Lesotho Highlands Development Authority Order (No. 23 of 1986)

LESOTHO HIGHLANDS DEVELOPMENT AUTHORITY ORDER, 1986 Section: Arrangement of Sections PART I - Preliminary 1 Short Title 2 Commencement 3 Interpretation PART II - Th e Authority 4 Establishm ent of the Authority 5 Common Seal 6 Custody of the Seal PART III - Chief Execut ive 7 Appointment of th e Chief Executive 8 Functions of the Chief Executive PART IV - Th e Board 9 Composition of th e Board 10 Tenure of office 11 Vacancy 12 Meetings of th e Board 13 Remuneration of members of th e Board 14 Personal immunity 15 Disclosure of interest 16 Prohibition of intere sts in water or electrical under takings PART V - Officers and Servants of th e Authority 17 Secretary 18 Appointment and control of officers and serva nts of th e Authority PART VI - Functions of th e Authority 19 General functions 20 Functions and obligations in respect of th e Lesoth o Highlands Water Project 21 Power to employ contractors 22 Employment of technical advisers 23 General power of entry on land 24 Aut hority to consult with Ministries PART VII - Financial Provisions 25 Funds , assets, resources and liabilities 26 Investments 27 Bank accounts 28 Appropriation of revenues 29 Exemption fro m taxati on 30 Borrowing powers 31 Authority to cover outgoings 32 Accounts and audit 33 Information to be furnished to the Minister 34 Superannuation, pensions,etc. PART VIII - Th e Scheme 35 Preparation and approval of scheme 36 Amendment of approved scheme 37 Execution of approved scheme 38 Acquisition of int erests in land , etc. 39 Entry on land 40 Deposit of maps, plans, etc. 41 Storage and supply of water and genera tion of electricity 42 Protection of fisheries 43 Power to prohibit navi gation PART IX - Compensat ion 44 Assessment of compensatio n 45 Tim e for claims for compensation 46 Executi on of works in lieu of compensation PART X - Particular Powers and Duties of the Authority 47 Non-application of th e Roads Act 48 Duties of th e Authority with regard to public roads and bridges 49 Power to alte r levels of lakes PART XI - Environment Pro tection 50 Envi ronmental and amenity provisions PART XII-Ancillary Developments 51 Fishery development 52 Recreation 53 Irrigat ion and drainage 54 Authority to cooperate with Departments PART XlII - Off ences and Penalties 55 Obstruction of Authority, its officers and servants, etc. 56 Prohibition of discharge of corrosive matters 57 Damaging, destroying, interfering with or trespassing on works PA RT XIV - Rules and Regulations 58 Power to make rules 59 Regulati ons ORDER NO. 23 OF 1986 Lesoth o H ighlands Development Authority Order, 1986 [Date of Commencement: 24-10-86] ) ORDER To establish the Lesotho Highl ands Development Authority, provide for its functions and for connected purposes. PART I - Pre liminary 1. This Order may be cited as the Lesotho Highl ands Short title Development Authority Order, 1986. 2. This Order shall be deemed to have come into operation Commence on 24th October, 1986. ment 3. In thi s Order, unless the context otherwise requires: "Authority" means the Lesotho Highlands Development Authori ty esta blished under Section 4; "Board" means th e Board of th e Authority established under Section 9; "Cha irman" means a person holding th e office of chairman of th e Board constituted under Section 9; "Chief Executive" means the Chief Executiv e of the Autho rity appointed under Section 7; "financia l year" means the period of 12 months commencing on th e first day of April and terminating on th e last day of March; "member" or "member of the Board" means a person appointed to be a member of the Board under Section 9; "Minister" means the Minister responsible for Water, Energy and Mining; "road authority" means a person appointed to be a road authority under Section 3(1) of the Roads Act, 1969; "Secretary" means Secretary of the Board app ointed under Section 17. PART II - Th e Authority 4. (l ) There is established an authority to be known as the Lesotho Highlands Development Authority. (2) The Author ity (a ) is a body corpo rate with perpetual succession; (b) is capable of: (i) suing and being sued in its own name; Interpreta tation A. 24 of 1969 Establish ment of the Authority Common seal Custody of seal Appoint ment of the Ch ief Executi ve Functions of the Chief Executive ~: \ ~ "" .t Composi tio n of the Board (ii) performi ng all such acts as are necessary for or incidenta l to the attainment of the purposes of th e Authority; and (iii) performing the duties imposed on it and the powers confe rred on it by or under this Order. 5. (1 ) The Authori ty shall have a common seal. (2) The affixing of the seal shall be authenticated by th e signature of the Chairman of the Board or such other member authori sed either generally or speciall y by the Board to act for that purpose and of the Secretary or some other person au thorised either generally or specia lly by th e Board to act for th at purpose. (3) A certificate signed by the Chairman or other memb er th at any instrument purporting to be made or issued by or on behalf of the Board was so mad e or issued shall be conclusive evidence of that fact. (4) Every document purporting to be an instrument made or issued by or on behalf of the Authori ty and to be sealed with the seal of the Authority and authenticated in the manner pro vided by this section shall be received in evidence and be deemed to be such an instrument and to be so made or issued without further proof unle ss the contrary is shown. (5) In appropriate cases the seal may be affixed outs ide Lesotho. 6. The seal of the Auth ority shall be kept in the custody of the Secretary. PART III - Chief Executive 7. (1) There shall be a Chief Executive of the Authority who shall be appointe d by the Minister on such terms and con ditions as the Ministe r may determin e. (2) The Chief Executive shall hold office for a period of five years and shall be eligib le for re-appointment. 8. The Chief Executive shall be responsible for the execu tion of the policy of the Aut hori ty and the transaction of its day to day business . PART IV - Th e Board 9. (1) The governing body of the Aut hority shall be a Board of Directors. (2) The Board shall consist of: (a) th e Prin cipal Secretary of th e Ministry of Water, Energy and Mining, who shall be Chairman; (b) the Chief Executive appointed under Section 7, who shall be an ex-officio member; and (c) five other members. (3) Members referred to in subsection (2) (c) shall be appointed by th e Minister on such terms and conditions as the Minister may dete rmine. 10. (1) A person shall not be appointed to be a member of the Board und er Section 9 (2) (c) unl ess he has had ex perience and shown capacity in managerial, technical and financial matters. (2) Subject to Section 9 (3) , a member of the Board, other than the Chairman and th e Chief Executive, shall hold office for a period of three yea rs and shall be eligible for re-appointment. (3) A member, oth er than the Chairman and the Chief Executive, shall vacate office if he, (a) accepts or conti nues to hold office as an aud itor of the Authority; (b ) accepts or conti nues to hold office or employment with the Author ity; (c) becomes bankru pt; (d) becomes of unsound mind or otherwise becomes in competent to act as a member due to physical disabili ties ; (e) has been convicted of an offence and sentenced to imprisonment without the option of a fine; ( f) has been absent fro m three consecutive meetings of th e Board with out the permission of the Chairman; or (g) resigns his office by written notice to the Minister. (4) The Minister may termina te the appointment of a member, other than th e Cha irman, if it is necessary in the interest of th e effe ctive performance of the functions of the Authority und er this Order or if the public in terest so requires. (5) If a memb er ceases to be such member under sub section (3) the Board shall inform the fact and th e date of cessation to the Minister. (6) Every appointment or termination of appointment under thi s section shall be pub lished by th e Minister by notice in the Gazette. 11. If a memb er dies, resigns, or otherwise vacates his office before the expiry of the term for which he was appointed, another person shall be appoint ed by the Minister at the earliest opportunity to fill th e vacancy. 12. (1) The Board shall meet as ofte n as the business of the Authority may require, bu t in any case not less than four times in each fin ancial year. (2) The Chairman shall preside at all meetings of the Board and, in his absence, th e members present shall elect one Tenure of oftice Vacancy Meetlnll3 of the Boord Remunera tion of members of Board Personal immunity Disclosure of interest Prohibition of interests in water or electrical under takings of th eir nu mber to pres ide. (3) Any question before the Board at a meeting shall be decided by the majority of votes of the members present and voting. (4) The quorum at a meeting of the Board shall be five memb ers. (5) A presiding member shall have a delib erative vote and in the event of an equality of votes, he shall have a casting vote . (6) Subj ect to this section, th e Board shall regulate its own proced ure . (7) The validity of any act or proceedings of th e Board shall not be affected by any vacancy among the members or by any defect subsequently discovered in the appointment of a member or by reason tha t some person who was not enti tled to do so took part th erein. 13. A member of th e Board shall be paid such remunera tion, fees and allowances for expenses as may be determined by the Ministe r. 14. No member of the Board shall be personally liable for any debt or obligation of the Authority. 15. A member who has any direct or indirect interest in any company or concern with which the Authority proposes to make any cont ract or any interest in such contract shall disclose to th e Board the fac t of that interest, and such disclosure shall be recorded in th e minutes of the Board and such member shall refrain fro m voting on any matter relating thereto. 16. (1) A member shall, within three months afte r taking office, sell and dispose of all share s in any undertaking, storing and supp lying water or in any electrical undertaking inconsis tent with the in terest of the Authority which he shall at the time of his appointment own or be interested in for his own benefit. (2) If any shares in any such undertaking shall come to or vest in a member by will or succession for his own benefit, he shall, within th ree months afte r th e shares shall have come to or vested in him , sell and dispose of the shares or his interest therein. (3) A member sha ll not , while he holds that office, purchase, take or become interested in, for his own benefit, any shares in any undertaking, storing or supplying water or in any electrical und ertaking. (4) A member who shall retain, purchase, take, or be come or remain interested in any sha res in any undertaking, storing or supplying water or in any electrica l undertaking in contravention of this section shall be disqualified from member ship and be deemed to have vacated his office as such member. (5) In this section, "shares in any undertaking, storing or supplying water and electrical und ertaking" means any stock, shares, debentures, debenture stock, bonds or othe r securities of any company engaged in the storing or supplying of water or the generation, distribution or supply of electricity or the manufacture, importation and installation of water or electrical apparatus, and includes any share or int erest in any unincorpo rated undertaking similarly engaged. PART V-Officers and Servants of the Authority. 17. (1) There shall be a Secretary of the Board who shall be appointed by the Board. (2) The Secretary shall be responsible for the taking and keeping of minutes of the meetings of the Board, the custody of the sea l and shall perform such oth er functions as may be con fer red on him . 18. (1) The Authority shall have such other officers, servants and agents as may be appointed by the Board. (2) The Authority shall pay to its officers, servants and agents such remuneration and allowances as the Board may determine . (3) The officers, servants and agents of the Authority shall be under the administrative control of th e Chief Executive. PART VI - Functions of the Authority 19. (1) The Authority shall, (a) notwithstanding the Water Resources Act, 1978, (i) undertake studies, design, construct, operate and maintain water storage and supply schemes and supply, sell , export and distribute water from such schemes; (ii) secure th e supply of water at reasonable prices ; (iii) promote and encourage the economic and efficient use of water, and especially the use thereof for domestic social, commercial, navigation, fisheri es, agricultll ral, industrial, manu fact uring, recreation al and tou rist purposes; (iv) promote and encourage works for drainage, flood control and pro tection of the catchment areas ; (v) keep itself informed of developments relating to the storage and supply of water from natural sources within Lesotho, with particular reference to th e implications of th e Government of Lesotho for such developments; (vi) conduct resear ch, experiments or trials for the improvement of meth ods of storing, distribution, supply and use of water and incur expenditure for th e purpose as th e Autho rity may think fit, and Secretary Appoint ment and cont rol of officers and servants of the Aut hority Genera l functions A. 22 of 1978 A.7 of 1959 A. 17 of 1979 A. 30 of 1984 A. 31 of 1984 make contributions to the expenditure of any other person engaged on such re search, experiments or trials with th e object of achieving such improve ments or promoting th e optimum use of water; (vii) at the discretion of the Minister, store, divert, re gulate, deliver and supply wate r to appropriate autho rities for consumption, irrigation, industry, mining, domestic or other purposes; and (viii ) provide advice on all matters re lating to the storage and distributi on of water and th e construc tion of hydroelectric scheme; (b) not withstanding the Electricity Act, 1969, (i ) undertake studies, design, construct, operate and maintain hydro electric schemes and transmit, distribute, supply and sell power in bulk from such schemes; (i i ) generate, transform, sell and supply electricity in bulk to th e Lesotho Electricity Corporation, and to other competent authoriti es; (c) make such provisions as appear appropr iate for advan cing th e skill of its employees by education, training and otherwise; (d ) undertake monitoring activities, including regular safety inspections in accordance with recognised in tern ational standards to ensure the safe and efficient design, const ructio n and use of all works carried out in connection with an approved scheme, particularly on high dams; (e) subject to the Land Act, 1979, (i) sell, exchange, lease, dispose of, turn to account or otherwise deal with its asse ts for such considera tion as it thinks fit ; (Ii) purchase, take on lease, build or otherwise acquire houses for its employees and sell , let or sublet such houses to its employees and may evict such employees on th e cessation of employment after giving one month' s notice; (f) subject to th e Pa tents Act, 1984, and the Trademarks Act, 1984, apply for, purchase or otherwise acquire, pro tect, prolong and renew any patents, patent r ights, licences, trademarks, concess ions or other rights, and deal with and alienate such ri ghts; (g) enter into such contracts as may be necessary for th e performance of its func tions: provided th at any contract in res pect of land or servi tudes sha ll be subject to the Land Act, 1979: (h) insure against all normal commercial ri sks associat ed with the operations of the Authority; and (i) generally perform such duties and exercise such powers as are conferred by the Minister by regula tions . (2) In carrying out any scheme under this section, the Authority shall, (a) ensure that its activities min imise any deteriorati on at that time or at any tim e thereafte r in the health and ecological standards in the area of th e scheme beyond the standards existin g imm ediately prior to th e com mencement of th e works connecte d with the scheme; and (b) conform to the highest standards of manageri al , fina n cial and technical competence, expertise and pra ctice. (3) For the purposes of subsections (1 ) and (2) , th e Authority may: (a) purchase, take on lease or otherwise acquire and hold any property and interest in or ri ghts over land, water rights and any other rights which th e Authority deems necessary or expedient and which will facilitate the efficient performance of its functions und er th is Order ; and (b) carry out such activities as may app ear to it requ isite, advantageous or convenient for or in connectio n with the performance of its functions un der this Orde r or with a view to making the best use of its assets. 20. The Authority is entrus ted with the re sponsibility for the implementation, operation and maintenance of the Lesoth o Highlands Water Proj ect as defined in the Treaty on th e Lesotho Highlands Water Project between the Government of the Kingdom of Lesotho and the Government of the Republic of South Africa, and shall give full effect to th e ri ght s and duties of the Joint Permanent Technical Commission provided for in th e Treaty. 21. (1) Where th e Authority is authorised by th is Order to execute any work , the Authority may, in lieu of executing such work by its own officers and serva nts, contract with any person for the execution of the whole or part of such work by such person and may, for th at purpose, enter into such cont racts and agre ements as may be requisite. (2) Where the Authority contracts with any person for the execution by him of any work in accordance with this section, the Authority may, by contract or agreement with such person, delegate to him the right to execute such work and, th ereupon, such person shall have the right, concurrently with the Authority, to do such work and to exercise such of th e powers conferred on the Authority by thi s Order as are necessary for the purpose of doing such work and as are specified in such contrac t or agree ment. Functions and obliga tions in respect of the Lesotho Highlands Water Project Power to emp loy contractors Employ, ment of technical advisers General powers of entry on land Authority to consult with Ministr ies Funds, assets , resources and liabili ties (3) Reference in this Order to th e doing of any work or thing by the Authority shall be construed as including the doing of such work or thing by a cont rac tor employed and authorised in that behalf by the Authority und er thi s section, 22. (1) The Authority may, from tim e to time, employ such technical or othe r advisers as it thinks fit to advise it in respect of any matter or th ing in connect ion with the exercise of its fun ctions under this Order. (2) There shall be pa id out of the fund s at the disposal of the Authority under this Order to any person employed by th e Auth ority und er th is section, such fees and allowances as the Author ity shall dete rm ine . 23. The Auth ority and its officers, serva nts and agent s may, afte r giving reasonable notice to the occupier or person in charge of any land, enter on th e land for the purpose of doing thereon or at any other land all or any of the things which the Authority is authorised by this Order to do or making any inquiry, investigation or exa mination preliminary to the doing of any such th ing. 24. In the perfor mance of its functions und er thi s Order, the Authori ty shall consult wit h Ministries, departments and other statutory bodies likely to be affe cted by its operations. PART VII - FinanciaL Provisions 25. The fu nds, assets, resources and liabilities of the Auth ority consist of: (a) all funds, assets, resources and liabilities und er any contract entere d into by the Authority and any other person on behalf of the Aut hority prior to its establish ment that have been assumed and accepted by the Auth ori ty; (b) all monies or property that may, from time to time, be donated, lent or grante d to the Authority; (i) by the Government of Lesotho or by a Ministry Department or other agency of th e Government of Lesotho pursuant to any powers lawfully vested in it by an Appropriation Orde r, or othe rwise ; or (ii) by the Government of another country or by a person or by an inte rnational orga nisation; (c) all property and investments acquire d by or vested in the Authority and all monies earned or arising there from ; (d) all sums, from time to time, received or fall ing due to the Aut hority in resp ect of the payment of any loan or advance made by the Author ity or the interest pay able in respect of any such loan or advance; (e) any monies raised or borrowed by th e Authority under Section 30; and (f) such other monies or property as may, in any manner, become payable to or vested in th e Authority in respect of any matter incidental to its purposes and functions. 26. (1) The Authority shall estab lish a general fund into which all monies received by it shall be paid in the first instance and out of which all payments by it shall be made, except pay ments from a reserve fund est ablished under this section . (2) The Authority shall establish such other funds as may be requisite and shall maintain, make contributions to and mak e payments from such funds as may be necessary for th e proper and efficient discharge of its fun ctions. (3) The Authority shall establish and maintain a reserve fund and , out of its revenue , make contributions to such fund for the purpose of performing its functio ns. (4) Th e Authority may: (a ) invest any monies which are not immediately required, and which are in a fund established under th is section, in such investm ents and securities as it may find prudent and convenient; and (b) realise any investments, secu rities or loans under its control in order to finance its operations or for th e purpose of reinvestm ent in accordance with this sub section. 27. The Authority may open and maintain an account or accounts with an approved bank or approved bank s and shall maintain at all time at least one such account. 28. All income and property and all reve nues of th e Auth ority acquired from whateve r source are to be appli ed .ex elusively to the fulfilment of the purp oses of the Authority, 29. (1) Notwithstanding anyt hing to the contrary in any written law contained, and subject to sub-section (2) , th e Autho rity is not liable to pay any sales tax payable under th e Sales Tax Act 1982, tax on any income or profits from any source pay able under the Income Tax Act 1981, transfer duties payable under th e Transfer Duty Act 1966, stamp duties payable under the Stamp Duties Order 1972 and any fees payable und er th e Deeds Registry Act 1967. (2) The Authority is liable to pay ground rent payable under th e Land Act, 1979, and rates payable under the Valuation and Rating Act, 1980. 30. (1) Subject to th e Loans (Statutory Bodies) Act, 1975, the Authority may : (a ) borrow temporarily by way of bank overdraft or oth er wise from inside or outside Lesotho, such sums as it may require for meeting its obligations or performing its functions; and (b) from t ime to time, from inside or out side Lesotho, Investments Bank accounts Appropri tlon of reve nues Exemption from taxa tion A . 8 of 1982 A. 7 of 1981 A. 7 of 1966 0 . 5 of 1972 A. 12 of 1967 A. 17 of 1979 A. 10 of 1980 Borrowin g powe rs A. 22 of 197~ Authority to cover outgoings Accounts and audit A. 9 of 1977 raise money by way of loans, in such amounts and for such purpose and periods as may be authorised by the Minister. (2) The repayment of monies borrowed by the Authori ty and the payment of interest thereon and of all charges connected with such borrowing shall be a liability of the Authority and shall be charged on such or such of its assets and revenue and on such conditions as may be agreed upon between the Aut ho rity and the lender. (3) The Minister may from time to time, following eon sultation with the Minister of Finance, specify the amount of capital commitment of the Authority, which amount shall not be exceeded by the Authority. 31. (1) The Authority shall so perform its functions as to ensure that, taking one year with another, its reve nues are sufficient to meet the expenditure properly chargeable to revenue account. (2) For the purpose of subsection (1) "the expenditure properly chargeable to revenue account" means all charges which in the normal conduct of business are proper to be charged to revenue account, including in particular adequate provisions for : (a ) th e depreciation or renewal of assets; (b) th e redemption of any loan raised by the Authority; and (c) prudent reserves. 32. (1) The Authority shall keep proper accounts and other fin ancial records in relation to the business of the Aut hori ty and such accounts and re cords shall conform with the accoun ting principles generally applied in commercial practice. (2) The accounts of the Authority shall be audited by an extern al audito r appointed by the Authority: provided that no person shall be qualified for appointment as an auditor of the Authority unle ss he is a member of the Lesotho Institute of Chartered Accountants in terms of section 14 of the Accountants Act, 1977. (3) The followin g persons shall not be appointed as auditors of the Authority: (a) a member of th e Board , an officer or servant of the Authority; (b) a person who is a partner of a member of the Board, or of an officer or of a servant of the Authority; (c) a person who is an employer or employee of a member of th e Board, or of an officer or of a servant of the Authority; (d) a person who is an officer or servant of a body corpo rate which is employed by the Authority; (e) a person who, by him self or his partner or his em ployee, regularly performs the duties of Secretary or bookkeeper to the Authority; or (f) a body corporate. 33. The Authority shall, not later than th ree months after the end of the financial year, submit to the Minister: (a) a balance shee t and profit s and loss account that truly and correctly reflects th e state of affairs of the Autho rity at the end of th e last prece ding financial year; (b) a report signe d by th e auditor app ointed under section 32 (2) after examination of the accounts of the Authority, (I) containing a statement that to the best of his knowledge and belief and on information supplied to him, th e balance sheet and profit and loss ac count reflect a true sta tement of the asse ts and liabilities of the Authori ty at the end of the last precedin g financial year and of the profit and loss for the period covered; or . (i i ) if he is unable to make the statement or to make it without qualificati on, containing particulars of the facts or circumstances th at prevent him from making that statement, or an indication of that qualification, as the case may be; and (c) a report of th e Authori ty concerning t~e business of the Authority during th e last precedmg financial year and its future policy pro gramm e. 34. (1) Th e Authority shall establish and maintain pen sions, superannuation, provident and othe r funds as it may consider desirable for th e provision of payments, gratuities or other allowances on death, sickness, injury, superannuation, re signation, retirement or discharge of its officers or servants and th eir dependants. (2) Th e Authority may contract with an insurance com pany or other body for the maintenance of such funds. PART VIII - The Scheme 35. (1) Notwithstanding the Wat er Resources Act, 1978, and th e Electricity Act, 1969, the Authority may prepare and submit to th e Minister a Scheme: (a) for the developm ent of water resources in Lesotho for the purposes of storing, distr ibuting and supplying water; or (b) for the execution of works necessary for the generation of electricity by means of hydraulic power derived from th e waters of any specified river impounded and made available for th e purpose by means of a dam and other engineering work s to be constructed by the Authority under this Order. Information to be furnished to the Minister Superan nuation, pensions, etc. Preparation and approval of scheme A. 22 of 1978 A. 7 of 1969 Amendment of approved scheme Execution of approved sc:b.eme (2) Where a scheme is submitted to the Ministe~ by the Authori ty under subsection (il) , the MInister shall consider the scheme and may, after consultation with such other relevant Ministers; (a) by order, published in the Gazette, approve such scheme; (b) refer the scheme back to the Authority for reconsidera tion and resubmission to him ; or (c) re fuse to approve such scheme. (3) In th is Order, "approval order" ~eans an o:der made by th e Minister approving a sche~~ submitted to h,l,m by the Authority under th is section, and approved ~cheme means a scheme approved by the Minister by order and In the case of any such sche me so approved with alteration, such scheme as so approved. 36. (1) Where, in the course of carrying out an approved scheme, it appears to th e Authority to be necessary t~at such scheme should be amended in any respect, the Authority may prepare such amendment of the approved sc~eme as it th inks pro per and subm it th e amendment to th e Minister. (2) Where an amendment of an approved scheme is sub mitted to the Minister under this section, the Minister shall consider the amendment and may, after consultation with such other relevant Ministers: (a) by order, published in the Gazette, approve the amend ment; (b) refer the amendment back to the Authority for recon sideration and submission to him; or (c) refuse to approve the amendment. (3) Where the Minister approves an amendment of an approved scheme under this Section, the approved scheme shall have effect with and subject to such amendment, and, accord ingly, reference in th is Order to an approved scheme in addition to the approved scheme be construed and have effect whe rever the context so permits as reference to th e approved scheme as so amend ed. 37. (1) As soon as conveniently may be after the approval by the Minister of an approved scheme, the Authority shall execute th e scheme. (2) For th e purposes of carrying out an approved scheme th e Authority may, in accordance with such scheme: (a) make such additions, omissions, variations and devia tions as may be necessary in the course of the work; and (b ) do such of the following things as are expressly or by implication provided for by such scheme.: (i ) impound, hold up, divert, export, take and use the waters of the rive rs to which such approved scheme relates and the waters of the river or stream, tributary to, and of any lake, pond, or canal on or connected with, the said rivers to which the ap proved scheme relates; (ii) embank, dam, dredge, deepen , widen , straighten, divert or otherwise alter the r ivers to which the approved scheme relates or any river or stream tributary to those rivers; (iii) embank, dam, dredge, alte r the canal of, and otherwise affect any lake, pond or other water on or connected direct ly or indirectly with the rivers to which the approved scheme relates; (iv) remove, alte r, repair or reconstruct any sluice, weir, dam, embankment, quay, harbour, landing place, boat house, or other similar work in the rivers to which the approved scheme relates or in any r iver or stream, tributary to those rivers or any lake connected therewith, or any other water; (v) construct and maintain tunnels, sluices, weirs , dams, embankments and other simila r works in cluding passages for the ascent and descent of fish; (vi) construct and maintain generating sta tions, trans former stations, and other stations and places for generating, transform ing, storing, transmitting or otherwise dealing with electricity genera ted in pursuance of the approved scheme; (vii) purchase, hire or otherwise provide and maintain machinery, plant and equipment for all generating stations, transformer stations, other stations and places constructed under sub-paragraph «vi) ; (viii) construct or otherwise provide and maintain houses or other dwelling accommodation and canteens, churches, and other places of worsh ip, clubs, places of refreshment or recreation for persons employed in the construction of works, and for persons affected by the approved scheme; (ix) subject to this Order, close, divert, remove, sub merge or otherwise interfere with any public road and bridge; or (x) do any act or thing which may be necessary for or incidental to the doing of anything which the Authority is by this subsecti on authorised to do. (3) Notwithstanding anything contained in any other enactment and for the avoidance of doubt, it is hereby declared that wher e the Minister has approved a scheme pursuant to A. 14 of 1980 (a) before commencing the construction of any particular part of the works required for the purpose of the approved scheme to which the order relates; (b) before commencing to do for that purpose any par ticular thing which the Authority is authorised by this Order to do, for that purpose; (c) before entering on land or premises; or (d) before exercising any right or interfering with any property corporeal or incorporeal under thi s Order, the Authority shall cause maps, plans and books of reference in relation to such particular part of such works or such particular thing or such land, premises, right or property, as the case may be, to be deposi ted in accordance with thi s section. (2) The maps and plans required by this section to be deposit ed by the Authority in relation to an approved scheme shall be sufficient in quantity and character to show on adequate scales: (a) the extent of the works in relation to which they are deposited; (b) all property corporeal and incorporeal proposed to be acquired for the purpose of such work s; and (c) any interference, so far as it can be shown on a drawing proposed to be made for the purpose of such works, with any property corporeal or incorporeal or any public road or bridge. (3) The books of reference required by this section to be deposited by the Authority in relation to an approved scheme shall contain: (a) the na mes of the lessees or reputed lessees, if any, and the names of occupiers of all land in which an interest is proposed to be acquired or otherwise affected under this Order for the purpose of the works in relation to which such books of reference are deposited; and (b) the description of all property corporeal or incorporeal including public roads and bridges proposed to be in any way interfered with under this Order for the purpose of the works. (4) The maps, plans and books of reference required by thi s section to be deposited by the Authority in relation to an approved scheme shall, (a ) be deposited , (i) at the office of the Chief Surveyor in terms of Section 18 of the Land Survey Act, 1980; (ii) at the head and local offices of the Authority ; and (i ii) at such other places as shall be prescribed by the Minister in the approval order relating to such approved scheme, and shall r emain so deposi ted un til the completion of such approved scheme; and (b) whil e so deposited, be open to inspection by any person, free of charge, between th e hours of eight o'clock in the morning and four o'clock in the afternoon every day except on Saturdays, Sundays and public holidays. (5) As soon as may be after the deposit of any maps , plans, or books of reference under this section, the Authority shall give public notice of such deposit by advertisement published in a newspaper circulating in Maseru and in such other newspapers as may be prescribed by the Minister in the relevant approval order or by any other mea ns. (6) Every public notice given by the Authority under subsection (5) shall state that the maps, plans and books of reference to which such notice rela tes are open to public in spection in accordance with th is section and shall state the times and places at which they are so open to inspection. 41. Subject to this Order, where an approved scheme has been carried out and th e water or hydroelectric works provided by such scheme have been completed with such additions, omis sion, variations and deviations as shall have been found necessary in the course of such work, the Authority shall store and supply water and generate and supply electricity by means of such works in such manner as shall, in the opinion of the Authority, be necessary for exercising its powers and fulfilling its duties and obligations. 42 (1) Subj ect to subsection (2), in the carrying out of an approved scheme, th e Authori ty shall : (a) take such precautions and mak e such provisions; or (b) in the case of works executed by a contrac tor, ensure that the contractor takes such precautions and makes such provi sions, as the Minister may consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the carrying out of the approved scheme. (2) The Minister sha ll, in consultation with the Authority, satisfy hims elf that the taki ng of such precautions and the making of such pro visions will not cause substantial detriment to the works provided for by the approved scheme or substantial increase in th e cost of such works. 43. (l ) Th e Minister may, by order published in th e Gazette or otherwise, whenever he thinks it necessary for th e due execution of an approved scheme or for the operation of wor~s constructed in pursuance of an approved scheme, prohibit, durmg such period as he shall cons ider necessary for the purpose o.f sU~h execution, or. such opera tion, as the case may be, naviga tion in or upon a river, or any particular part of a river or Storage and supply of water and generation of electricity Protection of fisheries Power to prohibit navigation Assessment of compen sation Time for claims for compensa tion t -- . Execution of works in lieu of com pensation Non-appli cation of the Roads Act artificial lake or a navigable channel, to which such approved scheme relates. (2) The Minister may make an order under subsection (1) notwithstanding any enac tment declaring the river, artificial lake or navigable channel to which the order relates to be a publi c navigable river or stretch of water. (3) Whenever the Minister makes an order under this section, he shall cause notices to that effect to be displayed in conspicuous places or otherwise inform persons likely to be affected by th e order . (4) A person who contravenes an order made by the Minister under th is section is guilty of an offence and is liable on conviction to a fine of M5,000 or to imprisonment for three years or to both. PART IX - Compensation 44. (1) Compensation in respect of rights or interests in land, servitude, wayleaves, fisheries, fishing rights, water rights or other rights whatsoever shall be paid by the Authority in accord ance with the laws of Lesotho . (2) The Authority shall, (a) ensure that as far as is reasonably possible, the standard of livin g and the income of persons displaced by the construction of an approved scheme shall not be reduced from the standard of living and th e income existing prior to the displacement of such persons; and (b) submit to th e Minister for approval, proposals for assisting such persons and expeditiously execute such proposals when approved. 45. All claims for compensation in re spect of any right or interest in land, servi tude right or other property whether cor poreal or incorporeal acquired or interfered with by the Authority under this Order shall be made within one year after such land, serv itude, righ t or property is first entered or exer cised or interfered with by the Authority under this Orde r . 46. Where a person is entitled to compensation in respect of anything lawfully done or intended to be done by the Authority under this Order, the Authority may execute for th e benefit of such person such works as may be reasonable in all the circumstances of th e case. PART X - Particular Powers and Duties of the Authority 47. Notwithstanding the Roads Act, 1969, the Authority shall perform th e fun ctions in re spect of an approved scheme under Pa rt VIII. 48. (1) Where the Authority is empowered by thi s Order to close, divert, submerge, or otherwise interfere with a public road or bridge or build replacement public roads or bridges for the purpose of the execution of any works whether in pursuanc e of an approved scheme or otherwise under this Order, the following provisions sha ll have effect: (a ) where the execution of such works involves the closing of such road or bridge to traffic, the Authority shall: (i) construct and, while such road or bridge is so closed to traffic, maintain a temporary road or bridge suffic ient to carry traffic of such quality and character as normally uses the closed ro ad or bridge; or (ii) prescribe, with the consent of the Minister, an alternative route to be used while such road or bridge is so closed to traffic; and (b) at or before the completio n of such works, the Authority shall: (i ) restore the closed road or bridge; (ii) afte r consultation with the Minister, construct a new roa d or bridge sufficient to carry the like amount, in quantity and character, of traffic as the closed road or bridge was, before its closure, able to carry and not substantially less convenient in gradient and curve than the closed road or bridge; or (iii) with the consent of the Minister, so improve, by reconstru ction, strengthening, widening or other wise, an existing alte rnative road or bridge that it will be sufficient to carry the traffic which will be likely to use it and which will not be substan ti ally less convenient than the closed road or bridge. (2) Where, (a ) the Authority is empowered by thi s Order to close, sub merge or remove perm anently a public road or bridge for the purpose of the execution of any works, whether in pursuance of an approved scheme or otherwise under this Order; and (b) the Minister is satisfied that, havin g regard to all the circumstances of the case, a new road or bridge, as the case may be, in lieu of the road or bridge so closed, submerged or removed, is not required, the Minister may, by notice published in the Gazette, declare tha t subsection (1) shall not apply or have effect in relation to such road or bridge as the case may be, and upon such notice being published; A. 24 of 1969 Duties of the Authority with regard to public roads and bridges (d) (3) ple ted: (a) (b) (c ) Power to alter levels of lakes Environ mental and amenity provisions Fishery develop ment Recreation (c) subsection (1) shall not apply or have effect in relation to such road or bridge, as the case may be; and the Authority shall be relieved from all obligations in relation to such road or bridge, as the case may be, which, but for such notice, would be imposed on it by subsection (1) . Where, under th is section, the Authority has com the restoration of a closed road or bridge; the constru ction of a new permanent road or bridge; or the improvement of an existing alternative road or bridge, the Authori ty shall hand over to the appropriate road authority who shall accept the road or bridge so restored, reconstructed or improved, as the case may be, and there upon, the Authority shall be permanently relieved from all liability or responsibility for the maintenance of such road or bridge, as the case may be. 49. On the completion of the works provided for by an approved scheme, the Authority may control, alter or otherwise affect, in such manner as the Authority shall prescribe in rules, the level of any artificial lake, pond or other water in or con nected with the river, in or on which such works are situated. PART XI - EnvironmentaL Protection 50. In carrying out an approved scheme, the Authority shall: (a) take all reasonable measures to protect the environ ment and to minimise injuring the amenities of the area; and (b) in particular, and without prejudice to the generality of paragraph (a), take all reasonable steps to minimise injury to any building, site, flora , fauna, feature or other thing which is of particular architectural, historic, archaeological, ecological, geological or natural interest. PART XII - AnciUary DeveLopments 51. The Authority may maintain, improve and develop fisheries in the waters under its control. 52. The Authority may: (a) take steps to secure the use of waters under its control and land associated with such waters for the purpose of recreation and development of tourism; and (b) tak e such steps as are reasonably practicable for putting Its rights to the use of the water and of the land asso ciated with such waters, to the best use for those pu r poses. 53. The Authority shall carry out such irrigation and drainage schemes as the Minister may, from time to time, direct and shall be reimbursed th e costs of such schemes. 54. The Authority shall, to th e greatest possible extent consistent with the performance of its functions under this Part, consult and cooperate with departments and agencies of the Governm ent of Lesoth o having functions related to the func tions of the Authority under this part or having aims or objects related thereto. PART XIII - Offences and Penalt i es 55. A person who obstructs, prevents or interferes with, the exercise by the Authority , any office r or servant of the Authority or a person authorised by the Authority, of any power conferred on th e Authority, officer or servant of the Autho rity, or person so authorised under section 23 is guil ty of an offence and is liable on conviction to a fin e of M5,OOOor to imprisonment for three years or to both. 56. (1 ) No person shall, without the permi ssion in writing of the Authority and except in accordance with the conditions as to tim e, place and manner state d in such permission: (a) deposit; (b) discharge; or (c) allow to escape, directly or indire ctly, from any land, premises or place or any vessel, in or in to any river in which or on the lands of which a water works or generating station is being constructed or operated by th e Authority or in or into any lake , pond , canal or other artificial water way or any artificial water course connected with such river, any chemical or other substance whether solid or liquid of a nature calculated to cor rode , erode, pollu te waters and entangle, stop, break or otherwise injure such wate r work s or generating station or any pa rt thereof or any works subsidiary th eret o or connected there with , or of a nature which causes degradation of th e quality of th e water therein , to an extent which prevents them from fulfilling their intended purposes and the in ternational obligations assumed by th e Govern ment of Lesotho. (2) A person who: (a) deposits; (b) discharges; or (c) allows to escape, directly or indirectly, in or into any river, stream, lake, pond, canal, artificial water way, or artificial water course or underground Irrigation and drainage Authority to cooperate with Departme nts Obstruction of Authority its officers, servants, etc . Prohibition of discharge of corrosive matters Damaging, destroying, interfering with or tres. passing on works Power to make rules Regulations aquifiers, any substance in contravention of subsection (1), is guilty of an offence and is liable on conviction to a fine of M100,OOO or to imprisonment for ten years or to both. (3) The owner of any right or interest in land, premises, or place or the owner of any vessel from which such substance is so deposited, discharged or allowed to escape is guilty of an offence and is liable on conviction to a fine of M100,OOO or to imprisonment for ten years or to both. 57. A person who: (a) damages; <b) destroys; (c) interferes with the operation of; or (d) trespasses on, the works of the Authority is guilty of an offence and is liable on conviction to a fine of M50,OOO or to imprisonment for ten years or to both. PART XIV - Rules and Regulations 58. The Authority may make rules: (a) providing for the better administration of the Authority; (b) regarding the holding of meetings of the Board, the notice in respect thereof, the proceedings thereat, the keeping of minutes of such meetings and the custody, production and inspection of such minutes; (c) prescribing the duties, conditions and terms of employ ment of its officers and servants; (d) providing for the payment of monies out of its revenue to any fund established by the Authority; (e) providing for the contributions to any fund of the Authority by its officers or servants; and (f) providing for the alteration of the levels of lakes in terms of section 49. 59. The Minister may, by notice published in the Gazette, make regulations: (a) prescribing the remuneration, fees and allowances for expenses of members of the Board; (b) conferring powers and imposing duties to the Au thority; and (c) generally for carrying into effect thc principles and purposes of this Order. Moshoeshoe II