Water Resources Management (Amendment) Act, 2022 (No. 8 of 2022)

No. 8 The Water Resources Management (Amendment) Act, 2022 1 THE WATER RESOURCES MANAGEMENT (AMENDMENT) ACT, 2022 ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short title. PART II AMENDMENT OF VARIOUS PROVISIONS 2. General amendment. 3. Amendment of section 3. 4. Amendment of section 8. 5. Amendment of section 21. 6. Amendment of section 23. 7. Amendment of section 24. 8. Amendment of section 37. 9. Amendment of section 43. 10. Repeal and replacement of section 44. 11. Addition of section 44A. 12. Amendment of section 56. 13. Amendment of section 65. 14. Amendment of section 75. 15. Amendment of section 79. 16. Addition of section 88. 17. Addition of section 97A. 18. Addition of section 105A. 19. Addition of section 107. 20. Addition of section 111 21. Amendment of Third Schedule. 22. Amendment of Fourth Schedule. ISSN 085 - 0331X THE UNITED REPUBLIC OF TANZANIA No. 8 7th October, 2022 ACT SUPPLEMENT to the Gazette of the United Republic of Tanzania No.8. Vol.103 dated 7th October, 2022 Printed by the Government Printer, Dodoma by Order of Government No. 8 The Water Resources Management (Amendment) Act, 2022 2 THE UNITED REPUBLIC OF TANZANIA NO.8 OF 2022 I ASSENT SAMIA SULUHU HASSAN, President [30 th September, 2022] An Act to amend the Water Resources Management Act. ENACTED by the Parliament of the United Republic of Tanzania. PART I PRELIMINARY PROVISIONS Short title Cap. 331 1. This Act may be cited as the Water Resources Management (Amendment) Act, 2022, and shall be read as one with the Water Resources Management Act, 2009 hereinafter referred to as the “principal Act”. PART II AMENDMENT OF VARIOUS PROVISIONS General amendment 2. The Principal Act is amended generally by deleting the words “Basin Water Officer” wherever they appear in the Act and substituting for them the words “Basin Water Director”. Amendment of section 3 3. The principal Act is amended in section 3 by inserting in its appropriate alphabetical order the following new definition: No. 8 The Water Resources Management (Amendment) Act, 2022 3 ““court” means primary court, district court, resident magistrate’s court or the High Court;”. Amendment of section 8 4. The principal Act is amended in section 8 by deleting the phrase “a major water project is planned” and substituting for it the phrase “water programmes and development plans are prepared”. Amendment of section 21 5. The principal Act is amended in paragraph (b) of section 21 by deleting the words “investment priorities and financing patterns and coordinate and harmonise” and substituting for them the words “coordination and harmonisation of”. Amendment of section 23 6. The principal Act is amended in section 23, by (a) deleting the “full stop” appearing at the end of paragraph (o) and substituting for it a “semi colon”; (b) adding immediately after paragraph (o), the following: “ (p) create awareness to stakeholders on matters relating to water resources conservation and management; and (q) perform any other functions necessary for the better implementation of the provisions of this Act.” 7. The principal Act is amended in section 24, by Amendment of section 24 (a) adding immediately after subsection (1), the following: “(2) A person shall not qualify to be appointed as a Basin Water Director unless such person (a) holds a degree in the field of hydrology, hydrogeology, environmental engineering, civil engineering, water resources engineering or a degree in any other related field; (b) possesses at least five years experience in managerial position No. 8 The Water Resources Management (Amendment) Act, 2022 4 or such other additional qualification; (c) has a demonstrated knowledge and experience in the water sector; (d) possesses any other criteria as may be specified in that behalf.”; (b) renumbering subsections (2) and (3) as subsections (3) and (4) respectively. Amendment of section 37 8. The principal Act is amended in section 37, by (a) adding immediately after subsection (3) the following: “(4) A person who contravenes the provisions of notice issued under subsection (3) commits an offence and shall, on conviction, be liable to pay a fine of not less than three hundred thousand shillings but not exceeding five million shillings or to imprisonment for a term of not less than six months or to both.”; and (b) renumbering subsections (4), (5) and (6) as subsections (5), (6) and (7) respectively. Amendment of section 43 9. The principal Act is amended in section 43 by inserting the word “impounds” between the words “dams” and “stores” appearing in subsection (1). Repeal and replacement of section 44 10. The principal Act is amended by repealing section 44 and replacing for it the following: “Use of water contrary to permit 44. Any person who uses water in excess of amount authorised in the water use permit or uses water contrary to purpose authorised by water use permit commits an offence and shall, on conviction (a) in case the offender is a natural person, be liable to a fine of not less than three hundred thousand shillings but not exceeding five million shillings or to impri sonment for a term of not less No. 8 The Water Resources Management (Amendment) Act, 2022 5 than three months but not exceeding six months; or (b) in case the offender is a legal person, be liable to a fine of not less than five million shillings provided that, in the case of a subsequent offence, the offender shall pay a fine of not less than one hundred thousand shillings for each day in which the offence continues and the Basin Water Board may revoke the water use permit issued to the offender.” Addition of section 44A 11. The principal Act is amended by adding immediately after section 44 the following: “Use of water without permit 44A. A person who diverts, dams, impounds, stores, abstracts or uses water without water use permit commits an offence and shall, on conviction, be liable (a) in case the offender is a natural person, to a fine of not less than three hundred thousand shillings but not exceeding five million shillings or to imprisonment for a term of not less than three months but not exceeding six months; or (b) in case the offender is a legal person, to a fine of not less than five million shillings: Provided that, in the case of subsequent offence, the offender shall pay a fine of not less than one hundred thousand shillings for each day in which the offence continues.” No. 8 The Water Resources Management (Amendment) Act, 2022 6 Amendment of section 56 12. The principal Act is amended in section 56 by adding the words “in a particular aquifer” immediately after the word “boreholes” appearing at the end of subsection (2). Amendment of section 65 13. The principal Act is amended in section 65, by (a) deleting subsection (1) and substituting for it the following: “(1) Without prejudice to subsection (2), the Minister may, by order published in the Gazette, establish water quality laboratory responsible for water quality management for analytical and reference under this Act.”; and (b) deleting the word “designated” appearing in subsection (2) and substituting for it the word “established”. Amendment of section 75 14. The principal Act is amended in section 75(2) by deleting the word “right” appearing between the words “water” and “and may” and substituting for it the word “permit”. Amendment of section 79 15. The principal Act is amended in section 79 by deleting the words “National Water Board” appearing in subsection (2) and substituting for them the words “Director of Water Resources”. Amendment of section 88 16. The principal Act is amended in section 88 by adding immediately after subsection (6) the following: “(7) The Director shall, at owner’s costs, undertake dam site verification and review of design report in such manner as may be prescribed in the regulations.” Addition of section 97A 17. The principal Act is amended by adding immediately after section 97 the following: “Summary procedure 97A.-(1) Where, after the time fixed for the payment of any rate, a person fails to pay any rate due to him, the respective Basin Water Board shall cause a written demand to be issued to such person and require him to pay the No. 8 The Water Resources Management (Amendment) Act, 2022 7 amount stated in such demand within thirty days after service of the demand. Cap. 33 (2) The provisions of the Civil Procedure Act relating to summary procedure shall apply mutatis mutandis in respect of any person who has defaulted to settle water rates due under this Act.” Addition of section 105A 18. The principal Act is amended by adding immediately after section 105 the following: “General penalty 105A. A person who commits an offence under this Act, for which no specific penalty is provided shall, on conviction, be liable to a fine of not less than one hundred thousand shillings but not exceeding three hundred thousand shillings or to imprisonment for a term of not less than six months but not exceeding one year or to both.” Amendment of section 107 19. The principal Act is amended in section 107 by inserting the words “Without prejudice to the provisions of section 105,” at the beginning of subsection (1). Amendment of section 111 20. The principal Act is amended in section 111(2), by (a) deleting the word “or” appearing at the end of paragraph (i); (b) deleting “full stop” appearing at the end of paragraph (j) and substituting for it a “semi colon” and the word “or”; and (c) adding immediately after paragraph (j) the following: “(k) permit transfer of water or waste water from one basin to another basin.”. Amendment of Third Schedule 21. The principal Act is amended in the Third Schedule (a) in paragraph 1, by deleting subparagraph (2) and substituting for it the following: No. 8 The Water Resources Management (Amendment) Act, 2022 8 “(2) All members under items (b), (c) and (d) shall be appointed by the respective Basin Water Board.”; and (b) in paragraph 2, by deleting the word “Minister” appearing in subparagraph (4) and substituting for it the words “Basin Water Board”. Amendment of Fourth Schedule 22. The principal Act is amended in the Fourth Schedule in paragraph 5(1) by adding the phrase “and at least two members shall be women” immediately after the word “members”. Passed by the National Assembly on the 15th September, 2022. NENELWA JOYCE MWIHAMBI Clerk of the National Assembly