Water Resources Act.

This Act provides for the management and conservation of water resources in Jamaica. The 58 sections of the Act are divided into 8 Parts: Preliminary (I); Administration of Water Resources (II); Abstraction and Use of Water (III); Easement (IV); Special Powers Relating to the Abstraction and Use of Water (IV); Control and Protection of Underground water (IV); Control of Water Quality (V); Supplementary Powers of Authority (VI); General (VII); Savings and Transitional Provisions (VIII).
Section 3 provides for the establishment of the Water Resources Authority (the "Authority") as a body corporate and section 14 provides for the establishment of the Water Resources Advisory Committee (the "Advisory Committee"). The Authority shall prepare and submit for approval to the Minister (not defined) a draft National Water Resources Master Plan. The Advisory Committee shall advise within 90 days the Minister with respect to approval of the Master Plan or a revision thereof (sect. 16). Requirements with respect to the contents of the Plan, set out in section 16(5), shall be met by the Authority. Abstraction of water shall be governed by provisions of this Act, provisions of previous enactments notwithstanding (sect. 16). A person may abstract and use water without a licence: (a) if he has the right of access to the source of water and; (b) if the water is required only for domestic use (sect. 19). Sections 26 to 28 make provision for the creation and discharge of easements of holders of licences to abstract and use water and the registration of such rights. Remaining provisions of Part III deal with special powers of the authority relating to the abstraction and use of water. Sinking, constructing, enlarging or otherwise altering of wells requires the consent of the Authority unless a person is licensed to do so under Part III (sect. 34). To practise well-drilling requires a licence granted by the Authority (sect. 35). Powers of the Authority with respect to aquifers are set out in section 38. The Minister may declare Water Quality Control Areas for which Water Quality Control Plans shall be prepared and submitted to the Minister by the Authority (sect. 39). A Draft Plan shall be made in accordance with subsections 40(5) and (6) and shall take into account the provisions of the Master Plan that are in effect. Provisions of Part VI grant specific powers of enforcement to the Authority. The Minister may make regulations for better carrying out the objects and purposes of this Act (sect. 49). Property of the Underground Water Authority shall be vested in the Authority (sect. 56). The Act is completed by 4 Schedules. Schedule 4 contains the text of the Water Resources Regulations, 1995 of 6 November 1995.