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.

PART I PRELIMINARY

Short title and commencement

1. This Act may be cited as the Water Act 1998, and shall come into force on such date as the Minister may by notice in the Gazette, determine.

Interpretation

2. In this Act, unless the context otherwise provides- "aquatic environment" means the components of the earth related to , living in or located in or the beds of the shores of a body of water, including but not limited to- (a) all organic or inorganic substances; (b) living organisms and their habitats including fish ; (c) habitats and their interacting natural system.

"Authority" means the National Water Authority established by Section 3 of this Act;

"basin" means the area drained by the watershed of the five (5) major rivers, namely 1. Komati, 2. Lomati (Mlumati), 3. Usuthu (Lusutfu), 4. Umbeluzi (Imbuluzi) and 5. Ngwavuma.

"Board" means (a) the Water Apportionment Board established in terms of Section 20; or (b) after a River Basin Authority has been established, that River Basin Authority;

"borehole" means a hole dug or drilled into the ground for the purpose of withdrawing water from underneath the surface of the earth;

"dam" means an artificial obstruction in a watercourse built to store or divert water flowing in that watercourse;

"Director" means the Head of the Department of Water Affairs;

"divert" means to take water from a watercourse and includes to cause water to leave the channel of a water course and to make a change in or about a channel that permits all or some of the water to leave the existing channel;

"effluent" means a waste in liquid form or in suspension in a liquid or in emulsion;

"effluent control permit" means a permit issued by the Board as described in Section 62 of the Act;

"ground water" means water below the surface of the ground which does not flow in a known or defined channel;

"industry" means an individual, or corporate body which uses water for industrial use;

"industrial use" means (a) the use of water by an individual or corporation for any industrial, commercial, manufacturing, mining or processing purpose; (b) any other use which will or may alter the chemical, physical or biological quality of the water or surrounding ecosystem;

"Inspector" means a person designated by the Director as inspector;

"irrigation district" means a body incorporated under Section 73;

"local authority" means a town council or town board, city council, district council, chief council or other local institution of a similar nature which is constituted in accordance with any law and which has the legal power required to safeguard the health of the inhabitants of the area under its jurisdiction, and to supply water to the inhabitants of the area under its jurisdiction and includes the Rural Water Supply Branch and the Swaziland Water Services Corporation;

"Minister" means the Minister responsible for Water Affairs;

"permit" means a permit issued by the Board under this Act;

"person" includes an individual or group of individuals, a partnership, association, a body incorporated by or under a statute and an un-incorporated board or commission established by or under the provisions of a statute.

"Plan" means the Water Resources Master Plan referred to in Section 10;

"pollution" means the presence in the environment of substances or contaminants, or change in the physical or chemical or biological parameters which substantially alter or impair the usefulness of the environment or are harmful to human or other living things;

" proprietor" means -

(a) any person who is registered in the deeds office as the owner or holder of a concession conveying a land right;

(b) any person who is registered in the deeds office as the holder of any lease or other document by virtue of which a person referred to in paragraph (a) has disposed of any concession mentioned in that paragraph, either in whole or in part; (c) any person who is the owner or holder of a land right; (d) the liquidator of a company which is a proprietor or the legal representative of any person referred to in paragraph (a) or (b); (e) a legal representative of a person who has died or is a minor or is of unsound mind;

"repealed Act" means the Water Act, 1967;

"River Basin Authority" means an authority established by the Minister under Section 33; "servitude" means a right owned by a permit holder to occupy and use such part of the land belonging to another person for such purposes in connection with the enjoyment of the rights under the permit as the agreement or authority granting the servitude may describe or this Act may imply;

"task force" means a group of persons convened by the Authority to investigate or advise the Authority on any specific matter or matters related to the development or use of water resources;

"use for primary purpose" means the use of water for domestic requirements, sanitation, the watering of animals not exceeding 30 head of cattle or the irrigation of land not exceeding one-quarter hectare adjoining and occupied with a homestead of not more than 10 persons but does not include the use of water by a local authority for distribution to the inhabitants of the area;

"water course" means a natural or artificial water channel or sources of water supply, whether artificially improved or altered or not, and whether usually containing water or not, and includes a lake, pond, river, stream, spring, or water flowing in a known or defined channel underground but does not include groundwater;

"water sport" means an area which or part of which is from time to time a Control Area likely to be submerged by water whether naturally or artificially, and where such water is or would be suitable for the practice of any water sport by the public and to which the public has a right of access;

"work" means anything capable of or used in connection with diverting, storing, measuring, conserving, conveying, retarding, confining, or using water or with collecting, conveying, measuring, treating or disposing of sewage or liquid wastes, and includes access roads to any of them, and includes the removal of obstructions from the banks or beds of a watercourse.