LEX-FAOC034181

This Act establishes a regulatory and administrative framework for the management, development, conservation, protection and preservation of the water resource in Zambia and provides with respect to water rights and the equitable and sustainable use of water resources and related matters. The Act divided into 16 Parts: Preliminary (I); The Water Resources Management Authority (II); Catchment Councils, Sub-Catchment Councils and Water Users Associations (III); Water Resources Planning (IV); Water Quantity And Quality Management (V); Water Shortage Areas (VI); Management of Shared Water Courses and Water Resources (VII); Water Use (VIII); Permits for Water Use (IX); Licensing of Constructors and Drillers (X); Ground Water and Boreholes (XI); Water Works (XII); Easements (XIII); Emergency Situations (XIV); Water Use Charges, Fees and Water Development Trust Fund (XV); Enforcement and General Provisions (XVI). Part I sets out principles of water management and provides that (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. The Water Resources Management Authority is established as a body corporate and shall have policy, advisory, monitoring and supervisory functions as defined. The Authority shall be governed by a Board. The Act also establishes a Water Development Trust Fund which shall be managed by trustees. The Minister shall, by Statutory Instrument, designate the six catchments of Zambia and may, on the recommendation of the Authority, constitute a catchment council for a catchment and a water users association for any area of a catchment. The Board may declare a water resource protection area within a catchment or sub-catchment. The Authority shall, following public consultation, formulate a national water resources strategy and plan for the management, use, development, conservation, preservation, protection, control and regulation of water resources and shall put in place an integrated national management, monitoring and information system on water resources. Part V concerns, among other things, the flow of water, the level or volume of a water resource, water pollution, water conservation zones, establishment and maintenance of water quality standards, resource quality monitoring, and resource quality objectives. Part VI, among other things, defines powers of the Authority in areas declared by the Minister as Water Shortage Areas. It also concerns water abstraction, boreholing and well-sinking and international cooperation on shared water resources. The Minister may establish national mechanisms for dispute resolution regarding shared water resources. The President may, by Statutory Order, on the recommendation of the Board, acquire any land, in accordance with the Lands Acquisition Act, for the purposes of, or in connection with, the carrying out of the functions of the Authority under this Act.