Zimbabwe
Water Act
Chapter 20:24
- Commenced on 1 January 2000
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title and date of commencement
This Act may be cited as the Water Act [Chapter 20:24].2. Interpretation
3. Water vested in President
Subject to this Act, all water is vested in the President.4. No private ownership of water
5. Act not to affect certain rights of miners and prospectors to water
Nothing in this Act shall affect the rights conferred on holders of mining locations or prospectors by the Mines and Minerals Act [Chapter 21:05] in respect of the use of—6. General functions of Minister
7. Secretary and other officers
8. Delegation of powers by Minister and Secretary
9. Powers of officers
10. Powers in respect of hydrological stations
Part II – Water resources planning and development
11. Declaration of river system
12. Preparation of outline plans
13. Contents of outline plans
14. Powers of Secretary with respect to outline plan
15. Publication of outline plans
16. Procedure after publication of outline plans
17. Changes to approved outline plans
18. Effect of operative outline plans
19. Review of operative outline plans
Part III – Establishment, functions and procedures of catchment councils
20. Establishment of catchment councils
21. Functions of catchment council
22. Powers of catchment councils
23. Principles to be observed by catchment council in considering applications for permits for use of water
24. Establishment and functions of subcatchment councils
25. Persons interested in matters before catchment council
26. Costs
The costs payable in respect of any proceedings before a catchment council shall be as prescribed.27. Orders of catchment council
28. Catchment manager
29. Powers of catchment managers
30. Services by National Water Authority to catchment councils
The National Water Authority shall provide secretarial, administrative, clerical and technical services to catchment councils.[section substituted by section 26 of Act 14 of 2002]31. Inspections
Part IV – Use of water
32. Use of water for primary purposes
33. Power of catchment council to limit quantity of water abstracted for primary purposes
34. Application for permit
35. Authority to sink boreholes for any purpose or wells for purposes other than primary purposes
36. Period of validity of permit
37. Permits to pass to new owner
A permit shall, on the transfer of the piece of land to which it relates, pass to the new owner of the piece of land concerned.38. Permit not transferable except with consent of council
Subject to subsection (1) of section forty-four, no person shall cede, sell or otherwise alienate a permit except with the consent of the catchment council concerned, granted after consultation with the Secretary.39. Minister may direct National Water Authority to apply for permit
40. Construction of works necessary for enjoyment of rights to use water
41. Amendment of permits to abstract, control, divert, store or use water
42. Reporting of existing storage works, boreholes and wells
43. Records of amount of water abstracted to be maintained
44. Restrictions on cession of right to use water, or sale or use of, water
45. Change of course of public stream
46. Application for permit to conduct operations in public streams
47. Consent of Minister to be obtained for water storage works of certain size
48. Safeguarding interests of occupants of Communal Land
49. Decisions of catchment council affecting water supply for primary purposes in Communal land
Whenever an order or other decision of a catchment council in respect of an application for a permit to use water for an irrigation scheme or any other matter is likely, in the opinion of the catchment council, substantially to affect the supply of water for primary purposes of the occupants of any Communal Land, the order or other decision shall not take effect unless the approval of the Minister responsible for the administration of the Communal Land Act [Chapter 20:04], has first been obtained.50. Grant of final, provisional or temporary permits
51. Certain permits to enjoy preference over other rights to use water
52. Disposal of water after use
53. Allocation or apportionment of rights to use water on consolidation or subdivision of land
54. Rights to use water when volume thereof insufficient to satisfy demand
Whenever the volume of water in any river system or part thereof for the use of which permits have been granted proves insufficient to satisfy all the permits, the catchment council shall, subject to section forty-one, revise, reallocate or reapportion the permits upon such conditions and in such manner as will ensure the equitable distribution and use of the available water.55. Responsibility for maintenance of water works
56. Reservation of areas likely to be required for dam basins or dam sites
57. Reservation of water
58. Water development restriction areas
59. Investigation of use of water by National Water Authority
The National Water Authority—60. Conferring of powers of catchment councils on urban councils
The Minister may, after consultation with the Minister responsible for local government and the urban council concerned, and after considering the financial resources available to that council—Part V – Water shortage areas
61. Declaration of water shortage areas
62. Powers of catchment council in respect of water shortage areas
63. Sinking, deepening or altering of boreholes and wells in water shortage areas restricted
64. Maximum volume and rate of abstraction of water in water shortage areas
65. Measuring and recording of water abstracted in water shortage areas
66. Minister may authorize delegation of powers under this Part to local authorities
The Minister may, after consultation with the local authority concerned and the Minister responsible for local government and after considering the financial resources available to such local authority, by notice in the Gazette—Part VI – Water quality control and environmental protection
67. Water resource management to be consistent with environmental approaches
Without in any way limiting the generality paragraph (b) of subsection (2) of section six, in considering, formulating and implementing any proposal for the use, management or exploitation of water resources, due consideration shall be given to—68. ***
[sections 68 repealed by section 142 of Act 13 of 2002]69. ***
[sections 69 repealed by section 142 of Act 13 of 2002]70. ***
[sections 70 repealed by section 142 of Act 13 of 2002]71. ***
[sections 71 repealed by section 142 of Act 13 of 2002]Part VII – Servitudes in respect of water
72. Interpretation in Part VII
In this Part—“interested party” means every owner of, and every holder of a real right in or lease of, land within the area on or over which a servitude is claimed in terms of section seventy-four;“permanent servitude” means a servitude other than a temporary servitude;“real right” means a real right registered in terms of the Deeds Registries Act [Chapter 20:15] or the Mines and Minerals Act [Chapter 21:05];“servitude” means a servitude of abutment, a servitude of passage, a servitude of purification or a servitude of storage;“servitude of abutment” means the right to occupy and use by means of water works, and the necessary appurtenances and structures, the banks or bed of a public stream or land adjacent thereto or any other land belonging to another and includes the right of access to and over the area subject to such right of occupation and use, after giving such notice as is reasonable in the circumstances to the occupier thereof, for the purpose of constructing, inspecting, maintaining and operating the water works and the necessary appurtenances and structures concerned or for any other purpose necessary for the effective enjoyment of the rights referred to in this definition;“servitude of passage” means the right to occupy and use so much land belonging to another as may be necessary for or incidental or the passage of water and includes the right—(a)to construct such water works as may be necessary for such passage on such land and over, under or alongside other water works or to enlarge and extend existing water works; and(b)of access to and over the area subject to such right of occupation and use, after giving such notice as is reasonable in the circumstances to the occupier thereof, for the purpose of constructing, inspecting, maintaining and operating water works referred to in paragraph (a) or for any other purpose necessary for the effective enjoyment of the rights referred to in this definition;“servitude of purification” means the right to occupy and use so much land belonging to another as may be necessary for or incidental to the filtration and purification of water and processes incidental thereto and includes the right—(a)to construct such water works as may be necessary for such filtration and purification; and(b)of access to and over the area subject to such right or occupation and use, after giving such notice as is reasonable in the circumstances to the occupier thereof for the purpose of constructing, inspecting, maintaining and operating water works referred to in paragraph (a) or for any other purpose necessary for the effective enjoyment of the rights referred to in this definition;“servitude of storage” means the right to occupy and use land belonging to another by inundating it with water by means of water storage works, together with such land—(a)contiguous to the land so inundated as may be required to be occupied and used by the holder of the servitude of storage for the purpose of preventing the pollution of the water stored by or in the water storage works; and(b)adjacent to or near the land so inundated as may be required to be occupied and used for the purpose of passage, after giving such notice as is reasonable in the circumstances to the occupier thereof, for the purpose of cleansing and maintaining the water storage works or for any other purpose necessary for the effective enjoyment of the rights referred to in this definition;“temporary servitude” means a servitude with a duration of—(a)a fixed number of years; or(b)the period for which it is used for the purpose for which it is granted, with or without further specification of such duration.73. Acquisition of servitudes otherwise than in terms of Part VIII
Nothing in this Part shall be construed as preventing any person from acquiring in accordance with any other law a servitude required in connection with any water works.74. Certain persons may claim servitudes and enter on land
75. Method of claiming servitudes
76. Rights, privileges and obligations of interested parties at hearings of claims or issues of compensation
An interested party shall—77. Powers of Administrative Court in regard to claims or issues of compensation
78. Rights of owners of land subject to servitudes of passage
79. Rights of owners of land subject to servitudes of storage
80. Rights included in servitudes
81. Lapse of servitudes
82. Holders of servitudes to construct, maintain and repair water works
Subject to this Part, the holder of a servitude shall construct, maintain and repair all water works required for the enjoyment of the servitude.83. Registration of servitudes awarded by Administrative Court
84. Registration of servitudes acquired by agreement
85. Registration of servitudes in Deeds registry
Part VIII – Combined water schemes
86. Interpretation in Part VIII
In this Part—“petition” means a petition made in terms of section eighty-seven;“petitioner” means an owner of land referred to in section eighty-seven;“scheme” means a combined water scheme referred to in section eighty-seven.87. Petitions for schemes
88. Investigation and report on petition
89. Consideration of petition by catchment council
In considering a petition, a catchment council shall have regard to—90. Powers and duties of catchment council in relation to petitions
91. Allocation of water by catchment council for use in schemes
A catchment council may within an existing scheme allocate water for use for primary purposes, agricultural purposes, institutional purposes or miscellaneous purposes on land within the area of the scheme for the benefit of the participants in the scheme.92. Alteration of areas within, or quantities of water allocated in respect of, schemes
93. Allocation of water in combined water schemes may be cancelled or revised
A catchment council may, if the user of water allocated in terms of paragraph (c) of subsection (2) of section ninety fails without sufficient cause to make full beneficial use of such allocation, of its own motion or at the request of any interested party, cancel or revise such allocation.94. Liability of owners of land benefiting from schemes
95. Allocation or apportionment of rights to use water on consolidation or subdivision of land in scheme area
Part IX – Safety of dams
96. Interpretation in Part IX
97. Minister may grant exemptions
98. Approved civil engineers and approved civil engineering technicians
99. When dam works in respect of small dams may be commenced
100. Duties of owners on completion of small dam works in respect of dams and registration
101. Reporting of small dams in certain areas
102. When dam works in respect of large dams may be commenced
103. Supervision of dam works in respect of large dams
104. Duties of owners on completion of dam works in respect of large dams and registration
105. Periodic inspections of large dams
106. Secretary may appoint board of consultants
107. Secretary may require owner to carry out dam works
108. Rights of access, inspection, investigation and survey
109. Procedure in emergencies
110. Procedure in emergencies arising during execution of dam works
111. Exemption from liability
Part IXA – Protection of water infrastructure and farm irrigation works
[Part IXA inserted by Act 1 of 2011]111A. Interpretation in Part IXA
In this Part—“dual use water component” means any water infrastructure component or farm irrigation works component that may, independently of any public water works, local authority water works or farm irrigation works, be used for the abstraction, discharge or distribution of water for primary purposes in or about the area of the garden or grounds or both of a dwelling-house or for cleansing purposes in a place of business;“farm” means any area of alienated land, or of land held by a person under a permit or lease issued in terms of Agricultural Land Settlement Act [Chapter 20:01], which is not within—(a)parks and wild life land or forest land; or(b)a municipal area, town area or local government area as defined in the Urban Councils Act [Chapter 29:15];(c)a town ward of a rural district council or an area that has been declared a specified area in terms of the Rural District Councils Act [Chapter 29:13]; or(d)the area of any township as defined in the Land Survey Act [Chapter 20:12]; or(e)State land the layout of which has been approved in terms of—(i)section 127 of the Town and Country Planning Act [Chapter 213 of 1974]; or(ii)section 43 of the Regional, Town and Country Planning Act [Chapter 20:12];“local authority water works” means water works operated by or on behalf of a municipal council, town council or rural district council for the provision of water for agricultural purposes, electrical purposes, institutional purposes, local authority purposes, mining purposes, primary purposes, railway purposes, road purposes, township purposes or miscellaneous purposes, for the benefit of the residents of the area under the jurisdiction of the local authority concerned;“farm irrigation works” means any works on a farm by means of which water may be artificially applied to land for agricultural purposes;“farm irrigation works component” means any pump, filter, valve, pipe, pipeline, tube, water meter, sprinkler or other equipment or device for abstracting, discharging or distributing water or that is otherwise necessary for the operation of any farm irrigation works;“market garden” means any plot of land used for the production of fruits, vegetables and flowers as cash crops that is located within the area of a city, municipality, town or local government area established in terms of the Urban Councils Act [Chapter 29:15];“public water works” means water works operated by or on behalf of State, the National Water Authority or the Zambezi River Authority for the provision of water for agricultural purposes, electrical purposes, institutional purposes, local authority purposes, mining purposes, primary purposes, railway purposes, road purposes, township purposes or miscellaneous purposes, for the benefit of the public or any section thereof;“receipt”, in relation to the purchase or acquisition of any water infrastructure component, farm irrigation works component or dual use water component, means a receipt issued in the name of the possessor of the component indicating the nature of the component, the date of purchase or acquisition of the component, and the name and address or contact details of the person who sold or disposed of the component to the possessor;“water infrastructure component” means any material component essential for the maintenance of—(a)a public water works; or(b)a local authority water works.111B. Wilful damage to or, interference with or theft of water infrastructure and farm irrigation works components
111C. Power to arrest persons
111D. Transportation of water infrastructure or farm irrigation works components
39J. Forfeiture of unlawfully transported water infrastructure or farm irrigation works components and vehicle used in connection therewith
Part X – Appeals
112. Interpretation in Part XI
In this Part—“authority” means the Minister, the Secretary, a catchment council or the National Water Authority, as the case may be.113. Composition of Administrative Court for purposes of this Act
114. Appeals against decisions of authority
Part XI – General
115. Maintenance of registers and other records
Every catchment council shall—116. Service of notices, orders and other documents
117. Validity of defective notices, orders and other documents
Any notice, order or other document authenticated or issued by any officer in terms of this Act shall be valid from the date of its authentication or issue, notwithstanding any—118. Offences and penalties
119. Regulations
120. Savings in relation to Zambezi River Authority
Notwithstanding this Act, the Zambezi River Authority referred to in section 4 of the Zambezi River Authority Act [Chapter 20:23] may continue to perform its functions and exercise its rights in relation to the use, extraction and storage of water in or from the Zambezi river in respect of the Kariba dam, the Kariba hydro- electric scheme and any other undertakings which are conferred upon it by or in terms of that Act.Part XII – Repeals and savings
121. Interpretation in Part XIII
In this Part—“fixed date” means the date fixed in terms of subsection (2) of section one as the date of commencement of this Act;“repealed Act” means the Water Act [Chapter 20:22];“river board” means a river board which was established under the repealed Act and was in existence immediately before the fixed date.122. Repeal
Subject to this Part, the Water Act [Chapter 20:22], is repealed.123. Continuation of river boards and succession by catchment councils
124. Continuation of existing water rights
125. Matters pending before Administrative Court
126. Saving of regulations, etc.
History of this document
31 December 2016 this version
Consolidation
01 January 2000
Commenced