The Act makes provision for the management and conservation of water resources, including groundwater, in Swaziland, for the grant of water rights, for the establishment of institutions, Water User Associations and Irrigation Districts, the control of pollution, and various other matters relating to water. The Act consists of 95 sections divided into 12 Parts: Preliminary (I); National Water Authority (II); International water bodies (III); Water Apportionment Board IV); Permit for the use of water (V); Ground water (VI); Servitude (VII); Control of pollution (VIII); Water sport control access (IX); Irrigation Districts and Water Users Associations (X); Project Boards (XI); Miscellaneous (XII). The National Water Authority is established under section 3 as a body corporate. The Authority shall consist of up-to fifteen members to be appointed by the Minister in accordance with section 4. The Authority shall prepare, adopt, and subsequently update, the Water Resources Master Plan as defined in section 10, coordinate the work of different boards, water sector agencies and international water commissions, hear appeals from the Board, as provided in Section 32, advise the Minister on a wide variety of issues and carry out other functions defined in section 8. The Authority shall advise the Minister on the designation of flood areas in accordance with section 9. The Water Resources Master Plan shall contain an inventory of the total water resources of Swaziland and a comprehensive program of action. Section 10 sets out principles and objectives of the Plan. There shall a Director of Water Affairs in the Ministry of Natural Resources and Energy (sect. 17) and Department of Water Affairs (sect. 18). Section 19, only article of Part III, concerns the recognition of international water bodies such as the Joint Water Commission and Komati Basin Water Authority established by the Governments of Swaziland and the Republic of South Africa. There is established the Water Apportionment Board under section 20. The Board shall dissolve after the last of the five basin authorities will be established in accordance with section 33. The Board shall be responsible for granting of various water permits under Part V of this Act (sect. 28). The Board shall establish and maintain registers of all permits issued by it under this Act. Section 34 declares that all water found naturally in Swaziland is a national resource and defines rights in water in general. It shall not be necessary for any person or community to obtain a permit for the use of water for primary purposes. Use of water may be restricted by laws issued by the lawful authority or for purposes of custom (sect. 45). A person shall not 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 (sect. 46). Part VIII concerns the control of the discharge of effluent water. The Minister may from time to time upon the recommendation of the Authority establish Irrigation Districts by notice in the Gazette (sect. 72). The District may, on petition of a qualified majority of water users in the District, become a body corporate. An Irrigation District shall exercise control over the operation and maintenance of works in the district and the distribution of permitted volumes of water in accordance with permits. Section 76 concerns the formation of Water User Associations. The Board may delegate by notice in writing to any water user association such powers of the Board as it deems appropriate. The Minister may establish Project Boards for the management of new projects (sect. 79). Section 82 of Part XII concerns alteration of watercourses, section 84 the annotation of water rights of land deeds, section 86 defines powers of inspectors, section 90 prescribes offences and penalties.
Water Act 2003 (No. 7 of 2003).