the water resources regulations, 1998. arrangement …extwprlegs1.fao.org/docs/pdf/uga14414.pdf ·...

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STATUTORY INSTRUMENTS SUPpLEMENT No. 20 21st August, 1998 STATUTORY INSTRUMENTS to the Uganda Gazelle No. 52 Volume XCI dated Zl st August, 1998. Printed by UPPC, Entebbe, by Order of Government. THE WATER RESOURCES REGULATIONS, 1998. ARRANGEMENT OF REGULATIONS. PART I-PRELIMINARY. Regulation. I. Citation. 2. Interpretation. PART II-WATER PERMITS. 3. Application for a water permit 4. Advertisement of application. 5. Director to consult public authorities on applications. 6. Factors to be taken into account when considering an application. 7. Conditions attached to and transfer of water permits. 8. Renewal of water permits. 9. Appeal. 10. Registration etc. PART III-WATER POLICY COMMITIEE. 11. Vacation from office. 12. Duties of Deputy Chairman. 13. Additional functions of the Committee. 14. Sub-Committees of the Committee. 15. Proceedings of the Committee. 483

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Page 1: THE WATER RESOURCES REGULATIONS, 1998. ARRANGEMENT …extwprlegs1.fao.org/docs/pdf/uga14414.pdf · (Under section 107 a/the Water Statute, 1995). IN EXERCISE of the powers conferred

STATUTORY INSTRUMENTSSUPpLEMENT No. 20 21st August, 1998

STATUTORY INSTRUMENTS

to the Uganda Gazelle No. 52 Volume XCI dated Zl st August, 1998.

Printed by UPPC, Entebbe, by Order of Government.

THE WATER RESOURCES REGULATIONS, 1998.

ARRANGEMENT OF REGULATIONS.

PART I-PRELIMINARY.

Regulation.

I. Citation.

2. Interpretation.

PART II-WATER PERMITS.

3. Application for a water permit

4. Advertisement of application.

5. Director to consult public authorities on applications.

6. Factors to be taken into account when considering an application.

7. Conditions attached to and transfer of water permits.

8. Renewal of water permits.

9. Appeal.

10. Registration etc.

PART III-WATER POLICY COMMITIEE.

11. Vacation from office.

12. Duties of Deputy Chairman.

13. Additional functions of the Committee.

14. Sub-Committees of the Committee.

15. Proceedings of the Committee.

483

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PART IV-DRILLING AND CONSTRUCTION PERMITS.

I I, Drilling permit etc.

I! Classification of boreholes etc.

I H Factors to be taken into account when considering an application

I'). (irant of permit etc.

:0 APPC31 to the Minister.

~ I. Clllcellation of permit.

1 1 I-:.\(r<l conditions attached to drilling permit.

1 \ lix Ira conditions attached to construction permit.- .~-l. Acccss to data and plans.

PART V-MISCELLANEOUS.

2'\ 1:;lScments.

:!(l. Water charges.

27. Register.

2S Offences and penalty.

2'.1 Validation and saving.

SCHEDULES.

First schedule.

Second schedule.

Third schedule.

Fourth schedule.

Fifth schedule.

Sixth schedule.

Seventh schedule.

Eighth schedule.

484

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STATUTORY INSTRUMENTS

1998 No. 33.

The Water Resources Regulations, 1998(Under section 107 a/the Water Statute, 1995).

IN EXERCISE of the powers conferred on the Ministerresponsible for water by section 107 of the Water Statute, 1995,these Regulations are made this 7th day of April, 1997.

PART I-PRELIMINARY.

l. These regulations may be cited as the Water ResourcesRegulations, 1998.

2. In these Regulations, unless the context otherwiserequires,

"Chairman" means the Chairman of the Committee;

"Committee" means the Water Policy Committeeestablished under section 9 of the Statute;

"construction permit" means the permit referred to In

subregulation (2) of regulation 16;

"Deputy Chairman" means the Deputy-Chairman of theCommittee;

"drainage regime" means the physical and hydrologicalcircumstances that may affect drainage in acatchment, including the use of land but exclud­ing any circumstances that arise from works thatare unlawfully carried out or from any unlawfuluse of land;

"drilling permit" means the permit referred to in sub­regulation (1) of regulation 16;

"Statute" means the Water Statute, 1995;

485

SratuteNo.9of 1995.

Cirarion.

lnierpre­tation.

SlaIUle No.9of 1995.

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Applicationfor a waterpermit.

"water way" means,

(a) a river, creek, stream or water course;

(b) a natural channel in which water regularly flows.whether or not the flow is continuous;

(c) a channel formed wholly or partly by the alter­ation or relocation of a waterway as defined inparagraphs (a) or (b);

(d) a lake, swamp or marsh.

PART II-WATER PERMITS.

3. (I) A person who,

(a) occupies or intends to occupy any land;

(b) wishes to construct, own, occupy or control any workson or adjacent to the land referred to in regulation 10;

may apply to the Director for a water permit.

(2) An application referred to under subregulation (J) shall,

(a) be in the form specified in the First Schedule to theseregulations except that,

(i) Form A shall be used for surface water permits:and

(ii) Form B shall be used for ground water permits;

(b) be accompanied by the fee specified in the SecondSchedule to these regulations;

(c) in the case of an application relating to groundwater, beaccompanied by a borehole completion report speci­fied in the Third Schedule to these regulations;

(d) in case of all other applications, be made before anyworks referred to in regulation 10 are constructed.

486

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(3) The Director may,

(a) require an applicant to prepare and submit plans orother information to support the application madeunder this regulation;

(b) in person or by a person duly authorised by him enterany land and carry out any investigations that arenecessary to enable him process the application;

(c) after the provisions of this regulation are compl iedwith, grant the water permit on such conditions asare necessary.

4. (1) The Director may require an applicant for a waterpermit, at his cost, to advertise the application for a water permitin such manner as the Director may in writing specify.

(2) The Director may request the applicant referred 10 insubregulation (1), in any notice advertised under that subregulation,to invite submissions on that publication within such period as theDirector may in writing specify.

S. The Director shall. after receipt of any application referredto in regulation 3. refer such application to any public authority des­ignated by the Committee for consideration and comments.

6. The Director shall. when considering an applicationreferred 10 under regulation 3 of these regulations, take intoaccount the following factors;

(a) the existing and projected availability of water in thearea;

(b) the existing and projected quality of water in the area;

(c) any adverse effect which the facility or allocation oruse of water under the permit is likely to have on,

487

Advertise­mcni ofapplicarion.

I )'fl'I.:Il>r III

cun ... ultI' "I-h,';llltlh)rltil:s

lin .mplicu­lion.'

F~.U':lors (0

OC'I"K<-nInto accountwhen.:onsllknnganappticarion.

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s v

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(2) In addition to the conditions specified in section 20of the Statute the Director may attach any or all of the followingconditions to a water permit-s-

(a) the permit may be granted for a period not exceedingfive years;

(b) the permit shall be granted subject to such conditionsas are relevant to the specified particular types ofuses determined by the Committee;

(c) conditions relating to the standard of;

(i) construction;

(ii) dimension;

(iii) any other feature of the works; and

(iv) any associated works.

(d) conditions relating to the future maintenance andoperation of the works and any associated worksand the date on which operation of these worksmay commence;

(e) the date of commencement of work on the works andthe notice required to be given of that commence­ment;

(f) the submission of reports on the carrying out of workon the works;

(g) the period within which work on the works must becompleted;

(h) the qualifications that must be held by any personwho is to undertake, design, construct or operatethe whole or any part of the works;

(i) in the case of works on a waterway, additional worksor measures to be undertaken for,

(i) the protection and enhancement of in-streamuses of water;

489

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(ii) the protection of water and its surroundings;

(iii) the maintenance of flow in the waterway,

(iv) the maintenance of the drainage regime.

(j) in the case of works for a storage of water within awaterway, steps to be taken to maintain the avail­ability of water to satisfy other users;

(k) in the case of a borehole,

(i) additional works or measures to be undertakenfor the protection of other aquifer for themaintenance of the flow of water;

(ii) requiring samples of materials excavated fromthe borehole and of water encountered in theborehole at the time of the excavation to betaken and given to a specified authority;

(iii) requiring all or any part of the works to becarried out by or under the direction of theperson holding a drilling permit.

(I) the purposes for which water may be used;

(m) the maximum amount of water which may be takenat a particular period or under the circumstances;

(n) payment for the water used;

(0) the protection of the environment;

(p) Government policy on conservation;

(q) the efficient use of water resources;

(r) the manner in which the applicant is to compensateany person whose existing authorised use of watermay be adversely affected by the allocation or useof water under the permit;

(s) the protection or control of in-stream uses of water;

(t) the installation and use of measuring devices orpumps.

490

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(3) A person who becomes the owner or occupier of anypremises in respect of which a water permit exists shall continue toabstract water in accordance with the conditions and terms spelt outin that water permit for a period of three months from the date onwhich that person becomes the owner or occupier of the premises.

(4) After the expiry of the period referred to in sub­regulation (3) of this regulation the Director shall, on receipt ofa notification from the person referred to in subregulation (3), setout in Form D in the Fifth Schedule, grant that person a waterpermit on conditions which are not more onerous to the applicantthan the conditions attached to the previous water permit relatingto those premises and if the Director is satisfied that the purposesfor which the premises are to be used and the amount of waterrequired will not change in any material respect.

8. (I) A holder of a water permit granted under regulation3 or 10 may before the expiry of his or her permit, apply to theDirector for the renewal of the permit.

(2) An application under subregulation (1) of this regu­lation shall,

(a) be made in a form and manner determined in writingby the Director;

(b) contain such information as the Director may specify;

(c) be accompanied by the fee specified in the Second

Schedule to these regulations.

(3) The Director shall, in considering an applicationreferred to under this regulation, take into account the factorsspecified in regulation 6 of these regulations.

(4) Where the Director renews a permit he or she maysubject to these regulations, renew such permit on such termsand conditions, as he or she may determine.

491

Renewal ofwaterpermits.

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Appeal. 9. (1) A person who is dissatisfied or aggrieved by adecision of the Director in connection with the grant orrenewal of a permit may, within one month from the date onwhich the Director's decision is communicated to him, appeal,in writing, to the Minister against the decision of the Director.

(2) The Minister shall, within twenty one days of receiptof the appeal, consider and determine the appeal or refer theappeal to the Committee.

(3) Where an appeal is referred to the Committee undersubregulation (2) of this regulation, the Committee shall considerthe appeal and make written recommendation to the Ministerwithin one month from the day the matter is referred to it by theMinister.

(4) The Minister shall, after receiving the recommenda­tions of the Committee. consider and determine the matter withinseven days from the date of receipt of the recommendations.

(5) In the determination under subregulation (4) of thisregulation, the Minister shall take into account the recommenda­tions of the Committee.

Registra­lions (IC.

10. (1) This regulation shall apply to the following persons,

(a) any person who occupies land, on or adjacent to which,

(i) there is a motorized water pump which,whether temporarily or permanently, pumpswater from a borehole or waterway;

(ii) there is weir, dam, tank or other work capableof diverting or impounding an inflow ofmore than 400 cubic meters in any period of24 hours;

(iii) there are works for non-consumptive uses.

492

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(b) public authorities or any water supply authority orsewerage authority which operate works capableof diverting, impounding or using more than 400cubic meters of water within a period of 24 hours;

(c) such other persons as the Minister may, by noticepublished in the Gazette, declare.

(2) A person who, at the commencement of these regu­lations,

(a) occupies land; and

(b) owns, occupies, operates, controls any works on landreferred to in subregulation 0) of these regulations;

shall register the works and the use of water with the Director.

(3) A person referred to in subregulation (2) of thisregulation shall, in order to be registered, apply to the Directorand the application shall be in the form specified in the FirstSchedule to these regulations and shall be accompanied by anapplication fee specified in the Second Schedule to these regu­lations.

(4) The Director shall, where he receives an applicationwithin twelve months from the date of coming into force of theseregulations and subject to subregulation (5), register the applica­tion and thereafter grant to the applicant a water permit.

(5) The Director may,

(a) require an applicant to prepare and submit plans orother information to support the application madeunder this regulation;

(b) in person or by a person duly authorised by him enterany land and carry out any investigations that arenecessary to process the application;

(c) after the provisions of this regulation are compliedwith, grant the water permit on such conditions asare necessary.

493

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Vacationfrom Office.

Duties ofDeputyChairman.

AddinonalIunctionsof tileCommitree.

PART III-WATER POLICY COMMITTEE.

11. The office of a member of the Committee appointunder paragraphs (g), (h) and (j) of subsection (1) of section 9the Statute shall fall vacant if,

(a) the member resigns 10 writing addressed to tJMinister;

(b) the member is unable to perform the functions of hor her office by reason of infirmity of body (mind;

(c) the member is otherwise unable or unfit to perforrthe functions of his or her office;

(d) the member is insolvent or bankrupt; or

(e) the member is convicted of an offence involvingfraud or dishonesty.

12. (I) Whenever the Chairman is absent or is unable forany reason to attend any meeting of the Committee, the DeputyChairman shall preside over the meeting.

(2) While the Deputy Chairman is acting as Chairman ofthe Committee he or she shall exercise all the powers and performthe duties of the Chairman.

13. The Committee shall, in addition to the functions con­ferred on it under the Statute, perform the following functions,

(a) to. co-ordinate the formulation of national policiesrelating to international water resources;

(b) to liaise with international regional water resourcesorganisations;

(c) to co-ordinate the preparation of and keep underreview plans and projects which may in any wayaffect international water resources;

494

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(d) to initiate and co-ordinate, in consultation with theNational Environment Management Authority, thepreparation, implementation and revision of,

(i) national water resources policy;

(ii) national priorities for the use of water andrelated land resources;

(iii) the Water Action Plan;

(e) to co-ordinate the preparation of and keep underreview, plans and projects which may affectnational water resources whether undertaken byGovernment agencies, donors or private developers,to ensure that those plans and projects are consistentwith the policies, priorities and Water Action Planreferred to in subparagraph (iii) of paragraph (d);

(f) to co-ordinate and monitor the assessment ofUganda's available water resources;

(g) to liaise with the National EnvironmentalManagement Authority and other governmentauthorities concerning policies, guidelines, stan­dards, monitoring and data relating to waterresources;

(h) to make recommendations to the Minister in relationto the publication of notices under subsection (1)of section 8 of the Statute, particularly during timesof shortages or anticipated shortage of water;

(i) to co-ordinate the preparation of and keep underreview, national water quality standards;

(j) to mediate and resolve any conflicts between publicauthorities with respect to water resources.

495

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Sub­committeesof theCommittee.

Proceedingsof tileCommittee.

14. (1) The Committee may appoint a sub-committee toadvise it on technical matters.

(2) A sub-committee appointed under subregulation (1)may consist of members of the Committee.

(3) In appointing members to the sub-committee, theCommittee shall ensure that al1 relevant stake-holders have anopportunity to contribute to significant decisions relating towater policy.

(4) The Committee shan, in identifying the relevantstake-holders for appointment to the sub-committee, considerwhether there is need to obtain contributions from,

(a) the Ministry responsible for;

(i) local government;

(ii) foreign affairs;

(iii) health;

(iv) works and transport;

(v) meteorology;

(vi) geological survey and mines;

(vii) hydropower;

(viii) veterinary services;

(ix) forestry.

(b) non-governmental organisation; or

(c) any other interest group.

15. (l) Meetings of the Committee shall, subject to thisregulation, be held at such times and places as the Committeemay determine and in any case not less than twice a year.

(2) The Chairman may, at any time, for the purpose ofdealing with any appeal referred to theCommittee andon a requestby at least five members, convene a meeting of the Committee.

496

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(3) Seven members shall form a quorum at a meeting ofthe Committee and for the purpose of hearing an appeal fivemembers shall form a quorum.

(4) Any question arising at a meeting of the Committeeor at a hearing of an appeal shall be determined by consensus.

(5) Where the consensus is not possible as required bysubregulation (4) the question shall be determined by majority ofvotes of members present and voting, and in the event of equalityof votes the person presiding shall have a casting vote.

(6) The Committee may invite any person to any of itsmeetings but the person so invited shall not have a voting right.

(7) Subject to these regulations, the Committee mayregulate its own procedure.

PART IV-DRILLING AND CONSTRUCTION PERMITS.

16. (l) A person who wishes to engage in the business ofconstructing boreholes to enable people obtain water shall applyto the Director for a drilling permit in the format set out in FormE of the Sixth Schedule.

(2) A person who wishes to engage a driller under sub­regulation (I) to construct a borehole on his or her land for thepurpose of,

(a) using water;

(b) re-charging an aquifer; or

(c) fitting a motorised pump to a borehole;

may apply to the Director for a construction permit in Form FIof the Sixth Schedule.

(3) A person who wishes to construct any works for thepurpose of,

497

Drillingpermit, ere.

Constructionpermit.

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Classifica­tion of bore­holes. etc.

Factors 10

be takeninto accountwhenconsideringanapplication.

(a) impounding, damming, diverting or conveying anysurface water, whether or not on or adjacent to awaterway; or

(b) draining any land to fit any motorized pump to suchworks;

may apply to the Director for a construction permit in Form F1of the Sixth Schedule.

(4) An application referred to under subregulation (1), (2) or(3) shall be accompanied by the appropriate application feespecified in the Second Schedule to these regulations.

17. The Director may, by notice published in the Gazette,declare any class of boreholes or class of works to be a class towhich the provisions of sub-regulation (2) or (3) of regulation 16does not apply.

18. (I) The Director or a person authorised, in writing, bythe Director may,

(a) enter and inspect any land or equipment, in connectionwith the application;

(b) require an applicant to provide such further informa­tion as is considered appropriate;

(c) require an applicant, at his or her cost, to give publicnotice of the application in such manner as theDirector may specify;

(d) require the applicant to invite submissions on theapplication, in the notice given under paragraph(c) of this subregulation within a specified period.

(2) The Director shall, before approving the applicationunder regulation 16, have regard or take into account, amongother things,

498

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(a) whether the applicant has adequate equipment which isill good condition to enable such applicant undertakethe work in respect of which the application is made;

(b) whether the applicant has at least two employees on apermanent basis who possess technical qualificationswhich are necessary for the applicant to undertakethe work in respect of which the application is made;

(c) the previous experience of the applicant with respectto similar work;

(d) the professional reputation of the applicant;

(eJ the results of any inspection carried out under theprovisions of paragraph (a) of subregulation (I) ofthis regulation.

(3) The Director may, after the provisions of subregula­tions (I) and (2) of this regulation have been complied with,approve the application.

19. (I) The Director shall, after approving the applicationunder subregulation (3) of regulation 18grant a drilling permit orconstruction permit for a period of one year.

(2) The permit referred to under subregulation (I) of thisregulation shall in Form F2 or F3 as set out in the Sixth Scheduleand be issued on such conditions as the Committee may specify.

(3) In addition to the provisions of subregulation (2) ofthis regulation a holder of a drilling permit shall comply with theprovisions of regulation 22 of these regulations and any boreholeconstruction specifications specified by the Director.

(4) In addition to the provisions of subregulation (2) theholder of a construction permit shall comply with regulation 23and any construction specifications for the types of-structuresspecified by the Director.

499

Grant ofpermit tIC.

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be

thethe

to

pt

n

the

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(b) within fourteen days after the Ist day of March, June,September and December, in each year, providethe Director with a record of all the work that hasbeen undertaken under the drilling permit duringthe preceding three months, which record shall bein such form and contain such information as theDirector may specify;

(c) within ninety days of completion of any boreholeprovide the Director with a borehole completionreport, which report shall be in such form as rheDirector may determine and contain the informa­tion specified in the Seventh Schedule to theseregulations.

(2) The Director shall not issue a water permit underregulation 3 to extract water from any borehole until a boreholereport in respect to that borehole is provided to the Director.

(3) No person shall attach a motorised pump to a bore­hole constructed after the commencement of these regulationsunless he or she has obtained a permit under regulation 16 ofthese regulations for the use of water from that borehole.

23. (I) A holder of a construction permit shall, within ninetydays of completion of any works, provide the Director with aconstruction completion report in respect of those works whichreport shall,

(a) be in a form specified, in writing, by the Director;

(b) include plans and drawings of all works as constructed;and

(c) contain such other information as the Director may,in writing, specify or require.

501

Extraconditionsattached toconstructionpermit.

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Access todata andplans.

Easements.

(2) The Director shall not issue a water permit to direct,impound, store or use any water in or from works in respect ofwhich a construction permit is required unless a constructioncompletion report is provided to the Director as provided undersubregulation (I) of this regulation.

(3) After the commencement of these regulations, noperson shall direct, impound, store, conveyor use any water, orattach any motorised pump to any works in respect of which aconstruction permit is required unless a permit for that purposehas been issued first under the provisions of these regulations.

24. (l) The holder of a drilling permit or construction permitand plans shall, at all reasonable times, allow a person authorised,in writing, by Director to do all or any of the following:

(a) inspect any borehole constructed or being constructedunder a permit issued under this Part;

(b) inspect any construction works carried out or beingcarried out under a permit issued under this Part;

(c) inspect and take copies of any plans or drawings ofthe works;

(d) inspect and take copies of any written journal kept inaccordance with paragraph (a) of this subregulation.

(2) A person who obstructs or refuses the Director or aperson authorised by the Director to carry out any of the dutiesspecified in subregulation (I) of this regulation commits anoffence and is liable, on conviction, to the penalty specified insection 40 or 104 of the Statute.

PART V-MISCELLANEOUS.

25. (1) An application for an easement under section 36 ofthe Statute shall be in Form G in the Eighth Schedule to theseregulations and shall be accompanied by the appropriate appli­cation fee specified in the Second Schedule to these regulations.

502

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(2) The Director shall, within fourteen days of receipt ofthe application, give written notice of the application to any per­son who has an interest in the land over which the easement isbeing sought.

(3) The Director shall. in the notice referred to undersubregulation (2) of this regulation, invite the affected person to,

(0) inspect the application at the Director's office;

(b) make any objection or written submission to theDirector within one month on receipt of the notice;

(c) indicate whether he or she wishes to be heard in personby the Director.

(4) The Director may, on hearing any objection underparagraph (b) or submission under paragraph (c) of subregulation(3) grant a Certificate of Easement in Form G2 of the EighthSchedule.

26. (l) A person referred to in regulation 3 or 10 shall paythe relevant annual water charge specified in the SecondSchedule to these regulations.

(2) A person shall pay the water charge referred to insubregulation (1) of this regulation whether or not that person isa registered user of water under regulation 10 of these regula­tions, or has been granted a permit under regulation 3 of theseregulations.

(3) The Director may, wherever,

(0) the amount of water used by a person referred to inregulation 10 of these regulations has not beenmeasured;

(b) any device used to measure the amount of water usedby a person referred to in regulation 10 has failedto measure the amount of water used accuratelyfor all or any part of the preceding year;

503

W:uercharges.

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R.egtster.

Offencesand pcnaIty.

estimate the amount of water used by that person in the year anethat person shall pay the relevant annual charge specified in theSecond Schedule to these regulations.

(4) The Director may specify,

(a) any date or dates by which an amount of charge dueunder this regulation shall be paid;

(b) that any amount of charge payable under this regula­tion may be paid in instalments.

(5) A person who contravenes the provisions of subreg­ulation (1) or (2) or this regulation commits an offence and isliable, on conviction, to the penalty specified in section 40 or 10L1of the Statute.

27. (1) The Director shall keep a register of any works anduses of water registered under these regulations.

(2) The register shall contain the information set out inthe Seventh Schedule to these regulations and any other infor­mation which the Director may consider appropriate.

(3) The Director may revise the register,

(a) to take into account any change in the ownership oroccupation of land;

(b) to correct any error; or

(c) to take into account any surrender, cancellation,variation, or alteration of any permit.

(4) Subject to this regulation, the Director may keep theregister in such forms as the Director considers appropriate.

28. (1) A person who contravenes the provisions of regulation22, 23, 24, 26 and 28 of these regulations commits an offenceand is liable, on conviction to the penalty specified in section40 or 104 of the Statute.

504

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(2) No person shall,

(a) contravene any condition attached to a water permitissued under regulation 3 or 10 of these regula­tions:

(b) construct a borehole or fit a motorised pump on a bore­hole except in accordance with a drilling permit:

(c) contravene any condition attached to a drilling permit;

(d) carry out any construction works except in accordancewith the construction permit;

(e) contravene any condition attached to a constructionpermit:

(fJ if his or her drilling permit has been cancelled underthese regulations, construct a borehole or fit anypump to a borehole except in accordance with anew drilling permit;

(g) if his or her construction permit has been cancelledunder these regulations, construct any works or fitany motorised pump, except in accordance with anew construction permit.

(3) A person who contravenes any provision of sub­regulation (2) of this regulation commits an offence and isliable, on conviction, to the penalty specified in section 40 or

104 of the Statute.

29. (1) Anything done, or made before the coming into forceof these regulations in relation to waste permits, drilling and con­struction permits, which acts would have been done or made underthese regulations, shall be deemed to have been done or made

under these regulations.

505

Validationand saving.

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(2) Notwithstanding subregulation (I), anything done ormade under subregulation (I), shall continue in force until termi­nated by the Director in order to bring it in conformity with theterms and conditions under these regulations.

(3) For the avoidance of any doubt, the termination undersubregulation (I) shall not release the holder of a permit from anyliability incurred and due under the permit.

506

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SCHEDULES

FIRST SCHEDULE (Regulation 3(2)(a)

THE REPUBLIC OF UGANDATHE WATER STATUTE, 1995

The Water Resources Regulations 1998 FORM A.

APPLICATION FOR A SURFACE WATER PERMIT.To be completed in triplicate (3)

Complete this form if you want to register, or to obtain a permit for,works or uses relating to surface water. Depending on what you want todo, you will also have to complete Part A, B, C, D. E, F or G.

I. NAMES AND ADDRESSES

Name of Individual/Association/CompanylPublic Authority" _

Address: _

_______________ Telephone: _

District: _

Designation: -'-- _

Acting for Company/Partnership/Cooperative Society/Corporation* _

Postal address (if different from above): _

*Delete what is not applicable.

2. LAND REQUIRING WATER

Name of land owner where the works and use of water will occur: _

Address of owner: _

Property regime of land: .

( ) Bona fide occupants ( ) Mailo () Customary ( ) Leasehold

( ) Freehold

if lease hold, indicate: volume Folio No. _

if mailo or leasehold indicate: Block PIal No. _

Location of land where works and use of water will occur: _

District: Area of that land (in Hectares)

County: Sub-county: _

Parish: Village: _

507

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3. SOURCE OF WATER

Select the source of water to be diverted, stored or used:

) Dam

) Dry river b<

) River

) Stream

) Swamp

) Lake

) Lagoon

) Wetland

) Channel

) Ditch

) Other: _

Common name of the source of water: _

Specific point where the waterwill be diverted, stored or used: _

Side of the water uptake (when applicable): () Right Bank () Left BankDistrict where the water uptake is located (when applicable): _

(Attach a topographic map I :50,000, indicating location of the intake works).

OFFICIAL USE ONLYBasin: Catchment: _

National Grid Reference of point of water uptake: Lat.: Long: _

4. USE OF WATER OR WORKS

lick one or more boxes as appropriate

Use or proposed use of water

) Irrigation

) Livestock

) Urban domestic

) Rural domestic

) Industrial

) Fisheries

) Services

) Power generation

) Recreational

) Other. specify

Mean Volume (cubic metres per day)

1UfAL MEAN VOLUME, _

Depending on the use of water, you will also have to complete Pan A, B. C, D. E.

F.orG.

508

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5. TECHNICAL DETAILS OF ANY DIVERSION

5.1 Gr:wity Diversion

(a) Details of canal:Width at bottom: metres. Width at full supply level: metresDepth of water at full supply level: metres. Length:

metresGradient. fall per 100m metres. Average velocitymetres per secondEstimated discharge at fully supply depth cubic metre per dayMaterials of which canal is constructed

(b) Details of pipe:Internal diametre millimetres. Length metresHydraulic gradient. fall in IOOmetres metres. Pipethickness millimetresDescription of pipe material

(c) Details of any other structures such as siphons, flumes. tunnels, etc

(d) Will any canals, pipes or structures be on another person's land? ( ) Yes ( ) NoIf so: Name of land affected:Name of its owners and occupiers:

(e) How do you propose to measure the volume of water used?(f) What type of measuring equipment will be installed?

5.2 Diversion by PumpType of pump:Centrifuge ( ) Submersible ( ) Solar ( ) Other ( ) SpecifyType of driving machine and fuel used:Brake horse power of machine: HP. Elevation of pump above sealevel metres.How will the pump be connected to driving machine?

Internal diameter of suction main: inches. Maximum height ofsuctionLength of suction pipe: millimetres.Height to which the pump will lift the water: metresInternal diameter of delivery pipe: inches. Length of deliverypipe: metresPumping hours per day: hours/day,Quantity of water to be pumped when plant is working:cubic metres per day(d) Will any canals. pipes or structures beon another person's land? ( ) Yes ( ) No

If Yes: Name of land affected:Name of its owners and occupiers:

509

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6. OTHER INFORMATION

Will the water be used in any way which could increase the silt. gravel or othersolids in the water source, or make it likely to harm people, animals. fish. crops. orgardens? () Yes ( ) No

Give details of any other water permits relating to the same land as this application:

When will you begin to use all the water applied for? _

(Attach your development plan)

For how long will you require a water permit? _

DECLARATION OF THE APPLlCANT

I certify that the information provided in this form is correct to the best of myknowledge. I also agree that no decision will be made nor action taken withrespect to this application until I recieve a notification from the Directorate ofWater Resources that I have provided all the necessary information.

Signature of applicant

Full names _

Official seal/stamp

Date: _

Note:

When you have completed this form and the appropriate parts, you must attachCASH or CHEQUE for Ushs for processing theapplica-tion and send them to:

The DirectorDirectorate of Water Resources

P.O. Box 20026Kampala

The Director may require you to advertise this application at your cost in a wayspecified by the Director.

OFFICIAL USE ONLY

RECEPTION DATE: (D) _

APPLICATION NUMBER _

510

(M) _ (Y)----

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PART A

DOMESTIC PURPOSES

ow much water will you require for each or any of the following purposes?

Mean volume ofNumber or water requireddescription (cubic metres

per day)

I. • Household and sanitary use• Number of low density houses• Number of occupants of medium

density houses• Number of occupants of high

density houses

i 2. Stock watering:• Number of large stock• Type:

• Number of small stock

• Type:

3. • Cattle:• Sheep:• Others (speci fy):• Number of animal dips:

4. Other non-industrial farming operations(please describe)

5. Total mean volume

DECLARATION OF THE APPLICANT

[ certify that the information provided in this form is correct to the best of myknowledge. I also agree that no decision will be made pursuant to this applicationnor action taken with respect (0 this application until I recieve a notification from theDirectorate of Water Resources that [ have provided all the necessary information.

Signature of applicant

Full names

Official seal/stamp

Date:

OFFICIAL USE ONLY

RECEPTION DATE: (D) _APPLICATION NUMBER

511

(M) _ (Y)----

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PARTB

PUBLIC PURPOSESI. How much water will you require for each or any of the following purposes?

Quantity required (cubic metres per day)

Present In five years time

(a) Municipal, urban or communitypurposes or supply to others inreturn for payment

(b) Any other purposes: (Specify):

(c) TOTAL water required for publicpurposes

2. If water is required for purposes mentioned in paragraph I(a), please provide thefollowing estimates:

Density Low Medium HighNumber of house Occupant Occupant

Estimated population at present

Estimated population 5 years hence

Estimated population 10 years hence

Estimated population 20 years hence

3. If water is required for purposes mentioned in paragraph itb), to what use willthe water be put? _

4. Will the applicant supply water to any other person, in return for payment?_

DECLARATION OF THE APPLICANT

I certify that the information provided in this form is correct to the best of myknowledge. I also agree that no decision will be made pursuant to this applicationnor action taken with respect to this application until I recieve a notification from theDirectorate of Water Resources that I have provided all the necessary information.

Signature oC applicant

Full names

Official seal/stamp

Date:

OFFICIAL USE ONLY

RECEPTION DATE: {D) _APPLICATION NUMBER

512

{M) _ {y)----

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PARTe

INDUSTRIAL PURPOSES

Quantity of Number of Periods duringWater required hours per day the year when(cubic metres that factory will water will be

per day) be working required

normal:--maximwn:__

(a) Stream raising, coolingand condensing water

(b) Manufacturing

(i) Process water

(ii) Effluent dilution

(c) Coffee pulping andwashing

(d) Other purposes

(e) TOTAL water requiredfor industrial purposes

(f) If water is required for (b)or (d), to what use willthe water be put?

DECLARATION OF THE APPLICANT

I certify that the information provided in this form is correct to the best of myknowledge. I also agree that no decision will be made nor action taken withrespect, to this application until I recieve a notification from the Directorate ofWater Resources that I have provided all the necessary information.

Signature of applicant

Full names

Official seal/stamp

Date:

OFFICIAL USE ONLY

RECEPTION DATE: (D) _APPLICATION NUMBER, _

513

(M) _ (Y)----

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PARTD

IRRIGATION PURPOSESPlease provide the following information:

Crop Area, Growing seasonhectares (months)

Crops to be irrigated and area of (1) to

each(2) to

(3) to

(4) to

(b) Quantity of water in cubic metres Jan April __Jul __ Oct__

per day Feb May __ Aug __ Nov__

Mar June Sep Dec

(c) What type of soil will be irrigated?

(d) Is the sub-soil permeable todrainage?

(e) Describe what drainage works willbe constructed on the irrigatedland

(f) How will you dispose of unusedwater? Name the water source towhich it will be returned.

DECLARATION OF THE APPLICANT

I certify that the information provided in this form is correct to the best of myknowledge. I also agree that no decision will be made nor action taken pursuantto this application until I recieve a notification from the Directorate of WaterResources that I have provided all the necessary information.

Signature of applicant

Full names _

Official seal/stamp

Date: _

(M) _

OFFICIAL USE ONLY

RECEPTION DATE: (D) _APPLICATION NUMBER

514

(y)----

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PART EUSE OF WATER FOR POWER GENERATION

'kase provide the following information',- ., -, , ,.

(a) Purpose for which power is required

(0) Brake horse power to be developed:

(i) Maximum: BHP

(ii) Manimum: HHP

(c) Gross fall or head available fOI power production atthe following river stages'

(i) at low stage: metres

(ii) at normal stage: metres

(iii) at high stage: metres

• tOnlv (/lIJII'rr items ii ) and iii) i( th« IU}II'e,- tn he drvcloped

.( ill excess fI( 100 HB?)

lhc net fall or head to be used 10 (h) above: metres

The water required to develop In (h) above: rn'/day

Iypc of machines to be installed:

-..Jumtx:r of machines to be Installed:

How Will water be returned to ItS source after usc __

,tate length of any return channel: metre

)ECLARATION OF THE APPLICANT

certify that the information provided in this form is correct to thc best of my.now ledge. I also agree that no decision will be made nor action taKen WIthexpect to this application until I recieve a notification from the Directorate ofVater Resources that I have provided all the necessary information.

ignature of applicant

ull names

Onidal seal/stamp

Dale:

(MJ_____ (Y) _

OFFICIAL USE ONLY

ECEPTION DATE: (DJ _PPLICATION NUMBER _

5\5

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PARTF

CONSTRUCTION OF DAM

I. Please provide the following information for all dams

(a) Nature of stream bed at site (e.g. 'sound rock', 'fissured rock', 'soil', 'sand')

(b) Nature of walls of river at site (e.g. 'sand'. 'soil');

(c) Will dam be founded on sound rock?'

(d) Will dam be founded on any material which may be eroded by underflow?:

(e) Describe type of dam (e.g. 'earth' with core wall, 'concrete', 'rnansonry')

(f) Length of crest of dam (m): Maximum height of dam (m) ___

Thickness at crest (rn): Thickness at base (rn):

(g) Estimated area of reservoir at spillway (ha);

(h) Estimated reservoir storage capacity (rn'):

(i) Will the submerged area at high flood level be on another person's land?

( ) Yes ( ) No If Yes give the name and other landowners.

U) Is either bank of the stream at the site of dam owned by another person?

( ) Yes ( ) No If Yes give the name of other landowners.

(k) Will any other works including weirs, already constructed or being constructed

be affected by the head and/or tail water level of the proposed works?

( ) Yes ( ) No If Yes give full details of the works affected.

2, If the dam exceeds 70,000 cubic metres in volume or 5 metres in height,

please provide the following infonnation about its catchment area:

(a) area of surface catchment (km 2)

(b) maximum length of catchment (km)

(c) average breadth of catchment (krn)

(d) ruling slope of catchment (fall per kilometre)

(e) nature of ground of catchment (e.g. 'rocky', 'stony soil', 'clay soil')

(f) vegetation of catchment (e.g. 'forest', 'shrub', 'pasture', 'crop')

516

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Construction of Dam-cofl[inu~d

3. Please provide the following information about means of disposing of flood waters:

Will there be by-passes or waste weirs on one or both flanks? _

(a)

(b)

Will the dam act as a weir? ( ) Yes ( ) No

(c)

(d)

(e)

(D

State the width and depth of the by-passes below the crest of the dam:

Width (m): Depth (m): _

If by-passes or waste weir (s) are to be constructed. state nature of material

in which they will be excavated _

State maximum capacity of the weir (m3/sec): _

State nature of material to be used for lining the by-passes or waste weir(s)

(g) Gradient of waste weir: _

If you propose to use some other method to dispose of flood waters. please givedetails: _

DECLARATION OF THE APPLICANT

I certify that the information provided in this form is correct to the best of myknowledge. I also agree that no decision will be made nor action taken withrespect to this application until I recieve a notification from the Directorate ofWater Resources that I have provided all the necessary information.

Signature of applicant

Full names

Official seal/stamp

Date:

OFFICIAL USE ONLY

RECEPTION DATE: (D) _APPLICATION NUMBER

517

(M) _ (Y)----I

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PARTG

OTHER PURPOSES

Describe the amount of water that you will require for any other purposes')

Mean volume ofNumber or water required

Purpose description (cubic metresper day)

I.

2.

3

".

5. Total mean volume

DECLARATION OF THE APPLICANT

I certify that the information provided in this form is correct to the best of myknowledge. I also agree that no decision will be made nor action taken withrespect to this application until I rccicvc a notification from the Directorate ofWater Resources that I have provided all the necessary information.

Signature or applicant

Full names _

Official seal/stamp.

Date: _

OFFICIAL USE ONLY

RECEPTION DATE: (D), _APPLICATION NUMBER

518

(M) _ (Y)'----I

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(Regulation 3(2)((;)FIRST SCHEDULETHE REPUBLIC OF UGANDA

THE WATER STATUTE, 1995The Water Resources Regulations 1998

FORM B.APPLICATION FOR A GROUNDWATER PERMIT.

To be completed in triplicate (3)

rnplete this form if you want to register, or to obtain a permit for, aehole or use of groundwater. If you are applying for a permit to useter from a borehole, you must attach the borehole completion reportthat borehole (Sixth Schedule).

NAMES AND ADDRESSES

ime of IndividuaUAssocialion/CompanylPublic Authority" _

idress: _

______________ Telephone: _-signauon: _

ling for Company/Partnership/Cooperative Society/Corporation" _strict: _

stal address (if different from above): _

dele what is not applicable.

LAND REQUIRING WATER

me of land owner where borehole is constructed and water will be used _

( ) Leasehold

dress of owner: _

iperty regime of land:

Bona fide occupants ( ) Mailo () Customary

FreeholdIf lease hold. indicate: folio No. _

If mailo or leasehold indicate: Block Plot No. _

.ation of land where the borehole is or will be: _

.trict: Area of that land (in Hectares)unty: Sub-county: _

ish; Village:

;OURCE OF WATER

ect the source of a water as appropriate:

! Borehole ( ) Dug wellI Other, specify:

( ) Spring

519

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4. DE fAilS OF THE BOREHOLE

Date drilled:. _

Diameter: _

Linning/Casings: _

Driller: _

Depth: _

Test Yield: _

Lat.:__

OFFICIAL USE ONLYBasin: Aquifer: _

National Grid Reference of point of water uptake: long:

5. USE OF WATER OR WORKS

lick one or more boxes as appropriate

Use or proposed use of water( ) Irrigation( ) Livestock

( ) Urban domestic( ) Rural domestic( ) Industrial( ) Fisheries( ) Services( ) Power generation( ) Recreational( ) Other. specify

Mean Volume (cubic metres per day)

TOTAL MEAN VOLUME

6. CONSTRUCfION DETAILS

Type of pump:( ) SolarSubmersible( ) Centrifuge

( ) Other. specify _

Type of driving machine and fuel used: _

Brake horse power of machine: HP. Elevation of pump above sea

level metres.

How is pump connected to driving machine? _

Internal diameter of suction main: inches. Maximum height ofsuction (metres)Height to which water is to be lifted above pump: metres

Length of delivery pipe: metres. Pumping hours per day hours! day

Quantity of water to be pumped when plant is working: cubicmetres per day

How do you propose to measure the volume or water used? _

520

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'HER INFORMATION

( alternative sources of water does the applicant have":( ) Surface water ( ) Urban water supply ( ) Rural water supply( ) Other. specify _

ringboreholes within one kilometres of the site to which this appJicanr refers arc:

( ) None ( ) Available

Distance from siteName of farm

If available. How many? _

hole number (if known):

ich a sketch map. on a scale not less than 1:25.000. showing land boundaries.ipproximate position of the proposed borehole. existing boreholes within onemetre of the proposed boreholes and any source of surface water)

how long will you require a water permit'! _e source of water located in an area of gazetted water authority: ( ) No ( ) Yesre of water authority

'::LARATION OF THE APPLICANT

rtify that the information provided in this form is correct to the best of mywledge. I also agree that no decision will be made nor action taken with-ect to this application until I rccievc a notification from the Directorate ofer Resources that I have provided all the necessary information.

nature of applicant Official seal/stamp

, names Date: _

TEen you have completed this form and the appropriate attachments. you mustch CASH or CHEQUE for Ushs for processing thelication and send them 10:

The DrectorDirectorate of Water ResourcesP.O. Box 20026Kampala

: Director may require you to advertise this application at your cost in a waycified by the Director. Attach a copy of the borehole completion report.

(M) _

OFFICIAL USE ONLY

CEPT10N DATE: (D) _PLICATION NUMBER

(Y)----

521

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SECOND SCHEDULE [Regulation 3(2)(b). 8(3)J

THE REPUBLIC OF UGANDATHE WATER STATUTE. 1995

(Statute No.9 of 1995)The Water Resources Regulations. 1998

FEES AND CHARGES (Regulations 10(3). 16(4).26(3))

FEES AMOUNT (USHS)

l. For processing application for:

(a) registration of existing works or usc 100.000==(b) a water permit 450.000==(c) renewal of a water permit 50.000==

(d) an easement 100.000==(e) drilling permit 500.000==

(0 a construction permit 500.000==(g) renewing a drilling permit 500.000=

(h) renewing a construction permit 500.000==

ANNUAL CHARGES AMOUNT (USHS)

I. For laking and using water under a water permit

(a) up 10 400 cubic metres per day 200.000==

(b) more than 400 cubic metres per day but less

than 1000 cubic metres per day 1.000.000==

(c) \000 cubic metres per day or more 3,000,000=

2. For operating any works which impound water for

non-consumptive uses e.g. for hydropower of

10-50megawatts 1.000.000=

50-100 megawatts 5.000.000=over 100megawatts 20,000,000=

522

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TI IIRD SCHEDULETHE REPUBLIC OF UGANDA

THE WATER STATUTE, 1995(Statute No.9 of /995)

The Water Resources Regulations. 1998

Regulation 3(2) (c)

BOREHOLE COMPLETION REPORTTo be completed ill triplicate (3)

WATER POINT INFORMATION

I. lDENTIFlC\TION AND LOCATION DATA

Type of water point: Borehole: Dug well:__ Augeredldrilled shallow

well:__ Protected spring: _

Identification: National 1.0. No. Project 1.0. No. _

Location: Longitude E: Latidude: N/S: Altitude: _

District: County: Sub-county: _

Parish: Village: Water point: _

Water point ownership: Private: Communal: _

Institutional: _

Waterpoint use: Domestic Irrigation: Livestock: _

Industrial: _

Waterpoint abondoned: Low yield: water quality: _

Technical: _

2. SITE SELECTION DATA

Site by: Name: Title: _

Method of site selection: Topographic maps: Resistivity: _

Electromagnetic: VLF: _

Other (specify): None: _

Attaeh site selection results

523

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3. CONSTRUCTION DATA

Constructed by: Name: Title: _

Method of construction: Air rotary Cable tool: _Mud rotary: Augered: _Dug: Other (specify): _

Date for completion of construction: day. month. year: _

Total depth of borehole/well at dale of completion (rn): _

Borehole/well diameter: mm: From: To: _mm: From: To: _mm: From: To: _mm: From: To: _

Permanent casing/well ring diameter: mm: Length (rn): _Permanent casing/well ring diameter: PVC: Mild steel: _

Concrete: Bricks: _Other: _

Bottom of casing/well lining: (m.b.g.!.): _Borehole sealing: None: Cement: _

Bentonite: Other: _

Filter slot size & intervals: mm: From: To: _mm: From: To: _mm: From: To: _

Development of borehole filters: Gravel pack: Natural dev. _Well development: Duration (hrs): _

Method of development: Air lift: Bailed: Compressedair Other (specify): _

Spring. height x width (m): H: x W: _No. of spring outlets: _

4. INSTALLATION DATA

Type of pump installation: Submersible pump: Centrifugal pump: _Handpump: Bucket: _

Date of pump installation: day/month/year: _

Name of pump: Pump capacity: m3/h

Pump installation/intake depth: m.b.g.!.

Riser pipe material: Galvanised iron: Stainless steel: PVC: __

Riser pipe diameter: mm

Pumping rod material: Galvanised iron: Stainless steel: Wire: __

Pumping rod diameter: mm

524

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5. GEOLOGICAL AND HYDROGEOLOGICAL DATA

Depth to bedlock: m.b.g.!.: _Overall geological setting: _

Lithology: From: To: Description: _(m.b.g.h.) From: To:. _

From: To:. _From: To: _From: To: _

From: To: _

Acquifer depth (top of aquifer), type and yield:Depth (m.b.g.!.): Overburden:__ Yield m3/h_

Depth (m.b.g.!.): Bedrock: Yield m3/h_

6. HYDROCHEMICAL DATA

Date of sampling: day/month/year:

Sampling method: pumping: Air-lift sampling: Bucket:

Sample preservation: None: Acid: --- Other:

For pump and air-lift samples: Discharge before sampling (litre):

Samples analysed: Name: Title: Organisation:

Parameter Unit Result Date FieldlLab

Turbidity Fl1J

Temp. (time of SMnplinC) ·cCunductivity uS/em

pH ...

TOl .lk.ahnuy (caCO,) mgll

Hardne.ss (C.CO,) mgll

Calcium (C.") mgll

Magnesium (Mg") mgll

Sodium (1'1., mgll

Pow.sium (KI mgll

Car1>onatl: (CO,') mgll

Bicarbonate (HCO,) mgll

Sulphate (SO.') mgll

Chloride (01 msJI

NitnJe (NO,) mgll

AmmOftlum (NH,1 msJI

To<. Iron (f<" ...f<'1 msJI

MllIlanese (Mn 0) mJII

Auoride(F) mJII

free Camandioxid< (ar) mJII

free Carbonmonoxid<(CO) mJII

To<. dissoI'ICd solids mJII

Fooca1 coli ncllOOml

525

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7. YIELD TEST, FLOW AND WATER LEVEL DATA

Test carried out by: Name: Title: _

Date of test: day/month/year: Duration of test: hrsType of test: step pump test: Constant discharge: Air lift test:Natural flow: _

Discharge (yield) during testing: mJ/hStatic water level (m.b.gl.): Date (day/month/year)Pumping water level (rn.b.g.l.): Drawn down (rn.b.g.l.): _

Transmissivity: m3/day Specific capacity: m3/h/m

Hydrofracturing? YIN: If Y: day/month/year: _

Attach pump test results.

8. ornER INFORMATION (includeinformation not catered for in the abovesections)

9. DETAILS OF ORGANISATION SUBMITTING DATA

Name: _Address: _

Telephone No: Fax No: _

Name of responsible officer: Title: _Signature: _

Date of data submission: _

Stamp of organisation

526

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FOURTH SCHEDULETHE REPUBLIC OF UGANDA

THE WATER STATUTE, 1995(Statute No.9 of /995)

The Water Resources Regulations, 1998

WATER PERMIT (SURFACE WATER)

(Regulation 7)

FORM C1.

Permit No. _

Name and Address _

You are hereby granted a permit in respect of extraction of surface water using the

following methods:

Purposes for which the water will be used:

Location of point of extraction (District. County. Sub-county. Parish, Village):

This permit shall be valid from (date) 10 (dare) _

In addition to the conditions specified in the Statute and any other law in force. this

permit is subject to the following conditions:

(a) the permit is granted for J period not exceeding years.

(b) the maximum amount of water which may be taken is m.1/day.(c) annual charges. Ushs. _

(d) the protection or control of in-stream uses of water of cubic metres

per second.

iC) the installation and use of measuring devices or pumps; andit) _

Date: _

Signature

JfficiaI Stamp

NameDirector of Wafer Resources

527

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FOURTH SCHEDULETHE REPUBLIC OF UGANDA

THE WATER STATUTE, 1995(Statute No.9 of 1995)

The Water Resources Regulations. 1998

WATER PERMIT (GROUNDWATER)To be completed in triplicate (3)

(Regulation 7)

FORM C2.

Permit No. _

Name and Address _

You are hereby granted a permit in respect of extraction of ground water using the

following equipment:

Purposes for which the water will be used:

Location of point of extraction (District. County. Sub-county, Parish, Village):

This permit shall be valid from (date) to (date) _

In addition to the conditions specified in the Statute and any other law in force, this

permit is subject to the following conditions:

(a) the pennit is granted for a period not exceeding years.

(b) the maximum amount of water which may be taken is m3/day.

(c) annual charges. Ushs. _

(d) the protection of the acquifer.

(e) the installation and use of measuring devices or pumps: and(f) --

Date: _

Signature

Official Stamp

NameDirector of Water Resources

528

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Regulation 7(4)FIFrH SCHEDULETHE REPUBLIC OF UGANDA

THE WATER STATUTE, 1995(Statute No.9 of 1995)

The Water Resources Regulations, 1998FORM D.

REGISTRATION OF TRANSFER OF WATER PERMIT

'10TE: This [orm should be used to register the transfer of a water permit for anexisting abstraction to the new owner of the premises to which it applies. Ifthe use is to change in any way a new permit must be obtained before thechanges can be implemented.

Please complete the relevant sections of this form in triplicate (3) IN BLOCKLEITERS and return to the Director within 21 days of the transfer.

[!We hereby notify the authority that the water permit, Reference No .

was transfered 10 the new holder on .(insert dale)

Signature of New Holder. _ Dale .

Signed on behalf of. .

I. NAMES AND ADDRESSES OF NEW HOLDER (or their Agent)

Name of CompanylPannershiplPublic CorporationlNGO/Cooperative Society* __

Address: ________________ Telephone: _Designation: _

Acting for CompanylPannershiplPublic CorporalionINGO/Cooperative Society*_Postal address (if different from above): _District: _

Main Activity: _

•Delete what is not applicable.

2. REASONS FOR TRANSFER

Please give your reasons for transferring this permit to other persons or company

529

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DECLARATION OF THE APPLICANT

IIWe* certify that the information provided in this form is complete and correct tothe best of my/our* knowledge.

Signature of applicant Official seal/stamp

Names in full ____________Date: _

When you have completed this form, you must return It to the Director of Water

Resources, P.O. Box 20026, Kampala together with any attachments indicatedabove:

NOTE:

The Director may require:

Further informationTo discuss the transfer with you

before making a determination as to whether the proposed transfer is acceptable.

OFFICIAL USE ONLY

RECEPTION DATE: (0) (M) (Y) _

APPLICATION NUMBER _

Official Stamp and Signature:

530

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SIXTH SCHEDULETHE REPUBLIC OF UGANDA

THE WATER STATUTE. 1995The Water Resources Regulations. 1998

Regulation 16 (4)

FORM E.

Citizenship

DRILLING PERMITTo be completed in triplicate (3)

omplete this form if you want to apply for a drilling permit, Be sureprovide all the information described in parts A, B, and C, using as

any sheets as necessary.

NAMES AND ADDRESSES

-larne of CompanylPannershiplPublic CorporationINGO/Cooperative Society"__

xddress: _

_______________ Telephone: _)esignation: _

\cting for CompanylPartnershiplPublic CorporationlNGO/Cooperative Society" _'ostal address (if different from above): _)istrict: _

vlain Activity: _

'Delete what is nul applicable.

2. COMPANYIPUBLIC CORPORATION/CO-OPERATIVE SOCfETYI NGOIPARTNERSHIP INFORMATION

Date of Registration: _

Trading Licence Investment NumberlInvestment Licence No.: _Date of Issue: _TIN No.: _

List the full names and citizenship of each Director:

Names(1) _

(2) _(3) _

(4)

3. BANKERS

Please provide the name and address of your firm's bankers

Name Address

531

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4. REFEREES

Please provide the names and addresses of two referees who can comment on thecharacter. competence and reputation of yourself and your finn:

Name

1. _

2. _

Address Telephone

You must provide all the information contained on Parts A. B. and C.

DECLARATION OF THE APPLICANT

I certify that the information provided in this form is correct to the best of myknowledge. I also agree that no decision will be made nor action taken withrespect to this application until I recieve a notification from the Directorate ofWater Resources that I have provided all the necessary information,

Signature of applicant

Full names _

Official seaVstamp

Dale: _

NaTEWhen you have completed this form and the appropriate attachments. you mustattach CASH or CHEQUE for Ushs for processing theapplication and send them to:

The DirectorDirectorate of Water ResourcesP.O. Box 20026Kampala

The Director may require you to advertise this application at your cost in a wayspecified by the Director,

OFFICIAL USE ONLY

RECEPTION DATE: (D) _APPLICATION NUMBER _

532

(M) _ (Y)----

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lease provide the following information on separate sheets. Each sheet shall

e signed and dated.

EQUIPMENT

(a) Give the following details on at least 3 of the Drilling Rigs possessed: Make,vtodel, Age (years), Last overhaul, Rated Capacity. Truck/trailer mounted, Yearswith company. Mast Capacity (Kgs), Draw Works Capacity (Kgs), Drill pipediametre, Drill collar diametre, Drill collar weight, Foam/Water Injection, Mudcirculation,

.b) Give the following details on at least 3 of the Compressors possessed: Make.Model, Age (years). Last overhaul. Rated capacity (cfrn), Rated pressure (bar).Rig/truck/trailer mounted, Years with company.

c) Give the following details on at least 3 Test Pumping Equipment: Make, Model,Age (years). Last overhaul. Lift capacity (kgs). Rising main diametre, Diametresubmersible pump. Capacity submersible pump. Power source, Rig/truck/mounted.Years with company.

d) Specify Make. Type, Rising and Nos on the following miscellaneous equip­:nent: Air hammers. Drilling bits. Mud pumps, Generators. Well developmentequipment, Cemmenting tools. Fishing. tools. Water level dippers. Conductivitymeters, Radio communication equipment.

e) Give the following details on the vehicles possessed (6 maximum): Make,vlodel. Age (years). Last overhaul, 4WD (yes/no). Loading capacity, years withcompany.

OFFICIAL USE ONLY

tECEPTION DATE: (D) _

~PPLICATION NUMBER

533

(M) _ (Y)----

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PART A

APPLICATION FOR A DRILLING PERMITTo be completed in triplicate (3)

Please provide information about the contractor's experience as follows:

CONTRACTOR'S EXPERIENCE

CLIENT YEARS TECHNIQUE NO.BHSAVERAGE

DEPTH

Signed by Managing Director as true and accurate account of the Company'sdrilling experience:

Date: .................................... Signed: .......................................

Names in full: ................................

OFFICIAL USE ONLY

RECEPTION DATE: (D) _APPLICATION NUMBER

(M) _ (y)----

Please provide the following information about the Drilling

534

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PARTB

Superintendent, Driller (I) and Driller (2) as appropriate and as shownon the next table. All three formats must be signed by the DrillingSuperintendent as an accurate account of his drilling experience.

DRILLING SUPERINTENDENT

Name:

Age:

I Years of drilling experience - Total: with Company:i

Details of drilling experience:

CLIENT POSITION TECHNIQUE NO. BHS DEPTH

I

Signed by Drilling Superintendent as an accurate account of his/her drillingexperience:

Date: .................................... Signed: .......................................

Names in full: ................................

OFFICIAL USE ONLY

~ECEPTION DATE: (0) _,PPLICATION NUMBER

535

(M) _ (Y)----

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PARTe

DRILLER (1)

Name:

Age:

Years of drilling experience - Total: with Company:

Details of drilling experience:

CLIENT POSITION TECHNIQUE NO. BHS DEPTH

Signed by Driller (I) as an accurate account of his/her drilling experience:

Date: .................................... Signed: .......................................

Names in full: ................................

Witnessed by Drilling Superintendent .................................................

OFFICIAL USEONLY

RECEPTION DATE: (D) _APPLICATION NUMBER _

Official Stamp and Signature:

536

(M) _ (Y)----I

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DRILLER(2)

Name:

Age:

Years of drilling experience - Total: with Company:

Details of drilling experience:

CLIENT POSITION TECHNIQUE NO.BHS DEPTH

Signed by Driller (2) as an accurate account of his/her dri lling experience:

Date: .................................... Signed: .......................................

Names in full: ................................

Witnessed by Drilling Superintendent .................................................

OFFICIAL USEONLY

RECEPTION DATE: {D) _

APPLICATION NUMBER _

OfficialStamp aDd Sicnalu~:

537

{M) _ {Y)----

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Regulation 16 (2)SIXTH SCHEDULETHE REPUBLIC OF UGANDA

THE WATER STATUTE, 1995The Water Resources Regulations, 1998

FORM Fl.APPLICATION FOR A CONSTRUCTION PERMIT

To be completed in triplicate (3)

1. NAMES AND ADDRESSES

Names of Company/Cooperative Sociery/Publilc Corporation/Partnership" _

Address: _________________ Telephone: _Designation: _

Acting for Company/Partnership/Public CorporationlNGO/Cooperative Society*_Postal address (if different from above): _District: _Main Activity: _

"Delete ....hat is nor applicable.

2. COMPANY/CO-OPERATIVE SOCIETYIPUBLlC CORPORATION/PARTNERSHIP NAME

Will you work for a company under your permit? () Yes () No

If Yes. please give the name, address, registered number and trading licence of thatcompany:Name: _Address: _

Date of registration: _

Trading Licence No: _

3. EQUIPMENT

List the relevant construction equipment and vehicles possessed by you or youremployer. Attach an extra sheet of paper if necessary.

4. STAFF

Give brief details of the name, age, relevant qualifications and experience of anypeople employed by you or the company, who will work on construction under thepermit.

538

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5. YOUR EXPERIENCE

What formal qualifications do you have to undertake a construction work:?___

Give details of any previous construction permit which you have held:

Give the following details about any construction work you have previouslyundertaken:Client name:

Description of work:

Date of work:

6. FURTHER RELEVANT INFORMATION

Attach any other relevant information to the one already specified

DECLARATION OF THE APPLICANT

I certify that the information provided in this form is correct to the best of myknowledge. I also agree that no decision will be made nor action taken withrespect to this application until I recieve a notification from the Directorate ofWater Resources that I have provided all the necessary infonnation.

Signature or applicant

Full names

Official seal/stamp

Date:

NOTE

When you have completed this form and the appropriate attachments, you mustattach CASH or CHEQUE for Ushs for processing theapplication and send them to;

The DirectorDirectorate of Water ResourcesP.O. Box 20026Kampala

The Director may require you to advertise this application at your cost in a wayspecified by the Director.

OFFICIAL USE ONLY

RECEPTION DATE: (D) _APPLICATION NUMBER

539

(M) _ (y)----

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Regulation 19 (1) (2)SIXTH SCHEDULETHE REPUBLIC OF UGANDA

THE WATER STATUTE. 1995The Water Resources Regulations. 1998

FORM F2.DRILLING PERMIT

To be compLeted in triplicate (3)

Permit No. _

Name and Address _

You are hereby authorised to operate the business of constructing boreholes in the

following districts of Uganda:

This permit shall be valid from (date) to (date) _

In addition to the conditions specified in regulations 21 and 22. this permit is subject

to the following conditions:

1._-----------------------2. _

3. _

4. _

5. _

6. _

Dale:Signature

Official Stamp

Nam#!Director of War#!r Resources

540

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FORM F3.

SIXTH SCHEDULE Regulation 19 (I) and (2)

THE REPUBLIC OF UGANDATHE WATER STATIITE, 1995

The Water Resources Regulations, 1998

CONSTRUCTION PERMITTo be completed in triplicate (3)

Permit No. _

Name and Address _

You are hereby authorised to carry out the following works:

Location (District, County, Sub-county, Parish, Villages, Volume /Block, Folio

NumberlPlot Number):

This permit shall be valid from (date) to (date) _

In addition to the extra conditions specified in these regulations and other law in force,

this permit is subject to the following conditions:

1. _

2. _

3. _

4. _

5. _

6. _

Date: _

Signature

Official Stamp

NameDirector of Water Resources

541

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SURFACE WATERS

SEVENTH SCHEDULE

REGISTRATION

(Regulation 27 (2)

An entry in the Register concerning any works or use registered under regulation

10 or for which a permit is granted under regulation 3 or 10. which relates to surface

water, must include:

(a) the name of the person or corporate entity who has registered. or to whom apermit has been granted;

(b) the address of the person or corporate entity who has registered. or to whoma permit has been granted;

(c) the location of the works;

(d) the name of the District where the works and use of water occurs or willoccur. if applicable;

(e) the name of the basin where water uptake is located;

<0 the name of the catchment, where water uptake is located;

(g) the name of the water way on which works are situated, if applicable;

(h) the number of the relevant construction completion report;

(i) the name of the contractor who constructed the works;

Ul the date on which construction was completed;

(k) the capacity of the diversion or impoundment;

(I) the frequency and rate of any withdrawal or diversion of water;

(m) the amount of water abstracted or that will be authorised to be abstracted in

the permit:

(n) the description of the purpose for which water is used;

(0) the permit number;

(p) the duration of the permit;

(q) the expiration date of the permit;

(r) the authority that granted the permit;

(s) the registration folio of the permit or the registration folio of the works orwater use;

(t) the date of registration;

(u) the authority that registers the permit or works or water use;

(v) any significant changes to the status of the permit;

(w) any relevant conditions attached to the registration or permit.

542

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GROUND WATER

An entry in the Register concerning any borehole or use of water from a borehole

registered under regulation 10 or for which a permit is granted under regulation 3

must include:

(a) the name of the person or corporate entity who has registered, or to whom apermit has been granted;

(b) the address of the person or corporate entity who has registered, or to whoma permit has been granted;

(c) the location of the borehole;

(d) the name of the District where the works and use of water occurs or willoccur, if applicable;

(e) the name of the basin where water uptake is located;

(f) the name of the aquifer where water uptake is or will be located;

(g) the number of the relevant borehole completion report;

(h) the name of the driller who constructed the borehole;

(i) the date on which construction was completed;

0> the depth, diameter and lining of the borehole;

(k) the capacity of any pump attached to the borehole;

(I) the frequency and rate of any withdrawals or discharges from the borehole;

(m) the amount of water abstracted or that will be authorised to be abstract;

(n) the description of the purpose for which water is used;

(0) a description of the water supply system;

(p) the permit number;

(q) the duration of the permit;

(r) the expiration date of the permit;

(s) the authority that granted the permit;

(t) the registration folio of the permit or the registration folio of the works orwater use;

(u) the date of registration;

(v) the authority that registers the permit or works or water use;

(w) any significant changes to the status of the permit;

(x) any relevant conditions attached to the registration or permit.

543

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EIGHTH SCHEDULETHE REPUBLIC OF UGANDA

THE WATER STA11JTE, 1995(Statute No.9 of /995)

The Water Resources Regulations 1998

(Regulation 25 (I)

FORM Gl.

) Customary () Leasehold

APPLICATION FOR AN EASEMENTTo be completed in triplicate (3)

Complete this form if you have been unable to agree with a neighbourupon an easement over hislher land.

I. NAMES AND ADDRESSES

Name of IndividuaVAssociation/CompanylPublic Authority" _

Physical Address: _

_______________ Telephone: _

Designation: _

Acting for Company/Ownership/Cooperative Society/Corporation* _

Postal address (if different from above): Town: _District: _

Main Activity: _

•Delete what is not applicable.

2. LOCATION OF LAND

Name of land owner which will benefit from the easement: _

Address of that owner: _District: _

Property regime of land:

) Bona fide occupants ( ) Mailo

) FreeholdIf lease hold, indicate: volume Folio No. _

If mailo or freehold indicate: Block Plot No.. _

Location of land over which the easement is sought: _

District: Area of that land (in Hectares)

544

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3. SOURCE OF WATER

Select the source of water from or to which you wish to take water:

( ) Dam

( ) Dry river bed

( ) Dug well

) Channel

) Ditch

) Borehole

) Lake

) Lagoon

) Wetland

) Other. specify: _

) River

) Stream

) Swamp

) Spring

Common name of the source of water. _

Specific point where the water is

or will be taken:

Side of the water uptake (when applicable): () Right Bank () Left Bank

District where the water uptake is located (when applicable): _

Give details of any water permit you hold to take water from this source: _

(Attach a topographic map I:50,000. indicating location of the intake works. the layout

of the works. land which will benefit from the easement. land over which easement is

sought).

Lat.:

OFFICIAL USE ONLYBasin: Catchment: _

National Grid Reference of point of water uptake: Long:

4. EASEMENT

Why do you require the easement? _

What form will the easement take? (e.g. right-of-way. to construct a pipeline orchannel): _

What works. if any. do you want to construct on that land? _

For how long would you want the easement? _

5. PEOPLE AFFECfED

Give the number of the certificate of title for the land over which the easement issought: _

Give the names and addresses of all people whom you know can claim an interest in

that land:

Which of these people have refused to grant you an easement? _

(Please enclose copies of any relevant correspondence)

545

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6. ACCOMPANYING INfORMATION

Please list all maps. plans or other documents enclosed with this application.

DECLARATION OF THE APPLICANT

I certify that the information provided in this form is correct to the best of myknowledge. I also agree that no decision wiJI be made nor action taken withrespect to this application until I recieve a notification from the Directorate ofWater Resources that I have provided all the necessary information.

Signature of applicant

Full names _

Official seal/stamp

Date: _

NOTEWhen you have completed this form and the appropriate attachments, you mustattach CASH or CHEQUE for Ushs for processing theapplication and send them to:

The DirectorDirectorate of Water ResourcesP.O. Box 20026Kampala

The Director may require you to advertise this application at your cost in a wayspecified by the Director.

OFFICIAL USE ONLY

RECEPTION DATE: (D) _

APPLICATION NUMBER

546

(M) _ (y)----I

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THE REPUBLIC OF UGANDATHE WATER STATUTE, 1995

(Statute No.9 of 1995)

The Water Resources Regulations 1998

CERTIFICATE OF EASEMENTTo be completed in triplicate (3)

Regulation 25 (4)

FORM G2.

Permit No. _

Name and Address _

You are hereby granted an easement under section 36 of the Water Statuteand Regu­

lation 25: Description of the benefitted land:

Description of the burdened land (District. County, Sub-county. Parish. Villages.

Volume/Block and Folio NumberlPlot Number)

Name of Owner:

Address of Owner:

Nature of burden imposed on burdened land

This Permit shall be valid from (date) 19_ to (date) 19_

This permit is subject to the following conditions:

1._-------------------------2. _3. _

4. _

5. _6. _

Date: _

Official Stamp

547

Signature

NameDirector of Water Resources.

GERALD M. SENDAULA.Minister ofNatural Resources.