WATER RESOURCES MANAGEMENT ACT

Arrangement of Sections

Section

PART I
PRELIMINARY

1. Short title

2. Interpretation

3. Vesting of water in President

4. No ownership of water

5. Water allocation and traditional practices in water resource management

6. Principles governing water resources management

PART II
THE WATER RESOURCES MANAGEMENT AUTHORITY

7. Establishment of Water Resources Management Authority

8. Functions of Authority

9. Powers of Authority

10. Relations with appropriate and conservancy authorities

11. Constitution of Board

12. Committees of Board

13. Exercise of functions of Authority

14. Delegation of functions and directions

15. Director-General

16. Secretary, inspectors and other staff of Authority

PART III
CATCHMENT COUNCILS, SUB-CATCHMENT COUNCILS AND WATER USERS ASSOCIATIONS

17. Constitution of catchment council

18. Functions of catchment council

19. Constitution of sub-catchment council

20. Functions of sub-catchment council

21. catchment manager and other staff

22. General functions of catchment manager

23. Collection of charges

24. Constitution of water users association

25. Functions of water users association

PART IV
WATER RESOURCES PLANNING

26. General functions of Minister

27. Appointment of Director responsible for water resources planning and policy development

28. Designation of catchment and sub-catchment

29. Protected areas

30. Consistency of water resources management with environmental and national heritage protection

31. National water resources strategy and plan

32. Catchment management plan

33. Contents of catchment management plan

34. Publication of catchment management plan

35. Approval of catchment management plan

36. Effect of catchment management plan

37. Review of catchment management plan

38. National monitoring and information system

39. Establishment of hydrological stations

40. Arrangements with utility, appropriate or conservancy authority

41. Compulsory acquisition of land

42. Delegation of functions to local authorities and other authorities

PART V
WATER QUANTITY AND QUALITY MANAGEMENT

43. Environmental flow, level or volume of water resource

44. Reserve

45. Water conservation management practices

46. Diluting effluent and discharge into water resource

47. Ambient standards, resource quality monitoring and pollution control

48. Pollution of water resources

49. Steps to control or prevent water pollution

50. Resource quality objectives

PART VI
WATER SHORTAGE AREAS

51. Declaration of water shortage areas

52. Powers of Authority in water shortage areas

53. Sinking, deepening or altering boreholes in water shortage areas restricted

54. Maximum volume and rate of abstraction in water shortage areas

PART VII
MANAGEMENT OF SHARED WATER COURSES AND WATER RESOURCES SECTION

55. Policy on management of shared water resources

56. Co-operation over shared water resources

57. Powers and duties of Minister on management of shared water resources

58. Establishment of institutions to implement agreements

59. Transitional provisions for existing institutions

PART VIII
WATER USE

60. Uses of water

61. Allocation of water and prioritising its uses

62. Use of water for domestic purposes domestic and non-commercial purposes

63. Water for domestic purposes domestic and non-commercial purposes in customary area

64. Use of minimum quantities of water for investigating ground water and preliminary works

65. Investigation of use of water

66. Wastage of water

67. Records of amount of water used to be maintained

68. Regulations for use of water

PART IX
PERMITS FOR WATER USE

69. Integrated decision-making process and single permit or license system

70. Activities where no permits required

71. Activities where permits required

72. Application for permit

73. Duty to consider application for permit

74. Considerations before grant of permit

75. Temporary permit

76. Grant of permit and conditions of permit

77. Duration of permit

78. Refusal of permit

79. Renewal of permit

80. Permit to run with land or undertaking

81. Variation of permit

82. Variation of permit at request of permit holder

83. Power to require permit application or re-application

84. Cancellation of permit

85. Abandonment of activities under permit

86. Surrender of permit

87. Register of permits

PART X
LICENSING OF CONSTRUCTORS AND DRILLERS

88. Licensing of constructors and drillers

89. Procedure for application, grant, modification etc, of license

90. Approved engineers

91. Contractor deemed to be constructor or driller

92. Register of constructors, drillers and engineers

PART XI
GROUND WATER AND BOREHOLES

93. Protection of ground water

94. Notice to drill borehole

95. Permission to drill and access for inspection

96. Defective borehole

97. Interference with defective borehole

98. Offences

99. Information on ground water and confidentiality

100. Register of boreholes

101. Reporting of existing boreholes

PART XII
WATER WORKS

102. Definitions

103. Permission to construct water works

104. Reporting of existing water works

105. Register of water works

106. Government schemes

107. Community projects

108. Precedence of Government schemes and community projects

109. Monitoring of dam works

110. Commencement of dam works for dams

111. Duty of owner on completion of dams and registration

112. Reporting of dams in certain areas

113. Supervision of dam works for large dams

114. Maintenance and operation of large dams

115. Periodic inspections of large dams

116. Owner to carry out dam works

117. Right of access, inspection, investigation and survey

118. Emergencies arising during execution of dam works

119. Access to dam for certain purposes

120. Declaration of dam with safety risk

121. Factors to determine whether dam is dam with safety risk

122. Control measures for dam with safety risk and de-commissioning of dams

123. Registration of dam with safety risk

124. Responsibilities of constructor or engineer over works

PART XIII
EASEMENTS

125. Easement not proprietary interest in land

126. Encumbrances

127. Easement includes right of access

128. Publication of easement

129. Claim of easement and entry on land

130. Method of claiming easement

131. Consent of occupier to easement

132. Application when occupier does not consent

133. Determination of application for easement

134. Lapsing of easement

135. Damage caused by waterworks of permit holder

136. Construction of waterworks and enjoyment of existing waterworks

137. Waterworks to be in state of repair

138. Use of waterworks by occupier

139. Excavated material

140. Easements to be registered

141. Termination of easement

142. Registration of termination, lapse or variation of easement

PART XIV
EMERGENCY SITUATIONS

143. Definitions

144. Early warning system

145. Declarations of emergencies

146. Measures during droughts

147. Measures during floods

148. Emergency waterworks

149. Spillage of harmful or toxic substances

PART XV
WATER USE CHARGES, FEES AND WATER DEVELOPMENT TRUST FUND

150. Pricing strategy

151. Water use charges

152. Fees

153. Recovery of water use charges and fees

154. Retention of charges and fees and application of funds

155. Water Development Trust Fund

156. Financial matters of Fund

PART XVI
ENFORCEMENT AND GENERAL PROVISIONS

157. Appeals and disputes

158. Time for lodging appeal

159. Determination of appeals and disputes

160. Entry by permit holder or person applying for permit

161. Entry by inspectors or other authorised persons

162. Manner of entry

163. Use of water without permit prohibited

164. Miscellaneous offences

165. Remedy of defaults where not provided

166. Duty to provide information to inspector

167. Requirement to state name and address

168. Service of notices

169. Order, etc, to be in writing

170. Authentication of documents

171. Protection of Minister and others from liability

172. General penalties for offences

173. Offences by corporation

174. Prosecutions

175. Fine in lieu of prosecution

176. Recovery by distress

177. Public consultation

178. No warranty implied by inspection

179. Regulations

180. Repeal, savings and transitional provisions first schedule second schedule third schedule

FIRST SCHEDULE

SECOND SCHEDULE

AN ACT

to establish the Water Resources Management Authority and define its functions and powers; provide for the management, development, conservation, protection and preservation of the water resource and its ecosystems; provide for the equitable, reasonable and sustainable utilisation of the water resource; ensure the right to draw or take water for domestic and non-commercial purposes, and that the poor and vulnerable members of the society have an adequate and sustainable source of water free from any charges; create an enabling environment for adaptation to climate change; provide for the constitution, functions and composition of catchment councils, sub-catchment councils and water users associations; provide for international and regional co-operation in, and equitable and sustainable utilisation of, shared water resources; provide for the domestication and implementation of the basic principles and rules of international law relating to the environment and shared water resources as specified in the treaties, conventions and agreements to which Zambia is a State Party; repeal and replace the Water Act, 1949; and provide for matters connected with, or incidental to, the foregoing.

[18th April, 2011]

Act 21 of 2011.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Water Resources Management Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“abstraction” means the removal of water from any water resource, whether temporarily or permanently, and

“abstract” shall be construed accordingly;

“agricultural purposes” means the use of water for commercial—

(a) irrigation;

(b) fishing; or

“allocation” means the quantity of water set aside for a specific purpose or that which the permit holder is entitled to take or use for a particular purpose as specified in the permit, and “allocate” or “allocated” shall be construed accordingly;

“appointed date” means the date appointed by the Minister under section 1;

“appropriate authority” means the Minister for the time being having responsibility for, or such public or statutory officer or body having powers under any other law over, any natural resource situated in, or other activity in, a catchment or sub-catchment and includes a public or statutory officer, body or institution under the following—

(a) the Zambia Wildlife Act, 1998;

(b) the Environmental Management Act, 2011;

(d) the National Heritage Conservation Commission Act;

(e) the Lands Act;

(f) the Lands and Deeds Registry Act;

(g) the Mines and Minerals Development Act, 2008;

(h) the Fisheries Act, 2011;

(j) the Inland Water Shipping Act;

(k) the Town and Country Planning Act;

(l) the Public Health Act;

(m) the Standards Act;

(n) the Local Government Act;

(o) the Disaster Management Act, 2010;

(p) the Citizens Economic Empowerment Act, 2006;

(q) the Zambia Development Agency Act, 2006;

(r) the Public Private Partnership Act, 2009;

(s) the Tourism and Hospitality Act, 2010;

(t) the Energy Regulation Act; and

(u) any treaty, agreement or convention, to which Zambia is a State Party, relating to the management of a shared water resource;

“aquifer” means any geological formation which absorbs, stores and transmits ground water;

“arbitration” means the resolution of disputes or conflicts under this Act or in accordance with the Arbitration Act, 2000;

“Authority” means the Water Resources Management Authority established under section 7;

“biodiversity” means the variability among living organisms from all sources, including genetically modified organisms, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part of;

“Board” means the Board of the Authority constituted under section 11;

“borehole” includes an excavation or any artificially constructed or improved underground cavity, as may be prescribed, which can be used for —

(a) intercepting, collecting or storing water in, or removing water from, an aquifer;

(b) observing and collating data and information on water in an aquifer; or

“brackish” means salty;

“catchment” means a geographical area which naturally drains into a water resource and from which the water resource receives surface or ground flow that originates from rainfall;

“catchment council” means a catchment council constituted under section 17;

“catchment manager” means a person appointed as a catchment manager under section 21;

“Chairperson” means the person appointed as Chairperson of the Board under section 11;

“charges” include levies and tariffs;

“climatic” means amounts of seasonal precipitation and evapor-transpiration contributing to the water balance and water resource flow;

“climate change” means weather changes such as heat waves, extreme weather, temperature and precipitation with its modulating influences such as microbial contamination pathways, transmission dynamics, agro-ecosystems, hydrology, socio-economic and demographic factors and their resultant effects on the water resources and human health and wellbeing;

“commercial livestock husbandry” means the use of water for the sustenance and support of livestock which are not kept only for the subsistence needs of a household;

“commercial fishing” means the catching of fish in bulk for sale or in order to realise a profit, and includes aquaculture;

“commercial irrigation” means the use of water for farming that exceeds the number of cubic meters a day as prescribed;

“committee” means a committee of the Board established under section 12;

“conservancy authority” means any person or institution who, either voluntarily or under the authority of any law, manages, conserves, preserves, maintains or protects the environment;

“constructor” means any person or institution licensed by the Board to construct waterworks under section 88;

“customary area” means the area described as such in the Schedules to the Zambia (State Lands and Reserves) Orders, 1928 to 1964 and the Zambia (Trust Lands) Orders, 1947 to 1964, as specified under the Lands Act;

“Director” means the person appointed as such under section 27;

“Director-General” means the person appointed as such under section 15;

“district council” includes a city council and municipal council;

“domestic or non-commercial purposes” means the household use of water for—

(a) drinking, cooking, washing, bathing or sanitation;

(b) subsistence gardening and support of livestock not being commercial livestock husbandry;

(d) the making of bricks for the private use of the occupier;

(e) the dipping of livestock not being commercial livestock husbandry; or

(f) firefighting; for which no permit is required for the use of that water under this Act;

“driller” means any person or institution licensed by the Board to drill boreholes under section 88;

“easement” means the right, under a permit, to enter, use and occupy so much of the land of another person as may be necessary for, or incidental to, the construction or maintenance of waterworks authorised under this Act or the exercise or enjoyment of any entitlement conferred by a permit;

“ecological” means an amount of seasonal water needed for environmental and ecosystem maintenance and sustainability, including the quantities and carrying capacities of ecosystems;

“ecosystem” means the biological community of interacting organisms and their physical environment;

“effluent” means waste water or fluid of domestic, agricultural, trade, industrial or other origin, treated or untreated and discharged, directly or indirectly, into the aquatic environment;

“engineer” means an engineer approved by the Board under section 19;

“Environmental Agency” means the Agency established under the Environmental Management Act, 2011;

“environmental flow” means the water provided within a water resource to maintain ecosystems and their benefits where there are competing users and where flows are regulated by means of waterworks or management instruments;

“environmental purposes” means the use of water for the preservation and maintenance of the ecosystem;

“equitable” means fair, reasonable and just;

“existing right” means an entitlement to use water granted under the repealed Act or any permit to discharge effluent granted under any other law;

“Fund” means the Water Development Trust Fund established under section 155;

“gender” means female or male and the role individuals play in society as a result of their sex and status;

“geographic” means the relative position and size of an area in terms of a catchment;

“ground water” means any water resource found under the surface of the ground;

“HIV and AIDS” means the human immunodeficiency virus and the acquired immunodeficiency syndrome;

“hydroelectric purposes” means the use of water for the production of electricity;

“hydrographic” means the measured seasonal quantities and quality of water available in a water resource in terms of water levels and streams contributing to the water level, sedimentation and chemical quality;

“hydrologic” means the seasonal quantities of water resources available in a water resource in terms of river flow, underground flow and surface runoff;

“hydrological” means all the elements relating to the properties, occurrence and movement of water;

“hydrological cycle” means the complete cycle of phenomena through which water passes from the atmosphere to the earth and back to the atmosphere;

“hydrological station” means a place where measurements and observations of the flow, level or other parameter of any surface or ground water are taken, made or recorded; “industrial purposes” includes the use of water for manufacturing or commercial activities, processing, construction, fabrication, quarrying, smelting, mechanical or slaughtering;

“license” means a license granted to a constructor or driller under section 88;

“licensee” means a person holding a license granted under this Act;

“livestock” has the meaning assigned to it in the Animal Health Act, 2010;

“local authority” means a city council, municipal council or district council as established under the Local Government Act;

“management” in relation to a water resource includes—

(a) planning the sustainable development of the water resource and providing for the implementation of any catchment management plan and national water resources strategy and plan; and

(b) promoting the rational and optimal utilisation, protection, conservation and control of the water resource;

“member” means a member of the Board;

“mining” has the meaning assigned to it in the Mines and Minerals Development Act, 2008;

“mining operations” means operations carried out in the course of mining;

“mining purposes” means the use of water for mining operations;

“municipal purposes” means the supply of water and sanitation services in accordance with the Water Supply and Sanitation Act, 1997;

“national water resources strategy and plan” means a strategy formulated by the Authority under section 31;

“navigational purposes” means the use of water for sailing, transport, hunting, recreational fishing, recreation or tourism;

“occupier” in relation to land, means—

(a) a statutory leaseholder, sub-lease and under-lease holder and any other person having a legal or contractual right to land or to the administration of land;

(b) any person who, by any established right, custom or estate is, or is entitled to be, the holder or possessor of land; or

(c) any person to whom a mining license or mining location has been granted under the Mines and Minerals Development Act, 2008;

“permit” means an authorisation for the right to use of water for the purposes specified in this Act, for the construction of any water works or for the sinking, altering or deepening of any borehole in a water shortage area;

“permit holder” means a person holding a permit granted under this Act;

“pollution” in relation to water, means—

(a) any direct or indirect contamination or alteration of the biological, chemical or physical properties of water, including changes in colour, odour, taste, temperature or turbidity; or

(b) any discharge of any gaseous, liquid, solid or other substance into any water resource;

as will, or is likely to, create a nuisance or render the water detrimental, harmful or injurious to, or potentially harmful or injurious to, the health, safety or welfare of any human being, bird, fish or other aquatic ecosystem, livestock, wildlife or the environment;

“recreational fishing” means the catching of fish for amusement or as a sporting activity;

“repealed Act” means the Water Act;

“reserve” in relation to a water resource, means the quantity and quality of water required to—

(a) satisfy basic human needs of all the people who are, or may be, supplied from the water resource; and

(b) protect aquatic ecosystems in order to secure ecologically sustainable development and use of the water resource;

“resource quality” means the quality of all aspects of a water resource including the—

(a) water quality stipulated for the reserve;

(b) quantity, pattern, timing, water level and assurance of environmental flow;

(d) character and condition of the instream and riparian habitat; and

(e) characteristics, condition and distribution of the aquatic life;

“resource quality objectives” means the level to be achieved and maintained in each aspect of the resource quality for the water resource;

“riparian habitat” includes the physical structure and associated areas of a water resource which are commonly characterised by alluvial soils and inundated or flooded to an extent, and with a frequency, sufficient to support vegetation of species with a composition and physical structure distinct from those of adjacent land areas;

“riparian land” means any land on, or along the boundary of the whole or any portion of, which a water resource exists; “shared watercourse” means a water resource that forms, or is bisected by, an international border between Zambia and another State or among States including Zambia;

“sub-catchment council” means a sub-catchment council constituted under section 19;

“subsistence” means that which is necessary for the sustenance of life or any activity undertaken to provide for the needs of a household;

“subsistence fishing” means the catching of fish for sustenance;

“supply of water in bulk” means a supply of water for distribution to the public by, or on behalf of, any person or utility;

“surface water” means all water found on or below the bed of a water resource and includes water in storage works, drainage works or permanent pools;

“sustainable”, in relation to water, means the human use of a water resource so that it may yield the greatest continuous benefit to the present generations while maintaining its potential to meet the needs and aspirations of future generations;

“traditional authority” means a Chief who has been recognised under the Chiefs Act;

“training and research purposes” means the use of water for education, skills training and scientific and technological research;

“use” means an entitlement limited to the beneficial, reasonable and equitable use of water for the purposes and up to the limit prescribed or specified by a permit and includes—

(a) abstraction, obstruction or diversion of water;

(b) storing water;

(d) dewatering of a mine, quarry or any land;

(e) altering the bed, banks, course or characteristics of a water resource; or

(f) any prescribed activity of a kind relating to water;

but does not include a guarantee as to the availability of water;

“utility” means any person who supplies water in bulk;

“Vice-Chairperson” means the person appointed as Vice -Chairperson of the Board under section 11;

“waste water” means water which has been used for domestic, commercial, agricultural, trading, mining or industrial purposes or other purposes and as a result of such uses may or may not cause water pollution when discharged into the aquatic environment;

“water” means water in its natural state, including—

(a) surface water;

(b) water which rises naturally on any land or drains or falls naturally on to any land, even if it does not visibly join any watercourse; or

“Water Board” means the Board established under the repealed Act;

“watercourse” means a system of surface waters and ground waters constituting, by virtue of their physical relationship, a unitary whole and normally flowing into a common terminus;

“water resource” includes water, any river, spring, hot spring, pan, lake, pond, swamp, marsh, stream, watercourse, estuary, aquifer, artesian basin or other body of naturally flowing or standing water;

“Water resource protection area” means a catchment, sub--catchment or geographic area that is declared, by the Minister, as a water resource protection area under section 29;

“water shortage area” means an area declared, by the Minister, under section 50, to be a water shortage area;

“water storage works” includes a dam, reservoir, barrage, weir or any facility for storing water, exceeding the volume prescribed, for periods of time, but does not include a borehole;

“water resources protection area” means a catchment, sub--catchment or geographic area that is declared, by the Minister, as a water resource protection area under section 29;

“water users association” means an association constituted under section 24,

“water works” means—

(a) a canal, channel, embankment, filter, filter bed, pipeline, pumping plant, purification plant, plant for the generation of hydroelectric power or water storage works;

(b) any accessory, apparatus, appliance, fitting, machinery or other thing constructed, erected or used for, or in connection with, the abstraction, control, diversion, drainage, filtration, passage, purification, storage, supply or use of water including effluent or waste water, conservation of rain water or the development of water power; or

(c) any gauge post, measuring weir or other appliance erected or used for undertakings authorised by, or under, this Act; and includes any area around any hydraulic structure or water works, necessary for their use, operation, maintenance and protection; and

3. Vesting of water in President

Subject to this Act and notwithstanding any other law, instrument or document, all water, in its natural state, in Zambia vests in the President and is held by the President on behalf and benefit of the people of Zambia.

4. No ownership of water

Notwithstanding any other law, a person shall not own any water, in its natural state, in Zambia and no property in such water shall be acquired.

5. Water allocation and traditional practices in water resource management

(1) After the commencement of this Act and notwithstanding when any existing entitlement to use water, in its natural state, commenced but subject to the Second Schedule—

(a) no entitlement shall exist to use that water except as provided under this Act; and

(b) allocation of that water for various purposes shall be in accordance with this Act.

(2) The Authority shall ensure that traditional practices as recognised in customary areas and which are beneficial to water resource management are taken into account in the management of water resources.

6. Principles governing water resources management

The management of water resources in Zambia shall be governed by the following principles—

(a) water resources shall be managed in an integrated and sustainable manner;

(b) water is a basic human need and as such domestic and non-commercial needs shall enjoy priority of allocation use;

(d) there shall be equitable access to water;

(e) water resources shall be managed in such a manner as will help combat malaria and other waterborne diseases in order to ensure access to safe water;

(f) water shall be used efficiently, sustainably and beneficially in the public interest;

(g) water has an economic and a social value and this shall be reflected in its use, but all domestic and non-commercial use of water shall not be required to obtain a water permit;

(h) water has an economic value and the cost of facilitating its use has a significant administrative cost element and this shall be reflected in the charges for water permits for the right to use water for economic purposes;

(i) there shall be no private ownership of water and no authorisation for its use shall be in perpetuity;

(j) the State shall be the trustee of the nation’s water resources and shall ensure that water is allocated equitably, protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner, in the public interest while promoting environmental and social values and protecting Zambia’s territorial sovereignty;

(k) there shall be equity between both gender in accessing water resources and, in particular, women shall be empowered and fully participate in issues and decisions relating to the sustainable development of water resources and, specifically, in the use of water;

(l) efforts to create wealth shall be reflected in all decisions made in relation to the use of water;

(m) water resources management and planning shall contribute to the eradication of hunger and poverty and this shall be reflected in all decisions made in relation to the use of water, in particular, the right to use water for domestic and noncommercial purposes shall not be under any permit or attract any charge for its use;

(n) location of a water resource on land shall not itself confer preferential rights to its use;

(o) the basic management unit shall be the catchment in recognition of the unity of the hydrological cycle;

(p) Zambia’s water resources shall be protected, used, developed, conserved, managed and controlled sustainably, beneficially, reasonably and equitably for the needs of the present and future generations; and

(q) the management, development and utilisation of water resources shall take into account climate change adaptation.

PART II
THE WATER RESOURCES MANAGEMENT AUTHORITY

7. Establishment of Water Resources Management Authority

(1) There is hereby established the Water Resources Management Authority which shall be a body corporate with perpetual succession and a common seal capable of suing and of being sued in its corporate name, and with power, subject to this Act, to do all such acts and things as a body corporate may, by law, do or perform.

(2) The First Schedule applies in respect of the Authority and the Board of the Authority.

8. Functions of Authority

(1) The function of the Authority is to promote and adopt a dynamic, gender-sensitive, integrated, interactive, participatory and multi-sectoral approach to water resources management and development that includes human, land, environmental and socio-economic considerations, especially poverty reduction and the elimination of water borne diseases, including malaria.

(2) Without prejudice to the generality of sub-section (1) and subject to this Act, the Authority shall—

(a) identify and protect potential sources of freshwater supply;

(b) conserve, preserve and protect the environment, in particular, wetlands, quarries, dambos, marshlands and headwaters and take into account climate change and the challenges posed by climate change by—

(i) measuring, minimising and managing the impacts of climate change on water resources using effective adaptation approaches;

(ii) being proactive in adapting watershed protection, wetlands and infrastructure programmes;

(iii) developing tools, standards, guidelines and best practices to understand and measure the nature and magnitude of chemical, biological and physical effects of climate change on water resources;

(iv) applying environmental science, technology and information to guide and support proactive climate change planning and management;

(v) ensuring extensive participation in interagency and intra-agency research planning related to climate change; and

(vi) investing in climate change education on water issues and supporting the sharing of information about Government and local responses to water impacts of climate change;

(c) plan for and ensure the sustainable and rational utilisation, management and development of water resources based on community and public needs and priorities, within the framework of national economic developmental policies;

(d) ensure, in collaboration with the Ministries responsible for community development, finance, commerce, agriculture, fisheries and livestock, youth and child development and disaster management and mitigation, that the management and planning of water resources contributes to the eradication of hunger and poverty;

(e) provide access to water resources of acceptable quantity and quality for various purposes;

(f) ensure, in collaboration with the ministries responsible for health and local government, that water resources are managed in such a manner as will help combat malaria and other waterborne diseases;

(g) set standards and guidelines, with relevant appropriate authorities, to be used in undertaking water resources management and developmental activities in a catchment;

(h) in consultation with the institution responsible for national statistics, establish and maintain an information system, which will be accessible by both gender, in accordance with regulations issued by the Minister providing for the content of the system, which shall include relevant hydrological, hydrogeological, meteorological, climatological, water quality, water storage and supply and use data, and relevant information on potentials for the use of water;

(i) publish forecasts, projections and information on water resources;

(j) advise the Minister on matters relating to, and recommend to the Minister policies for, the utilisation, development, management, conservation, preservation and protection of water resources and shared water resources;

(k) research on, and carry out analysis of, the structural linkages between gender relations, poverty, disease, climate change, water use and development;

(l) where the Minister has not constituted a catchment council, perform the functions of a catchment council;

(m) where necessary or expedient, empower any appropriate authority or conservancy authority to carry out any function under this Act and utilise its facilities for the better regulation and management of water resources;

(n) set ambient water quality standards, for each water resource, in consultation with the Environmental Agency and recommend these standards to the Zambia Bureau of Standards;

(o) monitor the resource quality of the water;

(p) provide technical support to catchment councils, and sub--catchment councils and water users associations;

(q) co-ordinate and monitor the activities of catchment councils, and sub-catchment councils and water users associations;

(r) liaise in, and supervise where necessary, and in collaboration with the relevant authority responsible for disaster management and mitigation, the management of any emergency declared under this Act;

(s) approve catchment management plans and sub-catchment management plans;

(t) maintain hydrological equipment for all catchment areas;

(u) ensure that the right to use water for domestic and non-commercial purposes does not attract any charge; and

(v) address the impact of malaria, HIV and AIDS and other diseases on, or in, the water sector.

9. Powers of Authority

The Authority, in accordance with this Act, may—

(a) exercise control over all water resources in Zambia;

(b) plan, review and approve management plans in a catchment or sub-catchment, including inter-catchment and intra-catchment diversions;

(c) issue equitable and reasonable water entitlements and allocate water equitably and reasonably for various purposes stipulated under this Act;

(d) grant water permits and licenses for the right to use water for various purposes under this Act, except for the right to use water for domestic and non-commercial purposes;

(e) carry out advocacy programmes, in liaison with the ministries responsible for health, community development and social welfare and local government, with respect to waterborne diseases in communities; and

(f) enforce and implement this Act.

10. Relations with appropriate and conservancy authorities

The Authority shall liaise, consult, collaborate and cooperate with all the relevant appropriate authorities and conservancy authorities in the management, development and use of water resources and may, for such purposes, have joint programmes, plans, strategies and policies, taking into account national decentralisation policies with respect to water.

11. Constitution of Board

(1) There is hereby constituted a Board for the Authority which shall consist of —

(a) four persons with expertise in any of the following—

(i) environmental management;

(ii) hydropower;

(iii) engineering; and

(iv) commerce and industry;

(b) one person each from the following groups—

(i) farmers;

(ii) traditional authorities; and

(iii) consumers;

(d) one representative each of the Ministries responsible for water resources, local government, agriculture and the environment;

(e) the Commissioner of Lands; and

(f) one other person.

(2) The Minister shall appoint the members of the Board.

(3) The Minister shall appoint the Chairperson and Vice -Chairperson of the Board from amongst the members referred to in sub-section (1), except that a public officer shall not be appointed Chairperson.

(4) A person shall not be appointed as a member of the Board if that person—

(a) is not a citizen of Zambia;

(b) is an undischarged bankrupt;

(d) has been convicted of an offence involving fraud or dishonesty; or

(e) has been convicted of an offence under any other written law and sentenced to a term of imprisonment of not less than six months without the option of a fine.

12. Committees of Board

(1) The Board may, for the purposes of performing the functions of the Authority, establish such committees as it considers necessary and delegate to any of those committees any of the functions of the Authority.

(2) The Board may appoint, as members of a committee, persons who are or are not members of the Board, except that at least one member of the Board shall be a member of a committee.

(3) A person serving as a member of a committee shall hold office for such period as the Board may determine.

(4) Subject to any specific or general direction of the Board, a committee may regulate its own procedure.

13. Exercise of functions of Authority

(1) Except as otherwise provided under this Act, the Board shall exercise the functions and powers of the Authority relating to or connected with—

(a) policy matters;

(b) the grant, varying, cancellation and renewal of permits and licenses;

(d) the making of recommendations to the Minister for amendments to this Act or the issue of rules or regulations under this Act.

(2) The Board shall carry out such other functions specifically assigned to the Board under this Act.

14. Delegation of functions and directions

(1) The Board may, subject to any conditions imposed, and guidelines issued, by the Board, delegate any of its functions to the Director-General, and shall, in particular, delegate its power to grant, vary, cancel or renew permits or licenses, except that the Board shall not delegate its powers and functions specified under paragraphs (a), (c) and (d) of sub-section (1) of section 13.

(2) Subject to this Act, the Board may, on the recommendation of the Director-General, by directions in writing and subject to any terms and conditions as it considers necessary, delegate to a catchment council, a sub-catchment council or water users association any of the functions of the Authority as it considers necessary for the efficient management of water resources at the local level.

(3) A catchment council, sub-catchment council and water users association shall perform such functions of the Authority as are specifically stipulated for such bodies under this Act.

(4) The Minister may give to the Board general or specific directions, relating to the discharge of the functions of the Authority and the Board shall give effect to those directions.

15. Director-General

(1) The Board shall appoint, on such terms and conditions as the Board may determine, a Director-General who shall be the chief executive officer of the Authority.

(2) The Director-General shall be responsible under the general directions of the Board for—

(a) the management and administration of the affairs of the Authority;

(b) the implementation of the decisions of the Board; and

(3) Except as otherwise provided under this Act, the Director-General shall exercise the general functions and powers of the Authority relating to, and connected with, the general management and development of water resources and shall, where the Board has delegated to the Director-General the power to grant, vary, cancel or renew permits and licenses, do so in accordance with—

(a) conditions specified in this Act;

(b) regulations issued under this Act;

(d) any directions, in writing, not inconsistent with this Act, given by the Board.

(4) The Director-General shall attend meetings of the Board and may address those meetings but shall not vote on any matter.

16. Secretary, inspectors and other staff of Authority

(1) There shall be a Secretary for the Authority who shall be appointed by the Board on such terms and conditions as the Board may determine.

(2) The Secretary shall, under the general supervision of the Director-General, carry out corporate secretarial duties for the Board and perform such other functions as may be assigned to the Secretary by the Director-General.

(3) The Director-General may appoint, on such terms and conditions as the Board may determine, inspectors, water officers and such other staff considered necessary for the performance of the functions of the Authority.

PART III
CATCHMENT COUNCILS, SUB-CATCHMENT COUNCILS AND WATER USERS ASSOCIATIONS

17. Constitution of catchment council

(1) The Minister may, on the recommendation of the Authority, by statutory instrument, constitute a catchment council for a catchment.

(2) A catchment council shall be composed of the following members—

(a) not more than three representatives from the provincial administration situated in the catchment nominated by the Permanent Secretaries responsible for the provinces in which a catchment council is situated; and

(b) not more than nine other stakeholders representing, as far as is possible, the users of water in the catchment, nominated by the users of water or, where there is a water users association, by the association, appropriate authorities and conservancy authorities operating in the catchment, in accordance with prescribed criteria.

(3) The Minister shall appoint the members of a catchment council in accordance with the prescribed criteria, except that the Minister shall ensure that, when making the appointments to the catchment council, the persons nominated represent, as far as is possible, all the sub-catchments in the catchment.

(4) In the exercise of the power under sub-section (1), the Minister shall prescribe—

(a) the procedure to be followed at the meetings of, or by, a catchment council in the discharge of its functions; and

(b) the remuneration, if any, and allowances payable to members of a catchment council from funds allocated for that purpose by the Authority to meet the reasonable expenses incurred by the members and staff of a catchment council in connection with the business of the catchment council.

18. Functions of catchment council

(1) Subject to this Act, a catchment council shall, for the purposes of the water resources in that catchment—

(a) recommend to the Director-General the decisions of a sub-catchment council on the issue of permits and licenses in the sub-catchment council, as may be prescribed;

(b) regulate and supervise the use of water;

(d) consolidate data forwarded to it by a sub-catchment council or any other person;

(e) in conjunction with the Authority, prepare, and periodically update, catchment management plans for its catchment in accordance with this Act;

(f) harmonise sub-catchment management plans and local management plans with catchment management plans and facilitate implementation of these plans;

(g) prepare catchment reports and regularly report to the Authority on catchment matters;

(h) supervise and coordinate activities of sub-catchment councils and provide technical support to sub-catchment councils and water users associations, where necessary;

(i) carry out hydro-geological and hydro geological services, including water quantity and quality and monitoring and assessment of water resources and climate change;

(j) take appropriate action in emergency situations related to water as may be prescribed;

(k) carry out public awareness campaigns for, and inform the public on, water resources and environmental management and climate change in cooperation with sub-catchment councils;

(l) promote gender mainstreaming in the decision-making processes relating to the use of water;

(m) recommend, to the Director-General, disciplinary and other measures to be taken in respect of any member of a catchment council, sub-catchment council or water users association or any officer of the Authority working with those institutions;

(n) undertake catchment protection and resource quality monitoring and evaluation;

(o) propose catchment management strategies to the Authority;

(p) monitor implementation of international and regional agreements at catchment level;

(q) perform the functions of a sub-catchment council where none exists;

(r) collect revenue through charges for the use of water and transmit these to the Authority;

(s) ensure compliance with this Act; and

(t) perform any other function conferred or imposed upon a catchment council by, or under, this Act.

(2) For the better exercise of its functions, a Catchment Council may delegate to a catchment manager, with or without conditions, such of its functions as it considers necessary, except that—

(a) the delegation shall not prevent the catchment council from exercising the functions concerned where the catchment council has not already exercised, or is not in the process of exercising, a particular function; and

(b) the catchment council may, in any matter dealt with by the catchment manager, after hearing all the parties concerned and on giving due consideration to the matter, amend or withdraw any decision of the catchment manager made in the exercise of a delegated function.

19. Constitution of sub--catchment council

(1) The Minister may, on the recommendation of the Authority, by Statutory Instrument, constitute a sub-catchment council.

(2) A sub-catchment council shall be composed of the following members—

(a) a representative from, and nominated by, each of the local authorities in the sub-catchment, nominated by a local authority;

(b) not more than two persons representing the traditional authorities in the sub-catchment nominated by those traditional authorities; and

(c) not more than nine other stakeholders representing, as far as is possible, the users of water in the sub-catchment nominated by the users of water, or, where there is a water users association, by the association, appropriate authorities and conservancy authorities in the sub--catchment, in accordance with prescribed criteria.

(3) The Minister shall appoint the members of a sub-catchment council in accordance with the prescribed criteria.

(4) In the exercise of the power specified under sub-section (1), the Minister shall prescribe—

(a) the procedure to be followed at meetings of, or by, a sub--catchment council in the discharge of its functions; and

(b) the remuneration, if any, and allowances payable to members of a sub-catchment council from funds allocated for that purpose by the Authority to meet the reasonable expenses incurred by the members and staff of the sub-catchment council in connection with the business of the sub-catchment council.

(5) The Minister may, by statutory instrument, on the recommendation of the Authority, upon hearing any representations made by a sub-catchment council—

(a) abolish a sub-catchment council;

(b) alter the area for which a sub-catchment council was constituted; or

20. Functions of sub-catchment council

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

{{{_source.title}}} {{#_source.showPrice}} {{{_source.displayPrice}}} {{/_source.showPrice}}