Service Contract No 2007 / 147-446 Strategic ... - Swaziland

Table 22:Main regulations relevant to the NASPiece of legislationSwaziland EnvironmentAuthority Act No 15(1992)The EnvironmentManagement Act No 5 of2002The Environment Audit,Assessment and ReviewRegulations (2000)The Water Act (2003)Description / relevance to the NASAct that establishes the Swaziland Environment Authority (SEA) and itsfunctions. The Environmental Management Act (2002), however, turnedthe SEA into a body corporate.The purpose of the Act is to provide for and promote the enhancement,protection and conservation of the environment and where appropriate,the sustainable management of natural resources. The Act sets out theframework for environmental management, including integratedenvironmental management; pollution control; waste management;international matters; public participation; and compliance andenforcement.It is central to assess the environmental implications of the NAS, as wellas to provide a framework for the definition of mitigation and responsemeasures which conform to it. For example, in terms of considering theimplications of climate change, the Act establishes the precautionaryprinciple, which could underpin actions to address significant impactseven in absence of absolute scientific certainty.These Regulations address the environmental control of foreseen andexisting activities, mainly through Environmental Impact Assessment,environmental audits and Environmental Compliance Certificates.The Water Act of 2003 is the law governing the use and management ofwater resources. It seeks to integrate and decentralise watermanagement and to consolidate its administration under one ministry. Itestablished the National Water Authority (NWA) that is composed ofrepresentatives from key government ministries, from industry, from waterusers associations and individuals on Swazi Nation Land. TheDepartment of Water Affairs is secretariat for the NWA. The act alsoestablishes five river basin authorities through which basin specific watermanagement processes will evolve. RBAs will empower basinstakeholders in the management of their water resources. The Actdeclares all water found in the country a national resource and requires allusers to have permit for use of the water. It is, however, not necessary forany person or community to obtain a permit for use of water for primary(subsistence) purpose. The Water Apportionment Board is responsible forissuing of permits, and the five river basin authorities will take over thisfunction once they are all established and operating. Water is allocated onvolumetric basis, and in the case of irrigation it is allocated on the basis ofcrop water requirement.The implementation of the NAS with its heavy reliance on irrigationexpansion will directly impact on the Act. All new irrigation projects mustbe in compliance with the Act in terms of water allocation and abstraction.The establishment of the river basin authorities in 2009 has passed downwater management responsibilities to the basin level. Each authority is tobecome self sustaining through the imposition of fees and levies for watersupplied and services provided. The Water Act empowers each RBA todevelop its own pricing structure for the water that they allocate andmanage. In terms of the 2003 Water Act, RBAs have a variety ofresponsibilities for monitoring water quantities and qualities within theirbasins.RDMU (Strategic Environmental Assessment of the National Adaptation Strategy) - Page 164