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Water Resources Management Act, 2011 (No. 21 of 2011).

Country
Type of law
Legislation
Source

Abstract
This Act establishes a regulatory and administrative framework for the management, development, conservation, protection and preservation of the water resource in Zambia and provides with respect to water rights and the equitable and sustainable use of water resources and related matters.
The Act divided into 16 Parts: Preliminary (I); The Water Resources Management Authority (II); Catchment Councils, Sub-Catchment Councils and Water Users Associations (III); Water Resources Planning (IV); Water Quantity And Quality Management (V); Water Shortage Areas (VI); Management of Shared Water Courses and Water Resources (VII); Water Use (VIII); Permits for Water Use (IX); Licensing of Constructors and Drillers (X); Ground Water and Boreholes (XI); Water Works (XII); Easements (XIII); Emergency Situations (XIV); Water Use Charges, Fees and Water Development Trust Fund (XV); Enforcement and General Provisions (XVI).
Part I sets out principles of water management and provides that (a) no entitlement shall exist to use that water except as provided under this Act; and (b) allocation of that water for various purposes shall be in accordance with this Act. The Water Resources Management Authority is established as a body corporate and shall have policy, advisory, monitoring and supervisory functions as defined. The Authority shall be governed by a Board. The Act also establishes a Water Development Trust Fund which shall be managed by trustees.
The Minister shall, by Statutory Instrument, designate the six catchments of Zambia and may, on the recommendation of the Authority, constitute a catchment council for a catchment and a water users association for any area of a catchment. The Board may declare a water resource protection area within a catchment or sub-catchment. The Authority shall, following public consultation, formulate a national water resources strategy and plan for the management, use, development, conservation, preservation, protection, control and regulation of water resources and shall put in place an integrated national management, monitoring and information system on water resources.
Part V concerns, among other things, the flow of water, the level or volume of a water resource, water pollution, water conservation zones, establishment and maintenance of water quality standards, resource quality monitoring, and resource quality objectives.
Part VI, among other things, defines powers of the Authority in areas declared by the Minister as Water Shortage Areas. It also concerns water abstraction, boreholing and well-sinking and international cooperation on shared water resources. The Minister may establish national mechanisms for dispute resolution regarding shared water resources.
The President may, by Statutory Order, on the recommendation of the Board, acquire any land, in accordance with the Lands Acquisition Act, for the purposes of, or in connection with, the carrying out of the functions of the Authority under this Act.
Long title of text
An Act to establish the Water Resources Management Authority and define its functions and powers; provide for the management, development, conservation, protection and preservation of the water resource and its ecosystems; provide for the equitable, reasonable and sustainable utilisation of the water resource; ensure the right to draw or take water for domestic and noncommercial purposes, and that the poor and vulnerable members of the society have an adequate and sustainable source of water free from any charges; create an enabling environment for adaptation to climate change; provide for the constitution, functions and composition of catchment councils, sub-catchment councils and water users associations; provide for international and regional cooperation in, and equitable and sustainable utilisation of, shared water resources; provide for the domestication and implementation of the basic principles and rules of international law relating to the environment and shared water resources as specified in the treaties, conventions and agreements to which Zambia is a State Party; repeal and replace the Water Act, 1949; and provide for matters connected with, or incidental to, the foregoing.
Date of text
Entry into force notes
This Act shall come into operation on such date as the Minister may, by Statutory Instrument, appoint.
Repealed
No
Serial Imprint
Official Gazette of 2011, pp. 265-378.
Source language

English

Legislation Amendment
No
Repeals