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 channel provided on that land to convey sewage or trade waste , but does not include a sewer connection ; " connected fittings " includes any water closet, urinal, sink, lavatory, bath cistern or other sanitary fittings; " construct " includes alter, improve, maintain and repair; " director " means the director of water development; " domestic sewage " includes faecal matter, urine, household slops and other liquid house refuse; " domestic use " includes use for the purpose of— (i) human consumption, washing and cooking by persons ordinarily resident on the land where the use occurs; (ii) watering not more than thirty livestock units; (iii) irrigating a subsistence garden ; and (iv) watering a subsistence fish pond ; " easement " means a right to enter on land owned or occupied by another person for all or any of the following purposes— (i) to construct works on or in that land ; (ii) to store water on or in that land ; or (iii) to carry water , drainage or waste under, through or over that land ; " environment " means all aspects of the surroundings of humans, including the physical, biological, economic, cultural and social aspects; " ground water " means all water occurring or obtained from below the surface of the ground other than water contained in works , not being a borehole , for the distribution, reticulation, transportation, storage or treatment of water or waste and includes water occurring in or obtained from any borehole or aquifer ; " hydrological station " includes a gauging, recording or monitoring station or an investigation or monitoring borehole or ancillary works constructed or installed on land ; " land " includes premises ; " livestock unit " means a mature animal with a live weight of 500 kilograms and for the purposes of this definition— (i) one head of cattle shall be deemed to be 0.7; (ii) one horse shall be deemed to be 0.6; (iii) one donkey shall be deemed to be 0.4; (iv) one goat shall be deemed to be 0.15; (v) one sheep shall be deemed to be 0.15, of a livestock unit ; " main " means a main pipe forming part of the water supply system owned, operated or constructed by a water authority and includes any valves, meters, hydrants, access shafts, chambers and other fittings as may be necessary for proper functioning of the main pipe; " Minister " means the Minister responsible for water or natural resources; " occupier " means any person in occupation of the land or any part of the land or premises ; " owner " includes— (i) the person for the time being receiving the rent of the land in connection with which the word is used, whether on his or her own account or as agent or trustee for any other person ; or (ii) the person who would receive the rent if the land were let to a tenant; " performance contract " means a contract made under section 48; " person " includes any corporation, authorised officer, public authority , other legal entity or water users group constituted for the purpose of acting as an authority under this Act; " pollute " means directly or indirectly to alter the physical, thermal, chemical, biological or radioactive properties of any water so as to render the water less fit for any beneficial purpose for which it is, or may reasonably be, used or to cause a condition which is hazardous or potentially hazardous to public health, safety or welfare, or to animals, birds, fish or aquatic life or other organisms or to plants; and "pollution" has a corresponding meaning; " premises " includes any building or structure whether of a temporary or permanent nature and any vehicle or vessel; " private sewer " includes a privately constructed pipe, conduit, underground gutter or channel, other than a building sewer , which may be connected to a private sewerage installation — (i) for the conveyance of sewage or trade waste ; or (ii) for other private purposes and not being part of a public sewerage system vested in or constructed by a sewerage authority ; " private sewerage installation " includes a privately constructed latrine, septic tank or other sewerage system and all fittings connected to any of them but does not include a building sewer ; " private water pipe " means any pipe provided by the owner or occupier of land for the receipt of a water supply but does not include a water connection or main ; " public authority " includes Government Minister , government department, statutory authority or any local government body, including any body provided for in the Local Governments Act; " sewer connection " means a connection provided by the sewerage authority or at the authority ’s directions for the conveyance of sewage or trade waste between a building sewer and a sewer at or near the boundary of that land ; " sewerage area " means an area declared as such under section 45; " sewerage authority " means a sewerage authority appointed under section 46; " subsistence fish pond " means a fish pond appurtenant to, or used in connection with, a dwelling or group of dwellings for subsistence of its residents, the produce of which is predominantly consumed by the residents and is not sold or bartered; " subsistence garden " means a garden, not exceeding 0.5 hectare in area , appurtenant to, or used in connection with, a dwelling or group of dwellings for the subsistence of its residents, the produce of which is predominantly consumed by the residents and is not sold or bartered; " trade waste " means waste declared to be waste under section 68; " trade waste agreement " means an agreement made under section 69 and includes a trade waste consent; " use ", in relation to water , includes to withdraw, pump, extract, take, use or reuse or to divert for the purpose of using or reusing, that water ; " waste " includes sewage and any other matter or thing, whether wholly or partly in solid, liquid or gaseous state, which if added to any water may cause pollution; " waste discharge permit " means a permit granted under section 29; " water " includes— (i) water flowing or situated upon the surface of any land ; (ii) water flowing or contained in— (A) any river, stream, watercourse or other natural course for water ; (B) any lake, pan, swamp, marsh or spring, whether or not it has been altered or artificially improved; (iii) ground water ; (iv) such other water as the Minister may from time to time declare to be water ; " water authority " means a water authority appointed under section 46; " water connection " means a connection provided by a water authority , or at its direction, for the conveyance of a water supply between a main and any private water pipe constructed on land , at or near the boundary of that land ; " water permit " means a permit issued under division 3; " Water Policy Committee " means the committee established under section 9; " water supply area " means an area declared as such under section 45; " works " includes any works whatever which are related to or may affect the investigation, use , control, management or administration of any water or waste and any works, excavations or boreholes— (i) where water or waste may be used, extracted, collected, diverted, stored, conducted, regulated, controlled, supplied, discharged, treated or measured; (ii) where land may be drained; (iii) where flooding or erosion of land or siltation of water may be mitigated or prevented; (iv) partly or wholly situated within or on— (A) the bed or banks of any watercourse; or (B) any other source of water , by which any structure may be constructed or protected. In this Act, unless the contrary intention appears, a reference to the Act includes regulations made under the Act. In interpreting this Act, an interpretation which promotes the purposes of the Act must be preferred to one which does not.

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 the safe storage, treatment, discharge and disposal of waste which may pollute water or otherwise harm the environment and human health.

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 court finds that the offence was committed; or where there is no court proceeding, after the complaint alleging the commission of the offence has been issued.

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 be done under this Act; provide for the advertisement of, and the giving of notice of, applications made under this Act; provide for and regulate the making of objections and the time in which objections must be made; regulate the conduct of appeals to the Minister ; prescribe standard conditions to be attached to water permits, waste discharge permits or other permits or different classes of any such permits; classify water by reference to its quantity, quality or possible use ; prescribe standards or criteria for the design, construction or operation of works and means for enforcing the same; fix rates, charges, fees, deposits, penalties and interest payable on outstanding amounts paid; provide for the prevention of waste , misuse or pollution of water ; provide standards for the quality of water supplied for domestic use ; impose penalties not exceeding penalties imposed under section 104(2), for contravening regulations made under this section. The Minister shall, within three weeks after the publication of regulations made under subsection (1)(q) or under section 94 or as soon as it resumes sitting, lay the regulations before Parliament for confirmation; and if the regulations are not rejected within one month of their being tabled, they will be deemed to have been confirmed.