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.

CONTENTS | PART I - PRELIMINARY | PART II - NATIONAL WATER AUTHORITY | PART III - INTERNATIONAL WATER BODIES | PART IV - WATER APPORTIONMENT BOARD | PART V - PERMIT FOR THE USE OF WATER | PART VI - GROUND WATER | PART VII - SERVITUDE | PART VIII - CONTROL OF POLLUTION | PART IX - WATER SPORT CONTROL | PART X - IRRIGATION DISTRICTS AND WATER USERS ASSOCIATIONS | PART XI - PROJECT BOARDS | PART XII - MISCELLANEOUS

PART VI GROUNDWATER

Borehole drilling permit

46. (1) A person shall drill or sink a borehole or well on any land or expand an existing drilled or bored well without having applied for and obtained a drilling permit from the Board.

(2) Subject to Section 54, in an application for a drilling permit under subsection (1), the applicant shall supply the Board with the following information:

(a) the exact location of the intended borehole site;

(b) the estimated duration of completion of the works;

(c) the methods of borehole surface completion and the estimated depth of the well.

(d) reason for the borehole or expansion of the well.

(3) Notwithstanding subsection (2), a person may not apply for a drilling permit unless-

(a) the applicant holds the necessary drilling qualifications;

(b) the applicant is a registered company in Swaziland whose memorandum and articles of association relate to water works and in particular borehole drilling;

(c) the applicant possesses sufficient working capital to ensure the development and carrying out of the drilling operation.

(4) Every person who applies for a borehole drilling permit under this Act shall comply with the regulations with respect to filing the application , giving notice of such application and paying the prescribed application fee, if any.

(5) In considering an application for a drilling permit, the Board shall have regard to the following matters:

(a) the qualifications of the applicant and the ability to ensure that the drilling works is carried out optimally and safely;

(b) the suitability of the location cited for drilling;

(c) the manner and scale in which the applicant intends to drill;

(d) the methods of any pump test to be undertaken;

(e) the manner in which the applicant intends to rehabilitate disturbance on the surface which may be caused by the drilling;

(f) the potential environmental impact;

(g) the potential effect on other permit holders and users of groundwater in the area.

(h) the reasons for the application.

(6) When issuing a drilling permit, the Board may impose terms and conditions including -

(a) the tests to be done to determine long term yield and aquifer characteristics and other related tests;

(b) water quality tests and reports which must be prepared;

(c) limiting the space between the wells;

(d) prescribing the records to be maintained by the driller and submitted to the Board.

Completion or abandonment of borehole drilling

47. The driller of any borehole or well shall within ten days of the completion or abandonment of the drilling works, notify the Board in writing and send a completed copy of the record as required in terms of Section 46 (6) together with the following -

(a) the log of the lithology and depth of the geological formations drilled through;

(b) the depth of the borehole or well;

(c) levels at which water is struck and subsequently tests.

Permit for groundwater abstraction

48. (1) A person shall abstract groundwater without a permit having been applied for and obtained from the Board.

(2) A permit for abstracting water may contain such terms and conditions as the Board considers proper.

(3) Without limiting the general discretion of the Board as set out in subsection (2), a permit may contain provisions:

(a) limiting the amount of water to be abstracted;

(b) limiting the rate of abstraction;

(c) Prescribing the use or uses or the place of use to which or on which the permit may be used;

(d) limiting the times of year or the times of day during which water may be abstracted.

Abandonment of a borehole

49. If a permit holder no longer intends to use a borehole or well for abstraction of groundwater, the permit holder shall advise the Board and take such measures as prescribed by regulation to securely close the borehole or well and prevent pollution of groundwater sources.

Abstraction permit for existing borehole or well

50. (1) Everyone who owns or controls a borehole or well shall, within six months of the date of the commencement of this Act or such other period as the Board may allow, supply the Board with all relevant information on all boreholes or wells drilled before the commencement of this Act.

(2) A person who is the owner of a borehole or well and who uses that borehole or well shall, within two years of this Act coming into force or within such longer period as the Minister may by notice in the Gazette allow, apply to the Board for an abstraction permit in terms of Section 48. . (3) When an abstraction permit has been issued, a person referred to in subsection (2) shall not use the borehole or well except in accordance with the terms and conditions of that permit.

Interdependency of the permits

51. The Board shall not issue a borehole drilling permit unless the application for that permit is accompanied by a groundwater abstraction permit under Section 48.