Water Resources Act 2020 (No. 2 of 2020).

This Act makes provision for the conservation and development of water resources in Tonga. It vests water resources in the Crown, requires the Minister for Lands and Natural Resources, in conjunction with the other agencies of the Government provided for under this Act, and any other law to manage water resources, establishes the National Water Resources Committee, and regulates the use of water, including rights of state utilities to take water. The Act also defines the content of the National Water Management Plan.
The vesting of water in the Crown shall not prevent any person from claiming ownership of water which has been lawfully taken and stored on any land or premises. The right to use or to permit the use of water sources, for the purpose of supplying water for domestic, agricultural, pastoral, industrial or commercial uses is vested in the Ministry, excluding rain water storages for private or communal use. Grant of rights to take or use water shall only be done in accordance with the provisions of this Act. The Ministry may require that certain matters relating to water resources be considered in the assessment of environmental impacts of proposed developments required under the Environmental Impact Assessment Act. The Minister may, among other things, place restrictions on the use of water and establish standards applying to any activity or equipment associated with the taking of water or the development of water sources, and regulate or prohibit any such activity or the use of any such equipment.
The Committee, consisting of government officers and representatives of non-governmental organizations, shall, among other things: advise the Minister on any matter affecting the quantity and quality of water resources; promote coordination amongst government ministries and agencies having responsibilities relating to water resources; establish a multi-agency National Water Resources Technical Committee, and recommend to the Minister the establishment of water protection zones. The National Water Management Plan shall be prepared and implemented by the Committee. All urban and rural spatial plans prepared in accordance with any law shall be consistent with the provisions of the National Water Management Plan. No approval may be given under the Environmental Impact Assessment Act or any law-making provision for urban and rural spatial plans if the effect of the approval is to breach any provision of the National Water Management Plan.
Abstraction of water requires a permit or licence to be issued by the Chief Executive Officer of lands and natural resources. Categories of permit or licences may be prescribed by regulations. Activities shall be in conformity with the National Water Management Plan. The Minister may prescibe environmental standards got the taking of water and any activity that may affect water quality or the integrity of any water source, including waste management operations, drilling, quarrying and any other commercial enterprise. Public health standards relating to the taking of water and any aspect of water quality may be prescribed by the Minister of Health in consultation with the Director, and the Ministry of Health shall be responsible for the monitoring and enforcement of the approved public health standards. The Act defines offences, including polluting water.