WATER: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
(under section 35)
(6th September, 1968)
ARRANGEMENT OF REGULATIONS
Proceedings of the Water Apportionment Board
6. Meetings of the Board
10. Disclosure of member's interest
Applications under the Act
12. Notification of application
14. Conditional grants
15. Public notice in the case of other applications
16. Lodgement of appeals
18. Hearing of appeal
19. Stay of action pending appeal
21. Creation of advisory boards
22. Functions of advisory board
23. Tenure of office of members of advisory board
25. Meetings of advisory board
27. Application of Part II
29. Certificate of creation of servitude
30. Lodgement of certificate
31. Production of title deed
33. Subsequent dealings with servitude
34. Application of section 14 of Deeds Registry Act
35. Application of section 61 of Deeds Registry Act
36. Application of certain provisions of Deeds Regulations
37. Production of title deeds
First Schedule - Forms
Second Schedule - Scale of Fees
S.I. 62, 1968,
S.I. 112, 1969.
General (regs 1-5)
These Regulations may be cited as the Water Regulations.
In these Regulations, unless the context otherwise requires-
"Board" means the Water Apportionment Board;
"Form" means a form prescribed in the First Schedule;
"Registrar", except in Part VII, means the Water Registrar.
(1) The Registrar shall design such registers as may be necessary to carry out the provisions of the Act.
(2) The Registrar shall verify and initial every entry in the registers of water rights and servitudes.
The fees to be charged in respect of any act, matter, or thing required or permitted to be done under the Act, shall be those specified in the Second Schedule.
(1) An application to the Board under the Act shall-
(a) be addressed to the Registrar;
(b) be in writing;
(c) contain the name and address of the applicant and be signed by him or by his duly authorized agent; and
(d) be accompanied by the fee prescribed in relation thereto in the Second Schedule.
(2) An application in respect of-
(a) the notification of an existing right in accordance with the provisions of section 12 of the Act shall be in Form W1;
(b) the grant of a water right in accordance with the provisions of section 15(2) of the Act shall be in Form W2;
(c) the creation of a servitude in accordance with the provisions of section 26 of the Act shall be in Form W3,
and the Registrar may, if in his opinion the application is incomplete in any material respect or contains information which is inadequate for the purpose of enabling the Registrar to perform his functions under the Act in connection therewith, require the applicant to complete the form or supply such information as may be required, and, pending such completion or the supplying of such information, the application shall be deemed not to be an application for the purposes of the Act.
(3) The notifications of the acquisition of a right to abstract and use water by agreement in accordance with the provisions of section 16(5) of the Act shall be in Form W4.
(4) Certificates in respect of-
(a) the recording of an existing right in accordance with the provisions of section 13(1) of the Act shall be in Form W5;
(b) the grant of a water right in accordance with the provisions of section 15(4) of the Act shall be in Form W6;
(c) the inspection of works in accordance with the provisions of section 18(2) of the Act shall be in Form W7.
Proceedings of the Water Apportionment Board (regs 6-11)
The Board shall meet at such times and at such places as it may determine or as may be directed by the Minister:
Provided that the Board shall meet not less than four times a year.
One half of the membership of the Board, including the chairman or other person presiding, shall constitute a quorum of the Board.
At every meeting of the Board the chairman, or in his absence the vice-chairman, or in the absence of both the chairman and the vice-chairman, one of the members present appointed by the meeting shall preside.
Any question to be determined by the Board shall be decided by a majority of the members present and voting, the chairman or other person presiding having an original vote and, in the event of an equality of votes, a casting vote.
If any member present at a meeting of the Board has any pecuniary or other interest, direct or indirect, in any matter under discussion, he shall disclose the fact and, if the chairman or other member presiding so directs, he shall withdraw from the meeting during such discussion or refrain from discussions, of, or voting on, the matter.
Subject to the provisions of the Act, the Board may regulate its own procedure.
Applications under the Act (regs 12-15)
(1) The Registrar shall give notice of an application for the grant of a water right under section 15 of the Act in accordance with the provisions of this regulation within four weeks of receipt thereof or, if he exercises his powers under regulation 5(2), within four weeks of the completion of the application form or of the supplying of information in accordance with the provisions of that regulation.
(2) Notice of an application under this regulation-
(a) shall be served by the Registrar upon all persons who, to his knowledge, have an interest in the application, including, if the applicant is not the owner or occupier of the land concerned, the owner or occupier thereof;
(b) shall be published in two separate issues of the Gazette and of a newspaper circulating in the district where the water right is sought.
(3) Notice given under subregulation (2) shall state-
(a) the name and address of the applicant;
(b) the location of the place in respect of which the application is made;
(c) the nature of the right and whether it is desired that such right should be declared appurtenant to any land,
and shall call upon any person who objects to the grant of the right to lodge his objection in writing with the Registrar within the time prescribed in subregulation (4).
(4) The period for lodging objections shall expire 30 days after the last publication of a notice under subregulation (2)(b).
An objection to the grant of a water right lodged under the provisions of regulation 12 shall state-
(a) the name and address of the objector;
(b) the matter to which objection is made;
(c) the grounds of the objection;
(d) the interest of the objector; and
(e) whether the objector wishes to be heard as to his objection by the Board.
(1) Where the Board has granted an application for a water right subject to any condition or modification, it shall be deemed to be a condition of such grant that the Registrar may refuse to issue such grant until the applicant has stated in writing that such condition or modification is acceptable to him.
(2) Where the Board has granted a water right subject to the construction of works the Board may require the holder of the right to produce specifications and drawings of such works to the Registrar, and the Board may require the holder to modify such specifications and drawings and to construct the works in accordance with such modified specifications and drawings.
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