Water Resources Management Regulations (GN No. 269 of 2023).

These Regulations, made by the Minister of Agriculture, Water and Land Reform with the concurrence of the Minister of Health and Social Services, under section 129(1) of the Water Resources Management Act, 2013 and, where applicable under section 35 of that Act, deals with a wide spectrum matters covered by the Act. The 150 regulations are divided into 14 Parts; Preliminary (1); Pricing Policy for Services in Water Sector (2); Basin Management Committees (3); Water Management Standards and Licensed Laboratories (4); Water Services, Abstraction and Use Licenses(5); Procedures and Conditions for Artificial Recharge of Aquifers (6); Driller’s Licences (7); Water Pollution Control (8); Dams, Dam Safety and Flood Management (9); (10 not assigned); Control of Activities Affecting Wetlands, Water Resources and Resource Quality (11); Removal of Rocks, Sand or Gravel from Watercourse for Sale or Commercial Exploitation (12); Control of Aquatic Invasive Species (13); Protection of Riparian Zones (14); Water Services Provided by State (15).
Part 1 contains exclusively interpretations for purposes of these Regulations. Part 2 sets out the norms and standards for the fixing of tariffs of fees and charges for services in the water sector by the Water Regulator as contemplated in section 19 of the Act. Part 3 defines rules relating to the notice contemplated in section 20(4) of the Act (notification of proposed recognition of basin management committee). Part 4 concerns water quality standards in respect of water supply for drinking including general criteria for quality of recycled water and defines minimum standards of water supply services to be complied with by water services providers and owners of water treatment facilities and requirements for persons engaged for operating waterworks used for supplying water for domestic, commercial, industrial or agricultural use. Subject to any conditions prescribed under these regulations or imposed by the Minister, treated wastewater may be used for the re-use applications contemplated in Annexure 2.
Part 5 is about water abstraction authorizations. A person who intends to apply for a licence under section 41(2) (licence as water services provider), 44 (2) (licence to abstract and use water), 44 (1) (renewal of licence to abstract and use water) 56(3) (application for borehole licence) or 64 (2) (groundwater disposal licence) of the Act must apply to the Executive Director on a form approved by the Minister. Part 6 is about authorization of artificial recharge of aquifers. Only the holder of a borehole licence may do exploration and drilling work in order to establish boreholes for any artificial recharge of aquifers and only the holder of a licence to abstract and use water may abstract groundwater from any artificial recharge scheme. Recharging operations shall follow procedures as set out in this Part. Part 7 and Annexure 10 specify driller's licences and drilling methods for purposes of section section 67 of the Act. Part 8 and Annexure 11 are about water pollution licences and water quality standards for effluent discharge. Part 9 provides rules for dam construction and standards for dam safety. This is done for specific categories of dams. The Part also provides for, among other things, registration of existing dams, risk assessment and emergency measures. Part 11 is about the use of wetlands and dams in accordance with section 101 of the Act. The holder of the licence must comply with the environmental plan and mitigation and rehabilitation matters contemplated in sections 2 and 3(2)(j) respectively, of the Environmental Management Act. Other conditions relating to licence for use of wetland or dam and prohibited use of wetland or dam are specified.
Part 12 Prohibits removal of rocks, sand or gravel from watercourse for sale or commercial exploitation without licence and specifies conditions for such removal. Part 13 deals with import, transport or spread restricted alien invasive species that may threaten the ecological integrity of waterbodies. A person may not import into Namibia or transport or spread in Namibia any prohibited alien invasive species referred to in Annexure 13. Part 14 is about protection of riparian zones, meaning the historically, occasionally or seasonally flooded banks and floodplains along the sides of a watercourse. It requires a licence to remove riparian species, fill or excavate riparian zone or erect structural development within riparian zone and specifies conditions for such activities. Riparian species” means any vegetation or plant whose occurrence or density follows the line of the watercourse of a riparian zone. Part 15 is about Penalty fee leviable and recoverable against user in default of payment of fees and charges owing to State.