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

Piece of legislationDescription / relevance to the NASfigures stated in the Agreement will be applicable followingcommissioning of Driekoppies and Maguga Dams and the coming intoeffect of the Inco-Maputo Agreement which “shall remain in force until2010 or until superseded for the relevant watercourse by comprehensivewater agreements in the Incomati and Maputo watercourses supported byjoint studies, whichever is the earlier”.The intention of this interim agreement is partly to fulfil the requirementsof the Pigg’s Peak Agreement where 2m 3 /s were to be delivered at theborder to meet Mozambique’s water requirements on the Komati Riverupstream of the confluence with the Sabie River. Any water contributedby Swaziland to satisfy the requirements of the Pigg’s Peak Agreementwould reduce Swaziland’s net water allocation under the Komati BasinTreaty. The removal of this amount of water would impact negatively onwater availability to Swaziland. The situation would apply during thevalidity of the Inco-Maputo Interim Agreement, or until a comprehensivelong-term water allocation agreement is negotiated for the Komati andMaputo River Basins.The responsibilities of the three countries are defined in Article 4, andimply that the parties shall, individually and, where appropriate, jointly,develop and adopt technical, legal, administrative, and other reasonablemeasures in order to, among other measures:• coordinate management plans and planned measures;• monitor and mitigate the effects of floods and droughts;• provide warning of possible floods and implement agreed upon urgentmeasures during flood situations;• exchange information on the water resources’ quality and quantity,and the uses of water; and• implement capacity building programmes.Article 6 on the “Protection of the Environment” states that the threecountries shall, individually and, where appropriate, jointly, protect andpreserve the aquatic environment and ecosystems of the Incomati andMaputo watercourses, taking into account generally acceptedinternational rules and standards.Article 7 on “Sustainable Utilization” is derived from the revised SADCProtocol and states that the three countries shall be entitled, in theirrespective territories, to optimal and sustainable utilization of, and benefitsfrom, the Incomati and Maputo water resources, taking into account theinterests of the other countries concerned, consistent with adequateprotection of the watercourses for the benefit of present and futuregenerations. The three countries shall coordinate their managementactivities by the exchange of information, and coordinate managementplans and measures. This article also states that the three countries arecommitted to developing measures towards improvement of efficiencyand rational use of water and its conservation and to promote moreefficient water use through adopting better available technology.Article 13 on “Transboundary Impacts” states that any planned waterresources development projects and water utilization projects (whether ornot listed in Annex II “Reference Projects”), shall not commence if they,by themselves or in combination with the existing ones, have the potentialof a significant transboundary impact on the watercourse. These projectsmay only commence if the provisions of Article 4(1) of the revised SADCProtocol, on the procedure of notifying other riparian countries of plannedmeasures, have been complied with.RDMU (Strategic Environmental Assessment of the National Adaptation Strategy) - Page 170