LEX-FAOC151469

This Act provides for the management and conservation of water resources in Malawi. It consists of 162 sections divided into 15 Parts: Preliminary Provisions (I) ; National Water Resources Authority (II); Catchment Management Committees (III); National Water Policy and National Water Resources Master Plan (IV); Water Abstraction and Use (V); Control And Protection of Groundwater (VI) ; Protected Areas and Controlled Activities (VII); Prevention And Control of Water Pollution (VIII); Government Waterworks (IX); Safety of Dams and Flood Management (X); Water Charges and Financial Provisions (XI); Water Tribunal (XII); Part Associations of Water Users (XIII); Miscellaneous Provisions (XIV); Repeals, Savings and Transitional Provisions (XV). The objectives of the Act are - (a) to promote the rational management and use of the water resources of Malawi through - (i) the progressive introduction and application of appropriate standards and techniques for the investigation, use, control, protection, management and administration of water resources; (ii) the regulation of all public and private activities which may influence the quality, quantity, distribution, use or management of water resources; (iii) the coordination, allocation and delegation of responsibilities among Ministers and public authorities for the investigation, use, control, protection, management or administration of water resources; (b) to allow for the orderly development and use of water resources for all purposes including domestic use, the watering of stock, irrigation and agriculture, industrial, commercial and mining uses, the generation of hydroelectric or geothermal energy, navigation, fishing, preservation of flora and fauna and recreation in ways which minimize harmful effects to the environment; and (c) to control pollution and to promote the safe storage, treatment, discharge and disposal of waste and effluents which may pollute water or otherwise harm the environment and human health. The Act provides for the establishment of the National Water Resources Authority and the Water Tribunal. The Minister shall, in accordance with this Act have, and may, exercise control over every water resource. The authority shall be a body corporate and shall, among other things- develop principles, guidelines and procedures for the allocation of water resources; (b) monitor, and from time to time reassess, the National Water Policy and the National Water Resources Master Plan; (c) determine applications for permits for water use; (d) regulate and protect water resources quality from adverse impacts; (e) manage and protect water catchments; (e) advise the Minister concerning any matter in connection with water resources. An association of water users may be established for the following purposes - (a) to manage, distribute and conserve water from a source used jointly by the members of the association; (b) to manage groundwater resources in a Groundwater Conservation Area established under Part VI; (c) to acquire and operate an abstraction licence or a discharge permit under this Act; (d) to resolve conflicts between members of the association related to the joint use of a water resource; (e) to collect water user charges and fees on behalf of the Authority; and (f) to represent the special interests and values arising from water used for a public purpose, such as in an environmental or conservation area. The Act is completed by a Schedule setting out model constitution of an association of water users.