Water Sector Law.

This Act provides for the regulation, management, development and protection of water resources, and for water and sewerage services. It establishes the Lagos State Water Corporation (LSWC), a Water Sector Complaints Centre (within the Corporation), the Lagos State Water Regulatory Commission, a Environmental Audit Unit (within the Commission), and a State Water Sector Court. Certain duties are assigned by this Act to the Lagos State Drug Quality Assurance Laboratory (LSDQAL) and the Lagos State Environmental Protection Agency (“LASEPA”).
The Act consists of 144 sections divided into five Parts: The Lagos Water Corporation (1); Regulatory Commission (2); Wastewater and sewerage services (3); Water quality standards and environmental issues (4); Miscellaneous (5). It is completed by one Schedule.
The Corporation shall, among other things - ensure the supply of adequate and potable water throughout the State at reasonable charges; manage and regulate wastewater and sewerage services in the State; maintain existing waterworks and develop new ones; prepare on behalf of the State, plans for the maintenance and development of water services, water service assets and new water services assets in the State (referred to as the “Development Plans”); control and manage all waterworks and ground water in the State. The Corporation shall have four Committees, among which, a Environment, Human Resources and Safety Committee. The Corporation shall also have specified subsidiaries. The Act defines the Corporation’s responsibility to consumers for continuous supply of water. The Corporation will have power to collect from the Local Government Councils such fees as may be agreed in respect of services provided. water shall be supplied by the Corporation without preferential treatment. It will be unlawful for any unauthorised person to resell water supplied by the Corporation. Wells may be dug on private properties for household purposes without a licence of the Corporation.
The Regulatory Commission shall also be a body corporate and shall have as its primary objective the protection of the long-term interests of consumers with regard to the price, quality and reliability of services in the water sector. It shall ensure that— (1) water and sewerage functions are properly carried out in the State; (2) operators in the sector secure reasonable returns on their capital to finance the proper carrying out of those functions. It shall approve the tariff, fees and other charges charged by the Corporation for water and sewerage services in the State. A person may apply to the Commission for the issue of a licence authorising the provision of the prescribed services in the application. A person who is the provider of prescribed services (not defined) must not engage in the provision of such services unless the person— (a) is the holder of a license authorising the provision of the relevant prescribed services; (b) is exempted from the requirement to obtain a license in respect of the provision of the relevant prescribed services. The Governor on the advice of the Commission may by Order published in the Government Gazette exempt a person from the requirement to obtain a license in respect of the provision of the prescribed services specified in the Order. The Environmental Audit Unit will monitor and ensure compliance by the Corporation and other operators in the sector with environmental laws and regulations in the State and any obligations as may be conferred by any ruling of the Commission.
It will be the duty of the Corporation to provide public sewers to be used for drainage of premises in the State. The Act defines the right to apply for and connect to a public sewer. LSDQAL will be the monitoring body for the quality of drinking water. LASEPA will be the monitoring body in respect of raw water, wastewater, liquid wastes, disposal of solids, underground water, land and soil, environmental issues in the State. It will also determine pollution levels, collect baseline data and work in conjunction with other agencies approved by law. The Corporation will ensure that water supplied to any premises is wholesome and conforms with the World Health Organization (WHO) standards for potable water.
The Act furthermore sets out some rules regarding groundwater abstraction, irrigation development (both activities require e licence), discharge of polluting substances into water, watershed management, drainage and land reclamation (requires EIA), and water quality conservation. The Act defines various offences. The Water Court will have powers to investigate and adjudicate on all complaints and disputes concerning the water sector.