Water Resources Regulations, 1995

The Water Resources Acl, 1995 [No. 36] 45 FOURTH SCHEDULE (Se{:tion 49 (3) ) THE WAHR RF�URCl::S REGULATtor-:s, )995 PART 1- Preliminary I. These Regulations may be cited as the Water Resources Regula- Short titac. lions 1995. ::!. In these Regulations "relevant fee'• moans such fee as may be tnterpreta­ prescribed as being payable in relation to an application pursuant to tiuu. the Act for a licence or consent. PART II-Licences to Abstract and Use Water 3. (1) An applicat1on for a licence required pursuant to section 19 Applica­ of the Act shall be made to the Authority in the form set out as Form tion ro, A in the ScheduJe. abstrac· tion licence. (2) An application made under paragraph (1) shall be in dupli- Form A. cate and sha11 be accompanied by such maps, documents or informa- Schedule. tion 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 act i.n accordance with the provisions of regulation 24. 4. In considering an application for a licence to abstract and use Matters Lo water the Authority shaH have regard to-- be con­ sidered by (a) the provisions of the Master Plan, including any amendments Authority. made thereto; (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 applica­ tion and whether or not he has such financial and technical re­ sources 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. (]) On consideration of an application the Authority may grant or refuse to grant a licence. Aut hority may granr (2) If the Authority grants a licence it shall, in addition to notifying or refuse the applicant of its decision, inform in writing any person who pursuant li�. 46 The Wntrr Re.w11rces Acl. 1995 to rcgul:t1i0n �4 !>' has made reprcsentn:ions. :.:nd thar person m:tv re­ quire the Autlwril\ to furnish 10 him :n writing the rcas�)ns for its dcds1on. (3) If the Authoritv refuses lo grant a licence. it sh:1II stale in writing the rea1;ons for .its decision and inform the appli�ant of his right under the Act to appeal against the decision. (4) A licence granted under this regulation-- Form B. (a) shall be in the form set out as Form B in the Schedule; and Schedule. (bl shall be for such pcri,)d as the Au 1 horitv 1hinks fit. (5) Jn addition to the implied tern: specified in section :!3 of the Act, a licence may contain such tcnns and conditions as the Authority thinb appropriate. including- (a) the term that the amount of water authorized to be abstra:-ted under the licence may \ary according to the J\ a.l:lbilit) 0f -.·x­ cess water; or fa) the condition that certain work s should be constructed within a specified time by the person to whom the licence is grJnted.

(6) A licence to wh.ich paragraph (l) refers may contain difkrcnt provisions reh1 ting to- (a ) the abstractio n of water during different periods; (b) the abstraction of water from the same source of suppl) but at different points or by different means; (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 concurremly in respect of the same source of supply, if the licences authorize the abstraction of water at difkreat points of the source or by different means. Provisions 6. (I) Where a licence is granted under regulation 5 subject to the as to �rtain condition th::it specified works should be constructed within a specified cood1t1ons period, the Authority m�y. on the expiratio_n of that period, extend t� e in ticence. period for the construction of tbe works 1f the r,erson to whom t .1e licence was granted so requests. (2) On the expiration of the SpC{:ified perio<l referred to in para­ graph ( 1) or of such extended period a� may _ be gr�ted under t�at p,,ra�raph or on completion of the works. 1f that 1s earlier. the Au_th�ty sh u ;, c;.iuse the wor!:s to be insrc:ll'd for the purpo�e of sat1sfymg itself 1hJt the works have been properly constructed. Licence not transfer­ 7. Without prejudice to regulation 16, <'. licence granted under regu­ able. lation 5 is not transferable. The Waler Reso11rces Act. /995 [No. 36] 47 8. ( l) A licence granted under regulation 5 may, on it� expiration, Renewal of be renewed hy the Authority ii- licence. (a) the person to \\hom it was granted applies to the Authority fN rcncw:il of the lil'encc not later than six mnnths before the date on which the licence expires: and (b) the Authority is sJt;sfi�d th:11 there has hcen no material chan!!e in the cil\.'umstanccs which existed at the time the licence was first 1rrantcd that would iustifv dealinc with the application in-the manner specified in p:nagrapb (2). !2l Where the AuthoritY-- (a) after the time specified in paragr:1ph (1) ta), receives an appli­ cation for renewal "{ a licence: or (b) determines that a material change of circumstances has oc- curred since the licence was first granted. it shall deal with the application as if it were a fresh application made under regulation 3 and ac..:ord:ngly. all the provisions of this Part relatrng to the application for a licence shall apply. 9. r I) On the application of a person to wh:-im a licence was granted Revocation under regulation 5. the Auth,1rity may- etc. of Iiunuoo (a) revoke or suspend the licence. sub.ice! to such terms and con­ appLicatioo ditions as tht: .A.uth0ri!y may impose for the purpnse of protect­ of Licensee. ing waters. ihc e1H'ir0nment or public health; or (b) subject to pararraph (2), vary the licence. (2) 1n considering an application for the variation nf. a licen::c. the Authority' shall have re�:_rd to the- matters specified in paragraphs \a) to (h) of regulation -1-. unless the- "ariation applied for is restricted to reducing the quantit,· , f w:iter at::hor:zed to be extracted under a licence. JO. (I) Subject to p'.!rafraph (2), the Authority may, by notice ad­ Revocation, dressed to the person to whom a licence was granted under regu�ation 5, of suspension revoke the licence or su�rend it for such period as the Authority thinks forlicence breach ap;:ropriate if it is satisfied- of Act. (a) that a brea,·h of <.1ny pro\ ision of the Act or of these Regula­ ti0ns or of any term or condition subject to which the licence was granted has been -·o.nmitti:d: or (b) that there has been W:-!S!e or misuse of the waler wb..ich may be abstracteJ und.:r h.: Ji;:ence. (2J Except as pr01 i.kd in parngraph (3). the Authority shall. before revoking or suspend;ng a licence. serve on the person to whom the licen.:e was granted a n �: -:e i ::i wri ling- (a) specifying the brcxh or defat.:lt on which the Authority relies and requiring him to re::iedy it lif it i.� capable of re::1dy) within such time as ma) be specified in the notice: and

48 [No. 36) The Waler Res()11rces Act, 1YY5 (bl informing him that he may ar,ply to the Authority to be beard on the matter within such time as may be specified in the notice. (3) The Authority sbalL not be obliged to serve a notice pursuant lo paragraph (2) in relation to any breach or default if an enforce­ ment notice pursuant to section 43 of the Act is in effect in relation to such breach or defauJt. Revocation or \iceoce 11. (I) Where a licence has been granted under regulation 5 condi­ granted for tional on the a\'ailability of excess water. then such licence shall have use of effect only so long as excess water is available for abstraction and excess water. use in accordance with that licence: and accordingly, where it becomes apparent to the Authority that such excess water will become unavail­ able for abstraction and use under any licence granted 8! aforesaid, the Authority shall notify the holder of the licence in writing of the dat� (not bei�g less than thirty days from the date of service of the notice) on which the revocation of the licence shall take effect. (2) ln paragraph ( l) ''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 Act to abstract and use the water of that river, stream or watercourse, would ordinari1y run to waste. I{ evocation. 12. (1) Where the Authority is of the opinion that the person to variation of licence whom a licence was granted under regulation S has not made full use for DOD-UIO. of the licence during the preceding eighteen months, it may by notice sent by registered mail to that person 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 informing him of his right to be heard in the matter within the period specified in paragraph (3). (2) The Authority shal!- (a) consider any statement submitted pursuant to paragraph (l); (b ) if so required, give the person who made the statement an opportunity to be heard whether in person or by bis 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. (3) If within sixty days of the date of service of t?e notice � ferred to in paragraph ( l) the rerson to whom the notice was sent does not submit to the Authority a statement in writing of the reaso.os why the licence should not be revoked or suspended, �e Authonty rnay declare the licence rc:voked or varied. as the Authority thinks fit, and shall send to such person by registered mail a notice of that dccla· ration. The Water Resnurces Act. 1995 [No. 36] 49 13. (I) If the Authority is satisfied that a licence granted under Rcvocatioo, regulation 5 should be revoked. suspended or varied so aa to accom­ variation, modate the needs of another user of the water to whi.:h that licence suspension of licence to relates, it may revoke or vary the licence by notice in writing addressed accommo· to the holder, and thereupon the licence shall be revoked or shall have dale other effect only as so varied. as tbe case may be. UICf.

(2) A person whose licence has been re\'oked. 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 betv,een them. the amount of compensa­ tion shall be determined- (a) if the amount claimed does not exceed SI 0,000 1,y a Resident Magistrate's Court; or (b) in any other case, by a Judge in Chambers. 14. (1) Subject to any powers exercisable under the Act in relation Substitution or supply or to an emergency area, if the Authority is of the opinion that it is in the sou-rce of best interests of the management, conservation, development and use water. of the water resources it may, in relation to any licence granted under regulation 5. substitute 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 accommodating the needs of another user of water. the Authority in exercising its powl!rs under paragraph (1) may stipulate that compensation 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 com­ pensation, the matter shall be determined in the manner specified in regulation 13. 15. If the Authority considers it necessary in the public interest, it Variation of may vary a licence to abstract and use water in respect of the points licence for or methods of abstaction, or both, for the purpose of- certain olhet plll'pOICll. (a) protecting the source of water to which the licence relates from depletion or pollution; (b) ensuring the efficient allocation and use of water: or (c) protecting the rights of third parties, and no liability shall attach to the Authority by reason of such variation nor shall the liability of the holder of the lic.ence to pay any charge or fee be afleeted. 16. (I) Where any person succeeds to the interests of a holder of a Effect of licence granted under this Part (hereinafter referred to as "the original succession licensee") in circumstances, whether on the death of the original licensee, to intucata or otherwise, such that the continued operation of those in1erests in­ of licensee. volves 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. 50 [No. >6J Tltc Wo1rr Rt'sriur,t's Arr. /995 (2) An :irpl1cation under paragraph (I) shall be made tu tnc Authority \\ i1hin th:rty d:l\ s or !he <.1pplican!'s acquisition of the in­ terest or such longer period. nol e,cceding ninety days as the Auth1.1rity may in any case allnw. :ind the _.\u·.hority mav. \vithout going through the process required hy rc�ulation J 1�) and regulation 4. gran1 the applicant a licence. if it thinks fit. on the terms applicahle to the ori­ ginal licensee. (3) Where a person to whum paragraph ( I) refers fails to notify the Au1h0rity within the tim� :1llowcd under paragraph (2) or the Authority does not grant him a licence pursuant to that paragraph, such pers,,n shall not continue to ahstract and use water except under and in accordance with a licence granted under regulation 5. 17. (l) The owner of 1and over which an easement was constituted by agreement may nLit terminate the easement un1css- (a) he serves a notice upon the person to whom the easement was granted requiring him within thirty days of the notice, to show cause to the Authority wh\· the easement should not be terminated and such person fails to show any er sufficient cause; aad (b) not later than the date of service of the notice referred to in paragraph (a) he notitics 1he Authori1y of his intention to terminate the easement and submits to the Authority a copy 0f such notice. (2) An easement constituted under section 27 of the Act shall, if not earlier terminated, expire with the expiration of the licence in relation to which it was granted.

PART III -Protection of Underground Water Conseot for 18. (1) Ao application for the consent of the Authority required weU­ under section 34 of the Act to sink, enlarge or otherwise a 1 tcr a well- drilling. Form C. (a) shall be made lo the Authority in the form set out as Form C in the Schedule; and Schedule. (b) shall be accompanied by such maps, documents or informa­ tion as the Authority may require and by the relevant fee. (2) The Authority may grant its consent subject to such condi­ tions as it thinks fit or withhold its consent and where th,;: consent is granted, it shall be in the form sd. out as Form D in the Schedule. (3) If the Authority withholds its consent, it shall state in writ­ ing the reasons for its decision and inform the applicant 01 his nght under the Act to appeal aga1Dst that decision. (4) A consent granted pursuant to paragraph (2) may be suspended or revoked- (a) at the request in writing cf th-! person to whom the consent was given; or The Warer Reso11rccs Act, /995 [No. 36) 51 (�) by the Authority hy notice in writing addressed to that person. for breach l,f any r1.:quiremcnt.s of the Act or these Regulations relat..in� io the consent or for the breach of any of the conditions suh;�,.-1 tl1 which the consent was granted. (5) Before suspending or revoking its consent under sub-para­ graph (b) of paragraph (4) t.h� :\:..ithority shall sene on the person to whom the consent was granted a notice in writing- (a) specifying the breach on which the Authority relies and re­ quiring him Lo remcJ) it (if it is ..:apabk of remedy) within such time as may be sp:cified in the notice: and (b) informing him that be may apply to tht: Authority lo be beard on the matter within such time as may be specified in the notice. 19. (1) An application for a well-drilJer's licence required under Well· section 35 of the Act may be made to the Authorjty in the form set driller', out as Form E in the Schedule and shall be accompanied by such licence. documents or information as the Authority may require and by the Form E. relevant fee. Schedule. (2) The Authority may. subject to such terms and condition� as it thinks fit, grant a well-driller's licence or refuse to grant it but shall grant such a licence if it is satisfied that the applicant has the re­ quisite professional qualification. (3) A licence granted under paragraph (2) shall � in the form set out as Form F in the Schedule. Form F. (4) If the Authority refuses to grant a well-driller's licence, it shall state in writing the reasons for its decision and inform the appJicant of his right under the Act to appeal against the decision. 20. (1) A well-driller's licence may be suspended or revoked- (a) at the request of 1be bolder of the licence; or (b) by the Authorjty by notice in writing addressed to that person Rcvoca• tioo of on account of a breach of any provisions of the Act or th:ac well· Regulations relating to the sinking of wells or of any of the driller's terms and conditions subject to which the licence was granted. licence. (2) Before suspending or revoking the licence of a well-driller under sub-paragraph lb) of paragi-aph (I), the Authority shall serve on him a notice in writing- (a) specifying the breach on which the Authority relies and re­ quiring him to remedy it /if it is capable of remedy) within such time as may be specified in the notice; and (b) infonning him that he may apply to the Authority to be heard on the matter within such time as may be specified in the notice. 21. The provisions of regulation 8 shall apply, mutatis mutandis, ::�:�al of in respect of the renewal of a well-driller's licence as they apply in driller's respect of the renewal of a licence to abstract and use water. liccnoc.

52 [No. 36] The Water Resources Act, 1995 PA.RT TV-Misce//aneous Pm1 ers of Authority Power to 22. (1) The Authority may, by notice in writing, require any person require in· wbo- stallation of measuring (a) is the holder of a licence issued under regulation 5 to abstract devices. in· and use water; or formation. (b) i s entitled to abstract and use water without a licence in pur- suance of the provisions of section 19 (2) of the Act, to install and maintain such measuring devicca. to keep such records, and to furnish in such form and manner and within such time u may be specified in the notice, such periodical or other returns or informa­ tion as may be specified in the notice. (2) Any person on whom a notice is served under paragraph (1) and who considers that the directions contained in the notice are unreasonable or unduly onerous may make representations to the Minister with respect to them; and the Minister after consultation with the Authority may, if he thinks fit, direct the Authority to revoke or modify them. (3) Any person who fails to comply with a notice under th.is regulation shall be liable to the penalties specified in section 44 (2) of the Act. Powm of 23. (1) Any person duly authorized in writing by the Authority may entry, in­ at any reasonable time enter upon any land for the purpose of- spection, taking of (a) monitoring compliance with the provisions of the Act or samplea. these Regulations. or with any of the terms or conditions subject to which a licence, easement or consent baa been granted; (b) inspecting and investigating conditions relating to the oc­ currence and quality of surface and underground waters. in­ cluding, in par1icular- (i) installing, maintaining and reading equipment and apparatus for the recording of hydrological and hydro­ geological data: and (ii) searching for the purpose of aJCCrtaining the occurrence and quality of underground water; (c) reading or testing any meter or other measuring device in­ stalled for the purpose of_ ascertaining the amount or rate of water abstracted in pursuance of a licence granted under these Regulations; (d) taking measures to ascertain the quantity of water abstracted or capable of being abstracted by means of any works; and (e) examining records which are required to be kept under the Act or these Regulations The Wafer Resources Act, 1995 [No. 36] 53 (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 lia hie to 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 manu­ facturing process or trade secret he shall, unless Lhe disclosure is made in the course of performing his duty, be liable to lhe penalties speci­ fied in section 44 (2) of the Act. (5) The Authority shall, on demand being made by ,the owner or any other person having an interest over any land. live or dead stock. crops. 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 VJ - General 24. (1) On receipt of an application for a licence to abstract and use water the Authority shall cause a notice of the application- . Procedure on rweipt of applica· (a) to be published in the Gazette and once in each of two sue. tion for licence. cessive weeks in a daily newspaper circulating in Jamaica; and (b) to be served oa any person or body who, in the opinion of the Authority, may be affected by the proposed abstraction and use of water. (2) The Authority shall aJso 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 period, make such recommendat ions as it thinks fit respecting the application. (3) A notice under paragraph (l) sball- (a) indicate the place at which the application and all documents submitted with it may be inspected 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 applicaition was. pursuant to paragraph (I) (a), first published in such daily newspaper or, from the date of 111bmission of the application to such department or agency, as the cue may be. 54 [No. 36] The Water Resnurces Act, /995 Register. 25. (I) The Authority shall keep, in such manner as it thinks fit, a register or registers in which shall be kept a record of- (a) every licence granted to abstract and use water; (b) any consent granted for well-drilling; and (c) e\'C:ry well-drillcr"s licence. and all actions taken under the Act or these Regulations in respect of any such licence or consent shall be entered in the appropriate register. (2) Every register to which paragraph (1) refers shall be open for inspection by the public at the offices of the Authority at all reason­ able hours. free of charge, nnd the Authority shall arran�e for copies of any entry in any such register as aforesaid to he provided to any person on his request if he pays such fee as may be prescribed. Regi�­ tion or 26. An easement constituted under the Act by agreement shall- recordina of ease­ (a) where the land over or in favour of which the easement was menL created is under the operation of the Registration of Titles Act, be registered by the Registrar of Titles; and (b) where such land as aforesaid is not under the operation of the Registration of Titles Acl, 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. Ioforma· 27. (1) Any person who, pursuant to a licence granted under this tion as to Act to abstract and use water, is authorized ,t o sink a we11 and to under­ abstract underground water or who, in pursuance of the provisions of ground section 19 (2), intends ,to sink. a well and to abstract underground water 'N&tcr. shall. upon the commencement of such work, keep a journal of Lhe pro­ gress of the work. which shall include measurements of the strata passed through and of the levels at which water is struck and sub­ sequently rests and shall. when so required by the Authority. keep specimens of •the material e,;cavated from the well, and shall allow any person authorized in \\Titing by the Authority for the purpose at all reasonable times- (a) to have free access to any such well; (b) to inspect ,the well and the material excavated therefrom; (c) to take specimens of such material and of water abstracted from the we11: and (d) to inspect and take copies of or extracts from the journal re­ quired to be kept under this subsection. (2) The person sinking any such well shall, within thirty days after completion or abandonment of the work, send a complete copy of

The Water Resnurces Act. 1995 [No. 36] 55 the journal kept under subsection (I) to the Authority and shall also send to the Authority particulars of any test made of the flow of water before such complet10n or abandonment. specifying the rate of flow ·throughout the test and the duration of the test and also, where prac­ ticable, specifying the water levels during the test and thereafter until the water has returned to its natural level. (3) Where 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 of pumping at the existing works during the test. (4) Where the person sinking a well on any land is not the occupier of the land, the obligation to allow a person authorized by the Authority to exercise the rights specified in sub-paragraphs (a) to (d) of paragraph (1) sha11 be the oblig:ition of the occupier as well as of the person sinking the well. (5) The Authority may wai\'e any or all the rr.quirements pre­ scribed in paragraphs (1) to D l in respect of the sinking of any well for purposes of abstracting underground water- (a) if such well does not reach a depth 0f 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. 28. (I) Every appeal to the Minister pursuant to section 43 of the Proviliom Ad. against a decision of the Authority- n:lating lo appeal. (a) shall be commenced 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 respect of which the appeal is made. (2) The notice of appeal may be in the form of a letter and shall set forth clearly the grounds of the appeal, and the date upon which the subject matter of the appeal arose. and there shall be attached to such notice 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 to the Authority and shall also serve a oopy thereof, together with copies of any documents attached thereto, upon the respondent within the same time as a notice of appeal is required under paragraph ( l) 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 affidavit. the Pennanent Secretary may request the Authority to furnish a statement , the reasons for the decisions oomplained of, and in writing setting out the Authority shall comply therewith as soon as practicable after the request is made. 56 [No. 36] The Water Resources Act, 1995 (5) The Minister may order that any books, pepers or other documents, relating to the subject matter of the appeal which are in the possession of either party shall be produced by the party in pos­ session thereof. PART Vil - Tran.sitional Provisions Intenpreta­ 29. la this Part "prescribed ea::ictrnenl" means- tion o[ Part VII. (a) section 19(1) of the Irrigation Act: (b) section 3. 6 or 7 of the Kin!!ston and St. Andrew Watu Supply Act: (c) section 19(1 )(e), 35(e) or 50 of the Mining Act: (d) section 23 of the Petroleum Act: (e) section I 1 (1) or 11 (2) of the Underground Water Control Act. Licences· 30. (1) A licence of right referred to in section 54 (1) of the Act of right. shall be in the same form as that set out for a licence granted pursuant to regulation 5 and shall also be subject to the impiied term specified in section 23. (2) In determining the quantity of water that it should authorize to be abstracted and used under a licence of right, the Authority- (a) shall consider whether or not the applicant is entitled to abstract and use water in the exercise of any right existing immediately before the appointed day under or pursuant to a prescribed enactment: and (b) shall have regmd to the requirements of the applicant as indicated by- (i) works, machinery or apparatus which were constructed or installed before the appointed day or which were in the course 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 water may be abstracted under the licence of right. the Authority- (a) shall take into account the purpose for which the water was abstracted and used in e;w;ercise of the right ex isting immediately before the appointed day under or pursuant to a prescribed enactment; and (b) shall have regard to the requirements of the applicant as determined by such evidence as the Authority thinks reasonable and appropriate.

Licence 31. (]) A licence to abstract and use water granted pursuant to based on section 54 (2) shall be in the same form as that set out for a licence long use. granted pursuant to regulation 5 and shall also t-e �uhject to the im­ plied term specified in section 23. The Water Res()urces Act. 1995 [No. 36) 57 (2) In determining the quantity of water that it should authorize to be abstracted and w,ed under SJ1.:h licence the Authority- (a) shall take into account the quantities of water used during the period rderred to in section 54 (2) of the Act: (b) shall have regard to the requirements of the applicant a, mentioned in sub-paragraph tb) of paragraph (2) of regulation 30. (3) In making provision as to the purpose for which water may be abstracted under a liccn1.·c 10 "hil'h this scl.'tion rcrcrs. the Autho­ rity- (a) shall have regard to the purpose for which the water was abstracted and used during the period referred to in section 54 (2); and (b) shall take into account the requirements of the applicant as determined b�· such e,·id�ncc as the Authority thinks reason­ able and appropriate. 32. The provisions of these Regulations relating to the revocation, Application suspension and variation of a li,:ence granted under Part II to abstract of certain and use water and to all the procedures to be followed by an applicant provisions. and the Authority with respect to an application therefor shall apply muratis mutandis to a licence granted pursuant to this Part. 33. The Authority shall state in writing the reasons for any decision Reasons for made pursuant to this Part which has the effect of varying the use varying use of water in respect of which a licence to which this Part refers may of water be granted. to be in 9'Titina. SCHEDULE (Regulations 3 (1), 5 (4), 18 (1). (2). 19 (I). (3), 30 (I) ) foRM A (Regulation 3 (I) ) (To be completed in duplicate) Application No................... THE WATER RESOURCES ACT APPLICATION FOR A LICENCE TO ABSTRACT AND USE WATER 1. Name of Applicant. .............................................................. 2. Address of Applicant............................................................ 3. Location of proposed work or of existing work in respect of which alteration or extension is proposed........................................ 4. Name of Contractor ............................................................ 5. Address of Contractor ......................................................... . 6. Source of water for which Ucence is desired .......................... . ····· ··· ··········· · · · · ································· ················· ········ ··· ····· 58 [No. 36] The Water Resources Act, 1995 7. Purpose for wh1co water is to be used .................................... 8. If water is required for irrigation, state- (a) area and crop type to be irrigated............................. . (b) system of irrigation ................................................... 9. Means of disposal of excess or waste water........................... • • • • •♦ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •••I• I I I I I• I •••···•·•········ ...•••

10. Technical details: (i) Estimated depth of borehole or well..................metres (ii) Diameter of borehole or well ..................... centimetres (iii) Jn the case of. artesian supplies, the method proposed for controlling the flow from the borehole and for pre\·enting leakage around the borehole lining ........................... . ...... . . . ... . ... . . . . . . . . . . .. .. . . . . . .... .. . . .. . .. . ..... . . . . . .. . ...... . ...... (iv) Geological strata from which water is to be drawn. e.g. limestone. gravel. etc............................................ ... (v) State the method of abstracting water....................... . • • • ♦ o • 0 I O • • • • • • • • • 0 • 0 0 o O o o o O O O o, 0 ♦ 0 0 0 0 • 0 0 ♦ 0 I o O O • 0 0 • • 0 0 ♦ 0 0 o • o o ♦ ♦ 0 0 0 e ♦ • ♦ 0 II♦ • 0 (vi) Maximum daily quantity of water to be abstracted in cubic metres......................................................... (vii) Type of apparatus proposed for measurina and recoroina the rate of absll'8Ction ............................................ (vijj) Other relevant technical information........................ .. ········· · · · ·•• · · · · · · · · · · · · · · · · · · · · ····· · · · · · · · · · · · ··· ·· · · · · · ·· ···· · · ······ 11. State whether any request for a supply of water has been made to the National Water Commission or National Irrigation Commis- sion Ltd. and, if so, v.ritb what result.................................... . .. . ... . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . .. . . . .. . . . .. . . . .. . . .......... .. .. . ...... . . .. ... . .. 12. Any further information which the Authority may take into account in considering the application ................................... . · · · · · ·· ·· · · · · ·· · · · · · ········ · · · ·· · · · ·····- · · · · · · · ·•• 1 ••·· · · · ····· ···.. · ··········· ······· 0 0 0 0 1 0 0 , , , 0 0 0 0 1 , , 0 , 1 0 0 0 , 1 0 0 0 0 0 0 , 0 , , 0 0 • • 0 0 10 0 0 0 • 0 0 , o • • , o ♦ •, o o o o ♦ • o • I I♦ I Io I I • ♦ • • • • • I I I II• I • The Water Resources Acr. 1995 [No. 36] 59 ,Vote: Completed fonns must be accompanjed by: (I) two copies of a map on a scale of I :50,000 sh0wing location of works: (2) such other documents as the Authority may require; and (3) the relevant fee. I hereby applv for a licence under the Water Resources Act and declare that to the best of my knowledge and belief the particulars set out in this application are true and correct. Signatur e of Applicant Date To bt completed by the Secretary of the Authority Indicate whether licence granted or refused .................................... Date of grant or refusal of licence............................................... . ll a pplication refused, reason for refusal. ...................................... "' ....................................................... ........ .... ... ....... ..... ...... .. .. . I••• e • I • I . I e I• I I I I. e I e ♦ 1 t I I. I I ••• I I I It •II 1. I♦ I It It I• t • ♦ • • • ♦ 1 I I I t o o o • ♦ 1 ♦ ♦ o • • •I • • o • • • • • • • • ♦ • • • • • •

Secretary. Water Resources Authority. Date FollM B (Regulation 5 (4) ) Licence No ................... TI1E WATER RESOURCES ACT LICENCE TO ABSTRACT AND USE WATER •··· •·········· ..... • •· • •········ .. •·· ......... ............................................of Name of Licensee .......................................................... .................................... Address of Licensee is b�r�by granted a Jicence to abstract and use water. subject to the pr ov1s1om of th e Water Resources Act and Regulations made there. under and to the terms and conditions herein specified. 60 [No. 36] The Water Resources Act, 1995 Terms and Condirions of Licence I. 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: • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • •• • • • • ••• • • • • • • • • • • • • • • • • t • • • • • • • • •• •• •• • • •••••• . . . . . . ....... . . . .... . .. . . ....... . . . . .. . .. - . . .. . . . . . . . .... . . .................... . ...... . • • • ■ • • • • O • • • • • ■ O I • • • • • • • • • • • • • • • • • • • • • I I • • ■ • •• 0 0 • • • • • • ■• 0 • 0 ■ • • ■ ■ • I ■•■ .I ■■ e ■ .e. ■ • ■•■ •• I ■ 3. Water may be abstracted pursuant to this licence in the following manner only: .................................................................... . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • - • • • • • • • • • • • I • • • • • • • • • • I. ♦♦••• • I • t ■ tee I • • • I ♦ • I • 4. Within thirty (30) days of 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 meter (of a type approved by the AuLhority) for the purpose of measuring the water abltracted.

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 monthJ from the date of the iaauc thereof, no water ia abstract.cd or wed from the approved source pursuant to such licence. 7. The licence shall be va1id from a period of ........................from the date of the issue thereof, subject to the provisions of the Act and Regulations made thereunder relating to its revocation, suspen­ sion and variation. Tm Water Resources Act, 1995 [No. 36] 61 Additional Ttrms and Conditions (if any) Dated this day of , 19 Seal ····························· ................ Secretary, Water Resources Authority. 62 [No. 36] The Water Resources Act, 1995 FORM C (Regulation 18 (1) ) <To be completed in duplicaJe) Application No................... THE WATER RESOURCES ACT APPLICATION FOR CONSENl OF AUTHORITY TO WELL-DRlLLlr-.G I. 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 well­ drilling is to take place (i.e. whether you are owner, lessee, tenant, etc.) 5. Name of Drilling Contractor.................................................. . 6. Address of Drilling Contractor ................................................ 7. Purpose of drilling .............................................................. . &. Technical details: (i) Esll·mated d epth of boreh o 1e or we 11 ..................met res (ii) Diameter of borehole or well........................centimetres (iii) Method of drilling ................................................... (iv) Method of construction............................................. (v) In the case of arte,ian supplies, the method proposed fo1 controlling the flow from the borehole and for preventing leakage around the borehole lining............, ................. ························-····· · · ······ · · ································•· ·· (vi) Other technical information...................................... . 9 Any further mat,ers which the Authority should take into account in considering the application .............................................. .. •····· · ··· ·········· ·•··········· ·· ···•-~·········································-···