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Water Resources Act 1982.

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

Keywords

Abstract
The Act principally provides for the management and conservation of water resources and defines the right to take and use water.
It consists of 65 sections divided into 10 Parts: Preliminary (I); Administration (II); Right to take water (III); Water Control Districts (IV); Applications for water use permits, etc. (V); Appeals, etc (VI); Grant of water use permit, etc. (VII); Water investigation permits (VIII); Action in case of drought, etc. (IX); Miscellaneous (X).
Section 4 states that the Minister may, on the recommendation of the Board of Appeal constituted under Section 36, exempt a person or class of persons, an area or a water use, from any provisions of this Act. Section 5 further defines the application sphere of the Act and prescribes that its provisions do not affect customary rights to the use of water by the citizens resident in the area in which those customary rights are exercised. Section 6 declares “public purposes” for purpose of land acquisition. There shall be a Director of Water Resources (sect. 8) and a Water Resources Board (sect. 9). The Board shall carry out water resources protection functions as set out in section 15. The Director may, by notice in the National Gazette, appoint inspectors for the purposes of this Act (sect. 18). Section 21 defines the rights to take water, whereas section 22 defines rights of owner, etc., of land near a water course, etc. The Minister may, by notice in the National Gazette, declare an area to be: (a) a water control district; or (b) an underground water control district, for the purposes of this Act (sect. 23). Section 24 lists acts prohibited in a water control district. The Director, however, may approve such acts pursuant to section 25. Application for water use permits shall be made to the Director (sect. 28). In dealing with applications or consideration of other decisions listed in section 29, the Board shall take into account (environmental) plans and programs for the water use made under specified Acts. The Minister shall, on the recommendation of the Board, grant a water use permit (sect. 40). Section 42 defines rights conferred by a water use permit. Section 49 makes provision with respect to water investigation permits. Section 55 concerns actions that may be taken by the Director in the case of drought.
Long title of text
Being an Act— (a) to provide for the protection of a national resource in accordance with the fourth goal of the National Goals and Directive Principles; and (b) to give effect to the National Goals and Directive Principles under Section 25 of the Constitution; and (c) to make provision for the management of national water resources and the responsibility for that management.
Notes
Reprinted version of 2006 of Chapter 205.
Repealed
Yes
Serial Imprint
Papua New Guinea Consolidated Legislation 2006.
Source language

English

Legislation Amendment
No
Implemented by
Repealed by