Water Resources Act (1996)

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WATER RESOURCES 1
THE WATER RESOURCES ACT
ARRANGEMENT OF SECTIONS
PARTL preliminmy
1. sort title.
2. Interpretation.
PART II. Administratim of Water R e s o m ~
Water Resources Au!ho?ity
3. Establishment of Authority.
4. - * OfAUthority.
5. M i I l i S t ~ i d d i r ~ ~
6. Funds and mourcu of the Authority.
7. Application of revenues.
9. Power of Minister to gnatantee loans to Authority.
10. Power to invest moneys.
11. Accountsandaudit.
13. Exemptim from taxes and duties.
8. BOKKOW~pOWerS.
12. Annaal report,
Water Resources Advisory Committee
14. Establishment of Advisory Committee.
15. Functions of Committee.
National Water Resources Mmter Plan
I
16. Master Plan.
PART m. Abstrmtion and Use of Water
`\ 17. Application of this Act to abetrrsction and we of water.
2 WATER RESOURCES
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Crown waters.
Licence required for abstraction. use of water.
Who may apply.
Simultaneous application for licence to discharge effluents.
Regulations relating to licences under this Part.
Implied term in every licence.
Approval of works by Authority not guarantee.
Planning permission still necessary.
Easemm
Easement may be claimed.
Constitution of casement
Registration, etc. of easement.
Special POWS Relating to the AbsUmion and Use of Wate
29. Interconnected, surface and underground water.
30. Minister may declare emergency area
3 1. Powers of Authority in emergency area.
32. Sources of supply reserved for public purposes.
33. Licences for use of reserved sources of supply.
PART W. Control and Protection of Underground Water
Control of Well-Drilling
34. Consent of Authority to search for underground water.
35. Duty on welldriller to be licensed, etc.
36. Welldrilling and mining operations.
37. Waste of underground water from wells unlawful.
38. Authority may determine safe yield of aquifers.
Special Power of Authority in relation to Aquifers
PART V. Control of Water Quality
Water Quality Control Plans
39. Water Quality colltrol Areas.
40. Water Quality Control Plan.
indusion d bhis pruge b wthurized by LH. 96 / 19981
WATER RESOURCES 3
PART VI. Supplementary Powers of Authority
41. Enforcement of regulatory controls.
42. Supplementary provisions as to enforcement.
PART VII. General
43. Appeal.
44. Penalties.
45.
46.
47.
48.
49.
50.
51.
52
53.
54.
55.
56.
Suspension of licence additional penalty.
Fees and charges.
Offences by corporations.
Agencies to consult Authority prior to giving decisions.
Regulations.
Modification of laws.
Act applies to Crown.
PART VIII. Savings and Transitional Provisions
Entitlement to licence in certain circumstances.
Provisions relating to special agreements.
Vesting of property previously held by the Underground Water
Saving of rights of existing staff of Underground Water Authority.
Construction of references to Underground Water Control Act.
Authority.
SCHEDULES.
hd&n of this `page b authorized by L.N. 961 19981
WATER RESOURCES 5
Ad
36 Of 1995. THE WATER RESOURCES ACT
[lst April, 1996.1
PART I. Preliminary
1. This Act may be cited as the Water Resources Act. Sborttm
1-m. 2. Inthis Act- tbn.
“Advisory Committee” means the Water Resources
Advisory Committee established under section 14;
“appointed day” means the 1st April, 19%.
“Authority” means the Water Resources Authority
established under section 3;
“construction” in relation to works, includes reconstruction
and alteration thereof;
“domestic use” in relation to the abstraction of water
means the use of such water for-
(a) drinking, washing, cooking and sani,tary
purposes in connection with a residence; or
(b) farming, gardening, the watering of stock
or penkeeping in connection with a
household where the entire area of land
does not exceed 0.5 hectare;
“functions” includes powers and duties;
“impoundment works” means any dam, basin or other
works whereby water may be iImpunded for abstraction
and use;
“local authority” meansincl&
d #his page i s au&orized by LB. %/ 19981
i
6 WATER RESOURCES
(a) in relation to the parishes of Kingston and
St. Andrew, the Council of the Kingston
and St. Andrew Corporation as constituted
under the Kingston and St. Andrew
Corporation Act; and
(b) in relation to any other parish, the Parish
Council of such parish;
“Master Plan” means the National Water Resources
Master Plan referred to in section 16 (6);
“underground water” means any water under the surface
of the ground whatever may be the geological
structure in which it is standing or moving;
“water remurces”, “water” and “waters” mean, reqmtively-
(a) water which is contained in-
(i) any spring, river, stream or other
watercourse, whether natural or
artificial, including any estuary
thereof; and
(ii) any lake or pond, whether natural
or artificial, sustained by underground
water or by a spring, river,
or stream;
(b) underground water;
“Water Quality Control Area” means an area declared
as such by the Minister in the circumstances
specified in section 39;
“Water Quality Control Plan” means a Plan prepared
pursuant to section 40 in relation to a Water
Quality Control Area;
“well” indudes any borehole, adit, tunnel or other excavation
constructed or used for the abstraction
of underground water;
“works” includes impoundment works and wells.
ITaa~~oCthbpsgeis~ri~~L.N.96119981
WATER RESOURCES 7
PART 11. Administration of Water Resources
3.-(1) There is hereby established for the purposes of b t a ~ s h -
this Act a body to be called the Water Resources Authority A~~~IoI-B~~.
which shall be a body corporate to which the provisions of
section 28 of the Interpretation Act shall apply.
(2) The provisions of the First Schedule shall have
effect in relation to the constitution and operations of the
Authority and otherwise in relation thereto.
Water Resources Authority
ment 4
4.41) It shall be the duty of the Authority to regulate, %=;.Of
allocate, conserve and otherwise manage the water resources
of Jamaica.
(2) Subject to the provisions of this Act, the Authority
may, for the purposes of performing any of its functions
under this Act, do anything and enter into any transaction
which, in the opinion of the Authority, is necessary to
ensure the proper performance of its functions.
(3) In particular, and without prejudice to the generality
of the provisions of subsections (1) and (2), the Authority
may-
(U) obtain, compile, store and disseminate data concerning
the water resources of Jamaica;
(b) exercise planning functions as provided in this Act
in relation to the Master Plan and Water Quality
Control Plans;
(c) allocate water resources in conformity with the
provisions of this Act;
(d) control the quality of water resources in accordance
with the provisions of this Act;
(e) provide to any departmenlt or agency of Government,
at its request, technical assistance in respect
hmclusbm &&is prrge ils &rized by L.N. %/1W8]
8 WATER RESOURCES
of any projects, programmes or activities which
relate to the development, conservation and use of
water resources;
(f) perform such other functions relating to the management,
conservation and use of water resources
as may be assigned to it by or under this Act or
any other enactment.
5. The Minister may, after consultation with the chairman
of the Authority, give to the Authority such directions
of a general character as to the policy to be followed by the
Authority in the performance of its functions as appear to
the Minister to be necessary in the interests of Jamaica and
the Aucthority shall give effeot to any such directions.
6. The funds and resources of the Authority shall consist
!(a) such sums as may be provided annually for the
purpose in the Estimates of Revenue and Expenditure
of Jamaica;
of-
(b) sms borrowed by the Authorilty pursuant to section
8 for the purpose of meeting any of its obligations
or discharging any of its functions;
(c) all other sums or property which may in any
manner become payable to or vested in the Authority
in resped of any matter incidental to its
functions.
7. The revenues of the Authority shall be applied for the
purposes authorized by this or any other law in relation to
the functions of the Authority.
inclusion d &is p~ge 5s au&onzed by L.N. 96 / 19981
WATER RESOURCES 9
8. The Authority may, within such limits as the Minister EeF
responsible for finance may fix from time to time, borrow
money for the purpose of enabling it to perform its funotions
under this Act.
9.--(1) With the approval of the House of Representa- ;=?&
tives, the Minister responsible for finance may guarantee, marantee
in such manner and on such conditions as he may think fit, ~ - i ~ .
the repayment of the principal and the payment of interest
on any authorized borrowings of the Authority.
(2) Notwithstanding anything to the contrary, where
any loan is, pursuant to subsection (l), guaranteed by the
Minister responsible for finance, the repayment of the principal
moneys and interest represented by the loan so guaranteed
shall, during the continuance of such guarantee, be a
first charge upon such revenue and assets of the Authority
as shall be specified by that Minister.
(3) Where the Minister responsible for finance is satisfied
that there has been default in the repayment of any principal
moneys or in the payment of interest guaranteed under
the provisions of this section, he shall direct the repayment
or, as the case may be, the payment, out of the Consolidated
Fund and assets of Jamaica, of the amount in respect of
which there has been such default.
loans to
(4) The Authority shall make to the Accountant-
General, at such times and in such manner as the Minister
responsible for finance may direct, payments of such amounts
as may be so directed in or towards repayment of any sums
issued in fulfilment of any guarantee under this seotion, and
payments of interest on what is outstanding for the time
being in respect of any sums so issued at such rate as that
Minister may direct, and different rates of interest may be
directed as respects different sums and as respeots interest
for different periods.
[The inclusi~m rd this page is a&horized )by L.N. 96/ 19981
10 WATER RESOURCES
Power ta
inwest
moneys.
10. All moneys of the Authority not immediately required
to be expended in the meeting of any obligations or the discharge
of any functions of the Authority may be invested
in such securities as may be approved either generally or
specifically by the Minister and the Authority may, with the
approval of the Minister, sell all or any of such securities.
Acawnts 11.41) The Authority shall keep proper accounts and
other records in relation to the business of the Authority and
shall prepare annually a statement of accounts in a form
satisfactory to the Minister, being a form which shall conform
to the best commercial standards.
and adit.
(2) The accounts of the Authority shall be audited
within six months after the close of each financial year or
within such other period as the Minister may direot by an
auditor or auditors appointed annually by the Authority
and approved by the Minister.
(3) So soon as the accounts of the Authority have
been audited, the Authority shall send the statement of its
accounts referred to in subsection (1) to the Minister,
together with a copy of any report made by the auditors on
that statement or on the accounts of the Authority.
(4) The auditors’ fees and any expenses of the audit
shall be paid by the Authority.
(5) The Auditor-General shall be entitled, at all
reasonable times, to examine the accounts and other records
in relation to the business of the Authority.
AanlPal 12.41) The Authority shall, as soon as practicable after
the end of each financial year, cause to be made and shall
transmit to the Minister, a report dealing generally with the
activities of the Authority during the preceding financial
WATER RESOURCES 11
year, and containing such information relating to the proceedings
and policy of the Authority as can be made public
without detriment to the interests of the Amuthority.
(2) The Minister shall cause a copy of the report
together with the annual statement of accounts and the auditor’s
report thereon to be tabled in the House of Representatives
and in the Senate.
1341) The income of the Authority shall be exempt E=&=
from income tax. and dutiea
(2) The Authority shall be exempt from any portion
of stamp duty payable by the Authority in respect of instruments
executed by or on behalf of the Authority.
f(3) Any ,transfer by the Authority of any property
belonging to it or of any right or interest created in, over or
otherwise with respect to any such property shall be exempt
fram transfer tax.
(4) No customs duty or other similar impost shall be
payable upon any article imported into Jamaica, or taken
out of bond in Jamaica, by the Authority and shown to the
satisfaction of the Commissioner of Customs to be required
for the use of the Authority in the performance of its functions
under this Act.
Water Resources Advisory Committee
14.41) There is hereby established a body to be known EWI,Wment
of
Advisory
chudtee.
as the Water Resources Advisory Committee.
(2) The provisions of the Second Schedule shall have w n d
effect in relation to the Advisory Committee and otherwise MXXIUI~
in relation thereto.
12 WATER RESOURCES
Function,
Of mittee. OOm-
15.-(1) Subject to subsection (21, the Advisory Commit-
(a) on matters of general policy relating to the management,
development, conservation and use of the
water resources of Jamaica;
(b) on the Master Plan and Water Quality Control
Plans, including any amendments which may be
proposed from time to time in relation to any of
those Plans; and
(c) on such other matters related to the water resources
of Jamaica as the Minister may refer to it.
tee shall advise the Minister-
(2) Unless otherwise specified in this Act, the Minister
is not bound to seek or to act in accordance with the
advice of the Advisory Committee.
National Water Resources Master Plan
16.41) Subject to the provisions of this section, the Authority
shall prepare and submit to the Minister for approval
a draft National Water Resources Master Plan for Jamaica.
(2) The Minister shall not approve the draft Master
Plan or any revision thereof pursuant to subsection (7) Uless
the Advisory Committee has advised him in respect
thereof; but if the Advisory Committee does not give its
advice within ninety days of the date of a request therefor
or within such longer period as the Minister may in any case
allow, the Minister may act without such advice.
(3) For the purpose of preparing the draft Master
Plan, the Authority may-
(a) collect from any source data and information relating
to the use and quality of water resources, and
to water resources generally;
(b) consult with, and obtain data and information relating
to water resources from, such person or
Masta
P t a
inclusion d %his pe%e ik mlu;tharized by LN. 96 / 19981
WATER RESOURCES 13
organization as the Authority thinks appropriate
or from any agency or department of Government
or local authority;
(c) undertake such studies and investigations and carry
on such other activities as may be necessary or
relevant to the preparation of the Master Plan.
(4) In preparing the draft Master Plan the Authority
shall take such steps as are practicable to co-ordinate the
Master Plan with the plans of any department or agency of
Government for national or regional economic and physical
development and shall have regard to any plans relating to
the development of water resources by any person or organization
other than a department or agency of Government.
(5) The Authority shall ensure that the draft Master
Plan-
(a) identifies objectives for the development, conservation
and use of the water resources of Jamaica,
taking into account all relevant considerations including
the desirability of economic efficiency, the
proteotion of the health, safety and welfare of persons,
the protection or encouragement of economic
activity and the proteution of the environment and
the enhancement of environmental values;
(b) identifies, describes and inventories in relation to
Jamaicaf(
i) the occurrence, quantity, availability and
quality of water;
(ii) the current uses of water; and
(iii) the activi`ties which are dependent on,
affected by, or related to water and its uses;
(c) identifies and describes in relation to Jamaica, the
projected needs for water and recommends the projects,
programmes and other steps which, in view
~ ~ h c ~ o f # i s p a g e t s B a u ~ e d byL.N. %/19!28]
14 WATER RESOURCES
of such needs, should be undertaken in respect of
the development of water resources and the control,
abstraction and storage of water and the supply,
distribution, drainage and disposal thereof;
(d) having regard to the current and projaed needs
for water identified pursuant to paragraph (c) and
the projects, programmes and other steps recommended
under that paragraph, indicates the objectives
in relation to water quality whether in respect
of Jamaica generally or in respect of regions thereof,
and the programmes designed to achieve those
objectives;
(e) indicates and evaluates the ways in which all projects
and programmes proposed in the draft Master
Plan in respect of the current and projected use of
water will achieve the objectives identified pursuant
to paragraph (a).
(6) If he is satisfied with the draft Master Plan, the
Minister-
(a) shall, subject to affirmative resolution, by notice
published in the Gazette declare it to be the approved
Master Plan and shall specify in such notice
the date on which the Master Plan shall take effect;
(b) shall cause the approved Plan to be published in the
Gazette;
(c) shall cause such Plan to be made available to all
departments and agencies of Government and to
local authorities and any other body which the
Minister thinks may be affected by the Master Plan
in view of the nature of the activities in which that
body is engaged; and
(d) shall cause a notice to be published in at least one
issue of a daily newspaper circulating in Jamaica
stating that the approved Plan is available to the
me inclusion 0b.this ipge B authorized by L.N. 96 / 19981
WATER RESOURCES 15
general public for inspection at the office of the
Authority on payment of the prescribed fee.
(7) The Authority shall cause to be prepared and
shall submit to the Minister for approval an annual revision
of the whole or any part of the Master Plan which is for
the time being in effect pursuant to this section; and for
the purposes of such revision, the Authority and the Minister
shall have the like functions as are exercisable under
this section in relation to the draft Master Plan.
(8) The Minister shall, not later than six months
after the completion of an annual revision of the whole or
any part of the approved Master Plan, cause a copy of that
revision to be laid on the Table of the House of Representatives
and on the Table of the Senate.
(9) A failure on the part of any person to observe
any provision of the Master Plan which is for the time being
in operation shall not of itself render him liable to any proceedings;
but in any proceedings before the Authority any
provision of the Master Plan which appears to the Authority
and any failure on the part of any person to observe that
provision, shall be taken into account by the Authority in
determining that question.
PART 111. Abstraction and Use of Water
17.--(1) Notwithstanding anything to the contrary in any Am1i-n
existing enactment, the abstraction and use of water in zizez-
Jamaica and the construction of any works for such abstrac- tim and use
tion and use shall be governed by the provisions of this Act,
and accordingly, nothing in any existing enaotment shall be
construed as derogating from any provision made by or
pursuant to this Act.
(2) In subsection (1) “existing enactment” means an
enactment which is in force on the appointed day.
of waiter.
16 WATER RESOURCES
cnrwn
waters.
Licence
use of
mter.
m o may
tupPlY.
18. All water resources that were vested in the Crown
immediately before the appointed day shall remain so vested
on and after the appointed day.
19.--(1) Subjeot to subsection (2), no person shall-
‘(U) abstract and use water; or
(b) construct or alter or cause to be constructed or
altered any works for the abstraction and use of
water,
except under and in accordance with a licence for the purpose
granted to him by the Authority under this Act.
(2) A person may abstract and use water without a
licence-
(a) if he has a right of access to the source of water;
and
(b) if the water is required only for domestic use.
20. A person requiring a licence pursuant to section 19
shall make an application in writing to the Authority in such
form and manner as may be prescribed.
21.41) Where a licence is required pursuant to section
19 and the use of the water to which that licence relates
will or is likely to result in the discharge of effluents, then,
an application shall also be made to the relevant authority
for a licence to discharge effluents and a copy of that application
shall accompany the application for a licence required
pursuant to section 19.
(2) In subseotion (1) “relevant authority” means the
Natural Resources Conservation Authority or such other
body as the Minister may prescribe by notice published in
the Gazette.
inclwh d MO ib -zed by L.N. 96 I19981
WATER RESOURCES 17
22. The provisions of regulations made under this Act
shall have effect in relation to the grant, suspension and re- licevocation
of licences under this Part and otherwise in rela- writ.
tion to such licences.
under this
23. It shall be an implied term of every licence granted irruplied
under this Act to abstract and use water that the Authority
may by notice in writing addressed to the holder of the licence*
licence impose, in accordance with section 31, such restrictions
as it thinks necessary if the area relevant to the
operation of the licence is, pursuant to section 30, declared
to be an emergency area.
24 Where in relation to the grant of a licence to abstract -of
and use water, any condition is imposed by the Authority as Au&ority
to the construation of works, the fact that the Authority is ;trancaed.
satisfied that the works have been properly constructed shall
not operate-
(a) to imply a guarantee by the Government or the
Authority that the works have been properly designed
or constructed; or
wlorks by
(b) to support or justify any claim against the Government
or the Authority or any officer of the
Government or the Authority in connection with
such works.
n
planning permission where such permission is required under n-ry.
25. The grant under this Act of a licence to abstract and Puse
water does not dispense with the necessity of obtaining
the Town and Country Planning Act or any other enactment
in force at the time of the grant, unless otherwise stated
in that Act or in such other enactment, as the case may be.
18 WA TER RESOURCES
Easement
Easemat
m Y be
claimed.
Constitution
of aaswllelmt
Rqistration,
etc. of
&med.
Interconllectad,
surface and
underground
water.
26. A person who-
(a) under this Act is an applicant for or is the holder of
a licence to abstract and use water; and
(b) requires an easement,
shall satisfy the Authority that the owner of the land over
which the easement is required has agreed to the grant of
such easement.
27.-(1) An easement referred to in section 26 may be
constituted by written agreement between the holder of the
licence and the owner of the land over which the easement
is required and shall contain a provision that the easement is
not revocable by the person granting it without the approval
of the Authority.
(2) In this section “owner” in relation to land includes
an occupier having such authority over the land as
would empower him to grant an easement.
28.-(1) The creation or discharge of an easement shal’l
be registered by the Registrar of Titles or recorded by the
Deputy Keeper of the Records in accordance with regulations
made under this Act.
((2) Until it is registered or recorded pursuant to subsection
(l), an easement is binding only on the persons who
were the original parties to the agreement.
Special Powers Relating to the Abstraction and Use of Water
29.-(1) The Authority may deal with surface water and
underground water as one source of supply if, in its opinion,
the surface water and underground water are so interconnected
as to constitute one source of supply.
(2) In any area declared to be an emergency area
pursuant to section 30 the Authority may, if it is of the
[Tbs inclusion of ,this pige h albthodzcd by L.N. 961 19981
WATER RESOURCES 19
opinion that it is in the best interest of the management of
the water resources of Jamaica, deal with ail licences under
this Act to abstract and use water from an inter-connected
source of supply on the basis of equality of standing before
the Authority.
30.-(1) On the recommendation of the Authority the E$iz,are
Minister, after consultation with the Advisory Committee, @m-cy
may by order declare an area to be an emergency area if
he is satisfied that, on account of drought or any other
condition or emergency in that area, the supply of water
from any source is or is likely to become insufficient as respects
its quantity or unsuitable as respects its quality (or
both) to satisfy the requirements of all licences gran`ted
under this Act to abstract and use water.
area.
(2) An order made under subsection (1) shall be
published in the Gazette and at least once in each of two
successive weeks in a daily newspaper circulating in
Jamaica and may be revoked by the Minister if, having regard
to the recommendation of the Authority and after consultation
with the Advisory Committee, he is of the opinion
that the circumstances which justified the making of the
order no longer exist.
31.-(1) The Authority may, in any area declared to be
an emergency area pursuant to section 30, by notice in m - ~
writing addressed to the licensees who are entitled under -*
this Act to abstract and use water, impose such restrictions
as it thinks necessary in the circmtances, so, however,
that in imposing such restrictions the Authority shall have
regard to-
(a) the need to satisfy the requirements of public water
supplies as a matter of priority; and
me inclfusion of this p g e is authorized by L.N. 96 19981
20 WATER RESOURCES
(6) subject to subsection (2), the principle that where
full abstraction and use of water which may be
abstracted under a licence has been maintained,
any restriction imposed in respect of such licence
shall be in proportion to the restriction imposed on
all other licences in the area so declared.
(2) If, in any case, the Authority is satisfied that
there has been misuse or wasteful use of water abstracted
under a licence granted under this Act, it shall not be bound
by the provisions of sub-paragraph (b) of subsection (1).
(3) An appeal shall lie under section 43 (1) from a
decision made by the Authority under subsection (1) of this
section.
(4) Where an appeal is made pursuant to subsection
(3), it shall not have the effect of suspending or otherwise
affecting the operation of a notice served under subsection
(1).
~ o b zdyfz pu)b.liC
32.-(1) On the recommendation of the Authority the
Minister, after consultation with the Advisory Committee,
may by order (hereinafter referred to as “reservation order”)
reserve the whole or part of a source of supply (hereinafter
referred to as “reserved water”) for a public purpose and
may indicate in such order the person or authority entitled
to use the reserved water.
(2) The Minister, acting on recommendation and
after consultation as aforesaid, may, if he is satisfied that
the circumstances under which a reservation order was
made in pursuance of subsection (1) no longer justify maintaining
such order, revoke the order.
(3) An order made in pursuance of subsection (1)
and any order made revoking a previous order shall be published
in the Gazette, and at least once in each of two successive
weeks in a daily newspaper circulating in Jamaica.
-.
WATER RESOURCES 21
33.-(1) If the person or authority entitled to use the zfwshr
reserved water applies to the Authority for a licence to ab- r - w d
stract and use that water, the Authority may by notice in swiy.
writing addressed to the holder revoke or vary the licence of
any person who, before such application was made, was
entitled pursuant to a licence under this Act to abstract and
use that water.
(2) Where a licence which is to be revoked or varied
in pursuance of this section was granted before the date of
publication of a reservation order made in pursuance of section
32 (l), compensation shall be payable to the holder of
such licence and regulations made under this Act relating to
the compensation payable on revocation or variation of a
licence to accommodate another user shall, mutatis mutandis,
apply in respect of the revocation or variation of a licence
in pursuance of this section.
(3) Where a licence which is to be revoked or varied
in pursuance of this section was granted after the date of
publication of a reservation order made in pursuance of
section 32 (1) no compensation shall be payable in respect
of any loss or damage suffered by the holder of a licence
which has been revoked or varied in pursuance of this
section.
sources of
PART IV. Control and Protection of Underground Water
34.-(1) Subject to subsection (2), no person shall sink, F&zz Control ~f Well-Drilling
construct, enlarge or otherwise alter a well for the purpose to s~anm
of searching for underground water or for any other pur- gmmd
pose unless, in accordance with this section, he has obtained -.
the Authority’s consent to do so.
(2) Subsection (1) shall not apply in relation to the
holder of a licence granted under Part 111, the terms of
which authorize him to sink, construct, enlarge or otherwise
alter a well.
for under-
[The inclusion d this page is authorized bly LN. 96/ 19981
22 WATER RESOURCES
(3) The provisions of regulations made under this
Act shall have effect in relation to the grant, suspension and
revocation of the Aulthority’s consent pursuant to subsection
(1) and otherwise in relation to such consent.
(4) The provisions of regulations made under this
Act requiring a person to keep a journal and to furnish the
Authorilty with information in connection with any well
which that person is authorized to sink shall have effect in
relation to a person who has obtained the Authority’s consent
under this section; but where any person contracts to
sink a well on land beloging to or occupied by any other
person, and the execution of the work is under the control
of the contractor, the contractor and no other person shall
be deemed to be the person sinking the well for the purposes
of such provisions as aforesaid.
Duty on
to be
35.-(1) No person shall practise as a well-driller except
under and in accordance with a licence granted by the Authority
in accordance with regulations made under this Act
governing the licensing of persons as well-drillers.
(2) It shall be the duty of any person who is the
holder of a well-driller’s licence and who contracts to sink,
construct, enlarge or otherwise alter a well on behalf of any
person to satisfy himself prior to commencing any work
that the other person-
(a) holds a valid licence under this Act to abstract and
use water;
(b) has obtained written consent from the Authority in
pursuance of section 34 (1); or
(c) is, by virtue of the provisions of section 19 (2),
entitled to abstract and use water without a licence.
(3) For the purposes of subsection (1) a person shall
be regarded as practising as a well-driller if he sinks, constructs,
enlarges or otherwise alters a well for hire or reward
well-driller
me inclusion of this page is authorized by L.N. 96/ 19981
WATER RESOURCES 23
whether or not such sinking, construction, enlargement or
alteration occurs on one occasion only.
36.-(1) Any person who proposes to construct any new w~ll+i!ling
and mrnmg boring, or to enlarge or otherwise alter any existing boring, omtions.
for the purpose of searching for or extracting minerals or
other substances under a relevant statute shall take such
measures as may be required by the Authority for conserving
underground water, being measures which, in the opinion
of the Authority, will not interfere with the winning of
minerals or other substances and shall submit to the Authority,
at its request, such data or other information as the
Authority may require in connection with such construction
or enlargement, as the case may be.
(2) Information required pursuant to subsection (1)
shall be forwarded to the Authority within thirty days of the
date of a request therefor or such longer period as the
Authority may allow.
(3) In this section, “relevant statute” means-
(a) the Mining Act;
(b) the Petroleum Ad; or
(c) any other Act which regulates the winning of substances.
37.-(1) Subject to subsection (2), no person shall cause =kd
or allow any underground water to run to waste from any vmterfrwn
well or other work except for the purpose of testing the hhl.
extent or quality of the supply or cleaning, sterilizing, examining
or repairing the well or other work.
(2) Where underground water interferes or threatens
to interfere with the execution or operation of any underground
works, it shall not be unlawful under this subsection
to cause or allow the water to run to waste so far as may be
wells mme
inclusion of this pa%e is authorized 4y L.N. 96/ 19981
24 WATER RESOURCES
necessary to enable the works to be executed or operated,
if no other method of disposing of the water is reasonably
practicable.
Special Power of Authority in relation to Aquifers
38. The Authority shall have power-
(a) to determine the safe yield of any aquifer for the
purpose of guiding determinations concerning the
abstraction and use of water from the aquifer;
(b) to impose special requirements and restrictions
with respect to artesian wells, for the purpose of
preventing waste or contamination of water, or
loss of artesian pressure; and
(c) to carry out programmes for the recharge of aquifers,
and for the purpose of paragraph (a) “safe yield” means the
aiiiount of water which may be abstracted from an aquifer
at a rate which would not reduce the supply to such an
extent as would render such abstraction harmful to the
aquifer itself or to the quality of the water and would not
affect the economic feasibility of other abstractions.
PART V. Control of Water Quality
Water Quality Control Plans
39. If the Minister, on the recommendation of the Authority
and after consultation with the Advisory Committee,
is satisfied that a plan of co-ordinated measures for the protection
of the quality of water resources in any area is
necessary in the public interest, he may make an order defining
the area in question, and declaring the area to be a
Water Quality Control Area.
[The inclusion d this page is authorized ljy LN. 96/1%]
WATER RESOURCES 25
40.-(1) In respect of each area declared a Water Quality W s w
Control Area, the Authority shall prepare and submit to amtd
the Minister for approval a draft Water Quality Control
Plan.
Plan.
(2) The Minister shall not approve a draft Water
Quality Control Plan or any revision thereof submitted pursuant
to subsection (1) unless the Advisory Committee has
advised him in respect thereof, but if the Advisory Committee
does not give its advice within ninety days of the date of
a request therefor or within such longer period as the Minister
may in any case allow, the Minister may act without
such advice.
(3) For the purpose of preparing a draft Water
Quali`ty Control Plan in pursuance of subsection (11, the
Authority shall-
(a) conduct such studies and investigations and consult
with such persons, as it thinks appropriate,
and any body or authority exercising functions in
relation to water quality;
(b) cause to be published in the Gazette and at least
once in each of two successive weeks in a daily
newspaper circulating in Jamaica, a notice indicating
the proposals and specifying the time and
place at which, and subjeot to subsection (4), the
period during which, representations may be made
in respeot of such proposals; and
(c) hold such hearings or local inquiries as it considers
appropriate.
(4) The period specified in a notice pursuant to
paragraph (b) of subsection (3) shall not be less than thirty
days commencing on the date on which the notice was first
published in such daily newspaper as aforesaid.
me inclusion of .this page iS au6horized by L.N. 96/ 19981
26 WATER RESOURCES
(5) In respect of any Water Quality Control Area,
a draft Water Quality Control Plan shall, taking into account
the provisions of the Master Plan that are in effectinventory
and identify present and anticipated uses
of waters in the area;
inventory and identify present and anticipated discharges
of waste into any waters in the area, on
the ground or into the ground;
inventory controlled land uses;
identify environmental and scenic values to be
protected;
fix such ambient water quality standards as will
satisfy the needs identified in pursuance of paragraphs
(a) and (4;
establish critical locations where the standards
fixed in pursuance of paragraph (e) are required
to be met.
(6) In addition to the matters listed in subsection
(3, a draft Water Quality Control Plan shall make provision
for-
(a) the achievement of the ambient water quality
standards fixed in pursuance of paragraph (e)
of subsection ((5) including, if appropriate and
desirable, a timetable for the scheduled achievement
of those standards, if the waters in respeut
of which ambient water quality standards are in
effect fail to meet those standards at such critical
locations as are established in pursuance of paragraph
(f) of subsection (5); and
(b) the maintenance of such ambient water quality
standards as have been fixed in pursuance of
paragraph (e) of subsection (3, if the waters in
respect to which those standards have been fixed
meet the standards at such critical locations as are
-
p c inclusion d this page is authorized ,b@ LN. 961 lq981
WATER RESOURCES 27
established in pursuance of paragraph (0 of subsection
(5).
(7) If he is satisfied with a draft Water Quality Con-
(a) shall, subject to negative resolution, by notice published
in the Gazette declare it to be an approved
Water Quality Control Plan and shall specify in
such notice the date on which the Water Quality
Control Plan shall take effect;
(b) shall cause the approved Plan to be published in
the Gazette;
(c) shall cause such Plan to be made available to all
departments and agencies of Government responsible
for administering controlled land uses, to
any local authority for the area affected by the
Plan, having responsibility for administering controlled
land use in that area, and to any other body
which the Minister thinks may be affected by the
Plan in view of the nature of the activities in which
that body is engaged; and
(d) shall cause a notice to be published in at least one
issue of a daily newspaper circulating in Jamaica
stating that the approved Plan is available to the
general public for inspection at the office of the
Authority on payment of the prescribed fee.
(8) The Authority shall cause to be prepared and
shall submit to the Minister for approval an annual revision
of any Water Quality Control Plan or of any part thereof
and for the purposes of such revision, the Authority and the
Minister shall have the like funotions as are exercisable
under this section in relation to the preparation of the draft
Water Quality Control Plan.
(9) The Minister shall not later than six months after
the completion of an annual revision of the whole or any
trol Plan, the Minister-
[The inCluSitm of this page is auehorized & L.N. 96/ 19981
2a WATER RESOURCES
part of the approved Water Quality Control Plan, cause a
copy of that revision to be laid on the Table of the House of
Representatives and on the Table of the Senate.
(10) A failure on the part of any person to observe
any provision of a Water Quality Control Plan which is for
the time being in operation, shall not of itself render him
liable to any proceedings; but in any proceedings before
the Authority, any provision of a Water Quality Control
Plan which appears to the Authority to be relevant to any
question arising in the proceedings, and any failure by any
person to observe that provision, shall be taken into
account by the Authority in determining that question.
(1 1) In this section “controlled land use” means any
use of land and the natural resources therein which is
regulated under any of the following statutes, that is to say-
(a) the Forest Act;
(b) the Watersheds Protection Act;
(c) the Mining Act;
(6) the Petroleum Act;
(e) the Quarries Control Act;
(f, the Rural Agricultural Development Act;
(g) the Town and Country Planning Act; and
(h) any other enactment in force for the time being,
which regulates the development, conservation and
use of land and the natural resources therein.
PART VI. Supplementary Powers of Authority
hhrcanent
controls.
41.-(1) If it appears to the Authority thatof
rqgdatomy
(a) any water has been or is being abstracted and used,
or any works instrumental thereto have been or
are being constructed, or altered, without a valid
licence under this Act; or
[The inclusion d this page is authorized by L.N. %/1%B]
WATER RESOURCES 29
(b) any borings have been or are being carried out for
the purpose of searching for underground water,
without a written consent under this Act; or
(c) any conditions subject to which a licence or consent
to carry out any of the activities referred to in
paragraph (a) or ~(b) (hereinafter referred to as
“water-related activities”) have not been or are not
being complied with,
the Authority may, pursuant to this section, serve on a person
described in subsection (2) a notice (hereinafter referred
to as an “enforcement notice”).
(2) The person referred to in subsection (I) is a
person-
(a) who appears to have carried out or to be carrying
out an activity in respect of which a licence or consent
is required under this Act, without a valid
licence or consent; or
‘(b) who appears to have failed to comply with any of
the conditions subject to which the licence or consent
had been granted,
whichever is appropriate in any particular case.
under subsection (1)-
(3) The Authority shall specify in a notice served
(a) the water-related activity which is alleged to have
been carried out without a valid licence or consent
as aforesaid or, as the case may be, the matter
in respect of which it is alleged that any such conditions
as aforesaid have not been complied with;
and
(b) the period within which an appeal against its decision
may be made pursuant to subsection (6),
and subject to subsection (41, may require such steps as may
be specified in the notice to be taken within such period as
- me inclusion of this page is authorized by L.N. %/I9981
30 WATER RESOURCES
may be so specified for restoring the land and the waters to
their condition before the water-related activity took place,
or for securing compliance with the conditions, as the case
may be, and in particular may, for the purpose aforesaid,
require the demolition or alteration of any works, the discontinuance
of any use of the waters or the carrying out on
land of any operations.
~(4) The Authority may, in the notice, order the
immediate cessation of the offending action if it is of the
opinion that the circumstances giving rise to the notice are
such as to warrant an order to that effect.
(5) If any person on whom an enforcement notice is
served under this section is aggrieved by the notice, he may
at any time within the period specified in the notice appeal
against the notice to the Resident Magistrate’s Court for
the parish in which the water-related activity to which the
notice relates takes or took place; and on any such appeal
the Court in a summary manner-
(a) if satisfied that permission was granted under this
Act for the water-related activity to which the
notice relates, or that no such permission was required
in respect thereof or that the conditions
subject to which such permission was granted have
been complied with, shall quash the notice to which’
the appeal relates;
(b) if not so sati,sfied, but satisfied that the requirements
of the notice exceed what is necessary for
restoring the land and the waters to their condition
before the water-related activity took place,
or for securing compliance with the conditions, as
the case may be, shall vary the notice accordingly;
(c) in any other case, shall dismiss the appeal:
Provided that where the enforcement ndice is varied
or the appeal is dismissed the Court may, if it thinks
[The inclusion of this page is authorized by L.N. %/1998]
WATER RESOURCES 31
fit, direct that the enforcement notice shall not take effect
until such date (not being later than twenty-eight days from
the determination of the appeal) as the Court may think fit.
(6) Where an appeal is made against an enforcement
notice in which the cessation of the offending activity is
ordered, the notice shall remain in effect pending the final
determination or withdrawal of the appeal.
(7) Any person aggrieved by a decision of a Court
under subsection (6) may appeal against that decision to the
Court of Appeal.
42.-(1) Where an enforcement notice takes effect and &!&?;:;
within the period specified therein or within such extended mm
period as the Authority may allow any steps required by
the notice to be taken have not been taken, the Authority
may enter on the land on which the water-related activity to
which the notice relates is or was carried on and take those
steps.
(2) Any amount reasonably incurred by the Authority
pursuant to subsection (1) may, without limit of
amount, be recovered as a simple contract debt in the Resident
Magistrate’s Court of the parish in which the steps
aforesaid were taken, from the person who-
(a) being the holder of a licence or consent under this
Act, has failed to comply with a condition of the
licence or consent affecting water-related activities;
or
(b) has carried out a water-related activity in respect
of which a licence or consent is required under
this Act, without a valid licence or consent.
(3) A person who, having been entitled to appeal to
the Court under section 41 (7), fails to make such an appeal
shall not be entitled in proceedings under subsection (2) to
cdbrwnent.
[The inclusion of this page is authorized by L.N. 96 / 19981
32 WATER RESOURCES
dispute the validiy of the action taken by the Authority
upon any ground which could have been raised in such
appeal.
(4) Any person who uses water or causes or permits
water to be used or carries out or causes or permits to be
carried out any operations in contraven\tion of an enforcement
notice, commits an offence under this Act.
PART VII. General
43.41) Subject to the provisions of this section, any
aggrieved person, as defined in subsection (4), may appeal
to the Minister, within such time and in such manner as
may be prescribed, against a decision of the Authority in
relation to a licence or consent granted under this Act.
(2) Before determining the appeal the Minister shall
afford the aggrieved person an opportunity to be heard and
to be represented by an attorney-at-law or any other person.
Appeal.
(3) The Minister may-
(a) dismiss the appeal and confirm the decision;
(6) allow the appeal and set aside the decision;
(c) vary the decision;
(d) allow the appeal and direct that the matter, the subject
of the appeal, be determined afresh by the
Authority.
(4) For the purposes of this section an aggrieved
(a) who objects to a decision of the Authority pursuant
to this Act with respect to his application for a
licence or consent or to any term or condition
subject to which the licence or consent, as the case
may be, is granted;
(6) who, not being a person described in paragraph
(a), had pursuant to a provision of this Act made
person is a person-
[The inclusion af this pa%e ik authorized by L.N. 96 /1998]
WATER RESOURCES 33
representations to the Authority in respect of an
application by some other person for the grant of
a licence or consent, and objects to the Authority’s
decision in respect to such application on the
grounds that it is prejudicial to a right or interest
held by him;
(c) who-
(i) is the holder of a licence under this Act; or
(ii) has obtained the Authority’s consent in relation
to some activity; or
(iii) is a person who is entitled pursuant to
section 19 (2) to act without a licence,
and objects to a decision of the Authority relating
to or affeding such licence, consent, or relating to
or affecting such entitlement.
44.-(1) Any person who contravenes the provisions of P~KM?s.
seotion 19, 34 or 35 (1) or any regulations made under this
Act in relation to any such provision shall be guilty of an
offence and shall be liable on summary conviction before a
Resident Magistrate’s Court to a fine not exceeding fifty
thousand dollars and in default of payment thereof to imprisonment,
with or without hard labour, for a term not exceeding
two years, and where such offence is continued after conviction,
such person shall be guilty of a continuing offence
and in respect of each day during which such offence continues
shall be liable to a fine not exceeding ten thousand
dollars.
(2) Any person who conltravenes the provisions of
section 35 (2), 36 or 37 or any regulations made under
this Act in relation to such provisions, or who is guilty
of an offence under section 42, shall be liable on summary
conviction before a Resident Magistrate to a fine not
exceeding twenty thousand dollars and in default of
34 WATER RESOURCES
payment thereof to imprisonment with or without hard
labour for a term not exceeding one year, and where such
offence is continued after conviction, such person shall be
guilty of a continuing offence and in respect of each day
during which such offence continues shall be liable to a fine
not exceeding ten thousand dollars.
sumsb*
of licence
~ ~ ~ t i o n a i
pcaalwty.
45. In addition to the penalties specified in section 44,
the Authority may suspend or revoke a licence under this
Act to abstract and use water or to practise as a welldriller
if the holder of such licence wastes underground water
in violation of section 37.
Foes and
abprgw. 46.-(1) The fees payable to the Authority in relation to
the grant of a licence or consent or the rendering of any
service by the Authority shall be such as may be prescribed.
((2) In addition to such fees as are referred to in subsection
(l), such charges as may be prescribed may be imposed
in relation to licences to abstract and use water.
(3) The Minister on the recommendation of the
Authority may by order published in the Gazette exempt
any class or classes of persons from the payment, in whole
or in part, of any fees or charges imposed pursuant to this
Act.
(4) Any fees or charges payable to the Authority
pursuant to this section shall be recoverable by the Authority
as a simple contract debt in a Resident Magistrate`s
Court.
(5) Without prejudice to the recovery of any fees or
charges as provided in subsection (4), where any fees
or charges payable under this Act in respect of a licence
have not been paid within thirty days of the date of a notice
in writing demanding them, the Authority may by notice in
[The inclusion of this ptge k authorized by L.N. 96/ 19981
WATER RESOURCES 35
writing served on the holder of the licence, suspend the
operation of the licence until such fees or charges have been
paid.
47. Where an offence under this Act which has been com- 0E-s by
-fa- mitted by a body corporate is proved to have been com- tim.
mitted with the consent or connivance of, or to be attributable
to any neglect or default on the part of, a director,
manager, secretary or other similar officer of the body
corporate, or any person who is purporting to act in any
such capacity, he, as well as the body corporate, shall be
guilty of that offence and be liable to be proceeded against
and punished accordingly.
48.-(1) The Minister responsible for town and country k-00
planning shall, prior to confirming a provisional develop- ~ h ~ t y
ment order under the Town and Country Planning Act,
consult with the Authority, whenever the development order dmisio-.
involves the provision of water supplies for any purpose or
may affect surface or underground waters, or both.
(2) Until the Authority has been consulted thereon,
any matter which involves the supply of water or which
affects or may affect surface or underground waters or
both, shall not be approved or finally determined by any
person, body or agency having authority in that behalf.
49.-( 1) The Minister may make regulations generally R e W - .
for the better carrying out of the objects and purposes of
this Act and, without prejudice to the generality of the
foregoing, may make regulations in relation to-
(a) the form and manner of making an application
for any licence or consent required under this Act,
the maps, documents or information which shall
accompany such application and the matters to be
fIbe inclusion of this page k auhrized by L.N. 96/ 19981
36 WATER RESOURCES
taken into account by the Authority in considering
such application;
(b) the provisions relating to any licence or consent
which may be granted under this Act, including
the form thereof, particulars which shall be
specified therein and the terms and conditions
subject to which such licence or consent may be
granted;
(c) the grant, suspension, variation, renewal and revocation
of a licence or consent granted under this
Act;
(d) the establishment and maintenance of a register or
registers in respect of licences granted under this
Act;
(e) the registration and recording of easements constituted
under section 27;
(f) provisions for the control of well-drilling;
(g) the control of water quality;
(h) the time within which and the manner in which
an appeal to the Minister may be made under this
Act against a decision of the Authority;
(i) the fees and charges payable in respect of any
licence or consent granted under this Act or the
rendering of any service or the doing of anything
required to be rendered or done under this Act and
the manner of payment thereof;
(1) compensation where such compensation is payable
under this Act;
(k) any other matter required by this Act to be prescribed.
(2) Any regulations made pursuant to subsection (1)
shall be subject to negative resolution and may amend or
F O ~ replace the Fourth Schedule.
scbsduta
___ __ - - -- ~ ~ _ _ _ _ _
[The inclusion d this page is authorized by L.". 96/1998]
WATER RESOURCES 37
(3) Until other provision is made pursuant to this
section, the Regulations set out in the Third Schedule shall g;iule.
have effect.
50.-(1) The Minister may, by order, with effect from Modidcaany
date specified in the order, not being earlier than the zbw.
appointed day, alter any enactment if he considers such
alteration to be necessary or expedient on account of anything
contained in this Act.
(2) An order made pursuant to subsection (1) shall
be subject to affirmative resolution.
(3) In this section-
“alter” includes adapt or repeal;
“enactment” includes any instrument having the force
of law, but does not include this Act.
51. This Act binds the Crown. Act applies
tocKvwn.
PART VIII. Savings and Transitional Provisions
52.-(1) Subject to subsection (3) where a person is, by ~ntiamd
toliculca virtue of any statutory provision in force immediately before incsrlain
the appointed day, entitled to abstraot and use water, he
shall, subject to such provisions as may be prescribed, be
entitled to the grant under this Act of a licence to abstract
and use water if he applies to the Authority under this section
before the expiration of six months commencing with
the day immediately following the appointed day.
(2) Subject to subsection (3) and to such provisions
as may be prescribed, any person who satisfies the Authority
that throughout a period, not being less than five years
immediately preceding the appointed day, he openly,
peaceably and without the permission of any person or
authority abstracted and used water from a source of supply
shall, on the basis of the abtraotion and use in such manner
38 WATER RESOURCES
and for such period as aforesaid, be granted a licence by
the Authority to abstract and use water from that source
of supply if, pursuant to this subsection, he applies to the
Authority therefor before the expiration of six months commencing
with the day immediately following the appointed
day.
i(3) Nothing in subsection (1) or (2) shall be construed
as-
(a) permitting the Authority to issue a licence the terms
of which are inconsistent with the Master Plan; or
(b) exempting the licence from any other provisions of
the Act applicable thereto.
53.-(1) The Authority, if satisfied that it is in the best
interest of the management of the water resources of
Jamaica, may serve a notice on any person who is a party
to a special agreement requiring that person, within such
time as may be specified in the notice, to enter into negotiations
with the Authority with a view to reaching agreement
as to the adjustments which need to be made to the
special agreement to render it consistent with the Master
Plan and, generally, with the provisions of this Act.
(2) In this section “special agreement” means an
agreement existing between a person holding a mining
lease under the Mining Act and the Government under
which that person is entitled to abstract and use water, to
lay water pipes, to make water courses, ponds, dams or
reservoirs, to divert water or to do any other act in relation
to water which, pursuant to this Aot, requires the licence,
consent or permission of the Authority.
54. All real and personal property belonging to the
Underground Water Authority including all moneys standing
to the credit of, or receivable by, the Underground
Water Authority pursuant to the Underground Water
Control Act, now repealed, shall, on and after the appointed
[The inclusbn c6 this page is k100rized ‘by L!”. 96/ 19981
WATER RESOURCES 39
day, without any conveyance, assignment or other transfer,
belong to and be vested in the Water Resources Authority,
subject to the provisions of this Act and to any enactment
regulating the management, maintenance, control, supervision
and dealing with such property or moneys.
55.-(1) Unless and until other arrangements are made
rights to with the approval of the Minister, and subject to subsection
(2), all officers and employees holding office or serving under
the Underground Water Authority on the appointed day L y d
shall, on and after that day, hold under the Water Resources Authority.
Authority the like respective offices or employment on the
same terms and by the same tenure as they held such offices
or employments under the Underground Water Authority
before the appointed day.
(2) Unless and until other provisions are made pursuant
to this Act, the Authority may, with the approval of
the Minister, grant to any officer or employee who is holding
office or is serving under the Underground Water Authority
on the appointed day and who has served under that
Authority in an established capacity as a permanent officer
or employee, a pension, superannuation allowance or
gratuity on the same terms and subject to the same conditions
on which such pension, superannuation allowance or
gratuity would have been granted to such officer or employee
under the Underground Water Control Act, now repealed,
and, where he has service with the Water Resources Authority
under this Act, that service shall be treated as if it were
service under the Underground Water Authority.
56. In any enactment or regulations made thereunder
or in any instrument in writing issued pursuant to a statu- zMzm
tory power and having effect on or after the appointed t-o-oiaday-
Watu (a) any reference to the Underground Water Authority amml
me inclushim d this page is aulthiorized b L.N. 96/ 19981
40 WATER RESOURCES
shall be construed as a reference to the Water
Resources Authority;
(b) any reference to members of the Undeground
Water Auth,ority shall be construed as a reference
to the members of the Water Resources Authority;
(c) any reference to the powers, duties, liabilities or
property of the Underground Water Authority
shall be construed as a reference to the powers,
duties, liabilities or property of the Water Resources
Authority.
FIRST SCHEDULE
Constitution and Procedure of Water Resources Authority
(ktion 3 (2) )
1. The Authority shall consist of not less than seven persons or more
than nine to be apinted by the Minister.
2. The Minister may appoint any person to act temporarily in the
place of any member of the Authority in the case of the absence or
inability to act of such member.
3. (1) The Minister shall appoint one of the members of the Authority
to be the ohhainaan thereof.
(2) In the case of the absence or imbilit to act at any meeting
of the chairman, the remaining members of x e Authority shall elect
one of their number to act as chairman at that meeting.
4. (1) The appointment of every memiber of the Authority shall be
evidenced by an instrument in wnting, and such instrument shall state
the period of office of the member which shall not exceed three years.
(2) Every member of the Authority shall be eligible for reappointment.
5. (1) Any member of the Authority, other than the chairman, may
at any time resign his office by instrument in Writing addressed to the
Minister and transmitted through the chairman, and from the date of
the receipt by the Minister of such instrument such member shall
cease to be a member of the Authority.
(2) The chairman may at any time resign his office by instrumat
in writing addressed to the Minister and such resignation shall take
effect as from the date of the receipt of such instrument by the
Minister.
6. The names of all members of the Authority as first constituted
and every change in the membership thereof shall be published in the
Gazette.
[The incluskm d Bhis `page is authorized hy L.N. 96/ 19981
WATER RESOURCES 41
7. (1) The seal of the Authority shall be authenticated by the signa- Authenticatures
of the chairman or one member of the Authority authorized t~ tionofseal
act in that behalf, and the secretary of the Authority.
(2) All documents, other than those required by law to be under
seal, made by, and all decisions of, the Authority may be signified
under the hand of the chairman or any member authorized to act in
that behalf or the secretary of the Authority.
8. (1) The Authority shall meet at such times as may be necessary P d w
or expedient for the transaction of business, and such meetings shall *meatbe
held at such places and times and on such days as the Authority *S.
shall determine.
(2) The chairman may at any time call a special meeting of the
Authority and shall call a special meeting to be held within seven
days of a written request for that purpose addressed to him by any
two members of the Authority.
(3) The chairman or, in the w e of the absence or inability to
act of the chairman, the person elected to act as chairman in amrdance
with the provisions of sub-paragraph (2) of paragraph 3 shall
preside at the meetings of the Authority, and when 80 presiding the
chairman or the person elected as aforesaid to act as chairman. as
the case may be, shall have an original and a casting vote.
(4) The quorum of the Authority shall be four members of
the Authority including the chairman or the person elected to aot as
chairman as aforesaid.
(5) Subject to the provisions of this Schedule, the Authority may
regulate its own proceedings.
(6) The validity of any proceedings of the Authority shall not be
affected by any vacancy among the members thereof or by any defwt
in the appointment of a member thereof.
Authority such remuneration, if any (whether by way of salaries. h d
honorarium, travelling or other allowaices) as the Minister may de- members.
termine.
10. (1) The Auithority may appoint and employ at such remunera- ~ ~ ~ h t -
tion and on such terms and conditions as it thinks fit, a chief executive meatof
officer, a secretary and such other officers, ageuts and employees as it o8BCMs-d
deems necessary for the proper carrying out of the provisions of this savants.
Act :
md dWments.
9. There shall be paid to the chairman and other members of the Reanme=-
Provided that-
(a) no salary in excess of the prescribed rate per m u m shall be
assigned to any post without the prior approval of the Minister;
and
(6) no appointment shall be made to any post to which a salary
in excess of the prescribed rate is assigned without the prior
approval of the Minister.
[The indu@ion of trhis page is auihoM ‘bry L.N. 96 / 19981
42 WATER RESOURCES
(2) In subsection (1) the prescribed rate means a rate of one
hundred and fifty thousand dollars per annum or such higher rate a~
the Minister may, by order, prescribe.
(3) The Governor-General may, subject to such conditions as he
may impose, approve the appointment of any officer in the service of
the Government to any office with the Authority and any officer so
appointed shall, while so employed, in relation to any pension, gratuity
or other allowance, and in relation to other ri@ts as a public officer,
be treated as continuing in the service of the Government. .
(4) It shall be lawful for the Authority, with the approval of the
Minister to enter into arrangements respecting schemes whether by
way of insurance policies or otherwise and to make rules in respect
of medical benefits, pensions, gratuities and other retiring or disability
benefits or death benefits relating to employees of the Authority and
such arrangements or rules may include provisions for the grant d
benefits to the dependeds and the legal personal representatives of
such employees.
11. (1) No d o n . suit, prosecutim or othm proceedings shall be
brought or instituted personally against any member of the Authority
in respect of any act done bonu fide in pursuance or execution or intended
execution of this Act.
(2) Where any member of the Authority is exempt from liability
by reason only of the provisions of this paragraph, the Authority shall
be liable to the extent that it would be if that member were an
employee or agent of the Authority.
prddm
of manybm
OfA* riw.
SECOND SCHEDULE (Seaion 14(2) )
Constitution a d \Procedure of Wattr
Resources Advisory Committee
Memkddp
ofcan- appointed members.
mitt-.
1. (1) The Committee shall consist of ex opio membeas and of
(2) The following shall be ex o@io members of the Committee.
(U) the Diredor-General of the Planning Institute of Jamaica;
(b) the chief executive officer, Natural Resources Cowervation
(c) the chief exeoutive officer of the National Water Oommission;
(6) the chief executive officer of the National Irrigation Commis-
(e) the chief executive officer of the Water Remums Authority;

(3) The appointed membm shall be such members or persons
as the Minister may appoint, not exceeding five, to be members of
F e inclusion of this p g e is authorized by L.N. 96 / 19981
that is to say-
Authority;
sion;
WATER RESOURCES 43
the Committee of whom-
(U) one shall be a person appearing to the Minister to be a representative
of an organization or society r e p s m ~ agricultural
interests;
(b) one shall be a person appearing to the Minister to be a representative
of an organization representing consumers;
(c) one shall be a person appearing to the Minister to be a
representative of an organization representing the private
sedor; and
(d) one shall be a erson appearing to the Minister to be a
representative of t!e bauxite mining industry.
(4) Any ex o w o member may designate a nominee, in the case
of absence or inability to act of such member.
place of any appointed member of the Committee in the m e of the &-t-
2. The Minister may appoint any person to aat temporarily in the Tw
absence or inability to act of such member. msnts.
3. (1) The Minister shall appoint one of the members of the Committee
to be the chairman thereof.
(2) In the case of the absence or inability to act at any meeting
of the chairman, members of the Committee present at such meeting
shall elect one of their number to act as chairman at that meeting.
4. (1) The appointment of every appointed member of the corn- Tenure of
mittee shall be evidenced by an instrument in writing, and swh in- bake.
strument shall state the period of office of the member which shall
not exceed three years.
(2) Every appointed member of the Committee shall be eligible
for reappointment.
his office by inshumem in writing addressed to the Minister and th.
transmitted through the chairman, and from the date of the receipt
by the Minister of such instrument such member shall cease b be
a member of the Committee.
6. The names of all appointed members of the Chmmittee as first mlia&n
constituted and every change in the membership thereof shall be pub- b f m u u b
lished in the Gazette. w.
7. (1) The Committee shall meet at such timm as may be neces- -re
sary or expedient for the transaction of business, and such meetings ! p d w -
shall be held at such places and times and on such days as the Corn- =W.
mittee shall determine.
(2) The chairman may at any time call a special meeting of the
Committee and shall call a special meeting to be held within seven
days of a Written request for that purpose addressed to him by any
two members of the Committee.
[The indusibn rd this page is aw?horized try L.N. 96/1995]
5. Any appointed memlber of the Committee may at any time resign R&--
44 WATER RESOURCES
short title.
Matters to
be considered
by
Authority.
(3) The ohairman or, in the case of the absence or inability to
act of the chairman, the person elected to act as chairman in accordance
with the provisions of sub-paragraph (2) of paragraph 3 shall
preside at the meetings of the Committee, and when so presiding the
chairman or the person elected as aforesaid to act as chairman, as the
case may be, shall have an original and a casting vote.
(4) The quorum of the Committee shall be five members of the
Committee including the chairman or the person elected to act as chairman
as aforesaid.
(5) Subject to the provisions of this Schedule, the Committee may
regulate its own proceedings.
(6) The validity of any proceedings of the Committee shall not
be affected by any vacancy among the members thereof or by any
defect in the appointment of a mmber thereof.
(7) The chief executive officer of the Water Resources Authority
shall serve as secretary to the meetings of the Committee.
id to the appointed members of the Committee 8. There shall be
such oemuneratim i r any, whether by way of salaries, honorarium,
travelling or &er allowances as the Minister may determine.
THIRD SCHEDULE (Saotion 49(3) )
THE WATER RESOURCES REGULATIONS, 1995
PART I. Preliminary
1. These Regulations may be cited as the Water Resources Regulations,
1995.
2. In these Regulations “relevant fee” means such fee as may bc
prescribed as being payable in relation to an application pursuant to
the Aot for a licence or consent.
PART II. Licences to Abstracj and Use Water
3. (1) An application for a licence required pursuant to section 19
of the Act shall be made to the Authority in the form set out as Form
A in the Schedule.
(2) An application made under paragmph (1) shall be in duplicate
and shall be accompanied by such maps, documents or information
as the Authority may require and by the relevant fee.
(3) On receipt of an application for a licence to abstract and use
water the Authority shall ad in accordance with the proViskX~~ of
regulation 24.
4. In considering an application for a licence to abstract and use
water the Authority s h d have regard to-
(U) the provisions of the Master Plan, including any amendments
made thereto;
[The inclusion of this pgc is authorized by L.N. %/ 19981
WATER RESOURCES 45
(b) any recommendations or representation made pursuant to
regulation 24 (2) and (3), respectively;
(c) the consideration that the satisfaction of the demands of public
water supply is a matter of priority;
(d) the requirements of the applicant as specified in the application
and whether or not he has such financial and technical resources
as may be necessary for the enjoyment of the licence;
(e) the requirements of other persons who have subsisting licences
to abstract and use water;
(f) the safeguarding of public health and the environment;
(g) the requirements of in-stream uses of the water; and
(h) the requirements of land drainage.
5. (1) On consideration of an application the Authority may grant Authority
=Y lmlla
or refuse
(2) Tf the Autbority grants a licence it shall. in addition to notifying licence.
or refuse to grant a licence.
the applicant of its decision, inform in writing any person who pursuant
to regulation 24 (3) has made representations, and that person may requiE
the Authority to furnish to him in writing the reasons for its
decision.
(3) If the Authority refuses to grant a licence, it shall state in
writing the reasons for its decision and inform the applicant of his
right under the Act to appeal against the decision.
(4) A licence granted under this regulation-
(U) shall be in the form set out as Form B in the Schedule; and %hedub.
(b) shall be for such period as the Authority thinks lit.
(5) In addition to the implied term specified in section 23 of the
Act, a licence may contain such terms and conditions as the Authority
thinks appropriate, including-
(U) the term that the amount of water authorized to be abstraded
under the licence may vary according to the availability of excess
water; or
(b) the condition that certain works should be constructed within
a specified time by the person to whom the licence is granted.
(6) A licence to which paragraph (1) refers may contain different
(U) the abstraction of water during different periods:
(b) the abstraction of water from the same source of supply but
(c) the abstraction of water for use for different purposes.
(7) Nothing in paragraph (6) shall be construed to preclude a
grant by the Authority, if it thinks appropriate in any case, of two
or more licences to the same person to be held concurrently in respect
of the same source of supply, if the licences authorize the abstraction
of water at different points of the source or by different means.
[The incltision of this page is authorized hy L.N. 961 19981
F m B.
provisions relating toat
different points or by different means,
-_-___ -~ -_
46 WATER RESOURCES
Liceace not
transferable.
Renewal of
licence.
lew>Qtion. ac. of
licena on
applicarticm
of Ilansee.
6. (1) Where a licence is granted under regulation 5 subject to the
condition that specified works should be constructed within a specified
period, the Authority may, on the expiration of that period, extend the
period for the construotion of the works if the person to whom the
licence was granted so requests.
(2) On the expiration of the specified period referred to in paragraph
(1) or of such extended period as may be granted under that
paragraph or on completion of the works, if that is earlier, the Authority
shall cause the works to be inspected for the purpose of sa,tisfying
itself that the works have been properly constructed.
7. Without prejudice to regulation 16, a licence granted under regulation
5 is not transferable.
8. (1) A licence granted under regulation 5 may, on its expiration,
(a) the person to whom it was granted applies to the Authority
for renewal of the licence not later than six months before the
date on which the licence expires; and
(b) the Authority is satisfied that there has been no material
change in the circumstances which existed at the time the
licence was first granted that would justify dealing with the
application in the manner specified in parapph (2).
be renewed by the Authority if-
(2) Where the Authority-
(a) after the time specified in paragraph (1) (U), receives an appli-
(6) determines that a material change of circumstances has
it shall deal with the application as if it were a fresh application made
under regulation 3 and accordingly, all the provisions of this Part
relating to the application for a licence shall apply.
under regulation 5, the Authority may,
cation for renewal of a licence; or
occurred since the licence was first granted,
9. (1) On the application of a person to whom a licence was
(U) revoke or suspend the licence, subject to such terms and conditions
as the Authority may impose for the purpose of protecting
waters, the environment or public health; or
(b) subject to paragraph (2), vary the licence.
(2) In considering an application for the variation d a licence,
the Authority shall have regard to the matters specified in paragraphs
(a) to (A) of regulation 4, unless the variation applied for is restricted
to reducing the quantity of water authorized to be extraded under a
licence.
10. (1) Subject to paragraph (2), the Authority may, by notice
addressed to the person to whom a licence was granted under regulation
5, revoke the licence or suspend it for such period as the Authority
thinks appropriate if it is satisfied-
[The inclusion of this page is authorized b.i L.N. 96/ 19981
WATER RESOURCES 47
(U) that a breach of any provision of the Act or of these Regulations
or of any term or condition subject to which the licence
was granted has been committed; or
(b) that there has been waste or misuse of the water which may
be abstracted under the licence.
(2) Except as provided in paragraph (3), the Authority shall,
before revoking or suspending a licence, serve on the person to whom
the liceiice was granted a notice in writing-
(U) specifying the breach or default on which the Authority relies
and requiring him to rentedy it (if it is capable of remedy)
within such time as may be specified in the notice; and
(b) inforning him that he may apply to the Authority to be
heard on the matter within such time as may be specified
in the notice.
(3) The Authority shall not be obliged to serve a notice pursuant
to paragraph (2) in relation to any breach or default if an enforcement
notice pursuant to section 41 of the Act is in effect in relation
to such breach or default.
11. (I) Where a licence has been granted under regulation 5 condi- Revocation
tional on the availability of excess water, then such licence shall have of liceme
effect only so long as excess water is available for abstraction and mtadfor
use in accordance with that licence; and accordingly, where it becomes :gi:wa.
apparent to the Authority that such axces water will become unavailable
for abstraction and use under any licence granted as aforesaid,
the Authority shall notify the holder of the licence in writing of the
date (not being less than thirty days from the date of service of the
notice) on which the revocation of the licence shall take cffeot.
(2) In paragraph (I) “excess water” means such of the flow
of a river, stream or watercourse which, after satisfying the requirements
of persons who are entitled under the Aot to abstract and use the water
of that river, stream or watercourse, would ordinarily run to waste.
12. (1) Where the Authority is of the opinion that the person to R m m t h .
whom a liccnce was granted under regulation 5 has not made full use ‘‘$k;;&
of the licence during the preceding eighteen months, it may by notice foraon-zrss.
sent by registered mail to that pemn call upon him to show cause in
writing within sixty days of the date of service of the notice why the
licence should not be revoked or varied in the manner specified in the
notice and inforniing him of his right to be heard in the matter within
the period specified in paragraph (3).
(2) The Authority shall-
(U) consider any statement submitted pursuant to paragraph (1);
(6) if so required, give the person who made the statement an
Wrtunity to be heard whether in person or by his legal
representative; and
(c) thereafter declare whether the licence is revoked, varied in
such respects as may be specified, or whether it should be
unchanged .
[The inclusion of this page is authorized !by L.N. %/I9981
48 WATER RESOURCES
(3) If within sixty days of the date of service of the notice referred
to in paragraph (1) the person to whom the notice was sent
does not submit to the Authority a statement in writing of the reasons
why the licence. should not be revoked or suspended, the Authority
may declare the licence revoked or varied, as the Authority thinks fit,
and shall send to such person by registered mail a notice of that declaration.
Revocation,
Vaia%.
sus~nwn
dateopher
uscr.
13. (1) If the Authority is satisfied that a licence granted under
regulation 5 should be revoked, suspended or varied so as to acmmmodate
the needs of another user of the water to which that licence
relates, it may revoke or vary the licence by notice in writing addressed
to the holder, and thereupon the licence shall be revoked or shall have
effect only as so varied, as the case may be.
(2) A person whow licence has been revoked, suspended or
varied pursuant to paragraph (1) is entitled to receive compensation
from the user whose needs for the water have been accommodated and,
in the absence of agreement between them, the amount of compensation
shall be determined-
(U) if the amount claimed does not exceed $lO,OOO by a Resident
Magistrate’s oourt; or
(b) in any other case, by a Judge in Chambers.
Substitution
Of SWlYOr
mum Of
14. (1) Subiect to any powers exercisable under the Ad in relation
to an emergency area, if the Authority is of the opinion that it is in the
best interests of the management, conservation, development and use
of the water resources it may, in relation to any licence granted under
regulation 5, suMitute a supply or source of surface water for a supply
or source of underground water, and vice versa.
(2) If the substitution is made for the purposes of accommiodating
the needs of another user of water, the Authvrity in exercising its powers
under paragraph (1) may stipulate that campensation be paid by that
person to any person whose licence has been varied on account of the
substitution and if there is no agreement as to the amount of compensation,
the matter shall be determined in the manner specified in
regulation 13.
water.
Varbtionof 15. If the Authority considers it necessary in the public interest, it
licencefor may vary a licence to abstract and use water in respect of the points
cmah Other or methods of abstraction, or both, for the purpose of-
(a) proteoting the source of water t . ~ which the licence relates wmom.
(b) ensuring the efficient allocation and use of water; or
(c) proteoting the rights of third panties,
from depletion or pollution;
and no liability shall attach to the Authorit by reason of such variation
nor shall the liability of the holder of the Zcence to pay any charge or
fee be affeoted.
me inclusion of this page is authorized by L.N. %/19981
WA TE R RESOURCES 49
16. (1) Where any person succeeds to the interwts of a holder of a E8-d
licence granted under t h i s Paa (hereinafter referred to as “the original L-2
licensee”) in circumstances, whether on the death of the original licensee. of licensee,
or otherwise, such that the continued operation of those interests involves
the question of a grant of a licence under this Part in like terms
as that held by the original licensee, then, subject to paragraph (2). that
person may apply to the Authority for such a licence.
(2) An application under paragraph (1) shall be made to the
Authority within thirty days of the applicant’s acquisition of the
interest or such longer period, not exceeding ninety days as the Authority
may in any case allow, and the Authority may, without going through
the process required by regulation 3 (3) and regulation 4, grant the
applicant a licence, if it thinks fit, on the terms applicable to the original
licensee.
(3) Where a person to whom paragraph (1) refers fails to notify
the Authority within the time allowed under paragraph (2) or the
Authority does not grant him a licence pursuant to that paragraph,
such person shall not continue to abstract and use water except under
and in accordance with a licence granted under regulation 5.
17. (1) The owner of land over which an easement was conatituited
by agreement may not terminate the easement unless-
(a) he serves a notice upon the person to whom the easemeat
was granted requiring him within thirty days of the notice.
to show cause to the Authority why the easement should not
be terminated and such person fails to show any or sufficient
cause; and
(b) not later than the date of service of the notice referred to in
paragraph (U) he notifies the Authority of his intention to
terminate the easemenlt and submits to the Authority a copy
of such notice.
(2) An easement constituted under section 27 of the Act shall,
if not earlier teminated, expire wi4h the expimtion of the licence
in relation to which it was granted.
PART 111. Protection of Underground Ware
18. (1) An application for the consent of the Authority required a n e a f m
under section 34 of the Aat to sink, enlarge or otherwise alter a well- w a l l a n .
(a) shall be made to the Authority-in the form set out as Form Eg‘4‘Cf. -
C in the Schedule; and
(b) shall be accompanied by such maps, documents or inbrmation
as the Authority may require and by the relevant fee.
(2) The Authority may granct its consent subject to such conditions
as i,t thinks fit or withhold its consent and where the consent is
granted, it shall be in the form set out at Form D in the Schedule.
(3) If the Authority withholds its consent. it shall state in writing
the reasons for its decision and inform the appliant of his right
under the Act to appeal against that decision.
me inclusion of this page is authorized by L.N. Y6/1998]
F O ~ D.
50 WATER RESOURCES
(4) A consent granted pursuant to paragraph (2) may be
(U) at the request in writing of the person to whom the consent
was given; or
(b) by the Authority by notice in writing addressed to that
person, for breach of any requirements of thc Act or these
Regulations relating to the consent or for the breach of any of
the cunditions subject to which the consent was granted.
(5) Before suspending or revoking its consent under subparagraph
(b) of paragraph (4) the Authority shall serve on the person to
whom the consent was granted a notice in writing-
(U) specifying the breach on which the Authority relies and requiring
him to remedy it (if it is capable of remedy) within
such time as may be specified in the notice; and
(6) informing him that he may apply to the Authority to be heard
on the matter within such time as may be specified in the
notice.
suspended or revoked-
Well- 19. (1) An application for a welldriller’s licence required under
driller’s section 35 of the Act may be made to the Authority in the form set
Iianw. out as Form E in the Schedule and shall be accompanied by such zF documents or information as the Authority may require and by the
relevant fee.
(2) The Authority may, subject to such terms and conditions as
it thinks fit, grant a well-driller’s licence or refuse It0 grant it but shall
grant such a licence if it is satisfied that the applicant has the requisite
professional qualification.
(3) A licence granted under paragraph (2) shall be in the form
set out as Form F in the Schedule.
(4) If the Authority refuses to grant a welldriller’s licence, it
shall state in writing the reasons for its decision and inform the
applicant of his right under the Aot to appeal against the decision.
20. (1) A well-driller’s licence may be suspended or revoked-
FomF.
lbwcatbn
of welldrillar’s
licence.
(a) at the request of the holder of the licence; or
(t)) by the Authority by notice in writing addressed to that person
on account of a breach of any provisions of the Aot or of these
Regulations relating to the sinking of wells or of any of the
terms and conditions subject to whi-d the licence was granted.
(2) Before suspending or revoking the licence of a well-driller
under sub-pamgmph (b) of paragraph (l), ,&he Authority shall serve on
him a notice in writing-
(U) specifying the breach on which the Authority relies and requiring
him to remedy it (if it is capable of remedy) within
such time as may be specified in the notice; and
(b) informing him that he may apply to the Authority to be heard
on the matter within such time as may be specified in the
notice.
me inclusion of this page is authorized by L.N. 96 ‘19981
WATER RESOURCES 51
21. The provisions of regulation 8 shall apply, mufatis mufundis, `Ren-l
in respect of the renewal of a well-driller`s licence as they apply in
respect of the renewal of a licence (to abstract and use water. licence.
PART IV. Miscellaneous Powers of Authority
22. (1) The Authority may, by notice in writing, require any person b r m
who- quire indevices,
In-
(b) is entitled to abstraot and use water without a licence in pur- formation.
(U) is the holder of a licence issued under regulation 5 to abstract stal& of
and use wa4e-r; or
suance of the provisions of section 19 (2) of the Act,
to imtalI and maintain such measuring devices, to keep such records,
and to furnish in such form and manner and within such time as may
be specified in the notice, such periodical or other returns or information
as may be specified in the notice.
(2) Any person on whom a notice is served under paragraph (1)
and who considers that the direotions contained in the notice are
unreasonable or unduly onerous may make representations to the
Minister with r e s p t to them; and the Minister after consultation with
the Authority may, if it th`ininks fit, dkeot the Authority to revoke or
modify them.
(3) Any person who fails to comply with a notice under this
regulation shall be liable to the penalties specified in section 44 (2) of
the Act.
23. (1) Any person duly authorized in writing by the Authority may POW-O~
entry, inrevisions
of the Act or =&
at any reasonable time enter upon any land for the purpose of-
(U) monitoring compliance with the
these Regulations, or with any o s the terms or conditions -leS.
subject to which a licence, easement or consent has been
granlted;
(b) inspecting and investigating conditions relating to the occurrence
and quality of surface and underground waters, including,
in particular-
(i) installing, maintaining and reading equipment and
apparatus for the recording of hydrological and hydrogeological
data; and
(ii) searching for the purpose of ascertaining the occurrence
and quality of underground water;
(c) readin or testing any meter or other measuring device instalredg
for the purpose of ascertaining the amount or rate
of water abstracted in pursuance of a licence granted under
these Regulations;
(4 taking measures to ascertain the quantity of water abstraated
or capable of being abtraclted by means of any works; and
(e) examining records which are required to be kept under the
Aot or these Regulations.
m e indusion Oa this page k admrized by L.N. 96,`1998]
52 WATER RESOURCES
(2) A person authorized under this regulation to enter upon any
land shall, if so required, produce evidence of his authority before so
entering.
(3) Any person who wilfully obstructs a person acting in the
exercise of his powers under this regulation shall be liable U, the
penalties specified in section 44 (2) of the Act.
(4) If a person discloses any information obtained by him in the
exercise of powers conferred on him by this regulation as to any manufacturing
process or trade secret he shall, unless the disclosure is made
in the course of performing his duty, be liable to the penalties specified
in section 44 (2) of the Act.
(5) The Authority shall, on demand being made by the owner or
any other person having an injterest over any land, live or dead stock.
crop, trees, buildings or works that are damaged by the Authority in
the exercise of any functions under the Act or these Regulations, pay
to the owner or other person fair and reasonable compensation in
respect of such damage.
PART VI. General
proosdureon
r b v t
applidm
for licence.
24. (1) On receipt of an application for a licence to abstract and
(U) to be published in the Guzetze and once in each of two SUCcessive
weeks in a daily newspaper circulating in Jamaica;
and
(b) to be served on any person or body who, in the opinion of
the Authority, may be affeated by the proposed ab6tmotion
and use of water.
(2) The Authority shall also submit an application referred to
in paragraph (1) to any agency or department of Government exercising
functions in relation to water and such agency or department may,
within the specified eriod, make such recommendations as it thinks
use water the Authority shall cause a notice of the applicationfit
respecting the app P ication.
(3) A notice under paragraph (1) shall-
(a) indicate the place at which the application and all dwuments
submitted with it may be inspeoted by the public, free of
charge, at all reasonable hours during the specified period; and
(b) state that any person may, within the specified period, make
representations to the Authority with respect to the application.
(4) In this regulation “specified period” means a period of
thirty days or such further period as the Authority may allow from the
date on which a notice of the application was, pursuant to paragraph
(1) (a), first published in such daily newspaper or, from the date of
submission of the application to such department or agency, as the
case may be.
me inclusion of shis page & authorized by L.N. 96/ 19981
WA TER RESOURCES 53
25. (1) The Aufthonty shall keep, in such manner as it think8 fit, a Red1ter.
register or registers in which shall be kept a record of-
(U) every licence granted to abstract and use water;
(b) any consent granted for welldrilling; and
(c) every well-driller’s licence,
and all actions taken under the Aot or these Regulations in respect of
any such licence or consent shall be entered in the appropriate register.
(2) Eve? register to which aragraph (1) refers shall be open
able hours, free of charge, and the Au?hority shall arrange for copies of
any enltry in an such register as aforesaid to be provided to any person
on his request dhe pays such fee as may be prescribed.
for inspection y the public at the o li ces of the Authority at all reason-
26. An easement constituted under the Act by apementt shall- Regjstmtioa
(U) where the land over or in favour cvf which the easement was s&yzding
created is under the operation of the Registration of Titles moat.
Aot, be registered by the Registrar of Titles; and
(6) where such land as aforesaid is not under the operation of
the Registration of Title? Act, be recorded by the Deputy
Keeper of the Records,
on production of the agreement or, as the case may be, order relating
to the easement or a copy of such agreement and a diagram prepared
by the Director of Surveys or any commissioned land surveyor showing
the position of the easement.
27. (1) Any person who, pursuant to a licence granted under this Inf-dm
Ad to abstract and use water, is authorized to sink a well and to ~ t a
abstract underground water or who, in pmwce of the provisions of undmwuad
section 19 (2), intends to sink a well and to abstract underground water
shall, upon the commencement of such work, keep a journal of the progress
of the work which shall include measurements of the strata
passed thmugh and of the levels at which water is struck and subsequently
rests and shall, when so required by the Authority, keep
specimens of the material excavated from the well. and shall allow
any perm authorized in writing by the Authority for the purpose at all
reasonable time-
(U) to have free access to any such well;
(b) to inspect the well and the material excavated therefrm;
(c) to take specimens of such mateaid and of water abstraoted
(d) to ins t and take copies of or extracts from the journal re-
(2) The pemn si&ing any suoh well shall, within thirty days
after completion or abandonment of the work. send a complete copy of
the ‘oumal kept under subsection (1) to the Auhd~ty and shall also
send’ to the ~uthority particulars of any tm made of the flow of water
Wore such completion or abandonment, spcdying the rate of flow
thughout the test and the duration of the test and also, where
me incl- of this m e is aunplorized by L.N. 96 / 19981
from the well; and
q u s o be kept under this subseaion.
54 WATER RESOURCES
practicable, speoifying the water levels during the test and thereafter until
the water has returned to its natural level.
(3) Whexe any such well is sunk in connection with an existing
pumping station. the particulars of any test to be supplied to the
Authority shall also include the rate d pumping at the existing works
during the test.
(4) Where the person sinkhg a well on any land is not the occupier
of the land, the obligation to allow a person a u t h o r 4 by the Authorit
to exercise the rights specified in subqmragraphs (U) to (6) of paragrd
(1) shall be the obligation of the occupier as well as the person sinking
the well.
(5) The Authorit may waive any or all the requirements prescribed
in paragraphs 6) to (3) in respect of the sinking of any well
for purposes of abstracting underground waier-
(U) if such well does not reach a depth of fifty feet; or
(b) where the Authority is satisfied that in all the circumstances,
compliance with any requirements of those paragraphs is
impracticable or undue expense would be thereby incurred.
proviaionr
relathuto
-1.
28. (1) Every appeal to the Minister pursuant to section 43 of the
(U) shall be cummnenced by a notice of appeal which shall be
addressed to and served upon the Permanent Secretary; and
(b) shall be served within fourteen days of the date of notification
of the decision in respeot of which the appal is made.
1 may be in the form of a letter and shall
subjexA matter of the appeal arose, and there shall be attached tro such
n&ce copies of any correspondence or other documents or statements
verified by statutory declaration of facts relating to the subject matter
of the appeal.
(3) The appellant shall send a copy of the notice of appeal CO
the Authority and shall dso serve a copy thereof. together w& copies
of any documents attached thereto, upon the respondent within the
same time as a notice of appeal is required under paragraph (1) ,to
be served, and an affidavit verifying such service shall be delivered to
the Permanent Secretary.
(4) Within seven days of the receipt of such aflidavit. the
Permanent Secretary may request the Authority to furnish a statement
in writing setting out the reasons for the decismns complained of, and
the Authority shall comply therewith as won as practicable after the
request is made.
(5) The Minister may order that any books, papers or other
documents, relating to the subjeot matter of the appeal which are in
the possession of either party shall be produced by the party in possession
thereof.
Act against a decision of the Authority-
(2) The notice of ap
set forth clearly the grou n$8 s of the appeal, and the date upon which the
F e holsusion of bhis page tP authorized by L.N. %/ 19981
WATER RESOURCES 55
PART VII. Transitional Provisions
29. In this Part “prescribed enactment” means- ItlitOXpl-dBtion
d
Part VII. (U) section 19 (1) of the Irrigation Act;
(b) seotion 3, 6 or 7 of the Kingston and St. Andrew Water
(c) section 19 (I) (e), 35 (e) or 50 of the Mining Act;
(d) section 23 of the Petroleum Act.
Supply Act;
30. (1) A licence of right referred to in section 54 (1) of the Act Licsaaa
shall be in the same form as that set out for a licence granted pursuant ofrieht.
to regulation 5 and shall also be subject to the implied term specified
in section 23 of the Act.
(2) In determining the quantity of water that it should authorize
to be abstracted and used under a licence of right, the Authority-
(U) shall m i d e r whether or not the applicant is entitled to
abstract and use water in the exercise of any right existing
immediately before the appointed day undex or pursuant to a
prescribed enadmak and
(b) shall have regard It0 the requirements of the applicant as
(i) works, machinery or apparatus which were constructed
or installed before the appointed day or which were in
the muse of being constructed or installed before that
day; or
(ii) such other evidence as the Authority thinks reasonable
and appropriate.
(3) In making provision as to the purpose for which watm may
(U) shall take into accoullt the purpose for which the water was
abstracted and used in exercise of the right existing
immediately before the appointed day under or pursuant to a
prescribed enactment; and
(6) shall have regard to the requirements of the a licant as
deteamined by such evidence as lthe Authority &s m n -
able and appropriate.
31. (1) A licence to abstract and use water granted pursuant to Lhnes
section 54 (2) of the Act shall be in the same form as that set out for W o n
a licence granted pursuant to regulation 5 and shall also be subject to longuw*
the implied term specified in section 23 of the Act.
to be abstracted and used under such licence the Adorityindicated
bybe
abstraoted under the licence of right, the Authority-
(2) In determining the quantity of water that it should authorize
(U) shall take into account the quantities of water used d d q
the period referred to in section 54 (2) of the Ad;
(b) shall have regard 60 the requirements of the applicant as
mentioned in sub-paragraph (6) of paragraph (2) of regulation
30.
me inclusion of bhh page is authorized by L.N. 96/ 19981
56 WATER RESOURCES
(3) In making provision as to the purpose for which water may
be abstraded under a licence to which this section refers. the Authority-
(U) shall have regard to the purpose for which the water waa
abstracted and used during the period referred to in section
54 (2) of the Act; and
(b) shall take into account the requirements of the applicant as
determined by such evidence as the Authority thinks reasonable
and appropriate.
~ppliathm
of e.M
WOdns.
32. The provisions of these Regulations relating to the revocation,
suspension and variation of a licence granted under Part I1 to abstract
and use water and to all the procedures to be followed by an applicant
and the Authority with respect to an application therefor shall apply
mutatis murandis to a licence granted pursuant to this Part.
Reasons*
var~in~m
of Water
be in he granted. writing.
33. The Authority shall state in writing the reasons for any decision
made pursuant to this Part which has the effect of varying the use
of water in respect of which a licence to which this Part refers may
SCHEDULE (Regulations 3 (l), 5 (4).
18 (11, (2). 190). (3).
30(1) )
(Regulation 3 (1) ) FORM A
(To be completed in duplicate)
Application No ..................
"HE WATER RESOURCE3 ACT
1. Name of Applicant ...............................................................
2. Address of Applicant.. ..........................................................
3. Location of proposed work or of existing work in respeot of which
exltension is proposed .......................................
4. Name of Contractor ............................................................
5. Address of Contractor .........................................................
6. Source of water for which licence is desired ..............................
hPLICATION FOR A LICENCE `ID ABSTRACT AND USE WATER
alteration or
........................................................................................
7. Purpose for which water is to be used .......................................
........................................................................................
me inclusion of this page is authorized by L.N. %/1998]
WA TER RESOURCES 57
8. If water is required for irrigation, state-
(a) area and crop type to be irrigated.. .......... .:. ..................
............................................................................
(6) system of irrigation ...................................................
............................................................................
9. Means of disposal of excess or waste water ..............................
........................................................................................
........................................................................................
10. Technical details:
(i) %bated depth of borehole or well .................. metres
(ii) Diameter or borehole or well ..................... centimetres .
(iii) In the case of antesian supplies, the method pmposed for
controlling the flow from the borehole and for preventing
leakage around the borehole lining ..............................
............................................................................
(iv) Geological strata from which water is to be drawn, e.g.
li,mestone, gravel, etc.. ..............................................
(v) State the method of abstracting water.. ......................
...........................................................................
(vi) Maximum daily quantity of water to be abstracted in
cubic metres.. ..........................................................
(vii) Type of apparatus proposed for measuring and recording
the rate of abstraction.. ..............................................
(viii) Other relevant technical information.. .........................
...........................................................................
11. State whether any request for a supply of water has been made to
the National Water C4nnmiwitm or National Irrigation Commis.
sion Ltd. and, if so, with what result .......................................
........................................................................................
12. Any further information which the Authority may take into
account in considering the application.. ..................................
........................................................................................
........................................................................................
m e inclusion ofthis mge h authorized ,by L.N. 961 19981
WATER RESOURCES
Note :
Completed forms must be accompanied by:
(1) ltwo copies of a map on a scale of 1 : 50,000 showing
location of works;
(2) such other documents as the Authority may require; and
(3) the relevant fee.
I hereby appl for a licence under the Water Resourcee Act and
declare that to d e best of my knowledge and belief the particulars set
out in this application are true and correct.
.......................................... ..............................
Signature of Appli- mite
To be Completed `by the Secretary of the Authority
Indicate whether licence granted or refused ....................................
Date of grant or r e W of licence ............................................. :..
If application refused, reason for refusal .......................................
[E"`-
..............................................................................................
..............................................................................................
.............................................
Sacratary,
Wates Resourcee Authority.
.............................................
Date
FORM B (Regulation S(4) )
Licence No ..................
THE WATER RESOURCES ACT
LICENCE To ABSTIUcr AND USE WATER
........................................................................................... ot
Name of Licensee
..............................................................................................
Address of Licensee
is hereby granted a licence to abstmat and use water, mbjeut to the
provisions of the Water Resources Act and Regulations made &meunder
and to the terms and conditions herein spe4fied.
____ _____I_
p e klimion &is pp`ge is a&hmized iby L.N. 96 / 19981
WATER RESOURCES 59
Terms and Conditions of Licence
1. Water may be abstracted pursuant to this licence only from ......
(source)
.............................. located at .............................................
such abstraction to be at a rate not exceeding ..................... cubic
metres per day.
2. Water abstracted pursuant to this licence may be used for the
following purposes only:
........................................................................................
........................................................................................
.........................................................................................
3. Water may be abstracted pursuant to this licence in the following
manner only: ......................................................................
.......................................................................................
.......................................................................................
4. Within thirty (30) days d the installation of the pump by which
water is to be abstracted the licensee shall install on the supply line
leading from such pump, a full flow metex (of a type approved by
the Authority) for the pwpose of measuring the water abstracted.
5. The licensee shall make a monthly return to the Authority of the
amount of water abstracted.
6. The licence becomes null and void if within twelve months from
the date of the issue thereof, no water is abstracted or used ftiom
the approved source pursuant to such licence.
7. The licence shall be valid for a period of.. ..................... .from
the date of the issue thereof, subject to the provisions of the Act
and Reguh4ions made thereunder relating to its revocation. ampension
and variation.
F e ~ ~ ~ d b ~ i s ~ L ~ ~ i z e d 1 ~ L . N . %/1998]
60
Dated this
WATER RESOURCES
Additional Terms and Conditions (if any)
day of
Seal
.............................................
Secretary,
Water Resources Alrthority.
me inclusion of this page is authorized by L.N. %/1998]
WATER RESOURCES 61
FORM C
(To be completed in duplicate)
(Regulation lS(1)
Application No.. ................
THE WATER RESOURCFS ACT
APPLICATION FOR CONSENT OF AUTHORITY TO WELL-DRILLING
1. Name of Applicant ...............................................................
2. Address of Applicant.. ................................................ .!. .......
........................................................................................
3. Location of proposed work or of existing work ........................
........................................................................................
4. Indicate the nature of your interest in the land on which welldrilling
is to take place (i.e. whether you are owner, lessee, tenant,
5. Name of Drilling Contractor ................................................ *)
6. Address of Drilling Contraotor.. ..............................................
7. Purpose of drilling ..... .........................................-................
........................................................................................
8. Technical details:
(i) Estimated depth of borehole or well .................. metrea
(ii) Diameter of borehole or well ..................... centimetres
(iii) Method of drilling ...................................................
(iv) Method of construction .............................................
(v) In the case of artesian supplies, the method proposed hr
controlling the flow from the borehole and for preventing
leakage around the borehole lining.. ............................
............................................................................
(vi) Other technical information.. .....................................
............................................................................
............................................................................
9. Any further matters which the Authority should take into accouILt
in considering the application ..................................................
........................................................................................
........................................................................................
~ - -- -~ . ~- ~ ~~ .~
[The inclusion of this page is authorized by L.N. 96/ 19981
WATER RESOURCES
Note :
Completed forms must be accompanied by-
(1) two copies of a map on a scale of 1 : 50.000 showing
location of proposed well along with such other maps,
doouments and information as the Au4hority may
require; and
(2) the relevant fee.
I hereby apply €or the consent of the Authority under the Water
Resources Act for the drilling of a well and hereby declare that to the
best of my knowlcdg the above particulars are true and correot.
................................................ ....................................
Signature d Applicant IMe
To be completed by the Secrefury of the Authority
Indicate whether application granted or refused.. ............................
Date of grant or refusal ...............................................................
If applicgtion refused, reason for refusal .......................................
...............................................................................................
..............................................................................................
.............................................
-v.
Water Resaurccs Authority.
.............................................
D&
WATER RESOURCES 63
FORM D (Regulation 18 (2) )
Consent No.. ................
THE WATER RESOURCES ACI`
CONSENT OF THE WATER RESOURCES AUTHORITY To WELL-DRILLMG
...........................................................................................of
Name
..............................................................................................
Address
is hereby given consent to:
sink ( )
enlarge ( 1
otherwistalter ( )
Tick as appropriate. i a well on land located at ............................................................
..............................................................................................
subjeat to the provisions of the Water Resources Act and Regulations
made tbercunder and to such terms and conditions as are specified
herein.
Terms and Conditions
1. This consent shall be valid for a period of ..............................
from the date hered, subjeot to the provisions of the Act and the
regulations relating to its revocation, suspension and variation.
2. The following works only are hereby authorized to be done:-
........................................................................................
........................................................................................
........................................................................................
Additional Terms and Conditions (if any).
Dated this day of , 19 .
.............................................
Secretary.
Water Resources Authority.
[Tbeincludm obbhispergeisa`~~rizsd,~L~..N.%/1998]
64 WATER RESOURCES
FORM E (Regulation 19(1) 1
(To be completed in duplicate)
Application No.. ................
1.
2.
3.
4.
5.
6.
7.
8.
9.
THE WATER RESOURCES ACT
APPLICATION FOR WIXL-DRILLER’S LICENCE
Name of Applicant ...............................................................
Address of Applicant ............................................................
........................................................................................
Date of Birth .....................................................................
Educational background.. .......................................................
........................................................................................
........................................................................................
Indicate specific training relevant to well-d.ril1ing .....................
........................................................................................
........................................................................................
Indicate specific experience in well-drilling.. ............................
........................................................................................
........................................................................................
........................................................................................
Are you self-employed?. ........................................................
Name of Employer.. .......................................................
Address of Employet.. ....................................................
If not self-employed :
How long employed by present EnIpbyer? ........................
State names and addresses of two references ...........................
....................................................................................
....................................................................................
....................................................................................
....................................................................................
___
[The inclusion of thm page is authorized by L.N. %[ 19981
WATER RESOURCES 65
Note :
Completed forms must be accompanied by-
(U) such documents or information as the Authority may
require; and
(b) the relevant fee.
I hereby apply for a welldriller’s licence pursuant b the Water
Resources Act and declare that to the best of my knowledge the above
particulars we true and correct.
I furthex declare that I am able to read and to make written repoFts
on any well-drilling activity which I might undertake.
................................................ .....................................
Signature of Applicant Date
(To be completed by the Secretary of the Aufhoriry)
Indicate whether application granted or refused ..............................
Date of grant or refusal ...............................................................
U application refused, reason for refusal.. .....................................
..............................................................................................
..............................................................................................
...............................................................................................
.............................................
Secretary.
Water Retmucea Authority.
.............................................
Dslte
[The inclusion d this page is authorized by L.I*. 96/ 19981
66 WATER RESOURCES
FORM F (Regulation 19(3) )
Licence NO ...................
THE WATER RESOURCES AC"
WELL-DRILLER`S LICENCE
............................................ *.of.. ............................................
(Name of Licensee) (Address of Licensee)
..............................................................................................
is hereby granted a licence to praotise as a well-driller, subject to the
provisions of the Water Rmurces Act and Rephtions made thereunder
and to such terms and conditions as may be specified herein.
The licence shall be valid for a period of ..............................
from the date hereof, subject to the provisions d the Act and Regulations
relating to its revocation and suspension.
Terms nnd Conditions of Licence (if any)
Dated this day of
!kxi
. 19 .
............................................. Secretary,
Water Resources Authority.
m e inclusion of &is page is authorized by L.N. 96 / 19981

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