CHAPTER 198 - WATER ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Water Rights (Procedure on Application) Rules
Water Board (Charges and Fees) Regulations
Water Rights (Registration) Regulations
Water Board (Works) Regulations
Water Board (Water Measurement) Regulations
Water (Protection of Public Stream and Source of Water Supply) Regulations, 2000
Water (Generation of Hydropower) (Fees and Charges) Regulations, 2011
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 .................................................... ....................................................................................
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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:
Period Domestic supply Irrigation 1st year
2nd year
3rd year
4th year
Present year
(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 BOARD (CHARGES AND FEES) REGULATIONS [Section 46] Arrangement of Regulations Regulation 1. Title 1A. Non-application of Regulations 2. Fees on application for water right 3. Fees for registration of orders 4. Fees for registration of water right 5. Renewal 6. Charges on application for water right 7. Charges on application for renewal of water right 8. Charges on application for temporary water right Act 13 of 1994, SI 125 of 1990, SI 20 of 1993, SI 82 of 2011, [Regulations by the Minister]
These Regulations may be cited as the Water Board (Charges and Fees) Regulations.
1A. Non-application of Regulations These Regulations do not apply to application for water rights to generate hydro power. [Reg 1A ins by reg 2 of SI 82 of 2011.]
2. Fees on application for water right There shall be paid at the time of lodging an application– (a) fee of 20 fee units in respect of every application for a water right for land up to 250 hectares; and (b) a fee of 100 fee units in respect of every application for a water right for land above 250 hectares.
3. Fees for registration of orders The fee to be paid for the registration of any order made under section 31 of the Act shall be 20 fee units. [Am by Act 13 of 1994.]
4. Fees for registration of water right The fee to be paid for the registration of a water right under section 45 of the Act shall be 20 fee units. [Am by Act 13 of 1994.]
A fee of 20 fee units shall be paid in respect of an application for the renewal of a water right. [Am by Act 13 of 1994.]
6. Charges on application for water right All water right holders shall pay for the water they will abstract as follows– (a) up to 500m3/day, 100 fee units; and (b) 1 fee unit per every excess cubic metre per day. [Am by Act 13 of 1994.]
7. Charges on application for renewal of water right The following charges shall be paid in respect of an application for the renewal of a water right– (a) up to 500m3/day, 100 fee units; and (b) 2 fee units per every excess cubic metre per day. [Am by Act 13 of 1994.]
8. Charges on application for temporary water right The following charges shall be paid in respect of an application for the temporary use of water– (a) up to 500m3/day, 40 fee units; and (b) 1 fee unit per every excess cubic metre per day. [Am by Act 13 of 1994.] 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 subsection (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 instal such flow meters on that person's or that institition'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 institition's pumping unit as often as necessary. (2) The cost of installing the flow meters referred to in paragraph (a) of subsection (1) shall be borne by the person or that institition 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, 2000 [Section 46] Arrangement of Regulations Regulation 1. Title 2. Interpretation 3. Prohibition of seam bank cultivation 4. Prohibition of obstructions, etc. SI 1 of 2000.
These Regulations may be cited as the Water (Protection of Public Stream and Source of Water Supply) Regulations, 2000.
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 (GENERATION OF HYDROPOWER) (FEES AND CHARGES) REGULATIONS, 2011 [Section 46] Arrangement of Regulations Regulation 1. Title 2. Fees and charges SI 83 of 2011.
These Regulations may be cited as the Water (Generation of Hydropower) (Fees and Charges) Regulations, 2011.
The fees and charges set out in the Schedule shall be payable in respect of the matters specified therein. [Regulation 2] PRESCRIBED FEES
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