WATER: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Water Regulations

WATER REGULATIONS

(under section 35)

(6th September, 1968)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
General

   1.   Citation

   2.   Interpretation

   3.   Registers

   4.   Fees

   5.   Forms

PART II
Proceedings of the Water Apportionment Board

   6.   Meetings of the Board

   7.   Quorum

   8.   Presiding

   9.   Voting

   10.   Disclosure of member's interest

   11.   General

PART III
Applications under the Act

   12.   Notification of application

   13.   Objections

   14.   Conditional grants

   15.   Public notice in the case of other applications

PART IV
Appeals

   16.   Lodgement of appeals

   17.   Reasons

   18.   Hearing of appeal

   19.   Stay of action pending appeal

PART V
Information

   20.   Information

PART VI
Advisory Boards

   21.   Creation of advisory boards

   22.   Functions of advisory board

   23.   Tenure of office of members of advisory board

   24.   Vacancies

   25.   Meetings of advisory board

   26.   Presiding

   27.   Application of Part II

PART VII
Water Servitudes

   28.   Interpretation

   29.   Certificate of creation of servitude

   30.   Lodgement of certificate

   31.   Production of title deed

   32.   Endorsement

   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.

PART I
General (regs 1-5)

1.   Citation

   These Regulations may be cited as the Water Regulations.

2.   Interpretation

   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.

3.   Registers

   (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.

4.   Fees

   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.

5.   Forms

   (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.

PART II
Proceedings of the Water Apportionment Board (regs 6-11)

6.   Meetings of the Board

   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.

7.   Quorum

   One half of the membership of the Board, including the chairman or other person presiding, shall constitute a quorum of the Board.

8.   Presiding

   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.

9.   Voting

   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.

10.   Disclosure of member's interest

   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.

11.   General

   Subject to the provisions of the Act, the Board may regulate its own procedure.

PART III
Applications under the Act (regs 12-15)

12.   Notification of application

   (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).

13.   Objections

   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.

14.   Conditional grants

   (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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