THE WATER RESOURCES MANAGEMENT (AMENDMENT) ACT, 2022
This section gives the Act’s short title and says it is to be read together with the Water Resources Management Act, 2009.
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About this statute
This section gives the Act’s short title and says it is to be read together with the Water Resources Management Act, 2009. This provision changes the Act by replacing “Basin Water Officer” with “Basin Water Director” wherever that term appears. This section inserts a definition of “court” that includes the primary court, district court, resident magistrate’s court, and the High Court. Section 8 is amended by replacing one phrase with another phrase about water programmes and development plans. This section amends paragraph (b) of section 21 of the principal Act by deleting specified words and substituting others.
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Provisions of THE WATER RESOURCES MANAGEMENT (AMENDMENT) ACT, 2022
Showing 26 of 26
Part
PART I
- 1 Verify source ↗
Short title
This section gives the Act’s short title and says it is to be read together with the Water Resources Management Act, 2009.
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
Part
PART II
- 2
This provision changes the Act by replacing “Basin Water Officer” with “Basin Water Director” wherever that term appears.
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
This section inserts a definition of “court” that includes the primary court, district court, resident magistrate’s court, and the High Court.
3. The principal Act is amended in section 3 by inserting in its appropriate alphabetical order the following new definition: 2 No. 8 The Water Resources Management (Amendment) Act, 2022 Amendment of section 8 Amendment of section 21 Amendment of section 23 ““court” means primary court, district court, resident magistrate’s court or the High Court;”. - 4
Section 8 is amended by replacing one phrase with another phrase about water programmes and development plans.
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”. - 5
This section amends paragraph (b) of section 21 of the principal Act by deleting specified words and substituting others.
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 the words “coordination and substituting harmonisation of”. them for - 6
This section amends section 23 of the principal Act by changing punctuation and adding two new paragraphs.
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 the provisions of better implementation of this Act.” - 7
A person cannot be appointed as a Basin Water Director unless they meet specified education, experience, and water-sector knowledge criteria.
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 hydrogeology, hydrology, environmental engineering, civil engineering, water resources engineering or a degree in any other related field; (b) possesses at five years least experience in managerial position 3 No. 8 The Water Resources Management (Amendment) Act, 2022 such or qualification; other additional (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
This section amends section 37 to add an offence for contravening a notice issued under subsection (3), with a conviction penalty that includes a fine, imprisonment, or both.
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 to imprisonment for a term of not less than six months or to both.”; and five million shillings or (b) renumbering subsections (4), (5) and (6) as subsections (5), (6) and (7) respectively. Amendment of section 43 Repeal and replacement of section 44 - 9
This provision amends section 43 by inserting the word “impounds” in subsection (1) between “dams” and “stores”.
9. The principal Act is amended in section 43 by inserting the word “impounds” between the words “dams” and “stores” appearing in subsection (1). - 10
This section amends the principal Act by repealing section 44 and replacing it with new text.
10. The principal Act is amended by repealing section 44 and replacing for it the following: “Use of water contrary to permit - 44 Verify source ↗
Any person who uses water in
A person commits an offence if they use water beyond what their permit allows or for a different purpose than the permit authorises.
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 five but not million shillings or to impri- sonment for a term of not less exceeding 4 No. 8 The Water Resources Management (Amendment) Act, 2022 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 the Basin continues and Water Board may revoke the water use permit issued to the offender.” Addition of section 44A - 11
This provision amends the principal Act by adding a new section after section 44 titled “Use of water without permit”.
11. The principal Act is amended by adding immediately after section 44 the following: “Use of water without permit - 44A Verify source ↗
A person who diverts,
Using water without a water use permit is an offence.
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- than (a) in case the offender is a natural person, to a fine of not less three hundred thousand shillings but not exceeding five million shillings or to imprisonment for a term of not less than not three months exceeding six months; or (b) in case the offender is a legal person, to a fine of not less than five million shillings: but 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.” 5 No. 8 The Water Resources Management (Amendment) Act, 2022 Amendment of section 56 Amendment of section 65 - 12
This section amends section 56 of the principal Act by inserting the words “in a particular aquifer” after “boreholes” at the end of subsection (2).
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). - 13
The Minister may, by order published in the Gazette, establish a water quality laboratory for water quality management, analytical and reference work under the Act.
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 Amendment of section 79 - 14
This section amends section 75(2) by replacing the word “right” with “permit”.
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”. - 15
This section amends section 79 of the principal Act by replacing “National Water Board” with “Director of Water Resources” in subsection (2).
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 Director must carry out dam site verification and review the design report, with the owner paying the costs, and the process must follow regulations.
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
This provision amends the principal Act by adding new text immediately after section 97.
17. The principal Act is amended by adding immediately after section 97 the following: “Summary procedure - 97A Verify source ↗
(1) Where, after the time
If a person does not pay a water rate on time, the Basin Water Board must issue a written demand and require payment within 30 days after service.
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 6 No. 8 The Water Resources Management (Amendment) Act, 2022 Cap. 33 amount stated in such demand within thirty days after service of the demand. (2) The provisions of the Civil to summary Procedure Act relating 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
This provision amends the principal Act by inserting a “General penalty” item immediately after section 105.
18. The principal Act is amended by adding immediately after section 105 the following: “General penalty - 105A Verify source ↗
A person who commits an
A person convicted of an offence under the Act that has no specific penalty may be fined, imprisoned, or both.
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 than six months but not not exceeding one year or to both.” less Amendment of section 107 - 19
This provision amends section 107 by adding the words “Without prejudice to the provisions of section 105,” at the start of subsection (1).
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 by- - 20
This section amends section 111(2) of the principal Act to add a paragraph allowing transfer of water or wastewater from one basin to another basin.
20. The principal Act is amended in section 111(2), (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
Part
Schedule
- 21
This provision amends the principal Act by changing the Third Schedule so that certain members are appointed by the respective Basin Water Board, and by replacing “Minister” with “Basin Water Board” in paragraph 2.
21. The principal Act is amended in the Third Schedule- (a) in paragraph 1, by deleting subparagraph (2) and substituting for it the following: 7 No. 8 The Water Resources Management (Amendment) Act, 2022 “(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 Verify source ↗
General amendment
This section amends the principal Act so that paragraph 5(1) requires at least two members to be women.
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 8
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