The National Water Resources Management Agency (Groundwater Development and Protection) Regulation (S.I. No. 12 of 2021

16. Construction of a well

17. Environmental protection requirement THE NATIONAL WATER RESOURCES MANAGEMENT AGENCY (GROUND WATER DEVELOPMENT AND PROTECTION ) REGULATIONS, 2021 18. Water quality analysis TABLE OF CONTENT

19. Registration of wells PART I–PRELIMINARY 20. Inspection of a well site REGULATIONS 21. Well records

1. Interpretation 22. Submission of well records

23. Abandonment of defective wells PART II–PROCESSSING APPLICATION FOR A LICENCE

24. Abandonment of dry wells

2. Application for a licence

3. Categories of drilling licence 25. Rehabilitation of defective wells

4. Acknowledgment of application 26. Ground water in mining operations

5. Incomplete application

6. Grant of an applicant

7. Refusal of application PART V–MICELLANEOUS PROVISIONS

8. Conditions attached to a licence 27. Breach of regulations

9. Licence fees

28. Offences and penalties

10. Register

11. Duration and renewal of a licence

12. Transfer of a licence SCHEDULES

13. Suspension or cancellation of a licence PART III-COMPLAINTS COMMITTEE

14. Complaints Committee

15. Appeals STATUTORY INSTRUMENT NO. 12 OF 2021 Published 11th November , 2021 THE NATIONAL WATER RESOURCES MANAGEMENT AGENCY ACT (ACT NO 5 OF 2017) THE NATIONAL WATER RESOURCES MANAGEMENT AGENCY (GROUND WATER DEVELOPMENT AND PROTECTION) REGULATIONS 2021 In exercise of the powers conferred upon him by section 36 of the National Water Resources Management Agency Act 2017, the Minister responsible for water resources hereby makes the following regulations - PART I–PRELIMINARY

1. In these Regulations unless the context otherwise Interpretation requires - "Act" means the National Water Resources Management Agency Act No. 5 of (2017); "activity" means water well drilling; "aquifer" means soil or rock medium located beneath the ground surface in which there is a flow of water; "Agency" means the National Water Resources Management Agency established under the National Water Resources Management Agency Act No. 5 of (2017); 2 3 "defective well" means a well wherein the abstraction "well contractor" means an individual, company or of groundwater has stopped due to reasons that body of persons licensed by the Agency to construct include water quality problems, decline in yield or water well; well collapse; "well head" means a permanent closure of the top of "EPA" means Environment Protection Agency a well, either by a pump or other top which is established under section 2 of the Environment specified for the casing diameter and which cannot Protection Agency Act 2008; be removed easily; "groundwater" means water found beneath the ground "yield" means potential discharge from a well. surface which can be abstracted and accessed by digging , mechanised or manual drilling or by any PART II–PROCESSING OF LICENCE APPLICATION other method

2. (1) A person shall not construct a well for the purposes Application "grouting" means the sealing off of an opening beneath of - for a licence ground surface using cement concrete or other (a) abstraction ; impervious material capable of preventing the flow of water across it; (b) exploration ; "landholder" means a person who owns, possesses (c) monitoring of groundwater ; or or occupies a piece of land as an absolute owner ; (d) research "licence" means a licence issued under the Act or these regulations ; unless the person holds a valid licence granted in accordance with the Act and these regulations. "licensee" means a holder of a licence issued under the Act or these regulations; (2) An application for a licence shall be submitted to the Agency in the prescribed form as stipulated in the First Schedule. "MDAs" means Ministries, Departments and Agencies; (3) The application shall contain the following information - "numbering systems" means a unique code assigned (a) particulars of the applicant; by the Agency to any drilled well; (b) particulars of responsible field personnel of "well" means a point for the abstraction, monitoring the applicant which shall include - or conduct of research on groundwater put in place by a construction activity; 4 5 (i) the list of staff; (4) The application shall be accompanied with the appropriate administrative and processing fee as specified in the (ii) qualification and experience of staff at Fifth Schedule least one of whom shall be able to communicate in the English Language; 3. The categories of a drilling licence shall be as set out in the categories of Second Schedule. drilling licence (iii) at least one qualified driller or well technician; 4. The Agency shall acknowledge receipt of the application Acknowledgement of application within 10 days of receipt of the completed application form. (iv) at least one experienced engineer, hydrogeologist, geologist or a 5. (1) Where an applicant- Incomplete Application geological technician ; (a) fails to pay the appropriate administrative (c) list of available plants and equipment and processing fees; indicating (b) submits an incomplete application form; or (i) the description of the drilling rig and compressor ; (c) submits an application that has errors; the Agency shall notify the applicant in writing (ii) the trademark; to rectify the situation within fourteen (14) days after receipt of the notice. (iii) age; (2) Where the applicant fails to rectify the situation within (iv) state of repair ; and fourteen (14) days, the Agency shall refuse to process the application. (v) capacity of the drilling rig and 6 After considering an application and the Agency grants Grant of an compressor the application , it shall notify the applicant of its decision in writing. Application (d) list of constructed activities conducted prior 7 (1) The Agency shall refuse to grant a licence to an Refusal of applicant on the following grounds- application to the application indicating- (i) the year the activities were undertaken; (a) public safety ; (ii) the place where the activities took place; (b) where it is believed that the applicant is unable to make available all the required (e) any other information that the Agency may documents for the issuance of a licence; ;or request (c) any other reason that the Agency deems necessary not to grant the applicant a licence. 6 7 (2) The Agency shall notify the applicant in writing of its 13. (1) The Agency may suspend or cancel a licence where Suspension or cancellation decision to refuse the application and shall stipulate the grounds on it is satisfied that - of a licence which the application was refused. (a) the holder of the licence has- Conditions 8. Where a licence is granted to an applicant he shall comply attached to a licence with all the conditions attached to the licence. (i) violated a term or condition of the licence; licence fees 9. (1) An applicant who is granted a licence shall pay the licence fee set out in the Fifth Schedule. (ii) failed to comply with the conditions set by the Environmental Protection (2) The fees referred to under sub-regulation (1) shall be Agency; used to defray the cost of groundwater management and regulation. (iii) given information to the Agency which Register

10. (1) The Agency shall maintain a register which shall is false or misleading contain the particulars of licences granted by the Agency (b) it is in the public interest to do so (2) The register shall be open to the public during working hours. (2) Where the Agency has grounds for the cancellation or suspension of a licence under sub- regulation (1) it shall notify the (3) Extracts from the register may be obtained from the licensee to show cause why the licence should not be suspended or Agency on request cancelled. Duration and 11. (1) A licence issued under these Regulations shall be (3) Where the licensee is unable to persuade the Agency renewal of a licence valid for a period of one year. or fails to respond to the notice under sub- regulation (2), the Agency shall proceed to cancel or suspend the licence (2) A licensee who wishes to renew his licence shall submit a renewal application to the Agency not later that 90 days before the (4) The Agency may restore the licence when the licensee expiration of the licence. remedies the situation that gave rise for the cancellation or suspension (3) Renewal of a licence shall have the same requirement PART III-COMPLAINTS COMMITTEE as a new application under the Act and these regulations

14. (1) Pursuant to subsection (1) of section 9 of the Act Complaints Transfer of a 12. (1) A licence granted under the Act and these regulations the Agency shall establish a committee to be known as the Committee Licence shall not be transferred unless the licensee obtains a written Complaints Committee. authorisation from the Agency (2) The Complaints Committee shall comprise the (2) The Agency shall conduct background check on the following members- proposed transferee before authorising the transfer. 8 9 (a) Chairman of the Board PART IV- CONSTRUCTION OFA WELL (b) a Board member; and 16. (1) Where a licence is granted to a person for the Construction construction of a well, the person shall notify the Agency in writing of a well (c) a technical employee of the Agency 5 days before the commencement of mobilisation. (3) The Complaints Committee shall be responsible for (2) The notice shall be made in the format as specified in reviewing the application of an applicant who is aggrieved with the the Third Schedule. decision of the Agency. (3) The Agency shall acknowledge receipt of the notice Appeals

15. (1) An applicant who is aggrieved with the decision of in writing within 7 days after receipt of the said notice. the Agency may appeal to the Complaints Committee. (4) The Agency may grant permission to a licensee to (2) The aggrieved applicant shall submit a letter to the proceed with the construction works within 14 days after Complaints Committee indicating his wish to appeal against the acknowledging the receipt of the notice of intention . decision and the reasons for appealing .

17. (1) A licensee shall not construct a well in a manner that Environmental (3) The aggrieved applicant shall attach to the letter may lead to contamination or pollution of groundwater or aquifer. protection requirement referred to under sub- regulation (2) the following- (2) A licensee shall in order to avoid contamination of (a) a copy of the Agency's letter notifying the groundwater ensure that- applicant of the refusal of the application ; and (a) a well fitted with hand pump is situated at a minimum distance of 30 metres from the (b) all relevant documents that would assist the known source of real or potential Complaint Committee in determining the contamination; matter. (b) a mechanised well is situated at a minimum (4) The aggrieved applicant shall submit the letter to the distance of 100 metres from the known source Complaints Committee within 30 days of the Agency's decision . of real or potential contamination ; (c) shallow water whether contaminated or (5) Where an applicant is dissatisfied with the decision situated in the overburden or rock is of the Complaints Committee he may appeal to the Minister. completely sealed off; (6) An applicant dissatisfied with the decision of the (d) the minimum requirement for the sanitary seal Minister may appeal to the High Court and the decision of the High of 2 metres of concrete grouting below the Court shall be final. ground surface is satisfied; 10 11 (e) well casing of not less than one metre above (5) During collection of drilling cuttings a licensee shall the ground or the floor of the finished pump collect samples of drilling cuttings at one metre intervals and in the house or pump pit is maintained if other event of a sudden change in the rate of penetration or lithology measures are not taken to prevent direct during drilling he shall inform the Agency of such changes. inflow of surface water into the well;

18. (1) A licensee who drills a well shall ensure that a sample Water (f) immediately after construction of the well, is taken, preserved and transported to the Agency or any recognised quality the top of the casing is closed with a tight laboratory which shall conduct water quality analysis to ascertain Analysis closing or top head; the safety of the water collected in accordance with WHO standards. (g) the well is properly sealed with a well head; (2) The cost of sampling, transportation and laboratory analysis shall be borne by the licensee. (h) the platform for a hand pump or the floor in the pump house is constructed in a manner (3) The report on water quality shall be submitted to the that does not permit water to return to the Agency and shall contain the information specified in the Fourth well ; Schedule. (i) the joints of casing segments are watertight; 19. (1) An owner of a well shall register the well with the Registration of Wells and Agency annually. (j) other works and activities that the Agency (2) The owner shall obtain the required registration form directs for the prevention of contamination from the Agency after payment of the appropriate administrative and and protection of the environment are carried processing fees. out.

20. (1) An authorised officer of the Agency shall at any time Inspection of a well (3) A licensee who undertakes a construction activity in without prior notice - site the nature of - (a) manual digging; (a) have access to a well site; (b) drilling ; or (b) inspect a well site and examine the material excavated from the site; (c) any activity that may result in contact with or access to ground water (c) take drilling cuttings and samples of water abstracted from the well; and shall ensure that the activity is carried out in a manner that avoids contamination or pollution of ground water or aquifer. (d) inspect and make copies or extracts of the records required to be kept by the drilling (4) For the purpose of these regulations contaminants contractor under these regulations. or pollutants of groundwater includes all activities that may lead to groundwater pollution . 12 13 (2) Where a licensee constructs a well on land belonging (2) Where the construction activity consists of more than to or occupied by another person, the licensee shall be deemed to be 5 wells, the licensee shall within 60 days of the cessation of the the owner of the well. construction activity submit a complete copy of the well records to the Agency. Well records 21. (1) A licensee shall keep records of the progress of any construction activity and shall submit a detailed report to the Agency. (3) The well records referred to under sub-regulation (2) shall be in relation to - (2) The records referred to under sub-regulation (1) shall include but not limited to the following - (a) wells which are successfully drilled; (a) location and landmark of the activity site; (b) dry well; and (b) the Global Positioning System Coordinates (c) defective wells of the activity; (4) The well records shall be submitted together with - (c) geological log certified and signed by a qualified hydrogeologist , geologist or (a) information on the development of the wells; geological technician; (b) results of pumping and recovery tests (d) the pumping test results; conducted; (e) the water quality result; (c) information on water quality as indicated in the Fourth Schedule ; and (f) the size and position of casings and screens; (d) field test results (g) the duration of drilling and digging a well ; (5) The drilling cutting referred to under sub-regulation (h) the completion date for drilling ; and (5) of regulation 19 shall be submitted to the Agency together with information on the location, landmark and global positioning system (i) the identification number of the well which coordinates of the well. shall be consistent with the national well numbering system. 23. (1) A licensee or any other person shall report existence Abandonment of any abandoned defective well to the Agency. of defective Submission wells of Well 22. (1) Where the construction activity consists of not more records than 5 wells, the licensee shall within 30 days of the cessation of the (2) The report shall state the precise location of the construction activity submit a complete copy of the well records to defective well. the Agency. 14 15 (3) The Agency may issue instructions to the owner of a (2) A licensee shall notify the Agency of any defective well to abandon the well after an assessment is done or rehabilitation work on a well that involves changes to the well design reported and includes- (4) Where the owner of a defective well fails to comply (a) backfilling of the lower parts of the well; with the order given by the Agency , the Agency shall take the necessary steps to execute the order and the expenses incurred shall (b) installation of a new screen or casing ; or be surcharged to the owner. (c) other construction activities of the well. (5) Where a well with an installed casing is to be (3) A licensee who undertakes the rehabilitation of a well abandoned the well shall be back filled to at least one metre below shall submit a report on the rehabilitation to the Agency and the ground surface and the casing in the unfilled portion shall be removed report shall - and effectively grouted with concrete to match with the existing ground level. (a) provide details of the location of the well; and (6) Where differences in water quality occur between two aquifers the sealing between the aquifers shall be done in a manner (b) be within the time limits stipulated in the to prevent exchange of water between the aquifers regulations Abandonment of defective

24. (1) A dry well or a well that does not produce sufficient (4) Where a licensee fails to apply due diligence in the wells water during drilling shall be- construction of the well the cost of the rehabilitation shall be borne by him. (a) backfilled to a depth of one metre below the ground level; and 26. The holder of a mining licence or a prospecting licence Groundwater who encounters groundwater in any workings carried out under the in mining operation. (b) grouted with cement. licence shall - (a) promptly notify the Agency of any (2) Where well records exists in relation to the well an groundwater; additional report to the Agency shall be required. (b) submit any relevant data to the Agency; (3) Where an attempt to develop a well fails and a dry well results, the licensee shall apply for an alternative well construction (c) take all the measures necessary for the and regulation 12 shall apply protection of groundwater against pollution; (d) comply with any directions of the Agency Rehabilitation 25. (1) Where a well is found to be defective the well shall be of defective regarding the protection or disposal of rehabilitated wells groundwater 16 17 PART V- MISCELLENOUS PROVISIONS SCHEDULES

FIRST SCHEDULE 27. Without prejudice to the Act and these regulations where Regulation 2(2) Breach of regulations a person fails to comply with these regulations the Agency may - APPLICATION FOR WELLLICENCE (a) seal off any premises of operation of the REPUBLIC OF SIERRA LEONE person; and NATIONALWATER RESOURCES MANAGEMENTAGENCY APPLICATION FOR WELLDRILLING LICENCE (b) impose an administrative fine as stipulated in the Fifth Schedule. Company name: ……………………………………………….... offences and 28. (1) Any person who constructs a well contrary to these Address: ........................................ penalties regulations commits an offence and is liable on summary conviction to a fine of not less than 5,000,000.00 in respect of each well ...................................................................................................................... constructed or to a term of imprisonment not less than one year or to both the fine and imprisonment. ..................................................., (2) A licensee who transfers a licence without the PO. Box: authorisation of the Agency commits an offence and is liable on …………………………………………………………................…............. summary conviction to a fine of not less than Le 5,000,000.00 or to a Tel: term of imprisoment not less than one year or to both the fine and ……………………………………………………………...................……… imprisonment e-mail: .............................................................................................................. (3) A person who assaults , threatens, obstruct or allows Registered Company No: any person to assault, threaten or obstruct an authorised officer or any person in the performance of his duties under these regulations Full name of directors and their citizenship: commits an offence and is liable on summary conviction to a fine not Name and address of Company's bankers: less than Le5,000,000.00 or a term of imprisonment not less than one List of equipment: (indicate whether owned or hired) Specify and year or to both the fine and imprisonment include as Annex 1 (4) A person who hires the services of an unlicensed List of key personnel (including field personnel of each drilling crew) Specify and include as Annex 2 contractor to construct a well commits an offence and is liable on List of projects carried out in the last five projects carried out in summary conviction to a fine not less that Le5,000,000.00 or to a term the last 5 years with names address of referees: of imprisonment not less than one year or to both the fine and imprisonment I declare that the information given on this form and attachments hereto is correct to the best of my knowledge and belief. (5) A person who fails to comply with any directive from Signature: ..................................... Date: ............................................. the Agency commits an offence and is liable on summary conviction to a fine of not less than Le5,000,000.00 for each day during which the offence continues or to a term of imprisonment not less than one NB: The application and processing fee shall be paid as specified by notice in the Gazette or as enacted in the Finance Act, year or to both the fine and imprisonment . 18 19

THIRD SCHEDULE

SECOND SCHEDULE Regulation 16((2) Categories for drilling licence Regulation 3 REPUBLIC OF SIERRA LEONE WATER RESOURCES AGENCY Category for the No. of sets of drilling equipment acquisition of licence Name:…………………………………………………………………………………………………………………… Address:………………………………………………………………………………………………… A Not less than two rigs and a warehouse P.O Box:………………………………………………………………………………………………… Tel:…………………………………………………………........................................................... of drilling tools and equipment. ................... E-mail: No. of B At least one rig and a warehouse of wells: Location of proposed drilling site(s), (If needed use drilling tools and equipment. additional sheet): Proposed drilling contractor: Drilling period: Start:…………………End:………… C Hires rigs for its operations. … … RENEWAL OF LICENCE Proposed use of water (Pls thick where applicable) A Not less than two rigs and a warehouse Domestic:................................. Municipal: …………………….. of drilling tools and equipment. Industrial/mining: ………………………… Aquaculture: ............................. Agricultural: ......................................... Others (pls specify): ……………….. At least one rig and a warehouse of drilling tools and equipment. B Will motorised pump be installed: No Yes: Hires rigs for its operations If yes,expected quantity of water to be abstracted (m3/hr/day): C Will geophysical survey be carried out: Yes: No: Acquisition of new licence by foreign FOREIGN contractors NB: It is mandatory for a geophysical survey to be carried out for all boreholes CONTRACTORS drilling Name of applicant: Date: Renewal of licence by foreign Signature: contractors. N/B Kindly note that all well contractors must obtain a unique borehole number from the Agency for any well constructed/rehabilitated. On no account Signature:………………………… should any well be drilled whether for private purposes or not without a unique numbering system Drinking water quality parameters 20 FOURTH SCHEDULE 21 Regulations 18(3), 22(4)(c) Parameters WHO recommended

FIFTH SCHEDULE Permissible Limits Regulations 2(2),9(1), 27 1. Water Temperature (oC) No. Value 2. pH 6.5 – 8.5 CHARGES ASSOCIATED WITH ACQUIRING OF A BOREHOLE DRILLING LICENCES 3. Turbidity (NTU) <5.0 4. Conductivity (µS/cm) <450 No Description of Charges Amount (Le) 5. TDS (mg/l) <248 1 Purchasing of Application form 200,000.00 6. Salinity (ppt) <0.4 7. Residual Chlorine (mg/l) 0.3-0.5 after 30min. 2 Administrative fee (Technical Western Area 750,000.00 disinfections inspection and processing of 8. Aluminium (mg/l) <0.2 Licences) Provincial 4,500,000.00 9. Ammonia (mg/l) No. Value 10. Bromine (mg/l) No. Value 3 Licences Fee CLASS A (Own Two or 5,500,000 11. Calcium Hardness (mg/l) <250 more drilling Rigs) 12. Copper (mg/l) <1.0 13. Fluoride (mg/l) <1.5 CLASS B (Own One 4,000,000 14. Iron (mg/l) <0.3 drilling Rig) 15. Magnesium (mg/l) <200 16. Manganese (mg/l) <0.4 CLASS C (Ability to 3,000,000 17. Molybdenum (mg/l) 0.25 lease a drilling Rig) 18. Nitrite (mg/l) 3.0 19. Nitrate (mg/l)HR <10 4 Administrative Fines (Seal off, The severity, To be determined 20. Potassium (mg/l) <6.0 impoundment etc.) duration, by the Agency 21. Phosphate (mg/l) LR <20 prevalence, 22. Silica (mg/l) <15 circumstances, 23. Sulphate (mg/l) <400 antecedent, 24. Sulphide (mg/l) <0.5 degree of harm 25. Sulphite (mg/l) No. Value to lives and 26. Chloride (mg/l) <250 property, cost of 27. Arsenic (mg/l) 0.01 remedies etc. 28. Chromium <0.05 29. Bicarbonate (mg/l) No Value 30. Zinc (mg/l) <5.0 31. E. Coli Zero 32. Faecal Coliforms (Total) Zero 33. Non-Faecal Coliforms <10 34. Vibro-parahaemolyticus Zero 35. Salmonella sp. Zero 22 MADE this 28th day of September, 2021. ENG. PHILIP KARIMU LANSANA MINISTER OF WATER RESOURCES FREETOWN, SIERRA LEONE SEPTEMBER, 2021. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 67 OF 11TH NOVEMBER, 2021.