A PROCLAMATION TO PROVIDE FOR THE UTILIZATION OF WATER RESOURCES (PROCLAMATION NO. 92/1994)

3. Water Uses Requiring Permits

1.         A permit issued by the Appropriate Authority shall be required to use water resources for the following purposes:

a)         irrigated agriculture;

b)         commercial animal raring;

c)         commercial fishery resources development;

d)         industry and aero-industry;

e)         mining;

f)         municipal and urban water supply;

g)         hydro-electric power generation;

h)         recreation and tourism;

i)          water transport;

j)          any use requiring construction of water works.

2.         Notwithstanding the provisions of sub-Article (1) of this Article, no permit shall be required for use of water by peasants, artisanal miners, traditional fishermen and persons rendering traditional water transport services.

4. Application for a permit

1.         An application to be submitted to the Appropriate Authority for a water use permit shall contain the following information:

a)         name and address of the applicant;

b)         the intended use of the water resources;

c)         location of the water resources and the intended place of use;

d)         the intended method and manner of use of the water resources;

e)         the volume of water required monthly and annually;

f)         where appropriate, investment certificate and other information required by the Appropriate Authority.

2.         Where reasonably required by the Appropriate Authority, maps, plans and designs shall be submitted together with the application mentioned in sub-Article (1) of this Article.

5. Issuance of Permit

1.         The Appropriate Authority shall issue the requested permit within 60 days, where it is satisfied that the intended use of the water:

a)         is not detrimental to the interests of other water users but without prejudice to the provisions of Article 7(3) of this Proclamation; and

b)         does not entail harmful effects on or pollution of the water resources and the environment.

2.         Where the Appropriate Authority rejects the application, it shall notify the applicant, in writing, within the time limit specified in sub-Article (1) of this Article, stating the reason thereof.

6. Duration and Renewal of Permit

1.         The Appropriate Authority shall, at the time of issuing a permit, determine the duration of the permit taking into account the nature of the project.

2.         The holder of a permit may apply for renewal of the permit six months prior to its expiry date.

3.         The Appropriate Authority shall renew the permit for such period as it may determine, where it finds that the holder has fulfilled his obligation under the permit and the conditions laid down under Article 5(1) of this proclamation.

4.         Where an application or renewal of permit is rejected, the Appropriate Authority shall notify, in writing, the permit holder in the manner prescribed under Article 5(c) of this proclamation.

7. Amendment and transfer of Permit

1.         The permit holder may apply for the amendment of the permit in order to decrease or increase the volume of water  permitted or to use the water for other purposes.

2.         Upon receipt of an application under sub-Article (1) of this Article, the Appropriate Authority shall decide on the application on the basis of the provisions of Article 5(1) of this proclamation.

3.         The Appropriate Authority may, on its own initiative, amend a water use permit where a re-adjustment of allocation of water becomes necessary due to changes in environmental conditions, increase in the demand for water uses or due to any other satisfactory ground; provide, however, that the permit holder shall be compensated for damages resulting from the amendment except where the amendment is caused by changes in environmental conditions.

4.         A water use permit may be transferred to another person upon the approval of the appropriate authority.

8. Suspension and Revocation of Permit

The Appropriate Authority may suspend or revoke water use permit on any one of the following grounds:

1.         failure to observe obligations arising from the permit;

2.         wasteful use of water or misuse in any other manner;

3.         failure to comply with directives issued for the protection of public health, the environment and water quality control;

4.         failure to commence utilizing the allocated water for four months without good cause;

5.         submission of false or misleading information relating to the permit;

6.         transfer of the permit to another person without the permission of the Appropriate Authority;

7.         voluntary surrender of the permit by the holder.

9. Obligations of Permit Holders

Any permit holder has the obligation:

1.         to use the water only for the authorized purpose;

2.         to pay water charges on time;

3.         to take due care, in accordance with the relevant directives, so that the water works constructed by him cause no harm to persons or property;

4.         to take the necessary care, in accordance with the relevant directives, so that effluent discharged or flowing from the project cause no harm to persons or property or pollution to the environment.

5.         to submit on time information required by the Appropriate Authority;

6.         to observe laws, regulations and directives relating to water resources.

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