Water Act

Section 1. Short title Section This Act may be cited as the Water Act.

Section 2. Interpretation Section at the national government level, a state department, agency or state corporation which intends to have its functions undertaken by a private party; or

Section 3. Purpose of the Act Section The purpose of this Act is to provide for the regulation, management and development of water resources and water and sewerage services in line with the Constitution.

Section 4. Principles Section The Cabinet Secretary, the Authority, the Regulatory Board, county governments and any person administering or applying this Act shall be guided by the principles and values set out in Articles 10, 43, 60 and 232 of the Constitution.

Section 5. Ownership of water resources Section Every water resource is vested in and held by the national government in trust for the people of Kenya.

Section 6. Regulation of the management and use of water resources Section The Authority established in section 11 shall serve as an agent of the national government and regulate the management and use of water resources.

Section 7. Rights to water resources Section Upon the commencement of this Act, no conveyance, lease or other instrument shall convey, assure, demise, transfer or vest in any person any property, right, interest or privilege in respect of any water resource except as may be prescribed under this Act.

Section 8. National Public Water Works Section 8(1)(a) the water resource on which it depends is of a cross county in nature; Section 8(1)(b) it is financed out of the national government's share of national revenue pursuant to the provisions of the Public Finance Management Act (Cap. 412A); Section 8(1)(c) it is intended to serve a function of the national government; or Section 8(1)(d) it is intended to serve a function which, by agreement between the national and county government, has been transferred to the national government. Section 8(2)(a) water storage; Section 8(2)(b) water works for bulk distribution and provision of water services; Section 8(2)(c) inter-basin water transfer facilities; and Section 8(2)(d) reservoirs for impounding surface run-off and for regulating stream flows to synchronize them with water demand patterns which are of strategic or national importance. Section 8(3) A national public water works for domestic use shall, subject to the acquisition of a permit from the Authority in case of inter basin water transfer, take precedence over all other water works for the use of water or the drainage of land. Section 8(4) Subject to the Land Act (Cap. 280) lan...

Section 9. Administration of National Water Resources Section Every person has the right to access water resources, whose administration is the function of the national government as stipulated in the Fourth Schedule to the Constitution.

Section 10. National Water Resource Strategy Section 10(1) The Cabinet Secretary shall, within one year of the commencement of this Act and every five years thereafter, following public participation, formulate a National Water Resource Strategy. Section 10(2) The object of the National Water Resource Strategy shall be to provide the Government's plans and programs for the protection, conservation, control and management of water resources. Section 10(3)(a) existing water resources and their defined riparian areas; Section 10(3)(b) measures for the protection, conservation, control and management of water resources and approved land use for the riparian area; Section 10(3)(c) minimum water reserve levels at national and county levels; Section 10(3)(d) institutional capacity for water research and technological development; Section 10(3)(e) functional responsibility for national and county governments in relation to water resources management; and Section 10(3)(f) any other matters the Cabinet Secretary considers necessary. Section 10(4)(a) prepare and issue an annual report on the state of national water resource strategies in Kenya; and Section 10(4)(b) may direct any lead agency...

Section 11. Establishment of the Authority Section 11(1) There is established the Water Resources Authority. Section 11(2)(a) suing and being sued; Section 11(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; and Section 11(2)(c) doing or performing all such other things or acts for the proper discharge of its functions under this Act and any other written law as may be lawfully done or performed by a body corporate.

Section 12. Functions of the Authority Section formulate and enforce standards, procedures and Regulations for the management and use of water resources and flood mitigation;

Section 13. Powers of the Authority Section 13(1) The Authority shall have all the powers necessary for the execution of its functions under this Act. Section 13(2)(a) source and receive funding for the activities of the Authority; Section 13(2)(b) collect, analyze and disseminate information on water resources; Section 13(2)(c) monitor compliance by water users with the conditions of permits and the requirements of the Act; Section 13(2)(d) issue permits for inter-basin water transfer; and Section 13(2)(e) delegate regulatory functions to the basin water resource committees provided for under section 25 .

Section 14. Management Board Section 14(1)(a) a chairperson, who shall be appointed by the President; and Section 14(1)(b) the Principal Secretary responsible for matters relating to finance or his representative; Section 14(1)(c) the Principal Secretary responsible for matters relating to water or his representative; Section 14(1)(d) the Principal Secretary responsible for matters relating to the environment or his representative; Section 14(1)(e) the Principal Secretary responsible for matters relating to land or his representative; Section 14(1)(f) four other members, who shall be appointed by the Cabinet Secretary; and Section 14(1)(g) the Chief Executive Officer. Section 14(2) The Chief Executive Officer shall be an ex officio member of the Management Board with no voting rights. Section 14(3) The chairperson and members of the Management Board shall hold relevant professional qualifications and experience and shall be appointed following an open and competitive recruitment process. Section 14(4) The First Schedule has effect with respect to the membership and procedure of the Management Board.

Section 15. General duties and responsibilities of the Management Board Section securing continuing improvements performance;

Section 16. Powers of the Management Board Section 16(1) The Management Board shall have all powers necessary for the proper performance of the functions of the Authority under this Act. Section 16(2)(a) administer the assets of the Authority in such manner as best promotes the purpose for which the Authority is established; Section 16(2)(b) ensure protection, where necessary, of the assets and developments of the Authority; Section 16(2)(c) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Authority; Section 16(2)(d) receive any grants, gifts, donations or endowments and make legitimate disbursements there from; Section 16(2)(e) invest any funds of the Authority not immediately required for its purposes; Section 16(2)(f) delegate any of its powers; and Section 16(2)(g) undertake any activity necessary for the fulfilment of any of the functions of the Authority.

Section 17. Chief Executive Officer Section 17(1) The Cabinet Secretary shall, on the recommendation of the Management Board, appoint a Chief Executive Officer of the Authority on such terms and conditions as may be specified in the instrument of appointment. Section 17(2)(a) is a citizen of Kenya; Section 17(2)(b) holds a degree from a university recognized in Kenya; Section 17(2)(c) has at least ten years' relevant work experience with at least five years' in a senior management position either in a public service or private sector organization; and Section 17(2)(d) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution. Section 17(3) The Chief Executive Officer is the accounting Officer of the Authority. Section 17(4)(a) implementation of the decisions of the Management Board; Section 17(4)(b) day to day management of the affairs of the Management Board; Section 17(4)(c) organization and management of the employees; and Section 17(4)(d) any other function that may be assigned by the Management Board. Section 17(5) The Chief Executive Officer shall hold office for a term of five years and is eligible for re-appointment for one further term u...

Section 18. Removal of the Chief Executive Officer Section The Chief Executive Officer may be removed from office by the Cabinet Secretary on the recommendation of the Management Board, in accordance with the terms and conditions of service.

Section 19. Employees of the Authority Section 19(1) The Authority may appoint such other employees as it may consider necessary for performance of its functions under this Act. Section 19(2) The terms and conditions of service of the employees of the Authority shall be determined by the Cabinet Secretary responsible for public service on the advice of the Salaries and Remuneration Commission.

Section 20. Classification of water resources and determination of quality objectives Section 20(1) The Authority shall prescribe the criteria for classifying water resources for the purpose of determining water resources quality objectives for each class of water resource. Section 20(2)(a) trans-boundary considerations; Section 20(2)(b) strategic functions served by the water resource; Section 20(2)(c) the use or potential for use of the water resource for inter-basin transfers; Section 20(2)(d) ecological functions of the water resource; and Section 20(2)(e) vulnerability to degradation or depletion and other related factors. Section 20(3)(a) classify each water resource in accordance with the prescribed classification criteria; Section 20(3)(b) specify the resource quality objectives for a water resource of the class to which it belongs; and Section 20(3)(c) specify the requirements for achieving the objectives, and the dates from which the objectives will apply. Section 20(4) All State organs shall when exercising any statutory power or performing any statutory duty, take into account and give effect to the resource quality objectives determined under this section in respect of...

Section 21. National Monitoring and Information System Section 21(1) The Authority shall ensure that there is in place a national monitoring and geo referenced information system on water resources. Section 21(2) The Authority may require any person, within a reasonable time or on a regular basis, to provide it with specified information, documents, samples or materials in relation to the system referred to in subsection (1). Section 21(3)(a) have access to any specific information contained in any national information system; and Section 21(3)(b) be supplied with a copy of any document contained in the information system which is accessible to the public.

Section 22. Protection of catchment areas Section 22(1) Where the Authority is satisfied that in order to conserve a vulnerable water resource, special measures are necessary for the protection of a catchment area or a part thereof, it may by Order published in the Gazette declare such catchment area to be a protected area. Section 22(2) The Authority may impose such requirements or regulate or prohibit such conduct or activities, in or in relation to the protected catchment area as the Authority may consider necessary for the protection of the area and its water resources.

Section 23. Conservation of ground water Section 23(1)(a) the protection of public water or water supplies used for industry, agriculture or other private purposes; Section 23(1)(b) the conservation of the water resources of the aquifer of the ground water resources; or Section 23(1)(c) ecological reasons, it may by Order published in the Gazette , declare the area to be a ground water conservation area. Section 23(2) The Authority may impose such requirements or prohibit such conduct or activities in relation to a groundwater conservation area as it may consider necessary for the conservation of the ground water. Section 23(3) The Cabinet Secretary may make Regulations for the better carrying into effect of this section.

Section 24. Basin areas Section 24(1) The Authority shall in consultation with the Cabinet Secretary by notice published in the Gazette , designate a defined area from which rain water flows into a watercourse to be a basin area for the purposes of this Act. Section 24(2) The Authority may designate a basin area lying wholly or partly within another basin area as a sub-basin.

Section 25. Establishment of a basin water resources committee Section 25(1) The Cabinet Secretary shall by notice published in the Gazette establish a basin water resources committee for each respective basin area provided for under section 24 . Section 25(2) The Cabinet Secretary shall assign a name to each basin water resources committee established in accordance with subsection (1). Section 25(3) A basin water resources committee shall be responsible for the management of the water resources within a respective basin area. Section 25(4) A basin water resources committee shall operate under the Regulations made by the Authority.

Section 26. Basin water resources committee Section 26(1)(a) not less than four and not more than seven members appointed by the Authority in consultation with the Cabinet Secretary; and Section 26(1)(b) a representative of each county government whose area falls within the basin appointed by the appointing authority after approval by the county assembly. Section 26(2) The Cabinet Secretary shall, by notice in the Gazette , appoint the chairperson from amongst the members appointed under subsection (1)(a), who shall hold office for a period of three years. Section 26(3)(a) a representative of a Ministry responsible for matters relating to water resources; Section 26(3)(b) a representative of farmers or pastoralists within the basin area concerned; Section 26(3)(c) a representative of a public benefits organisation engaged in water resources management programmes within the basin area concerned; and Section 26(3)(d) a representative of the business community operating within the basin area concerned. Section 26(4) In appointing the members in subsection (1), the Authority shall ensure that at least three members have technical expertise in matters relating to water. Section 26(5) Pa...

Section 27. Functions of the basin water resources committees Section conservation, use and apportionment of water resources;

Section 28. Basin area water resources management strategy Section 28(1) Upon the designation of a basin area, the Authority shall prescribe requirements and a time frame for the formulation of a basin area water resources management strategy. Section 28(2) The basin area water resources management strategy shall be formulated by a basin water resources committee in consultation with the Authority and the county governments whose areas of jurisdiction lie within the basin area. Section 28(3)(a) be consistent with the national water resources policy; Section 28(3)(b) put in place measures to fulfil the water resource quality objectives for each class of water resource in the basin area; Section 28(3)(c) describe the measures to be put in place for the sustainable management of water resources of the basin area; Section 28(3)(d) contain a water allocation plan for the water resources of the basin area; Section 28(3)(e) provide systems and guidelines to enable the users of water resources within the basin area to participate in managing the water resources of the basin area; and Section 28(3)(f) provide a strategy for financing the management of the water resources of the basin area....

Section 29. Establishment and functions of water resource users associations Section 29(1) Water resource users associations may be established as associations of water resource users at the sub-basin level in accordance with Regulations prescribed by the Authority. Section 29(2) A water resource users association shall be a community based association for collaborative management of water resources and resolution of conflicts concerning the use of water resources. Section 29(3) Without prejudice to the generality of section 28 (3)(e), the basin area water resources management strategy shall facilitate the establishment and operation of water resources users associations. Section 29(4) The basin water resources committees may contract water resource users associations as agents to perform certain duties in water resource management.

Section 30. Establishment of the National Water Harvesting and Storage Authority Section 30(1) There is established the National Water Harvesting and Storage Authority. Section 30(2) The Water Storage Authority established under this section shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its own name and doing all things that a corporation may lawfully do.

Section 31. Water Harvesting and Storage Board Section 31(1)(a) a chairperson, who shall be appointed by the President; Section 31(1)(b) the Principal Secretary responsible for matters relating to water; Section 31(1)(c) the Principal Secretary responsible for matters relating to land; Section 31(1)(d) the Principal Secretary responsible for finance; Section 31(1)(e) five other members, who shall be appointed by the Cabinet Secretary; and Section 31(1)(f) a Chief Executive Officer. Section 31(2) The Chief Executive Officer is ex officio member of the Water Storage Board with no voting rights. Section 31(3) The First Schedule shall have effect with respect to the membership and procedure of the Water Storage Board.

Section 32. Powers and functions of the Water Storage Authority Section 32(1)(a) undertake on behalf of the national government, the development of national public water works for water resources storage and flood control; Section 32(1)(b) maintain and manage national public water works infrastructure for water resources storage; Section 32(1)(c) collect and provide information for the formulation by the Cabinet Secretary of the national water resources storage and flood control strategies; Section 32(1)(d) develop a water harvesting policy and enforce water harvesting strategies; Section 32(1)(e) undertake on behalf of the national government strategic water emergency interventions during drought; Section 32(1)(f) advise the Cabinet Secretary on any matter concerning national public water works for water storage and flood control; Section 32(1)(g) enter into a bulk water purchase agreement with an investor in accordance with the provisions of the Public Private Partnerships Act and in consultation with the Regulatory Board; and Section 32(1)(h) enter into a bulk water purchase agreement with a water works development agency and in consultation with the Regulatory Board. Section 32...

Section 33. Chief Executive officer Section 33(1) The Cabinet Secretary, on the recommendation of the Water Storage Board may appoint the Chief Executive Officer of the Water Storage Authority, on such terms and conditions as the Cabinet Secretary for public service may determine on the advice of the Salaries and Remuneration Commission. Section 33(2)(a) is a citizen of Kenya; Section 33(2)(b) holds a degree from a university recognized in Kenya; Section 33(2)(c) has at least ten years' experience, five of which should be in a senior management position in a public or private organisation; and Section 33(2)(d) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution. Section 33(3) The Chief Executive Officer shall be the accounting officer of the Water Storage Authority. Section 33(4)(a) implementation of the decisions of the Water Storage Board; Section 33(4)(b) day to day management of the affairs of the Water Storage Board; Section 33(4)(c) organization and management of the employees; and Section 33(4)(d) any other function that may be assigned by the Water Storage Board. Section 33(5) The Chief Executive Officer shall hold office for a term...

Section 34. Removal of the Chief Executive Officer Section The Chief Executive Officer may be removed from office by the Cabinet Secretary on the recommendation of the Water Storage Board, in accordance with the terms and conditions of service.

Section 35. Employees of the Water Storage Authority Section 35(1) The Water Storage Authority may appoint such other employees as it may consider necessary for the performance of its functions under this Act. Section 35(2) The Cabinet Secretary responsible for matters relating to public service shall determine the terms and conditions of service of the employees of the Water Storage Authority on the advice of the Salaries and Remuneration Commission.

Section 36. Water permit Section any use of water from a water resource, except as provided by section 37 ;

Section 37. Exemptions Section 37(1)(a) for the abstraction or use of water, without the employment of works, from any water resource for domestic purposes by any person having lawful access to the water resource; Section 37(1)(b) for the abstraction of water in a spring which is situated wholly within the boundaries of the land owned by any one landholder and does not naturally discharge into a watercourse abutting on or extending beyond the boundaries of that land; or Section 37(1)(c) for the storage of water in, or the abstraction of water from a reservoir constructed for the purpose of such storage and which does not constitute a water course for the purposes of this Act. Section 37(2) Subsection (1) does not apply in relation to any activity mentioned in that subsection which is carried on in prescribed circumstances and the relevant law or regulation made under this Act requires a permit for the carrying on of that activity in those circumstances. Section 37(3) Regulations made under this Act may make provisions with respect to the use of water from a water resource in any manner for which a permit is not required. Section 37(4)(a) prohibit any such use of water in prescribed...

Section 38. Unauthorized construction and use of works Section 38(1)(a) without a permit, constructs or employs works for a purpose for which a permit is required; or Section 38(1)(b) being the holder of a permit, constructs or employs any such works in contravention of the conditions of the permit, Section 38(2)(a) by means of any works not authorised by the permit; or Section 38(2)(b) before the whole of the works authorised by the permit have been certified, in accordance with the conditions of the permit, commits an offence.

Section 39. Easement for works Section 39(1) The holder of a permit which authorises the construction of works that would or a portion of works which would when constructed, be situated upon land not held by the permit holder shall, subject to any relevant law, acquire an easement on, over or through the land on which the works would be situated and, unless the works have previously been lawfully constructed, shall not construct or use the works unless he or she has acquired such an easement. Section 39(2) The provisions of the Third Schedule shall apply in respect of the acquisition of, and subsequent rights pertaining to or against, any such easement.

Section 40. Procedure for obtaining a permit Section 40(1) An application for a permit shall be made to the Authority at the applicable basin area. Section 40(2)(a) such information in support of the application as the Authority may require; and Section 40(2)(b) the prescribed fee. Section 40(3) The application shall be determined within six months of receiving an application which meets the requirements of the Authority. Section 40(4) An application for a permit shall be the subject of public consultation and, where applicable, of environmental impact assessment in accordance with the requirements of the Environmental Management and Co-ordination Act (Cap. 387). Section 40(5) Any person opposed to the grant of a permit may object in writing to the Water Tribunal within a period of thirty days after publication of the notice of the application. Section 40(6) The Authority must within thirty days notify the applicant and any person who may have objected to the grant of the application of its decision and in the event of a rejection, the reasons for the rejection. Section 40(7) Where an application made in accordance with this section is not determined by the Authority in accordance...

Section 41. Conditions of permits Section 41(1)(a) conditions that may be prescribed by Regulations under this Act; and Section 41(1)(b) such other conditions, not inconsistent with the conditions so prescribed, that the Authority may impose by endorsement on, or by an instrument in writing annexed to the permit. Section 41(2) The provisions of the Second Schedule shall be conditions on every permit which authorises the construction of works. Section 41(3)(a) require the imposition of prescribed conditions in prescribed circumstances; Section 41(3)(b) require the payment by the permit holder of prescribed fees in respect of the exercise of rights under the permit; or Section 41(3)(c) provide that a contravention of any specified conditions of a permit under this Act, shall constitute an offence and provide for corresponding penalties. Section 41(4) The imposition of a penalty under this Act shall not prevent any person who has suffered loss, damage or injury by reason of the contravention of this Act from pursuing any other remedy for the recovery of damages.

Section 42. Charges for water use Section 42(1) The conditions on a permit may require that on the issue of the permit and at prescribed intervals thereafter, the permit holder shall pay charges to the Authority for the use of water in accordance with the terms of the permit and the Regulations prescribed by the Authority. Section 42(2) The charges shall be determined by reference to a schedule of charges published in the Gazette by the Authority following public consultation. Section 42(3) Where there is an agreement between the Authority and a water resources users' association, the Authority may make available a portion of the water use charges to be used for financing such regulatory activities as the water resources users association has agreed to undertake on behalf of the Authority.

Section 43. Considerations for the issuance of permits Section 43(1)(a) existing lawful uses of the water; Section 43(1)(b) efficient and beneficial use of water in the public interest; Section 43(1)(c) any basin area water resources management strategy applicable to the relevant water resource; Section 43(1)(d) the likely effect of the proposed water use on the water resource and on other water users; Section 43(1)(e) the classification and the resource quality objectives of the water resource; Section 43(1)(f) the investments already made and to be made by the water user in respect of the water use in question; Section 43(1)(g) the strategic importance of the proposed water use; Section 43(1)(h) the quality of water in the water resource which may be required for the reserve; and Section 43(1)(i) the probable duration of the activity or undertaking for which a water use is to be authorised. Section 43(2) The use of water for domestic purposes shall take precedence over the use of water for any other purpose, and the Authority may, in granting any permit, reserve such part of the quantity of water in a water resource as in its opinion is required for domestic purposes. Section 43(...

Section 44. Issue of permits in exceptional cases Section 44(1) The Cabinet Secretary in consultation with the Authority may from time to time, by notice in the Gazette , make Regulations for determining exceptional circumstances to warrant a grant of a permit. Section 44(2) The Authority upon the advice of the basin water resources committee may, if in the opinion of the Authority exceptional circumstances as provided for in subsection (1), warrant such action, grant a permit authorising with or without conditions, the use of water from a water resource and the construction of the works required without subjecting the application to public consultation. Section 44(3) In considering whether or not to grant a permit in accordance with this section, the Authority, shall have regard to the extent to which the grant shall interfere with the domestic requirements of other users. Section 44(4) A permit granted in accordance with this section shall not in any case be in force for a period exceeding or for periods which in the aggregate exceed, one year, or for the construction of permanent works.

Section 45. Permit to be linked to land or undertaking Section 45(1)(a) be appurtenant to that portion of land or that undertaking; and Section 45(1)(b) pass with any demise, devise, alienation, transfer or other disposition whether by operation of law or otherwise. Section 45(2)(a) owing to a change in circumstances not under the control of the permit holder after the grant of the permit, the applicable water cannot, in such circumstances, be reasonably beneficially used by the permit holder on the particular portion of land to which the permit is appurtenant; and Section 45(2)(b) neither the public interest nor the rights of others would be adversely affected by a transfer in accordance with this subsection, the Authority may, on application by the permit holder and by endorsement of the permit or other instrument in writing, transfer the permit to another portion of the land owned by the permit holder, after which, it shall become appurtenant to that portion. Section 45(3)(a) to the condition that such easements, if any, as may be required to be granted within a period of two years after sub-division of the land or within such longer period as the Authority may determine; and Se...

Section 46. Variation or permit Section 46(1)(a) inequity; Section 46(1)(b) a deterioration in the quality of water; Section 46(1)(c) a shortage of water for domestic purposes; or Section 46(1)(d) a shortage of water for any other purpose which in the opinion of the Authority in case of inter-basin water transfers, should have priority, the Authority may vary the permit so as to alter the discharge or quality of water or any other aspect of water use authorised by the permit, or to alter the method or point of diversion or other specifications, terms or conditions of the permit. Section 46(2) A permit shall not be cancelled or varied under this section unless notice of the proposed cancellation or variation has been served on the permit holder and the permit holder has been afforded a reasonable opportunity to show cause to the Authority why the permit should not be cancelled or varied. Section 46(3) Subsection (2) does not apply where the variation is expressed to be made owing to drought or owing to a crisis of a kind prescribed by Regulations made under this Act.

Section 47. Power to require permit application or re-applications Section 47(1)(a) achieve a sustainable allocation of water from a water resource which is under stress; Section 47(1)(b) achieve equity in allocations; Section 47(1)(c) promote beneficial use of water in the public interest; Section 47(1)(d) facilitate efficient management of water resources, or Section 47(1)(e) protect water resource quality, Section 47(2) On receipt of applications or re-applications, the Authority shall prepare a proposed allocation schedule specifying how water from the water resource in question shall be allocated, taking into account the requirements of the reserve. Section 47(3) The proposed allocation schedule shall be subjected to public consultation, after which the basin water resources committee shall prepare a preliminary allocation schedule and shall, by notice published in the Gazette advertise the times and places at which a copy of the schedule may be inspected. Section 47(4) A person dissatisfied with the preliminary allocation schedule may appeal to the Water Tribunal within thirty days of the publication under subsection (3). Section 47(5)(a) if no appeal is lodged as provided fo...

Section 48. Cancellation of a permit Section 48(1) The Authority may in the case of an inter basin water transfer cancel or vary a permit if such cancellation or variation is necessary for the accommodation of additional water users of a water source. Section 48(2) A permit shall not be cancelled or varied under this section unless notice of the proposed cancellation or variation has been served on the permit holder and the permit holder has been afforded reasonable opportunity to show, cause to the Authority why the permit should not be cancelled or varied. Section 48(3) A permit holder whose permit is cancelled under this section shall be paid compensation of an amount agreed between the permit holder, the additional water user or users and the Authority in the case of inter basin water transfer, and any disputes arising from such compensation shall be determined by the Water Tribunal.

Section 49. Cancellation or variation of a permit for failure to observe terms and conditions Section 49(1)(a) contravenes any condition of the permit, or Section 49(1)(b) fails to make beneficial use of the water or any part of the water as determined by the Authority. Section 49(2) A permit shall not be cancelled or varied under this section unless notice of the proposed cancellation or variation has been served on the permit holder and the permit holder has been afforded a reasonable opportunity to show cause to the Authority as to why the permit should not be cancelled or varied.

Section 50. Variation of permit following a hydrographical survey Section Every permit shall be subject to subsequent variation by the Authority after a hydrographical survey of the relevant body of water has been made, and after reasonable notice has been given to all parties affected.