Water Act

Section Commencement Section This Act shall come into force on a date that the Minister may, by statutory instrument, appoint; except that— different sections may come into force at different times; and no date shall be appointed to bring into force division 5 of Part II unless the delegation referred to under section 3(2) has been effected.

Section Interpretation Section In this Act, unless the context otherwise requires— " action plan " means the national water action plan prepared under section 16; " aquifer " includes a geological structure or formation and an artificial landfill permeated or capable of being permeated permanently or intermittently with water ; " area " includes a water supply area and sewerage area or either of them, as the case may be; " authorised person " means a person acting on behalf of the Minister or the director to whom powers have been delegated under section 11 and includes an officer, servant or agent of an authority or any person acting on behalf of the authority ; " authority " includes a water authority or sewerage authority or either of them, as the case may be; " borehole " includes a borehole, well, excavation or other opening in the ground or any natural or artificially constructed or improved underground cavity which is used or extends to an aquifer — (i) for intercepting, collecting, obtaining or using ground water ; or (ii) for disposing of any water or waste below the surface of the ground; " building sewer " in relation to land means any pipe conduit, underground gutter or...

Section Application of the Act Section Division 5 of Part II of this Act shall not be applied until the National Environment Management Authority, acting under section 6(2) of the National Environment Act, has delegated to the relevant authorities referred to in that division and on terms acceptable by the Minister , its functions— The Minister may, from time to time, by notice in the Gazette declare part of this Act not to apply to an area defined in the notice for a purpose defined in the water action plan . under sections 26 and 34(2) of that Act; and in relation to water , of granting pollution licences under Part VIII of that Act. After the delegation has been made as provided under subsection (2) and division 5 has come into effect, if there is any conflict between this Act and section 26, section 34(2) or Part VIII of the National Environment Act, this Act shall prevail.

Section Objectives Section The objectives of the Act are— to promote the rational management and use of the waters of Uganda through— the progressive introduction and application of appropriate standards and techniques for the investigation, use , control, protection, management and administration of water resources; the coordination of all public and private activities which may influence the quality, quantity, distribution, use or management of water resources; the coordination, allocation and delegation of responsibilities among Ministers and public authorities for the investigation, use , control, protection, management or administration of water resources; to promote the provision of a clean, safe and sufficient supply of water for domestic purposes to all persons; to allow for the orderly development and use of water resources for purposes other than domestic use , such as the watering of stock, irrigation and agriculture, industrial, commercial and mining uses, the generation of hydroelectric or geothermal energy, navigation, fishing, preservation of flora and fauna and recreation in ways which minimise harmful effects to the environment ; to control pollution and to promote...

Section Obstruction of an officer Section No person shall assault, threaten, resist, obstruct, hinder, delay or allow any other person to do the above to an authorised officer or person in the performance of his or her powers, functions or duties under this Act. Where a person is convicted of an offence under this section, the court may, in addition to any penalty, order that person to pay compensation sufficient to cover any damage which the authorised officer or other person might have suffered as a result of the commission of the offence, and the sum awarded may be recovered in the same manner as the penalty.

Section Offences and penalties Section A person who commits an offence under any other section for which no penalty is specified is liable on conviction to imprisonment for a term of not less than twelve months and not more than ten years or to a fine of not less than one hundred and twenty thousand shillings and not more than ten million shillings or to both and is liable— In this section, a "continuing offence" starts when the offence continues— A person who contravenes any provision for which no offence is specified commits an offence and is liable on conviction to imprisonment for a term of not less than three months and not more than ten years or to a fine of not less than one hundred thousand shillings and not more than six million shillings or both. for a continuing offence, to a fine of not less than one hundred and eighty thousand shillings and not more than eighteen million shillings for each day on which the offence is continued; for a subsequent offence, to imprisonment for a term of not less than thirty-six months or to a fine of not less than three hundred and sixty thousand shillings and not more than thirty-six million shillings or both. after the date on which the...

Section Inspection of authorities Section An authority , its officers, servants and agents shall, if required by an inspector, provide the inspector with— A person shall not— The Minister shall, from time to time, appoint an inspector to investigate the affairs of each authority and to report to the Minister in such manner as he or she directs. all information in its possession; the books of account, records, other documents and other sources of information available to the authority . An inspector, and advisers or assistants as he or she considers necessary, may enter any land at any reasonable time for purposes of carrying out an investigation under this section. assault, threaten, resist, obstruct, hinder or delay, or use foul, abusive or insulting language towards or at any inspector, his or her advisers or assistants in the exercise of an inspector’s powers under this section; or under this section; or falsely hold himself or herself out to be an inspector.

Section Protection of authorities and officers Section Without in any way limiting the generality of subsection (1), that subsection shall apply to— Except as expressly provided in this Act, the Minister , an authority , its servants or agents or any authorised person shall not be liable for any loss, injury or damage resulting from any act done or omission made in good faith in the exercising of any powers or functions or in discharging of any duty under this Act. any failure to make available or to continue to make available any service under this Act; any action taken in connection with the beneficial treatment of water for human consumption, including disinfection or fluoridation; any date or information supplied; any approval or permission given; any inspection conducted; or any requirement imposed or direction given, by the Minister , an authority , its servants or agents, or an authorised person . Nothing in subsection (1) protects an authority from any liability it might otherwise have for supplying water which does not comply with any water quality or other standards prescribed under this Act.

Section Regulations Section Without limiting the generality of subsection (1), regulations may— The Minister may make regulations not inconsistent with this Act generally to give effect to the purposes and provisions of this Act. prescribe anything which may be prescribed under this Act; establish guidelines for the exercise of the functions or powers of the director , any authorised person or public authority under this Act; provide for the preparation, revision and approval of the water action plan ; provide for the membership, appointment, functions, powers and proceedings of the Water Policy Committee ; provide for the registration of existing uses of water and structures; provide for means of exempting classes of uses, uses and the structures from some or all the provisions of Part II of this Act; provide for the decentralisation or delegation of functions under this Act; provide for the duration, granting, amending, renewing, suspending, varying or cancelling of permits; prescribe the registers and records to be kept under this Act and the manner in which they are to be kept; prescribe the forms to be used and fees to be paid in respect of any matter required or permitted to...