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Water Use licencing in Namibia

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1 Water Use licencing in Namibia
Franciskus Witbooi

2 Water Resources Management Act 11/ 2013
Old Water Act 54/1956 R 1278 of 1971 Any other regulation related to the Water Act

3 Custodian Ministry of Agriculture Water and Forestry
Directorate Water Resources Management Custodian and Implementer of the Water Resources Management Act 11/2013 and related regulations To promote the use and joint management of water resources in an equitable, efficient and sustainable manner for optimum long term social and economic benefits for all users in Namibia

4 Relevant Division Division : Policy and Water Law Administration
Handle all permit applications for abstraction and use of water Waste water disposal permits Removal of sand from rivers Implementing and compliance with the Water Resources Management Act.

5 Water Licencing Different water users e.g. private, farmers, industries, mines, etc. Who needs a license? Sec. 44 states “ a person may not abstract and use water from a water resource, unless the person holds a license issued by the Minister.” Water Resource is defined as “ the whole or any part of a watercourse or an aquifer and includes the sea and meteoric water.”

6 Water Licencing Watercourse means
A river or spring, including base flow of an ephemeral river Natural channel in which water flows regularly or intermittently Estuary, wetland, lake or dam into which, or from which water flows Any collection or body of water declared to be a watercourse and includes water in and the bed and banks of the watercourse.

7 Water Licencing Sec. 85 Water Protection Areas
The Minister may declare an area to be a water protection area in order to protect and enhance any water resource, riverine habitat, watershed, ecosystem or other environmental resource that is at risk of significant changes to resource quality, depletion, contamination, extinction or disturbance from any source, including aquatic or terrestrial weeds

8 Water Licencing Limitations and Prohibitions. Sec. 86
Drilling of boreholes, construction of wells or abstraction of water Erection of structures Possess, keep or use specified chemicals Alteration of land contours Removal of vegetation Discharge of effluent Operating mines Any other measure to protect water resource

9 Water Licencing Water from a water course : needs a license
Water from Water Protection Area : needs a license. Application in a prescribe manner

10 Water Licencing What are we protecting Sec. 56 – 67
Control and protection of ground water Protection of aquifers All other water resources which include watercourse or an aquifer, the sea and meteoric water.

11 Water Licencing Why are we having water licencing? Sec. 45 (2)
Impact likely to have on : Existing water users Water resources Water reserved for environment Estimated potential of the water resource Conformity to efficient water management practices Redress past racial and gender discrimination

12 Water Licencing Effect on quality of water or aquatic system depending on the water International obligation Whether application involves a dam or dugout Need to ensure the efficient and beneficial use of water resources Existing water use by traditional communities from water resource and customary rights and practices to the water.

13 Water Licencing How do we apply for a water license? Sec. 44(2)
An application for a license to abstract and use water must : Be made in the manner and form approved by the Minister. Contain information prescribed by the Min. Accompanied by prescribed application fee.

14 Water Licencing - Process
Submit to Division: Policy & Water Law Admin. Scrutinize and forward to relevant division e.g. Hydrology, Geohydrology or Water Environment Back to Division: Policy & Water Law Admin. Submission to PS through the office of Director and Deputy PS. On return permit issued and forwarded to applicant.

15 Thank you


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