LEX-FAOC102176

This Act provides for the management and conservation of all water resources of Namibia including the whole or any part of a watercourse or an aquifer, the sea and meteoric water. The objects of this Act are to ensure that the water resources of Namibia are managed, developed, used, conserved and protected in a manner consistent with, or conducive to, the fundamental principles set out in section 3.; The Act consists of 134 sections divided into 22 Parts; Preliminary provisions (1); Functions of Minister (2); Water Advisory Council (3); Water regulator and water pricing policy (4); Basin Management Committees (5); Internationally shared water resources (6); Management of rural water supply (7); Integrated water resources management plan (8); Water supply, abstraction and use (9); Water services providers (10); Licence to abstract and use water (11); Control and protection of groundwater (12); Water pollution control (13); Water protection areas (14); Water related emergency or pollution threats (15); Water services plans and efficient water management practices (16); Dams, dam safety and flood management (17); Control of activities affecting wetlands, water resources and the resource quality (18); Water services provided by state (19); Servitudes (20); Water tribunal and appeals (21); General provisions (22).; To achieve the objects of this Act, the Minister shall have the powers and functions set out in section 5. Powers may be delegated to, amongst others, the Water Regulator and basin management committees. A Water Advisory Council is established to advise the Minister and a Water Regulator is established to perform the functions assigned to the Water Regulator by this Act. The Minister may recognise a group of representatives and persons as a basin management committee, the functions of which are set out in sction 23. The Act also defines the functions of the Minister in relation to the joint management of internationally shared water resources. The Water Tribunal is established to hear and decide appeals in matters referred to in section 120.; The Minister may make provision for the establishment and accreditation of water point committees and local water committees, which are to be entrusted with the responsibility of managing and controlling the supply of water at any rural State waterwork. The Act requires the Minister to prepare an Integrated Water Resources Management Plan, the scope of which is defined by section 32.; Water service providing and water abstraction shall be licensed by the Minister. A local authority and other water services providers or any other authority, body or person that controls or supplies water, is responsible to provide, manage and operate systems for the conveyance, treatment and disposal of wastewater produced in its area of operation. The Act provides for licences discharge effluent or construct or operate wastewater treatment facility or waste disposal site. For the protection of water resources and the environment from pollution, the Minister may prescribe standards and other measures listed in section 76. Water resource, riverine habitat, watershed, ecosystem or other environmental resource that is at risk of significant changes to resource quality, depletion, contamination, extinction or disturbance from any source, including aquatic or terrestrial weeds may be declared a water protection area. Section 101 provides for the control of use of wetland resources and other measures to protect the ecosystem.; The Act further provides for a wide variety of ancilliary matters including expropriation, emergency powers, acquisition of servitudes, compensation order for damage arising from commission of offence and regulation-making powers.