zone ........................................................
In accordance with the Water Act, I hereby apply for the use of public water and supply the following particulars:
1. Full name of Applicant ...................................................(BLOCK CAPITALS)
2. Postal address ...............................................................................................
Tel. No. ................................................................................................................
3. Description and number (if any) of property concerned .................................
4. State whether property is held on leasehold, freehold or other title ................
Do you hold the deeds; if not, who does? ..........
5. Has property been surveyed? .......................
6. Acreage of property .......... acres
7. Water required from. ......... River, which is a tributary of ...... River
8. Amount of water applied for ...... litres per day
9. Purposes for which the water is required:
Domestic .......... Stock ............ Irrigation .......................... Fish Farming ..................................
10. Crops to be grown under irrigation:
................................................ acres
................................................ acres
................................................ acres
................................................ acres
11. Total acreage to be irrigated ......... acres.
12. Average number of head of cattle for which water is required ..................
13. Details of any dam, weir, furrow, etc. Constructed/Proposed ...................
14. Names and addresses of other users (particularly downstream), who might be affected by the granting of this
application ............................................................................................................
15. If a dam or weir to be constructed will not be wholly on your property or will flood adjoining property, give name and address of landowner(s) affected. Rights of abutment and/or storage will be required. Please state whether other landowners affected have consented. ...........................................................................................................................................................................................................
16. Please submit sketch, map or plan, showing your property in relation to neighbouring properties. The river(s) affected and the site of works in existence or to be constructed must be indicated as accurately as possible.
17. Please give simple directions of the road to the property from any well-known landmark, so as to enable a visit of inspection to be made without difficulty. (If applicant is not resident on property also state where he may normally be found during working hours.)
I enclose herewith ...........fee units in payment of the application fee.
Date .......................
.....................................
Applicant's Signature
FORM 2
[Rule 2]
APPLICATION FOR THE TERTIARY USE OF PUBLIC WATER
(Industrial and mechanical purposes, or for the generation of power)
For Official use only
THE SECRETARY,
THE WATER BOARD,
P.O. Box 575,
LUSAKA.
No . ...................................................................
Date received ..................................................
Zone ................................................................
In accordance with the Water Act, I hereby apply for the use of public water and supply the following particulars:
1. Full name of Applicant ...................................................... (BLOCK CAPITALS)
2. Postal address ....................................................................................................
Tel. No .....................................................................................................................
3. Description and number (if any) of property concerned ...................................................................................................................................
4. State whether property is held on leasehold, freehold or other title ...................................................................................................................................
Do you hold the deeds; if not, who does? ................................................................
5. Has the property been surveyed?.........................................................................
6. Acreage of property .......... acres
7. Water required from .......... River which is a tributary of .................................................... River
8. Amount of water applied for ............. litres daily
9. Nature of use of water .........................................................
10. Give details of installation ................................................
11. Point of abstraction of water with reference to beacons or landmarks ...................................................................................................................................................................................................
12. Point of return ..................................................................................................................................................................
13. Amount to be abstracted .............. litres per day
14. Amount to be returned ............. litres per day
15. Give details of any possible pollution ....................................................... ......................................................................
In the case of mechanical or industrial use—
16. The water is to be pumped to ...... metres above abstraction point
In the case of use of water for generating power—
17. Fall available ..................................... metres
18. Horsepower to be developed ........................................ h.p.
19. Type of power plant proposed .................................................... ....................................................................................
20. Names and addresses of other users (particularly downstream) who might be affected by the granting of this application. ....................................................................................................................................................................................................
21. If dam or weir to be constructed will not be wholly on your property or will flood adjoining property, give name and address of landowner(s) affected. Rights of abutment and/or storage will be required. Please state whether other landowners affected have consented.
....................................................................................................................................................................................................
22. Please submit sketch, map or plan, showing your property in relation to neighbouring properties. The river(s) affected and the site of works in existence or to be constructed must be indicated as accurately as possible.
23. Please give simple directions of the road to the property from any well-known landmark, so as to enable a visit of inspection to be made without difficulty.
I enclose herewith fee units in payment of the application fee.
Date ..........................
.................................
Applicant's Signature
FORM 3
[Rule 5]
ENGINEER'S REPORT ON APPLICATION FOR WATER RIGHTS
1. Name of Applicant .......................................................................
2. Application No. .............................................................................
3. Date of visit ...................................................................................
4. River .............................................................................................
5. Map or other reference of point of abstraction ..............................
6. Flow at time of visit .......................................................................
7. Method of gauging .........................................................................
8. Estimated minimum flow ...............................................................
9. Month in which flow ceases each year if non-perennial
10. Catchment (a) Area ...............................................................................
(b) Vegetation .........................................................................................
(c) Topography .......................................................................................
(d) Average geological conditions ...........................................................
11. Estimated maximum flood ..............................................(State how computed)
12. Method of obtaining water, including conservation works:
13. Cost of above works .................................................................................
14. Applicant agrees to build conservation works before ...............................
15. Easements. Types required and persons concerned.
.............................................................................................................................
16. Farms or other interests affected (excluding African interests) ................
17. African interests affected ...........................................................................
18. Use to be made of the water:
19. Investigating Engineer's comments and recommendations:
Date ............................
....................................
Investigating Engineer
20. Water Officer's comments and recommendations:
Date ....................................
...........................
Water Officer
FORM 4
[Section 32]
APPLICATION FOR RENEWAL OF WATER RIGHT
For Official use only
THE SECRETARY
THE WATER BOARD,
P.O. BOX 575,
LUSAKA.
No. .............................................
Date received ............................
Zone ...........................................
In accordance with section 32 of the Water Act, I hereby apply for renewal of Water Right No. ...................................... dated .....................
1. Name of Applicant .......................................................(BLOCK CAPITALS)
Full Postal Address ...........................................................................................
2. Name and Number(s) of farm or property ....................................................
Acreage of property ...........................................................................................
3. Watercourse .................... being part of River System ................................
4. Particulars of existing water right:
(a) Amount of water to be abstracted ..........................................per day
(b) Nature of use (primary, secondary, tertiary) ......................................
(c) Impoundment or other conservation works to be constructed as condition of right .............................................................................................................
5. Statement of use made of existing water right:
(a) Average daily abstraction during—
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Period |
Domestic supply |
Irrigation |
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1st year |
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2nd year |
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3rd year |
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4th year |
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Present year |
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(b) Crops grown under irrigation (if any)—
Last year. Kind of crops ............................. Acreage
Kind of crops .............................. Acreage
Present year. Kind of crops ...................... Acreage
(c) If construction of an impoundment or other conservation work was a condition of the existing right, state—
(i) Has the work been completed? If so, on what date? ...............
Has it been passed by the Water Officer or his agent? ...........
If not, give reasons for delay ..........................................................................
(ii) If the work has been constructed, state—
Dimensions, height of crest ................................................................metres
Length of wall ......................................................................................metres
Amount of water impounded ...................................................gals/acre feet.
State materials used and nature of construction.
............................................................................................................................................................................................
(iii) Have all necessary easements (storage, passage or abutment) been negotiated?.
With whom?.......................................................................................................................................................................
6. Give details of any other impoundment or water conservation works:
(a) You have built (with date of construction)............................................................................................................
(b) Projected. ............................................................................................................................................................
7. Is the quantity of water granted by the existing water right sufficient for your needs, or do you intend to apply for an increased apportionment? (If so, state the extra amount required and give reasons for the increase.)
...........................................................................................................................................................................................
8. Any other information you wish to bring to the notice of the Board.
Date ..................................
............................................
Applicant
NOTE. – The information called for above must be supplied as without it the Water Board may be unable to deal promptly with your application for renewal of water rights.
[Am by 215 of 1956.]
WATER RIGHTS (REGISTRATION) REGULATIONS
[Section 46]
Arrangement of Regulations
Regulation
1. Title
2. Documents to be forwarded to secretary
3. Duties of secretary
4. Registrar to register copy
GN 279 of 1950.
[Regulations by the Minister]
These Regulations may be cited as the Water Rights (Registration) Regulations.
2. Documents to be forwarded to secretary
The original and one copy of all orders required to be registered with the Water Registrar shall be forwarded, together with the prescribed fee, to the secretary of the Water Board.
The secretary shall compare the copy with the original and, if he is satisfied that it is a true copy, he shall stamp it with the stamp of the Water Board.
The secretary shall forward the stamped copy to the Water Registrar, who shall register such copy in a register to be known as the Water Rights Register.
[Section 46]
GN 18 of 1953.
[Order by the Minister]
The form set out in the Schedule is hereby prescribed for the purposes of sub-section (1) of section 56 of the Act.
SCHEDULE
[Section 56(1)]
PRESCRIBED FORM
THE WATER ACT
To ................................................................. of Whereas I, ..................................................................................... Water Officer for the prescribed purposes of the Water Act, am satisfied that public water is being fouled and/or polluted* by you at ..................................................
I hereby call upon you as the person responsible therefor to take adequate measures to prevent such fouling and/or pollution within ...... (specified period).
Date ...................................
........................................
Water Officer
*Strike out whichever may be inapplicable.
WATER BOARD (WORKS) REGULATIONS
[Section 46]
Arrangement of Regulations
Regulation
1. Title
2. Design of works
3. Approval of design
4. Supervision of works
5. Design deviation and unauthorised construction
6. Inspection of works
SI 119 of 1993.
[Regulations by the Minister]
These Regulations may be cited as the Water Board (Works) Regulations.
The design of any works shall be made by a qualified and competent engineer and shall include a detailed report with all the necessary drawings.
The design of any works shall be approved by the Provincial Water Engineer or Senior Water Engineer in the locality or the Water Officer appointed by the Water Board.
Any construction of the approved works shall be supervised by a qualified and competent engineer.
5. Design deviation and unauthorised construction
Any deviation during construction from the approved plan and any works constructed without the authority of the Water Board shall constitute an offence and such work shall be demolished at the Water Board's discretion and the cost of demolition shall be borne by the offender.
Any works on the course of any public stream shall be inspected by officers appointed by the Water Board and the Water Board may order any person or institution to execute such acts or repairs with respect to the works as may be necessary and, in the case of default, the Water Board shall carry out the act or repair and recover the cost from the defaulter.
WATER BOARD (WATER MEASUREMENT) REGULATIONS
[Section 46]
Arrangement of Regulations
Regulation
1. Title
2. Establishment of measuring stations
3. Installation of measuring devices
4. Abstraction of water
5. Penalty for over-abstraction
SI 53 of 1994.
[Regulations by the Minister]
These Regulations may be cited as the Water Board (Water Measurement) Regulations.
2. Establishment of measuring stations
The Water Board may establish on any piece of land, hydrometeorological stations, or erect gauging weirs or plates or any other devices, for measuring the volume of water available in a particular stream or river, and obtain and record observations made at such measuring stations.
3. Installation of measuring devices
(1) The Water Board may, for the purpose of determining the volume of water abstracted from a stream or a river by a person or institution—
(a) direct that person or that institution to install such flow meters on that person's or that institution's pumping unit as the Water Board may consider fit; and
(b) monitor electricity consumption of the appropriate transformer for that person's or that institution's pumping unit as often as necessary.
(2) The cost of installing the flow meters referred to in paragraph (a) of sub-section (1) shall be borne by the person or that institution concerned.
No person or institution shall abstract from a stream or a river more water than is specified in that person's or that institution's water right.
5. Penalty for over-abstraction
If the Water Board, upon investigation, establishes that a person or an institution has abstracted more water than is specified in the water right and that person or that institution fails to prove that the over-abstraction was inevitable, the Water Board may—
(a) revoke or vary the water right of that person or that institution; or
(b) impose on that person or that institution such conditions as it may consider necessary.
WATER (PROTECTION OF PUBLIC STREAM AND SOURCE OF WATER SUPPLY) REGULATIONS
[Section 46]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Prohibition of seam bank cultivation
4. Prohibition of obstructions, etc.
5. —
SI 1 of 2000.
These Regulations may be cited as the Water (Protection of Public Stream and Source of Water Supply) Regulations.
In these Regulations, unless the context otherwise requires—
"Board" means the Water Board; and
"Stream" means a public stream.
3. Prohibition of seam bank cultivation
A person shall not, on any area of land within a distance of 50 metres of a bank of any public stream, cultivate or permit the cultivation of any crops, cut any tree, excavate any sand or in any manner conduct any activity likely to loosen the soil or diminish the quantity of water flowing in any part of a public stream.
4. Prohibition of obstructions, etc.
(1) A person shall not obstruct the flow of water or place any obstruction in a stream likely to diminish the quantity or flow of water in the stream.
(2) Sub-regulation (1) does not apply to any works authorised by the Board.
Where a person contravenes these Regulations, the Board may—
(a) order the person to cleanse, deepen or improve the channel of the stream or carry out any act to improve the flow of water in the stream; or
(b) confiscate any tool or equipment used in the commission of the offence or destroy any unlawful obstructions or works carried out or crops grown without payment of any compensation to the offender.
WATER RESOURCES MANAGEMENT (CHARGES AND FEES) REGULATIONS
[Sections 7, 150, 151, 152 and 153]
Arrangement of Regulations
Regulation
1. Title
2. Charges and fees
3. Interest on charge or fee not paid
4. Revocation of S.I. No. 20 of 1993, S.I. No. 125 of 1990, S.I. No. 20 of 1993, S.I. No. 83 of 2011
SI 18 of 2018,
SI 31 of 2022.
These Regulations may be cited as the Water Resources Management (Charges and Fees) Regulations.
The charges and fees set out in the Schedule are the applicable charges for the matters specified therein.
3. Interest on charge or fee not paid
A person who fails to pay a fee or a charge is liable to pay interest at the Bank Zambia base rate.
4. Revocation of S.I. No. 20 of 1993, S.I. No. 125 of 1990, S.I. No. 20 of 1993, S.I. No. 83 of 2011
The Water Board (Charges and Fees) Regulations, 1993, and the Generation of Hydropower (Fees and Charges) Regulations, 2011, are revoked.
[Regulation 2]
[Sch am by reg 2 of SI 31 of 2022.]
{mprestriction ids="2,3,5"}
PRESCRIBED FEES
|
Item |
|
Fee Units |
|
1. |
Hydropower |
|
|
Application for a permit or renewal of a permit for usage up to 10 Mega Watts (MW) (Plus 3, 333.33 fee units per MW above 10 MW up to a maximum of 250 MW) |
16,666.67 |
|
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Annual access charge per Kilowatt (kW) of installed capacity |
2.529976 |
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Usage per Kilowatt hour (kWh) generated |
0.003069 |
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In a cascade of any installed capacity per kWh generated |
0.002534 |
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2. |
Agricultural |
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Application for a permit or renewal of a permit up to 100 m3"/> per day |
1,666.67 |
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Application for a permit or renewal of a permit above 100 m3"/> per day |
16,666.67 |
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Usage tariff up to 100 m3"/> per day per cubic metre |
16.67 |
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Usage tariff above 100 m3"/> per day per cubic metre |
0.015990 |
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3. |
Mining |
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Application for a permit or renewal of a permit |
33,333.33 |
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Access charge per m3"/> per day of permitted volume |
0.007964 |
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Usage tariff per m3"/> |
0.031857 |
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4. |
Industrial |
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Application for a permit or renewal of a permit |
33,333.33 |
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Access charge per m3"/> per year of permitted volume |
0.003990 |
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Usage tariff per m3"/> |
0.015959 |
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5. |
Municipal |
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Application for a permit or renewal of a permit |
16,666.67 |
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Access charge per m3"/> per year of permitted volume |
0.002586 |
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Usage tariff per m3"/> per day |
0.010346 |
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6. |
Other Non-Extractive Users |
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A. |
Aquaculture, Navigation, Recreation |
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Application for a permit or renewal of permit |
9,833.33 |
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B. |
Storage Dams |
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Application and renewal for permit for storage. (Storage is chargeable on 50 per cent of storage volume per m3"/>) |
0.0166.67 |
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C. |
Dewatering |
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Application for a permit or renewal of permit for volume between 75 -149 m3"/> per day |
83,333.33 |
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Application for a permit or renewal of permit for volume between 150 -199 m3"/> per day |
166,666.67 |
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Application for a permit or renewal of permit for volume in excess of 200 m3"/> per day |
333,333.33 |
|
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D. |
Dilution Permits |
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Application for an annual permit |
506,666.67 |
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E. |
Drainage of swamp, marsh, dambo, wetland, re-charge area or other land |
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Application for an annual permit |
166,666.67 |
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7. |
Other |
|
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Registration of a borehole: |
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(a) Domestic |
0 |
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(b) Commercial |
833.33 |
|
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Application for a permit to drill a borehole: |
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(a) Domestic |
0 |
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(b) Commercial |
1,666.67 |
|
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8. |
Permit for Construction of Water Works Dams |
|
|
Application for construction of a dam with storage capacity of up to 200,000 m3"/> |
3,333.33 |
|
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200,000 – 500,000 m3"/> |
11,666.67 |
|
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500,001 – 1,000,000 m3"/> |
33,333.33 |
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Above 1,000,000 m3"/> |
66,666.67 |
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Weirs |
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Application for construction of a weir |
6,666.67 |
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Diversion Canals |
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Application for construction of a diversion of canal |
33,333.33 |
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Sediment load per station |
83.33 |
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Groundwater (levels, depth yield) per batch of 10 boreholes |
83.33 |
|
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Borehole Completion Report, per borehole including quantity and quality test results |
83.33 |
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Water quality test call per site |
666.67 |
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Thematic maps |
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A0 colour print per theme or combinations |
1,666.67 |
|
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A1 colour print per theme or combinations |
1,333.33 |
|
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A2 colour print per theme or combinations |
1,000.00 |
|
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A3 colour print per theme or combinations |
666.67 |
|
|
Digital map per theme or combinations |
333.33 |
|
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9. |
Temporary Permit Charges for water usage |
|
|
|
Application for a temporary permit |
16,666.67 |
|
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Daily access charge per cubic metres (m3"/>) of permitted volume |
0.015990 |
EXPLANATORY NOTES
Exemptions and Incentives
(a) Domestic use of 10m3"/> per day is exempted;
(b) A project that has been classified and declared by the Board, with the approval of the Minister, as a community project shall pay 50 per cent of the prescribed charges or fees;
(c) Hydropower stations of less than 0.5 MW generating electricity for export to the national grid are exempted;
(d) Abstraction of water from dams for agriculture purposes shall be at a rate of 80 per cent of the prescribed fees, for owners; and
(e) De-watering activities that involve reuse shall pay 80 per cent of the prescribed fees;
(f) Hydropower is exempted from dam storage fees, per cubic metre.
WATER RESOURCES MANAGEMENT (LICENSING OF DRILLERS AND CONSTRUCTORS) REGULATIONS
[Sections 88 and 89]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Licensing of drillers
4. Refusal to grant licence
5. Revocation of licence
6. Register of constructors, drillers and engineers
7. General offence and penalty
SI 19 of 2018.
These Regulations may be cited as the Water Resources Management (Licensing of Drillers and Constructors) Regulations.
In these Regulations unless context otherwise requires—
"borehole" has the meaning assigned to the word in the Act;
"constructor" has the meaning assigned to the word in the Act; and
"driller" has the meaning assigned to the word in the Act.
(1) Subject to sub-regulation (2) a person who intends to engage in the trade or business of drilling a borehole shall apply for a licence, modification or renewal to the Authority in Form I set out in the First Schedule, on payment of the prescribed fee.
(2) A successful applicant shall be issued with a licence in Form II set out in the First Schedule.
(3) A licence issued in accordance with sub-regulation (2) shall be issued in accordance with classes set out in the Second Schedule.
The Board shall, where it refuses to grant a licence, inform the applicant in Form III set out in the First Schedule.
(1) The Board shall, where a licensee violates the conditions of the licence, inform the licensee in writing of the Board’s intention to revoke the licence and give the licensee an opportunity to be heard.
(2) The Board shall not revoke the licence if the licensee takes the remedial measures to the satisfaction of the Board within such period as the Board may specify.
(3) The Board shall revoke the licence where the licensee fails to show cause to the satisfaction of the Board or take any measures within the specified period.
(4) A licensee whose licence is revoked under this section shall not engage in the trade or business of constructing waterworks or drilling boreholes.
6. Register of constructors, drillers and engineers
(1) The Authority shall establish and maintain a register of constructors, drillers and engineers as set out in the Third Schedule.
(2) Subject to sub-regulation (1), a constructor, driller or engineer shall notify the Authority where there is a change of particulars of that constructor, driller or engineer within 14 days of that change.
7. General offence and penalty
A person who contravenes these Regulations commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding 12 months, or to both.
[Regulations 3, 4, 5 and 7]
Prescribed Forms
Form I
[Regulation 3(1)]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Licensing of Drillers and Constructors) Regulations
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APPLICATION FOR A GROUNDWATER DRILLING LICENCE |
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(a) Please fill in the form completely as provided and bind it with all necessary attachments. Print clearly using ink. Incomplete and unbound applications will not be processed |
Shaded fields for official use only |
Application No. |
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(b) All applicable fees paid to the WARMA are non-refundable. |
Date and Time |
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(c) Attach a separate sheet where space on the form is limited for additional information. |
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(d) Copies of all certificates attached must be "Certified True Copies of the original" and where applicable must be translated into English language. |
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(e) All professionals declared must be registered with relevant professional bodies. |
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Information required |
Information provided |
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1. |
APPLICANT INFORMATION |
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(a) |
Applicant: |
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(b) |
Contact person: |
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(c) |
Physical address: |
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(d) |
City/Town: |
Province: |
Postal Code: |
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(e) |
Telephone: |
Cell: |
E-mail: |
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1.1 |
Type of application: |
New |
Renewal |
Upgrade |
Downgrade |
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2. |
COMPANY DETAILS |
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2.1 |
PACRA Registration No.: |
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2.2 |
State whether listed company/limited company/partnership or sole proprietor |
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2.3 |
Shareholders, Directors, Managers, Partners of firms whose signatures will carry authority in decision making matters. (Attach current PACRA computer print-out for shareholding for the current year of registration). |
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Name |
Position |
NRC |
Status |
Share holding |
Qualification |
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3 |
TECHNICAL DATA |
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(Attach separate sheet where space is not enough as specify as Annex 1) |
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3.1 KEY PERSONNEL – PROFESSIONAL |
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3.1.1 |
Employment Type: Full/Part-time |
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Name: |
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Position: |
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Telephone No.: |
Landline: |
Mobile No.: |
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Identity No.: |
National Registration Card No.: |
Passport No. |
Driver’s Licence No. |
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3.1.2 |
Employment Type: Full/Part-time |
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Name: |
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Position: |
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Telephone No.: |
Land Line |
Mobile Phone No.: |
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Identity No.: |
National Registration Card No. |
Passport No.: |
Driver’s Licence No.: |
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The following documents must be attached: |
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(a) Certified copies of Degrees |
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(b) Certified copies of registration with Engineering Institute of Zambia |
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(c) Curriculum Vitae |
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3.2 |
KEY PERSONNEL - TECHNICIANS AND SKILLS BASED |
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3.2.1 |
Employment Type: Full/Part-time |
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Name |
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Position: |
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Telephone No. |
Land line |
Mobile Phone No.: |
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Identity No. |
National Registration Card No.: |
Passport No.: |
Driver’s Licence No.: |
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3.2.2 |
Employment Type: Full/Part-time |
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Name: |
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Position: |
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Telephone No.: |
Land line No.: |
Mobile Phone No.: |
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Identity No.: |
National Registration Card No.: |
Passport No.: |
Mobile Phone No.: |
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3.2.3 |
Employment Type: Full/Part-time |
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Name: |
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Position: |
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Telephone No.: |
Land Line No.: |
Mobile Phone No.: |
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Identity No.: |
National Registration Card No.: |
Passport No.: |
Mobile Phone No.: |
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The following documents must be attached: |
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(a) Certified copies of certificate |
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(b) Certified copies of Driller’s Licence for the Drillers |
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(c) Curriculum Vitae |
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4. |
VEHICLES, EQUIPMENT AND TOOLS OWNED OR LEASED BY THE COMPANY TO CONDUCT DRILLING WORKS. |
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(Attach separate sheet where space is not enough as specify as Annex 2). |
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Type |
Make |
Capacity (m/ton/Hp) |
Age (Years) |
Condition (Good/Fair/Poor) |
Owned/Leased |
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2. |
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3. |
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4. |
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The following documents must be attached |
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(a) Copies of registration certificate for all motor vehicles and drill rig(s) |
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(b) Proof of ownership of auxiliary equipment (Pictures of the equipment and serial numbers must be attached) |
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(c) For equipment that is leased, agreements must be attached. |
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5. |
WORKS COMPLETED WITHIN THE PAST FIVE YEARS |
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(Attach separate sheet where space is not enough as specify as Annex 3) |
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Project Name |
Client/ Employer |
Consultant |
Value of Works |
Date Completed |
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1. |
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2. |
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4. |
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5. |
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6. |
TECHNICAL REFERENCES |
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Name and physical address of traceable technical referees from who references may be sought. |
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Consulting firm |
Contact person |
Physical address |
Telephone |
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1. |
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2. |
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3. |
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7. |
CLIENT REFERENCES |
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Name and physical address of traceable client referees. |
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Company/ Organisation |
Contact person |
Physical address |
Telephone |
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1 |
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2 |
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3 |
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8. |
Class of drilling licence applied for .............. |
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9. |
DECLARATION BY THE APPLICANT: |
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I/We, .................................................... declare that the information I/We have stated is correct and truthful to the best of my/our knowledge and belief. |
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................................ |
......................... |
.................................... |
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................................ |
......................... |
.................................... |
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FOR OFFICIAL USE ONLY |
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Date of application form was received: ........................... Reference No ...................... |
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Licence approved for category: ..................................... Date Issued: |
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Licence No.: ................................................................ |
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Application not approved due to : |
Remarks: |
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1. ……………………………….. |
……………………………….......................... |
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2. ……………………………….. |
……………………………….......................... |
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3. ……………………………….. |
……………………………….......................... |
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4. ……………………………….. |
Approved by: |
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……….......…………….. |
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…………..........…………. |
Form II
[Regulation 3(2)]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Licensing of Drillers and Constructors) Regulations
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The licence is valid from................... day of......................... 20……... to the .................. day of …………………......... 20 ... |
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Form III
[Regulation 4]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Licensing of Drillers and Constructors) Regulations
NOTICE OF REFUSAL TO GRANT A LICENCE
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(1) Here insert name and address of the applicant |
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To: (1) ......................................................................................................................... |
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(2) Insert the reference No. of the application |
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IN THE MATTER OF (2) ....................................................................... you are notified |
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(3) Here insert type of application |
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that your application for (3) .......................................................................................... |
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has been rejected on the following grounds: |
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(a) .................................................................................................................. |
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(b) .................................................................................................................. |
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(c) .................................................................................................................. |
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(d) .................................................................................................................. |
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Dated this ………………...................... day of ................................. 20 ...................... |
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(4) Signature of Director-General |
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(4) ..................................................................................................................... |
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OFFICIAL STAMP |
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[Regulations 3(3)]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Licensing of Drillers and Constructors) Regulations
CLASSES OF DRILLING LICENCE
|
Classes |
Equipment |
Minimum Staff requirements |
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A |
4 rigs |
4 Drilling Supervisors |
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B |
At least two rigs but no more than four rigs. |
1 Drilling Supervisor |
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C |
- Either hires a rig or has one rig. |
1 Drilling Supervisor |
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D |
Low cost technology drilling equipment and manual drilling (Jetting/augering/hand dug) |
1 Driller |
[Regulations 7(1)]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Licensing of Drillers and Constructors) Regulations
|
REGISTER OF DRILLERS AND ENGINEERS |
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Name |
Address |
Contact details (Mobile Number) |
PACRA Number |
Licence Number |
Date of Issue |
Expiry Date |
Classes |
Rig |
E-mail Address |
Restrictions |
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WATER RESOURCES MANAGEMENT (GROUNDWATER AND BOREHOLES) REGULATIONS
[Section 179]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Notice to drill borehole
4. Location of boreholes
5. Specification of boreholes
6. Register of boreholes
7. Defective borehole
8. Fees
9. General offence and penalty
10. Transitional provisions
SI 20 of 2018.
These Regulations may be cited as the Water Resources Management (Groundwater and Boreholes) Regulations.
In these Regulations unless context otherwise requires—
"Authority" has the meaning assigned to the word in the Act;
"brackish" has the meaning assigned to the word in the Act;
"casing" means a pipe of steel, unplasticised polyvinyl chloride or any other suitable material inserted into a borehole to support the borehole against collapse;
"drillers" has the meaning assigned to the word in the Act;
"gravel pack" means sand or gravel that is uniform, clean, well rounded and siliceous;
"karst" means a limestone rock layer that contains the cavities and cracks, which are characterised by high permeability and water movement is not homogeneous;
"pollution" has the meaning assigned to the word in the Act;
"pumping test" means a test carried out to assess the aquifer or borehole characteristics;
"sanitary seal’' means a seal composed of a cement grout, with which the annular space between the borehole wall and the surface casing is filled in order to prevent contamination of the borehole;
"screen" means a perforated section of a casing pipe that allows water to enter the borehole whilst restricting sediments from entering the borehole;
"successful borehole" means a borehole that has acceptable yield upon completion;
"Total Dissolved Solids" means the quantity of dissolved material in water expressed as milligrams per litre; and
"unsuccessful borehole" means a borehole that does not yield any water or meet the acceptable yield.
(1) A person who intends to drill a borehole shall give notice of intention to drill a borehole to the Authority, catchment council or sub-catchment council in Form I set out in the First Schedule.
(2) An application to drill a borehole shall be made to the Authority in Form II set out in the First Schedule, on payment of the prescribed fee.
(3) The Authority shall, where it authorises the drilling of a borehole, inform the applicant in Form III set out in the First Schedule.
(4) The Authority shall, where it rejects the notification of drilling a borehole, inform the applicant in Form IV set out in the First Schedule.
(1) A driller shall ensure that the location of the borehole meets the distances specified in the Second Schedule.
(2) Where the specified distances in the second Schedule are not practicable, the Authority may approve such other distances.
(1) A driller shall ensure that a successful borehole is installed with the following—
(i) full casing of the borehole from the top to the bottom;
(ii) gravel pack;
(iii) bottom plug; and
(iv) a sanitary seal.
(2) An unsuccessful or exploratory borehole shall not require the specifications under sub-regulation (1).
(3) A driller shall ensure that an unsuccessful borehole is backfilled and capped with grout within 24 hours.
(1) A person who drills a borehole shall register the borehole in Form V set out in the First Schedule, on payment of a prescribed fee.
(2) The Authority shall keep and maintain a Register of boreholes as set out in the Third Schedule.
A person who owns a defective borehole shall report to the Authority or a catchment manager within 14 days of discovering brackish water or any other substance in Form VI set out in the First Schedule.
The fees set out in the Water Resources Management (Fees and Charges) Regulations, 2018, are the applicable fees for the purposes of these Regulations.
9. General offence and penalty
A person who contravenes these Regulations commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding 12 months, or to both.
A person who had a borehole before the coming into operation of these Regulations, shall register that borehole on payment of the prescribed fee within six months of the coming into effect of these Regulations.
[Regulation 3]
Form I
[Regulation 3(1)]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Groundwater and Boreholes) Regulations
|
NOTICE TO DRILL BOREHOLE |
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Please complete in block letters |
Shaded fields for official use only |
Licence Code |
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Date and Time |
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Information Required |
Information Provided |
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ENTERPRISE INFORMATION |
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1. Full name of enterprise |
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2. Postal Address |
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3. E-mail Address |
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4. Physical address |
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Plot No.: |
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Street |
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Province |
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Town |
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Tel |
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A person wishing to object to the grant of approval may do so in writing stating reasons for the objection, within 30 days of the date of publication of the notice. Objections should be sent to the Authority, catchment council or sub-catchment council |
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Note: The Form must be attached to the application to drill |
Form II
[Regulation 3(2)]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Groundwater and Boreholes) Regulations
|
APPLICATION TO DRILL BOREHOLE |
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Please complete in block letters |
Shaded fields for official use only |
Licence Code |
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Date and Time |
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||||
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Information Required |
Information Provided |
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1. |
Surname of Applicant |
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Forename(s) |
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Registration No. |
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Nationality |
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NRC/Passport No. |
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E-mail address |
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2. |
Licence/Permit No. |
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3. |
Physical Address |
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(a) Telephone No. |
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(b) Fax: |
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(a) E-mail: |
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4. |
Owner of property |
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5. |
Anticipated use: Residential |
Commercial |
Irrigation |
Industrial |
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(Other) ............................................................................................................................. |
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||||
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Will water withdrawn be greater than 10,000 litres per day? Yes No |
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6. |
Drilling Contractor: Licence No.: .............................................................................. |
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7. |
Property address where drilling of borehole is planned: .......................................... |
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8. |
Name of Company: |
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Address: |
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Phone Number: |
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City/Town: |
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Province: |
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Cellphone No.: |
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Person completing form: |
Borehole owner |
Driller |
Other |
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DECLARATION BY THE APPLICANT: |
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||||
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I ........................................................................ declare that the information given above is true and correct to the best of my knowledge. Should the information be verified to be false, this application shall be rendered invalid. |
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…....................................... |
........................................ |
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Before submitting: |
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Complete all required information in the form. |
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If domestic applicant, a sketch map or site or site map covering a radius of 30 metres showing property boundaries, road, distance from septic/pit latrine or any other potential pollution source. |
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If non-domestic applicant, attach a borehole site investigation report containing: Planned location of boreholes, existing boreholes within 250m, distance from any pollution source, proposed depth of borehole and casing diameter. |
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Attach proof of consent from landowner or certified title deeds or letter of property sale. |
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Sign the borehole registration form |
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Approved/ Not approved: |
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Reasons for rejection: |
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FOR OFFICIAL USE ONLY |
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Received by …………………......................................... RECEIPT No ............................. |
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Date Received: ............................................................. |
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OFFICIAL STAMP |
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Amount Received. .......................................................... |
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Signature: ...................................................................... |
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Form III
[Regulation 3(3)]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Groundwater and Boreholes) Regulations
NOTICE OF GRANT TO DRILL BOREHOLE
To: .......................................................................................................................................
IN THE MATTER OF: ........................................................................................................
You are hereby notified that your application to drill has been accepted on the following conditions—
(i) This permit is contingent on land ownership and is, therefore, transferable upon ownership transfer, but is restricted to its conditions or any other relevant rules and conditions prevalent at the time of transfer.
(ii) Where there is transfer of property, the new property owner shall notify the Authority in writing within 90 days.
(iii) In case where the applicant intends to drill more than one borehole, the applicant shall be required to fill in an application form for each borehole.
(iv) The borehole shall be drilled by a licensed driller in accordance with the Authority’s technical specifications.
(v) Upon completion of drilling a borehole, a driller shall be required to submit to the Authority, a borehole completion report and any other tests made.
(vi) This permit is valid for six months but may be revoked at any stage due to contravention of any of the above stated conditions.
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FOR OFFICIAL USE ONLY |
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Received by: ................................................................. RECEIPT No .................................... |
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Date Received: ............................................................. |
OFFICIAL STAMP |
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Amount Received. ........................................................ |
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Form IV
[Regulation 3(4)]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Groundwater and Boreholes) Regulations
NOTICE OF REFUSAL TO DRILL BOREHOLE
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(1) Here insert name and address |
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To: (1) ................................................................................................................................ |
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(2) Insert the reference No. of the Notice |
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IN THE MATTER OF ............................................................... (2) ....................................... |
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(3) Here insert type of application |
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You are notified that your application for (3) ........................................................................... has been rejected on the following grounds— |
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(a) ............................................................................................................................ |
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(b) ............................................................................................................................ |
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(c) ............................................................................................................................ |
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(d) ............................................................................................................................ |
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(4) Signature of Director-General |
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(4) ................................... |
OFFICIAL STAMP |
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Form V
[Regulation 6(1)]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Groundwater and Boreholes) Regulations
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BOREHOLE REGISTRATION FORM |
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Please complete in block letters |
Shaded fields for official use only |
Licence Code |
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Date and Time |
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Information Required |
Information Provided |
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1 |
APPLICANT INFORMATION: |
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Surname of Applicant |
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Forename(s) |
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Address |
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City/Town: |
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Province: |
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NRC/Passport No.: |
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Telephone: |
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Cell No.: |
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E-mail address: |
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2. |
Name(s) of applicant: |
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3. |
Type of applicant: |
Company |
Partnership |
Co-operative |
Individual |
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4. |
BOREHOLE LOCATION INFORMATION: |
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If the address of the borehole location is the same as the above, please check % |
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If not, at least one of the three following property descriptions must be provided |
|
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Address: |
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||||
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Town: |
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||||
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Legal description: |
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||||
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Plot/Lot: |
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||||
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Plan: |
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||||
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District Lot: |
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Block: |
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Section: |
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Township: |
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||||
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Borehole Location Map: Attach a sketch or diagram showing where the borehole(s) are located on the property relative to property boundaries, road or any other structures on the land |
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5. |
GLOBAL POSITION SYSTEM (GPS) CO-ORDINATES OF THE BOREHOLE: |
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Co-ordinates for the borehole can be determined by using a GPS unit, a cell phone application, or by using a mapping application such as Google Earth. |
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Latitude: ................................................. Longitude: ............................... |
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UTM Zone: ............. UTM Easting: .................. UTM Northing: .................. |
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Source of Co-ordinates (Check one): GPS Google Earth Other (Please specify) |
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6. |
BOREHOLE INFORMATION: |
|
|||
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If the borehole construction report is available, please attach to this form. |
|
||||
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Attached Not Available |
|
||||
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|
If no borehole construction report is available, complete the following information: |
|
|||
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Borehole Identification Number or Name: ................................................................... |
|
||||
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Date drilled (DD/MM/YYYY) .................................................................................... |
|
||||
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If the date of the borehole was drilled is unknown, provide the date you took possession of the property (DD/MM/YYYY) |
|
||||
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Drilling Company ..................................................................................................... |
|
||||
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Method of Drilling: .................................................................................................... |
|
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Borehole depth (m): ....................... Borehole Diameter (in) ........................................ |
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Estimated abstraction per day: ................................................................................. |
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Purpose of borehole: ................................................................................................ |
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7. |
DECLARATION BY THE APPLICANT: |
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................................................... declare that the information given above is true and correct to the best of my knowledge. Should the information be verified to be false, this application shall be rendered invalid. |
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Signed: .................................................... Date: ........................................ |
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Contacts(s) Number (Cell) ........................................................................... |
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Before submitting: |
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Complete all required information in the application form |
Mailing Address: |
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Attach a sketch or map where the borehole is located |
The Director-General |
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Provide supporting documentation (e.g. borehole completion report) if available |
E-mail: |
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Sign the borehole registration form |
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FOR OFFICIAL USE ONLY |
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Received by: .............................................................................. RECEIPT No ......................................... |
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Date Received: ...................................................... |
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Amount Received. .................................................. |
OFFICIAL STAMP |
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Serial No. of Applicant: ........................................... |
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Form VI
[Regulation 7]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Groundwater and Boreholes) Regulations
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DEFECTIVE BOREHOLE REPORT |
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Please complete in block letters |
Shaded fields for official use only |
Licence Code |
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Date and Time |
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Information Required |
Information Provided |
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1. |
Name of Applicant: |
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2. |
Type of Applicant: |
Company |
Partnership |
Co-operative |
Individual |
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Company Name: (if applicable) |
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Owner of property: |
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Surname: |
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First Name: |
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Address: |
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City/Town: |
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Province: |
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Phone Nos: Home: |
Work: |
Cell No.: |
Fax: |
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3. |
GPS Location of borehole: |
WGS 84 East: ............ |
South: ...................... |
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Thresholds for toxic in a defective borehole |
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Toxic substances |
mg/L |
Pesticides |
µg/I |
Others |
µg/l |
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Arsenic (As) |
0.01 |
Aldrin/dieldrin |
0.01 |
Polychlorinated biphenyls (PCBs) |
0.05 |
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Mercury (Hg) Cadmium (Cd) |
0.002 |
Chlordane |
0.002 |
Dioxins Perchlorate |
0.0000003 |
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Barium (Ba) |
2.0 |
Endonsulfan |
2 |
Methyl tertiary- butyl ether (MtBE) |
20 |
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Chromium (Cr) |
0.1 |
Endrin |
0.002 |
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Cobalt (Co) |
0.5 |
Heptachlor and heptachlor epoxide |
0.0002 |
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Cyanide (CN-) |
0.2 |
Hexachloro-benzene |
0.001 |
A |
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Fluoride (F-) |
4.0 |
Lindane (Gamma BHC) |
0.0002 |
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Lead (Pb) |
0.01 |
Methoxychlor |
0.04 |
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Aluminium (Al) |
0.5 |
Toxaphene |
0.003 |
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Manganese (Mn) |
0.1 |
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Nitrates (NO-3) |
10 |
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Nitrite (NO-2) |
1.0 |
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Selenium (Se) |
0.05 |
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Silver (Ag) |
0.05 |
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State any other chemicals or substances |
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FOR OFFICIAL USE ONLY |
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Received by …............................................... RECEIPT No................................ |
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Date Received: ................................................................................ |
OFFICIAL STAMP |
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Amount Received: ........................................................................... |
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Serial No. of application: ................................................................. |
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[Regulation 4]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Groundwater and Boreholes) Regulations
MINIMUM DISTANCES BETWEEN BOREHOLES IN RELATION TO WATER QUANTITY
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Pumping rate (l/s) |
Type of Aquifer |
Minimum distances between boreholes (m) |
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1-20 |
Intergranular - porous or fractured sandstones |
50 |
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0.5-5 |
Fractured basement/consolidated rocks |
50 |
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0.2-1 |
Fissured deep weathered zone |
30 |
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1-10 |
Cavity or karstic fractured limestone |
100 |
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1-20 |
Unconsolidated sediments (e.g., Aeolian Kalahari deposits) |
200 |
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Minimum Distances between boreholes and pollution sources |
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Pollution type/source |
Minimum distance from water abstraction point (radius) |
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Pit latrine |
30 meters |
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Septic tank and soakaway |
30 meters |
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Unprotected shallow well |
30 meters |
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Waste disposal (formal or informal) |
500 meters |
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Sewage effluent/lagoon/pond |
50 meters |
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Animal pen/kraal |
50 meters |
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Farm stables and sheds |
50 meters |
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Garages |
30 meters |
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Manure or composting materials application |
30 meters |
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Fuel storage |
100 meters |
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Pesticide or fertiliser storage |
100 meters |
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Parking lots, roads and railways |
50 meters |
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Dead animal burial or composting site |
100 meters |
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Cemeteries |
500 meters |
THIRD SCHEDULE
[Regulation 6(2)]
Water Resources Management Authority
The Water Resources Management Act
(Act 21 of 2011)
The Water Resources Management (Groundwater and Boreholes) Regulations
REGISTER OF BOREHOLES
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Name |
Address |
Contact details |
E-mail Address |
Driller |
WARMA Number |
Date of registration |
Depth of borehole |
Permitted volume (l/ day) |
Purpose |
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{/mprestriction}