Viviane Kinyaga22 May 2014

Windhoek

Regional Technical Seminar on Project Implementation

Data sources: Legal & institutional aspects: Namibia

Transboundary Legal framework

• Revised SADC Protocol on Shared Watercourses

• ORASECOM Agreement

Transboundary Institutional framework

• SADC Secretariat - Water Division

• Orange-Senqu River Commission

o Groundwater task force

o Programmes/projects

Domestic Legal framework

• Water Act, Act 54 of 1956 (water investigations; planning for water infrastructure; develop water schemes; pollution control; conservation etc)

• Water Resources Management Act, Act 24 of 2004 (IWRM; water advisory council; water regulatory board; water tribunal; basin management committees)

• Water Resources Management Act, Act XX of 2013

Other domestic Legal framework

• Mountain Catchment Areas Act No. 63 of 1970

• Water Research Act No. 34 of 1971 (amended in 1978)

• Assignment of Power Act No. 4 of 1990

• Namibia Water Corporation Act No 12 of 1997

• Environmental Management Act, Act No. 7 of 2007

Other domestic Legal framework

• Communal Land Reform Act No. 6 of 1981

• Regional Councils Act, 1992 (Act No 22 of 1992)

• Local Authorities Act, 1992 (Act No. 23 of 1992)

• Pollution Control and Waste Management Bill

• Green scheme??

• The Constitution

Domestic Institutional framework

• Department of Water Affairs and Forestry

o Directorate of Resource Management

o Directorate of Rural Water Supply

• NamWater

• Regional Councils; Local Authorities

• Decentralised bodies - Water Area Management Institutions (Karst Water Management Body; Basin Management Committees; Water Point Associations)

Legal & institutional framework – data sources

• DRFN

• Department of Water Affairs and Forestry

• National Planning Commission

• Environmental Law and Policy in Namibia

• Assessments – IWRM Plan report no. 2

• Thesis reports of students

Water resources abstraction and use

• Regulations for “old Act”

• Draft regulations for 2013 Water Act

• Tariffs, water regulator in new Act

Pollution control

• Regulations for Water Act

• Regulations for Environmental Management Act

Ownership of groundwater resources

• Ownership vested in the state

• Certain users have responsibilities to develop and manage water resources (NamWater, some local authorities, freehold farmers)

• Development controlled through permit system (check law in this regard)

Thank you