This document summarizes the legal and institutional frameworks related to water resources in Namibia. It outlines the transboundary agreements Namibia is party to, including the SADC Protocol on Shared Watercourses and the ORASECOM Agreement. Domestically, it discusses the key water laws such as the Water Act of 1956 and Water Resources Management Act of 2004. It also lists the various government departments and organizations involved in water resources management in Namibia, including the Department of Water Affairs and Forestry and NamWater. Finally, it provides brief details on regulations related to water abstraction, pollution control, and groundwater ownership.

1. Viviane Kinyaga
22 May 2014
Windhoek
Regional Technical Seminar on Project
Implementation
Data sources: Legal &
institutional aspects: Namibia

2. Transboundary Legal
framework
• Revised SADC Protocol on Shared Watercourses
• ORASECOM Agreement

3. Transboundary Institutional
framework
• SADC Secretariat - Water Division
• Orange-Senqu River Commission
o Groundwater task force
o Programmes/projects

4. Domestic Legal framework
• Water Act, Act 54 of 1956 (water investigations;
planning for water infrastructure; develop
water schemes; pollution control; conservation
etc)
• Water Resources Management Act, Act 24 of
2004 (IWRM; water advisory council; water
regulatory board; water tribunal; basin
management committees)
• Water Resources Management Act, Act XX of
2013

5. Other domestic Legal framework
• Mountain Catchment Areas Act No. 63 of 1970
• Water Research Act No. 34 of 1971 (amended in
1978)
• Assignment of Power Act No. 4 of 1990
• Namibia Water Corporation Act No 12 of 1997
• Environmental Management Act, Act No. 7 of
2007

6. Other domestic Legal framework
• Communal Land Reform Act No. 6 of 1981
• Regional Councils Act, 1992 (Act No 22 of 1992)
• Local Authorities Act, 1992 (Act No. 23 of 1992)
• Pollution Control and Waste Management Bill
• Green scheme??
• The Constitution

7. Domestic Institutional
framework
• Department of Water Affairs and Forestry
o Directorate of Resource Management
o Directorate of Rural Water Supply
• NamWater
• Regional Councils; Local Authorities
• Decentralised bodies - Water Area Management
Institutions (Karst Water Management Body; Basin
Management Committees; Water Point Associations)

8. Legal & institutional framework
– data sources
• DRFN
• Department of Water Affairs and Forestry
• National Planning Commission
• Environmental Law and Policy in Namibia
• Assessments – IWRM Plan report no. 2
• Thesis reports of students

9. Water resources abstraction
and use
• Regulations for “old Act”
• Draft regulations for 2013 Water Act
• Tariffs, water regulator in new Act

10. Pollution control
• Regulations for Water Act
• Regulations for Environmental Management Act

11. Ownership of groundwater
resources
• Ownership vested in the state
• Certain users have responsibilities to develop
and manage water resources (NamWater, some
local authorities, freehold farmers)
• Development controlled through permit system
(check law in this regard)

12. Thank you