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Water Act (Chapter 34:01).

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source


Abstract
The Act makes provision for the establishment of the Water Apportionment Board and makes provisions concerning rights in respect of water and related matters.
The Act consists of 37 sections divided into 8 Parts: Preliminary (I); Ownership of and inherent right to the use of public water (II); Recording of existing rights (III); Grant of water rights (IV); Revision, variation, determination and diminution of water rights (V); Miscellaneous powers (VI); Appeals (VII); Miscellaneous (VIII).
The Water Apportionment Board is appointed by the Minister. The Water Registrar shall be ex officio Secretary of the Board. The Board shall have functions conferred upon it by this Act. Section 4 declares that, according to this Act, the prevailing rule of law shall be that there exists no right of property in public water and the control and use thereof shall be regulated by this Act or in accordance with provisions of the Waterworks Act. Casual us of public waters for watering stock, drinking, washing or cooking of use in a vehicle shall be allowed under section 5. Owners and occupiers of land may, without a water right, sink or deepen wells or boreholes and construct works for the conservation of public water, subject to restrictions set out in section 6. Section 7 concerns the right to use water for mining purposes, whereas section 8 concerns use for forestry purposes. Subject to foregoing provisions, no person shall divert, dam, store, abstract, use, discharge any effluent into, public water except in accordance with a water right granted under this Act (sect. 9). Section 10 concerns the determination of existing rights and the notification to the Water Registrar for this purpose. Recording and registration shall take place in accordance with provisions set out in part III. The Board may grant water rights under section 15. Section 17 sets out conditions implied in certain rights. A holder of a water right may request under specified circumstances the creation of servitude for the benefit of his/her water rights. Appeals against decisions regarding the registration of existing rights may be made to the Minister under section 31. Regulation making powers of the Minister are set out in section 35.
The following conditions shall be implied in every water right granted for mining, forestry or industrial purposes or for the generation of power that the water used thereunder, among others, shall not be polluted with any matter derived from such use to such extent as to be likely to cause injury either directly or indirectly to public health, livestock, animal life, fish, crops, orchards or gardens which are irrigated by such water or to any product in the processing of which such water is used.
Long title of text
An Act to define the ownership of any rights of use of water; and to provide for the grant of water rights and servitudes; and to make provisions incidental thereto.
Notes
Reprinted version of Act No. 40 of 1967 as at 31 December 2008. Attached is also the original official version.
Repealed
No
Source language

English

Legislation Amendment
No
Implemented by