Draft National Water Policy

Government of Grenada Draft National Water Policy Revision 4 09 October 2007 TABLE OF CONTENTS PART ONE ........................................................................................................................................ 1 POLICY RATIONALE ........................................................................................................................................................................................ 1 INTRODUCTION .................................................................................................................................................................................................. 2 THE OVERALL VISION .................................................................................................................................................................................... 2 GOAL OF THE POLICY ................................................................................................................................................................................... 2 OBJECTIVES OF THE POLICY ........................................................................................................................................................................................ 3 GUIDING PRINCIPLES ...................................................................................................................................................................................... 3 OWNERSHIP ...................................................................................................................................................................................... 4 PART TWO .................................................................................................................................................. 5 BASIS FOR ACTION ....................................................................................................................................................................... 5 GENERAL GUIDELINES FOR ACTION..................................................................................................................................... 5 THE STRATEGIC RESPONSE .....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................6 ESTABLISHING INTEGRATED WATER RESOURCES MANAGEMENT ..................................................................................... 7 IMPLEMENT EFFECTIVE AND TRANSPARENT COORDINATION ...................................................................................... 7 IMPROVING THE WATER RESOURCES INFORMATION BASE....................................................................................................................................................................8 ESTABLISHING EFFECTIVE, WATER AND WASTEWATER QUALITY CONTROL ........................................... 8 REGULATING WATER SERVICES AND TARIFFS........................................................................................................................... 9 STRENGTHENING HUMAN RESOURCE CAPACITY ........................................................................................................ 9 REDUCING VULNERABILITY TO NATURAL DISASTERS ........................................................................................... 10 FOSTERING APPROPRIATE CULTURAL AND ATTITUDINAL CHANGE ................................................................... 10 PART THREE ................................................................................................................ 11 IMPLEMENTING THE POLICY ................................................................................................................................................. 11 OVERALL WATER GOVERNANCE .......................................................................................................................... 11 WATER RESOURCES MANAGEMENT .................................................................................................................................................................. 12 Water Resources Management ............................................................................................................ 12 Water Quality Regulation .......................................................................................................... 13 Delivery of Water and Wastewater Services ......................................................................................... 13 Water Services Regulation.................................................................................................................. 13 PRIMARY ROLES AND RESPONSIBILITIES ...................................................................................................................... 14 THE ROLE OF GOVERNMENT ................................................................................................................................... 14 THE ROLE OF THE PRIVATE SECTOR................................................................................................................................. 14 THE ROLE OF THE CITIZEN ............................................................................................................................................................................................ 15 THE ROLE OF CIVIL SOCIETY ..................................................................................................................................................................................... 15 THE ROLE OF THE INTERNATIONAL DEVELOPMENT COMMUNITY ........................................................... 15 ANNEX 1 : LEGAL AND REGULATORY PROVISIONS ................................................................................................................. 16 Page 1 PART ONE Policy Rationale The Government of Grenada is committed to the creation of an enabling environment to sustain the economic and social development of the country. This imperative has taken on particular importance as the economy recovers from the effects of Hurricanes Ivan and Emily in 2004 and 2005. The sound management of water resources and the delivery of water services play a central role in underpinning the functioning of the economy. The Government has recognised that the continued success of the economy and social development is being put at risk by the current water sector arrangements. A number of national constraints have been identified that if not addressed in a proper and timely manner will impose additional costs on the economy, impact on the country’s international competitiveness and result in a failure to realise its full economic and social potential. The constraints identified include:  a fragmented and poorly coordinated approach to water resources management and its relationship to development activities and planning;  a severe lack of knowledge and understanding of the available water resources ;  rising demands for water across the tourism, industrial and agricultural sectors;  an absence of allocation and mediation mechanisms to resolve conflicts over the use of water resources. This has serious implications for both tourism and agricultural development, two sectors that are the mainstream of the economy and employment and which the Government is seeking to promote;  inadequate infrastructure to ensure water quality and quantity especially during dry seasons. This impacts on the potential and attractiveness of the hotel and tourist industry as well as on industry and domestic demand;  absence of an adequate sewage disposal system;  poor enforcement of regulations and the need to revise and update current legislation pertaining to water services and water resources;  weak financial position of the water service provider and an inability to mobilise financial resources;  increasing impacts on the natural and water resources environment from environmental degradation, pollution and inappropriate land use;  lack of planning for the impact of natural disasters and climate change. It is clear that in the National Interest of Grenada these challenges have to be responded to by Government. The Government has determined therefore that there is an urgent need for the adoption of a Water Policy that provides for measures to overcome the constraints. The Water Policy sets out a framework for the governance of the water sector and the allocation of duties, responsibilities and powers as well as the respective roles of the public and private sector. The framework also recognises that the Government has adopted a strategy of facilitating the commercialisation of services in order to improve the efficiency and effectiveness of service provision. This includes the provision and performance of water services. Page 2 If a Water Policy is not adopted Grenada will not be able to realise its sustainable development potential and capitalize on development and investment opportunities, leading to the impoverishment of its economy, people and environment. Adoption of a Water Policy will entail the drafting of legislation and amendments to existing legislation in order to implement the recommendations of the Policy. Introduction The Water Policy is based on the understanding that water is a socially-vital, economic good that requires a coordinated and participatory management approach, a commitment to good governance together with accountability and transparency that provides a sound platform for sustained economic growth and the reduc tion of poverty and inequality. Water’s contribution to economic and social development must also take account of the importance of balancing competing water uses with the requirements of its many interrelationships within the ecosystem. In the implementation of the Water Policy, the following four key challenges to the sustainability of water resources management and water services have been identified: Financial Sustainability - mobilising sufficient capital investment to ensure the adequate provision of infrastructure for economic and social development and to cover operation and maintenance and eventual replacement at rates that are equitable and affordable. Securing financing and investment is affected by the Government’s high level of indebtedness and resultant difficulties in allocating resources in the national budget; Institutional Sustainability - building the capacity of water resource management institutions, promoting good governance and maintaining effective relationships and coordination between the relevant public authorities, the private sector and civil society. Institutional structures need to be open and transparent in what they do; Operational Sustainability - pricing water services to recover full costs and investing the capital raised in operation and maintenance to provide better service standards , support resource management and good practice through the appropriate use of economic instruments; Technical Sustainability - exploring a range of alternative and affordable options and adapting solutions to be more appropriate to strengthen the economy and to meet the needs of the people. The Overall Vision The Government of Grenada envisages optimal and sustainable use of the Country’s water resources to maximize the welfare of the Nation. Goal of the Policy The Goal of the Policy is to provide a framework to maximise the contribution of the water sector to sustainable economic, social and environmental development in an efficient and equitable manner. Page 3 Objectives of the Policy The objectives of the Water Policy are as follows, to:  Ensure that present and future generations have access to water of sufficient quality and quantity for their various uses and an acceptable standard of sanitation;  Provide a framework for the integrated/rational use, management and regulation of water resources and services, with a view to achieving sustainable development of the sector;  Foster coordination, collaboration and participation between all stakeholders and thereby greater accountability and transparency;  Secure water for non-domestic uses including that required to secure ecosystem services, recreation and aesthetics;  Ensure water is used as efficiently as possible, including promotion of wise use and conservation;  Ensure that vital ecosystems are maintained and that adverse effects on other natural resources are considered and where possible eliminated or if not practical reduced;  Ensure implementation of measures to restore and enhance the quality and quantity of usable water and protect the aquifers, watersheds, and other sources of water;  Provide opportunities for all water users to influence decisions that affect their daily lives;  Establish an institutional framework for integrated water resources management;  Establish a National Integrated Water Management Plan encompassing both water resources and water services that shall be reviewed on a regular, periodic basis. Guiding Principles Freshwater resources are finite and in some cases becoming more so as human activity compromises its integrity and ability to support human well being and ecosystem/environmental integrity. These limited resources have to be divided between competing needs and demands in society required to support the proper needs and development of its members and, the requirements for the integrity and functioning of ecosystems. The National Water Policy is based on the following principles:  W ater shall be regarded as a basic human need and as such there is a basic human right of access to water of sufficient quantity and quality to all including vulnerable and disadvantaged groups;  Water is public property and its allocation and use shall be in the interests of the people of Grenada;  Water is essential to sustain life, development and maintain ecological integrity, ensuring the functioning of the natural environment that regenerates fresh water of sufficient quality and quantity;  All water use should be sustainable, such that future generations will be able to use it in similar ways as the present generation; Page 4  Water is a limited and vulnerable resource having an economic value in all its competing uses and should be recognised as an economic good requiring that it be utilized efficiently, while not jeopardizing the principle of equity;  When faced with water resources development and management decisions, the precautionary principle will be applied and followed; that is, the decision not to proceed with significant changes in resource use without an adequate assessment of the potential impacts of these changes in the short, medium and long terms;  Water development and management should be based on a participatory approach, involving users, planners, policymakers and civil society at all levels. Ownership Water is public property and as such its ownership and stewardship is vested in the State. As steward and custodian of water it is the function, duty and role of the State to exercise control and regulation over the uses and the allocation of water resources.  Water resources includes surface, ground and atmospheric waters,  The State may delegate some, part or all of the exercising of its control, regulation and/or allocation functions, duties and roles to a designated body or bodies corporate. In doing so the State shall set out the powers, duties, roles and responsibilities of such body or bodies and guarantee the intrinsic rights of all citizens. Page 5 PART TWO Basis for Action Government is cognisant of the many challenges and problems which have emerged out of a fragmented and uncoordinated approach to water resources management. Government is also aware of the current constraints under which the National Water and Sewerage Authority operates which impinge on its ability to properly execute all its functions. Government posits that water resources management cannot be viewed in isolation from the wider national context such as land use, land use change, watershed management and economic and social development. Further, Government has noted the paucity of reliable information on water use and availability, the lack of capacity within water resource management institutions and poor regulatory control and enforcement as well as the need to improve water and wastewater services. In this regard, Government envisions that:  By 2008 the necessary legislation establishing responsibility for integrated water resources management and, separately, for water and wastewater services will have been enacted;  By 2008, institutional arrangements will have been established to regulate, respectively, the management of water resources and the management and operation of water supply and sanitation services in an effective and integrated manner including appropriate mechanisms for stakeholder participation;  By 2009, comprehensive policies , strategies and plans for Integrated W ater Resources Management will have been adopted and implemented;  By 2009, a National Water Information System will have been established and implemented. General Guidelines for Action Water resources in all its forms; surface, groundwater, rivers, lakes, coastal, wetlands and springs, developed or not are all linked through the hydrological, ecological and social cycles. Regulating any one system without taking into account the other systems will not contribute to sustainable development. There are direct relationships not just within the water sector but across other sectors of the economy and society as well. Decisions and practices on land use, economic and industrial development, water management, agriculture and the environment cannot be separated or treated in isolation from each other. In the realisation of the Water Policy there shall be due recognition that the Policy Principles, Goal and Objectives shall apply equally to; water resources management, urban water supply and sewerage, rural water supply and sanitation and, agriculture and irrigation. Integrated management of water and water resources must be based on reliable and sufficient information, the systematic evaluation of impacts, benefits and costs and the application of the precautionary principle where appropriate. The implementation of the Water Policy shall be guided by the following general criteria with respect to water resources:  Integrated water resources management with equitable regard to quantity, quality required for human needs and ecological functions, and to ensure national food security; Page 6  The coordination of water resources planning and development taking into account the needs of all water users, including water users in other water catchments in the case of inter catchment transfers;  Sufficient water must be retained in order to meet environmental requirements;  Better data gathering, monitoring and public provision of information;  The integration of water resources management with in particular but not exclusively environmental and land use management and, agriculture and forestry. The implementation of the Water Policy shall be guided by the following general criteria with respect to water services:  The provision of water services is a separate and distinct function from the management of water resources and entails the adoption of sound business practices and a commercial approach to service delivery including good corporate governance;  In accordance with the principle that access to water is a basic human right, there shall be a service that makes available adequate and accessible quantities of water of a defined quality that is affordable and that allows for progressive increase in standards of basic services;  Water is to be used efficiently and that there are incentives to encourage the wise use and conservation of water;  Subject to the principles of equity and affordability the charges for water services reflect water’s economic value, enabling consumers to make choices regarding water consumption and use;  The requirement to report on and publish information (technical, environmental, social and financial) pertaining to the provision of water services;  Investments in the water sector should balance economic development with poverty alleviation and improvements in public health; In pursuit of good governance and transparency regulatory and operational (service provision) functions need to be separated. Regulation should be such as to provide effective oversight that encourages ethical business practice without exercising undue and intrusive interference in business activities. In other words regulation should exercise a ‘light touch’ that is at arms length from both the regulated and from Government. At the same time Government must be held accountable for its actions. The Strategic Response Strategic responses include the following:  enact institutional mechanisms that allocate water rights among competing users and manage water resources sustainably;  implement effective and transparent coordination between ministries with regard to water matters and ensure the inclusion of stakeholder participation in water resources decision making;  establish and maintain the information base for sustainable water resources management;  implement a regulatory regime that prevents and controls water pollution; Page 7  establish effective and efficient institutional mechanisms for regulating water services and pricing;  build the human resources capacity and expertise in the agencies responsible for water management;  adopt measures to reduce the negative impacts of water-related disasters on the society, the economy and the environment and to reduce the impact of natural disasters on the water sector;  adopt initiatives that bring about a cultural and attitudinal change to the way in which water is regarded by citizens. Establishing Integrated Water Resources Management Government is fully committed to the principles, approaches and processes of Integrated water Resources management (IWRM) which seeks to promote the coordinated development of water, land and related resources in order to maximise equitable economic and social welfare, while maintaining environmental sustainability. As the steward of Grenada’s water resources, the Government shall ensure that the development, apportionment, management and use of those resources is carried out equitably and efficiently, in an integrated manner whilst ensuring that the Principles of the Water Policy, basic domestic needs and ecosystem requirements are met. This may require the regulation of activities such as land use as an instrument to manage water resources. The development and management of water resources shall be carried out in such a way as to minimise as far as is acceptable and practicable the danger to life and property due to natural or manmade causes. Government will move to establish and legislate for an institutional mechanism for the coordination and management of water resources, the coordination with and inclusion of national and community-based agencies and stakeholders with responsibilities for water and land, in decision-making processes . The mechanism will have the ability to:  formulate and implement measures with regard to the protection of water resources, the regulation of access to and use of water resources including limitations on use of ground and surface water resources and allocations for health and sanitation, agriculture, industry and habitat for aquatic life;  decide on interventions to be carried out within the water sector and coordinate the monitoring of their use and effectiveness;  monitor, investigate, analyse, assess and manage water quality and quantity and the demands on water;  design and implement an overall strategy for the sustainable use of water resources and prepare action programmes;  design and deliver public education and awareness programmes on water resources management issues. Implement effective and transparent coordination The Government recognises that there is a need to improve ministerial coordination in order to create a greater awareness of water issues and the impact that they have on policy, the Page 8 economy and development. In recognition of this the Government reaffirms its commitment to water resources and will adopt procedures to strengthen ministerial coordination and leadership. The Government is committed to creating and supporting the necessary conditions to enable and support stakeholders, communities and civil society to play a greater role in the management and decision-making affecting water resources. In recognition of this Government requires the creation of mechanisms for the inclusion of stakeholder representation in the management of water resources. Improving the water resources information base The management of water resources requires adequate, reliable and representative data. Government believes that if water users are to change their attitudes and practices, they will need appropriate information and advice. In establishing mechanisms for the integrated management of water resources due cognisance will be given to the following needs and the capacity to realise them :  determining the economic value of water resources and ecosystems;  estimating water availability, use and loss;  conducting sustained assessments of climate and hydrological trends, including the impacts of global climate change;  ensuring the accuracy and integrity of primary data on the state of water resources, including through closer scrutiny and maintenance of recording instruments;  undertaking regular analyses of socio-economic aspects of water use and availability, including user behaviour, the potential beneficial effects of demand management, urban growth and changing land use patterns. Government will support research and training initiatives aimed at strengthening national efforts to promote the sustainable use of water resources. Establishing effective, water and wastewater quality control Priority attention will be given to the design and adoption of measures to prevent and control the pollution of water resources and their supporting ecosystem s. In the medium term, quality objectives need to be set for all water bodies. The Government will move to establish institutional, regulatory and enforcement arrangements including:  reallocating of institutional responsibilities,  setting quality standards and conditions;  reinforcing enforcement capacity and economic instruments required to ensure compliance;  implementing the “polluter pays” principle;  implementing a sustained and comprehensive water quality programme. Page 9 Regulating Water Services and Tariffs Citizens have the right to expect an efficient and well managed water service that provides access to the provision of a potable water supply and the removal and safe disposal of human excreta and wastewater. In addition the service should promote the efficient and effective use of water. However, the practice of regulation should not restrict the abilities of a service provider to properly manage their business affairs or place an undue burden on them. The efficient operation can best be assured by:  an appropriate cost recovery policy that anticipates the recovery the full cost of water; services provision  reducing losses in distribution;  contributing to the sustainable utilisation of the water resources on which it depends ;  exercising a ‘light touch’ and supportive regulatory regime. Government will apply a combination of appropriate administrative and economic instruments, including tariffs that are affordable, acceptable and administratively feasible and that provide incentives for good business management. Recovery of costs is fundamental to the sustained viability of the entity providing the service. In setting tariffs, Government will seek to ensure that the poor and other disadvantaged groups are not harmed. Where necessary to achieve social objectives, the Government will provide subsidies equal to the tariff, fees and charges otherwise payable by the consumer for “social water”. For those groups engaged in productive activities, such as agriculture, some of the charges may be waived for a determined period, in emergency situations. All major water user sectors including Government institutions and establishments will be required to develop water use, conservation and protection policies and regulations. Government will put in place and legislate for organisational arrangements to oversee and regulate the activities of water service providers and make recommendations in respect of tariffs, pricing, the use of economic instruments, market mechanisms and incentives to ensure the equitable implementation of the policy provisions. Where necessary, Government will consider the implementation of reforms to correct price distortions in agriculture, industry and other areas that affect water. Government will pursue strategies that will allow water service providers (NAWASA) to become financially self-sufficient and adopt a business orientated approach to the management and performance of the service provision. A related programme will also identify sources of finance for these investments and will explore the creation of funding mechanisms that aim to make service providers independent of support from the Central Government and able to access a wide range of sources of finance in the future. Strengthening Human Resource Capacity There is an urgent need to build the human resource capacity of water resource management institutions. These institutions will be encouraged to strengthen their Human Resources Management policies and practices so as to ensure that current and future personnel are exposed to formal and informal training, in Integrated W ater Resources Management. Government will use its influence to encourage national and regional educational institutions to provide programmes on Integrated Water Resources Management and to design and implem ent Page 10 water-based strategies for sustainable land use. The Ministry of Education will be urged to consider incorporating locally relevant water management topics at all educational levels. Reducing vulnerability to natural disasters In preparing water resources management plans and water supply and operations plans, particular consideration must be given to the potential impact of natural disasters such as, inter alia, floods, droughts, hurricanes and climate change that impact on the welfare of citizens, the economy and the environment. Mitigation and adaptation strategies shall be identified and adopted taking into account the potential risks, benefits and burden of costs associated with particular courses of action with a view to minimising, as far as is practicable, the negative impacts of such disasters. Fostering appropriate cultural and attitudinal change It is recognised that achieving a more integrated approach to water resources management and a greater appreciation of the value of water to society requires a deep-seated change in individual, institutional, professional and social culture. To achieve this , a concerted effort must be made by all institutions to include awareness raising of the importance of water as a fundamental part of their activities. Government is providing leadership by adopting and implementing sound water policies and plans. Page 11 PART THREE Implementing the Policy The Water Policy is based on the results of a situational analysis of Grenada’s water sector and consultation with stakeholders. The Policy should be treated as a dynamic instrument in a dynamic environment. It also means that Government must monitor the impact of the Policy against the vision and objectives that have been set, and to adjust the Policy in the light of changes in the situation. Overall Water Governance Water governance provides clarification of the roles of government, civil society and the private sector and their responsibilities regarding ownership, management and administration of water resources and services. Good governance should provide for a clear delineation of spheres of responsibility within a simple, practical, institutional structure. These are standard ‘givens’ that apply in the delivery of a public service, irrespective of whether the operation is in public or private hands. There are four aspects that together may be said to constitute a water sector and that need to be incorporated within an institutional framework. Broadly these relate to: 1. Water resources, covering: (i) A resource management function that includes the monitoring and assessment of the state of resources, the development of resources and, their protection; (ii) An allocation function that determines water use rights, the obligations and conditions of water use and the arbitration between competing uses; (iii) Coordinating and information function. 2. Water quality regulation as it relates to public and environmental health, including: (i) Setting and regulation of drinking water quality standards and monitoring; (ii) Pollution control - setting and regulation of wastewater quality standards and control of pollution of water bodies. 3. The delivery of water and wastewater services. 4. Service regulation, covering: (i) Public and customer interests; (ii) Standards of service; (iii) Financial and economic matters . Responsibility for the management of water resources - which under current legislation falls under the National Water and Sew erage Authority (NAWASA) - is to be separated from responsibility for the provision of water and wastewater services (performed by NAWASA). In order to give effect to this the Government will undertake the restructuring of the institutional arrangements and will implement the necessary supporting legislative measures. The institutional arrangements the Government will make are detailed in the following section. Page 12 Water Resources Management The proposed arrangements of functions and responsibilities are shown in the organizational diagram below. Water Management Water Resources Management Water Quality Regulation Water and Wastewater Services Service Regulation NAWASA Moving to Water Resources Unit NAWASA NAWASA Ministerial Board 1(i) Stewardship 2(i) Potable Water Quality, supervised by Minis try of Health Water supply 4(i) Public & Customer interests 1(ii) Water Rights NAWASA Moving to Water Resour ces Unit Wastewater services 4(ii) Standa rds of Service 1(ii i) Coordination & Information 2(ii) Wastewater Quality & Pollution 4(iii) Financial & Economic matters Water Resources Management As an interim measure only, NAWASA will retain responsibility for water resources management. Immediate measures will be taken to address the acknowledged deficiencies in organisational capacity and resource management. The measures that will be implemented include: with immediate effect upgrading of the status of water resources management within Page 13 the NAWASA organisational structure by the formation of the Water Resources Unit; recruitment of additional personnel and expertise; establishment of a management strategy detailing how the items resource management, allocation and coordination (1 (i), (ii), (iii)) and pollution control (2 (ii)) will be implemented. The additional cost of the formation of the Unit, the recruitment of personnel and the acquisition of other resources and facilities incurred by NAWASA to be met through the Ministry of Agriculture, Lands, Forestry, Fisheries, Public Utilities and Energy current budget allocation. By the end of 2008 the Water Resources Unit established within NAWASA as an interim arrangement will have been transferred to the Ministry of Agriculture, Lands, Forestry, Fisheries, Public Utilities and Energy. The Water Resources Unit will be responsible for resource management (1(i)), allocation (1(ii)), coordination (1(iii)) and pollution control (2(ii)) as well as inter-ministerial and cross-sector coordination of water, land, coastal areas and public health issues. Water Quality Regulation No change in the overall institutional arrangements in respect of 2 (i) are proposed. At present NAWASA is responsible for the testing of drinking water quality for compliance purposes and reporting to the Ministry of Health. In exercising its oversight and audit functions to ensure compliance with drinking water quality standards the Ministry of Health may on the recommendation of the Chief Environmental Health Officer, utilize the services of other recognised agencies. Consideration will be given to strengthening the coercive powers of the Ministry of Health to require remedial action as required and for the imposition of fines or other measures for breaches of compliance. The Ministry of Health will, annually publish results of water quality testing and auditing as a matter of public record as well as details of breaches and remedial actions taken. These measures apply equally to any potential water services provider. Delivery of Water and Wastewater Services There will be no change in the current organisational arrangement for the provision of water and wastewater services in the short term . By 2008 water resources management will be separated from water services provision. The existing NAWASA Act establishing the National Water and Sewerage Authority as a body corporate with sole responsibility for the provision of water supplies, conservation, augmentation, distribution, preservation and protection of catchments will be repealed. It will be replaced by a Water Services Act governing the provision of water supply and sewerage services and establishing a corporate body operating under commercial principles owned in whole or part by the Government, but at arms length from it. Water Services Regulation Establishment of a Ministerial Board with a secretariat to perform the regulatory oversight function will be established as an interim measure until the Public Utilities Regulatory Commission is established. The Public Services Utilities Commission will oversee inter alia the public and customer related activities of the water and wastewater service providers (4(i)), standards of service (4(ii)), scrutinise business plans and approve tariffs (4(iii)). In doing so it will provide for the transparent monitoring and reporting of performance and the application of measures and incentives to promote good performance by service providers. The Regulatory Commission will encompass the regulation of all utility services in Grenada within a single statutory body. Page 14 PRIMARY ROLES AND RESPONSIBILITIES A detailed institutional specification with supporting legal and regulatory provisions can only be detailed after the main policy proposals (propositions) have been endorsed. This policy statement simply anticipates the primary roles and responsibilities of government and its constituents. The Role of Government Government is the most important actor in the water sector. Its duty is to provide the enabling institutional and regulatory environment and ensure that the Goals, Objectives and Principles of the Water Policy are realised and adhered to. Government shall therefore retain the capacity to monitor progress and intervene as appropriate in consultation with stakeholders. Specifically, Government is committed to:  providing leadership and coordination;  ensuring a thoroughgoing review of the existing water legislation, and drafting and adopting of the appropriate new legislation (See Annex 1)  establishing effective public sector institutions with full accountability, representation and transparent decision-making;  establishing the institutional and other mechanisms for integrated water resources management;  incorporating IWRM in national strategies for sustainable development;  using appropriate legal and financial instruments to balance economic development priorities with impacts on social structures, livelihoods and the environment;  protecting the rights of the public (especially the poor) ;  providing for the regulation of the activities of water service providers;  providing an appropriate environment for private sector involvement in the water sector;  promoting the goals, objectives and strategies of the Water Policy;  monitoring the implementation of the Water Policy;  overseeing the planning for prevention and mitigation of disasters related to floods and droughts and emergency responses. The Role of the Private Sector In the past the private sector has played a limited and minor role in water services provision and water resources management. Whilst it remains the duty of the State to ensure that the Goals and Objectives of the Water Policy are realised, it is recognised that the private sector should be encouraged to contribute significantly to their timely and economic realisation. Consequently, the Policy envisages a more direct and involved role for the private sector, in assisting in the management and/or expansion of existing services provided by Government, through various approaches including contracting-out, management concessions and direct investment. Page 15 Private sector involvement will be promoted through an enabling legal and policy environment defining roles and responsibilities and transparent processes for award of contracts to service providers. More specifically, the private sector along with the public sector will be expected to:  develop and implement corporate environmental policies that emphasise water conservation and guidelines for sustainable industrial processes;  observe the Polluter Pays Principle; the User Pays Principle and the Precautionary Principle respectively. The Role of the Citizen Citizens need to understand that they too have an important role to play in water resources management and the successful realisation of the Water Policy. In this Citizens will be encouraged through the establishment of participatory mechanisms to play a role in decision making as it affects water resources management and water service provision. Such action will help to inform decisions regarding the allocation of water, as well as assist in improving water security and reducing risks and uncertainties. The citizen will be assisted and supported in taking on these responsibilities by the provision of support and outreach activities by all of the water sector organisations. The Role of Civil Society It is envisaged that civil society organisations will play a key role in helping consumers especially the poor, to express their demands, as well in advocacy. Specific mechanisms will be developed to ensure the participation of civil society in all levels of decision-making of water resources management. The Role of the International Development Community In recent times, the international development community has demonstrated a growing commitment to help Grenada address the problems of the water sector. It is envisaged that the Water Sector Policy will help to strengthen and deepen the continuation of that involvement. The Government is looking to the international development community to support the processes and changes being brought about in the water sector. In particular it is looking for support in establishing the institutional and organisational framework for the management of water resources and the provision of water services, in building capacity through programmes of technical assistance, training and development, technology and information exchange and assisting in the mobilisation of funds for the proposed developments. Page 16 ANNEX 1: LEGAL AND REGULATORY PROVISIONS Legal and regulatory provisions are anticipated in the following areas.  A Water Resource Management Act  A Water Services Act  A Public Utilities Regulatory Commission Act  Related regulatory standards and guidelines covering standards of service and compensation, publication of information, stakeholder participation, coordination, preparation and updating of plans , waste discharge standards, water efficiency and conservation. In addition it is anticipated that the following statutes will be reviewed with a view to effect any amendment required to bring them in line with the proposed institutional arrangements.  Water Quality Act 1 of 2005  Solid Waste Management Act CAP -11 (1995)  Pesticides Control Act  Public Health Act CAP-263 (1925)  Public Health Regulations  Crown Lands Act  Ports Authority Act CAP-247  Physical Planning and Development Control Act 25 of 2002  Land Development Control Act (1986)  National Parks and Protected Areas Act  Protected Areas, Forestry and Wildlife  The Grenada Building Code  Land Management Agency  National Environmental Management Strategy and Action Plan (2006)  Draft Environmental Management Act