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