This Act was repealed on 2009-08-01 by Water Resources Management Act, 2009.
Water Utilisation (Control and Regulation) Act
Tanzania
Water Utilisation (Control and Regulation) Act
Chapter 331
- Published in Tanzania Government Gazette
- Commenced on 1 October 1975
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
- [Repealed by Water Resources Management Act, 2009 (Act 11 of 2009) on 1 August 2009]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Water Utilisation (Control and Regulation) Act.2. Interpretation
3. Application of Act to Government
Without prejudice to the generality of the application of this Act, it is hereby declared that the provisions of this Act shall apply to and be carried into effect by departments of the Government, public and local authorities, and all Water Authorities appointed under the Water Works Act 5.Part II – Appointment of officers and establishment of Water Advisory Boards (ss. 4-7)
4. Appointment of officers
5. Establishment of Central Water Board
6. Functions of Central Water Board
7. Establishment, functions and proceedings of Basin Water Board
Part III – Ownership of and inherent rights to the use of water (ss. 8-14)
8. All water vested in the United Republic
All water in Tanzania is vested in the United Republic.9. Declaration of national water supplies
Where the Minister is of the opinion that it is in the public interest to regulate the use of water from any source in any area of Tanzania on a national basis, he may by notice in the Gazette, declare such source to be a national water supply for the purpose of this Act.10. Right to water for domestic purposes
Any person having lawful access to any water may abstract and use the same for domestic purposes:Provided that nothing in this section shall be construed as authorising the construction of any works.11. Right to limited quantities of underground water and to casual water
12. Right to water for mining purposes
13. Right to water for forestry purposes
The holder of an exclusive licence to take trees and timber granted under the Forests Act 12 may, within the area specified in such licence, subject to all other rights to the use of water—14. Prohibition of use of water except with lawful authority
Subject to the provisions of this Part and to the provisions of section 53 of the Mining Act 13, no person shall divert, dam, store, abstract or use water or for any such purpose construct or maintain any works, except in accordance with an existing right or with a water right granted under this Act.Part IV – Grant of water rights (ss. 15-21)
15. Grant of water rights
16. Consent for discharges
17. Right may be made appurtenant to land
18. Conditions implied in certain rights
The following conditions shall be implied in every water right granted for mining, forestry or industrial purposes or for the generation of power—19. Rights conditional on construction of works
20. Restriction on discharge into underground strata
21. Declaration of standards
Part V – Revision, variation, determination and diminution of water rights (ss. 22-29)
22. Position when volume inadequate to satisfy all rights granted in respect thereof
If, at any time, in the opinion of the Minister, in any specified area, the volume of water to which rights of use exist is insufficient to satisfy all such rights, he may direct the appropriate Water Officer to review the use, diversion, control and appropriation of water in that area and in so doing the Water Officer may revise the quantity allowed by any right and the terms and conditions of any right to the use of water in that area:Provided that the Water Officer shall have regard to the principle that where beneficial use of the whole right has been maintained, no right shall be cancelled or reduced except in proportion with all other rights in the same area.[s. 19]23. Suspension or variation of rights on account of drought
Where in the opinion of the Water Officer on account of drought the supply water from any source is insufficient or likely to become insufficient for the needs of the persons using it, the Water Officer may at any time and from time to time, by notice in writing addressed to the holders of water rights suspend or vary all or any rights to abstract or use water from that source, for such period as he may deem necessary, and thereupon such rights shall cease for the period of the suspension or shall be exercisable only as varied, as the case may be.[s. 20]24. Where quantity unspecified Water Officer may specify quantity
In respect of any existing right to the use of an unspecified quantity of water, the Water Officer may at any time specify the quantity of water for which that right shall be valid, and record the same in the register of water rights and so to inform the holder of that existing right.[s. 21]25. Variation of water rights with consent
A Water Officer may at any time on the application or with the consent of the holder of a water right, determine or diminish the right or vary any of the conditions thereof.[s. 22]26. Determination for breach of condition
Where the holder of a water right has failed to comply with any condition, express or implied, subject to which the right was granted, or has abstracted or used water in excess of that authorised or has used water for a purpose not authorised by the grant, the Water Officer may by notice in writing addressed to the holder declare the right to be determined:Provided that where the default is one capable of being remedied, the Water Officer shall first serve on the holder notice in writing specifying the default and requiring the holder to remedy the same within such time as may be specified in the notice.[s. 23]27. Determination or diminution for non-use
28. Determination or diminution for public purposes
29. Application of Part V to existing rights
The provisions of this Part shall apply to all existing rights in the same manner as they apply to water rights granted under this Act.Part VI – Miscellaneous powers (ss. 30-34)
30. Power to create easements
31. Right to call for information
A Basin Water Board, or a Water Officer may, for the purpose of this Act, call upon any person to give information on such matters and in such manner as may be prescribed.[s. 28]32. Power to inspect works
33. Power to require demolition of unlawful works
34. Power to establish hydrographic stations and make surveys
Part VII – Appeals (s. 35)
35. Appeals
Part VIII – Offences (s. 36)
36. Offences and penalties
Part IX – Miscellaneous provisions (ss. 37-42)
37. Registration
38. Service of notices
A notice under this Act shall be deemed to have been served on, or given to, any person—39. Civil liability not affected
Subject to any express provisions in this Act, nothing contained in this Act shall affect the civil liability of any person for any damage resulting from the construction, alteration or destruction of any works or the failure to maintain the same in proper repair or from the obstruction, storage or diversion of any water.[s. 36]40. Indemnity
Without prejudice to the provisions of section 284A of the Penal Code 16 or of the Public Officers (Recovery of Debts) Act 17, no member of a Water Advisory Board or public officer shall be personally liable for any act or default which is done or omitted to be done in good faith in the exercise or purported exercise of the powers conferred by this Act.[s. 37]41. Power to make rules and regulations
42. Repeal of R.L. Cap. 410 and savings
[Repeals the Water Ordinance with savings.][s. 39]History of this document
01 August 2009
Repealed by
Water Resources Management Act, 2009
31 July 2002 this version
Consolidation
01 October 1975
Commenced
Cited documents 8
Act 8
1. | Registration of Documents Act | 90 citations |
2. | Public Procurement Act | 85 citations |
3. | Public Officers (Recovery of Debts) Act | 49 citations |
4. | Forest Act, 2002 | 37 citations |
5. | Mining Act | 37 citations |
6. | Oil and Gas Revenues Management Act, 2015 | 11 citations |
7. | Dar es Salaam Water and Sewerage Authority Act | 6 citations |
8. | Waterworks Act | 6 citations |
Documents citing this one 90
Gazette 81
Act 4
1. | Severance Allowance Act | 34 citations |
2. | Protection from Radiation Act | 9 citations |
3. | African Chiefs Act | 1 citation |
4. | Natural Resources Act |
Government Notice 4
Ordinance 1
1. | Land Registration Act | 5 citations |
Subsidiary legislation
Title
|
|
---|---|
Water Utilization (General) (Amendment) Regulations, 2004 | Government Notice 244 of 2004 |
Water Utilisation (Appointment of Officers) Notice, 1997 | Government Notice 373 of 1997 |
Water Utilisation (General) Regulations, 1997 | Government Notice 370 of 1997 |
Songwe River Water Users' Association Regulations, 1983 | Government Notice 175 of 1983 |
Water Utilisation (Declaration of National Water Supply Sources) Notice, 1975 | Government Notice 242 of 1975 |
Water Utilization (Appointment of Officers) Notice, 2002 | Government Notice 274 of 2002 |
Water Utilization (General) (Amendment) Regulations, 2002 | Government Notice 256 of 2002 |