The Water Bill, 2001
This is a draft Water Bill and is is a working document and not a formal document. As such it should not be interpreted as the policy of the Government of Swaziland until it has been finally agreed and adopted by Cabinet and His Majesty as national legislation.
MEMORANDUM OF OBJECTS AND REASONS
The objects of this Bill are to -
(a) declare water in Swaziland to be a national resource to facilitate fair distribution of water;
(b) provide for the establishment of a National Water Authority which shall ensure co-ordination and policy development relating to water;
(c) provide for the establishment of the Department of Water Affairs so as to eliminate duplication of water sector activities and will assist in enhancing the capability of professionals in the sector;
(d) facilitate the establishment of River Basin Authorities which shall effectively take over the functions of the Water Apportionment Board within five years. This will help in enhancing public (stake holder) involvement in water resources management, including the private sector as a partner in development;
(e) provide for the development of a National Water Master Plan which will provide a framework for water resources development;
(f) provide for the development of appropriate policies on water allocation, water pricing, pollution control and water conservation (storage), and catchment management; and
(g) repeal and replace the Water Act, 1967.
MARTIN DWAMENA
ACTING ATTORNEY GENERAL
Arrangement of Sections
1. Short title and commencement
2. Interpretations
PART II - NATIONAL WATER AUTHORITY
3. Establishment of the National Water Authority
4. Constitution of the Authority
5. Period of office and remuneration of members of Authority
6. Chairperson and Acting Chairperson and Secretary
7. Disqualification, termination of membership and filling of vacancies
8. Function of the Authority
9. Designation of flood risk areas
10. Water Resources Master Plan
11. Powers of the Authority
12. Meeting of the Authority
13. Quorum, majority decision and chairman's casting vote
14. Committees of the Authority
15. Budget and reports
16. By-Laws
17. Director
18. Department of Water Affairs
PART III - INTERNATIONAL WATER BODIES
19. International water bodies
PART IV - WATER APPORTIONMENT BOARD
20. Establishment of the Water Apportionment Board
21. Constitution of the Board
22. Chairperson and vice chairperson
23. Disqualification, termination of membership and filling of vacancies
24. Meeting of the Board
25. Quorum, majority decision and chairman's casting vote
26. Committees of the Board
27. Administrative and other work of the Board
28. Powers of the Board
29. Establishment and keeping of registers
30. Inquiries by the Board and hearing of applications for servitudes
31. Annual Report
32. Appeals from decisions of the Board
33. River Basin Authorities
PART V - PERMIT FOR THE USE OF WATER
34. The right in water
35. Application for a permit
36. Objections to application
37. Board's powers with respect to an application
38. Emergencies
39. Drought conditions
40. Change in flows
41. Cancellation
42. Compensation in the event of cancellation
43. Transfer of permit
44. Duties of the permit holder
45. Water course used for Swazi Law and custom
46. Borehole drilling permit
47. Completion or abandonment of borehole drilling
48. Permit for ground water abstraction
49. Abandonment of a borehole
50. Abstraction permit for existing borehole or well
51. Interdependency of the permit
52. Exclusion for Swazi Nation Lands
53. Acquisition of servitude
54. Power of entry upon land and mode of acquiring servitude
55. Rights confessed by servitude
56. Use by servient proprietor
57. Crossing roads, etc.
58. Application for servitude
59. Claims of misuse
60. Person acquiring servitude to construct access bridges, etc.
61. Servitude over Swazi Nation Land
PART VIII - CONTROL OF POLLUTION
62. Effluent control permit
63. Interdependence with a permit
64. Application for an effluent control permit
65. Powers of the Board
66. Cancellation of an effluent control permit
67. Suspension of an effluent control permit
68. Special powers of the Minister
69. Transfer of effluent control permit
70. Exemptions under repealed Act
71. Establishment of water sport
72. Regulations in respect of water sport control areas
PART X - IRRIGATION DISTRICTS AND WATER USERS ASSOCIATIONS
73. Establishment of irrigation districts
74. Irrigation district to be a body corporate
75. Functions of an Irrigation District
76. Water users association
77. Delegation of powers by the Board
78. Cost of water users association
79. Establishment of Project Boards
80. Special provisions relating to the and Great Usuthu (Lusutfu) and Little Usuthu (Lusutshwana) Rivers
81. Alteration of water course
82. Re-establishing original channel
83. Temporary permit
84. Recording of permits on title deed land
85. Collection of fees and charges
86. Powers of Inspectors
87. Liability for damage
88. Right of entry into land
89. Service of notices and documents
90. Offences and penalties
91. Award of damages in criminal proceedings
92. Evidence
93. Transitional provision
94. Power to make regulations
95. Repeal
This page was last updated on 03 February 2004