Water Use and Licence Regulations 2016 (As Amended) 2020.

These Regulations,made by the Minister of Water Resources under the Water Act of 2004, provide rules for the allocation, supply and distribution of water resources for all uses and uses. They protect, conserve and control water resources for equitable and development integrity and, in particular regulate water used for water supply purposes to ensure that public water services are supplied efficiently and economically in accordance with standards that reasonably meet the social, industrial and commercial needs of the community. The Regulations allow water to be freely used (in accordance with section 2 of the Act) for domestic use, water of domestic livestock, subsistence fishing, and use for personal irrigation schemes (not more than 5 hectares). Also, in case of land rights, groundwater may be abstracted or water taken from abutting rivers. Such uses must be registered by the Ministry responsible for water. Generally, water rights shall exist independently of land tenure rights and preexisting rights on water shall generally prevail. Preexisting rights shall be registered and a licence shall be obtained for water use covered by such rights. Regulation 4 sets out all activities that require a licence from the Minister. Uses that require a licence shall include, among other things, agriculture, fisheries or aquaculture. All water licences shall be issued in accordance with the available water reserves, Basin Catchment Plans and available Water Plans. The Minister shall publish annually a List of Licensees and volume of water allocated to each Licensee and any change in licence holding. The Regulations regulate the granting of licences, and also their transfer, suspension, withdrawal an cancellation. Appeals against decisions may be had with the Minister and with court. Water Use shall be charged in accordance with the rates specified in the Table of Fees in the Seventh Schedule to these Regulations.