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WATER RESOURCES COMMISSION ACT,
1996 ACT 522
ARRANGEMENT OF SECTIONS
Establishment and Functions of
the Water Resources Commission
1. Establishment of Water
Resources Commission.
2. Functions of the Commission.
Composition of Board and Related
Provisions
3. Composition of the Board.
4. Tenure of office of members.
5. Filling of vacancies.
6. Meetings of the Board.
7. Commission to appoint
committees.
8. Allowances for members of the
Board and committees.
9. Executive Secretary to the
Commission.
10. Other staff of the
Commission.
11. Delegation of power of
appointment.
Regulation of Use of Water
Resources
12. Public water vested in
President.
13. Prohibition of use of water
without authority.
14. Use of water resources for
domestic purposes.
15. Enforcement notice.
16. Grant of water right.
17. Prohibition of transfer of
water right.
18. Creation of statutory
wayleaves and easement.
19. Suspension or variation of
water right.
20. Termination or limitation of
right where water is required
for public purpose.
21. Compensation on suspension
or cancellation of water right.
22. Water right to be terminated
for breach of condition.
23. Termination or limitation
for non-use.
24. Pollution of water.
Financial and Miscellaneous
Provisions
25. Funds of the Commission.
26. Accounts and audit.
27. Annual report.
28. Power to obtain information.
29. Power to inspect works, etc.
30. Power to require demolition
of unlawful works.
31. Minister to declare
controlled area.
32. Schemes for development of
water resources in protected
areas.
33. Declaration of water
emergency.
34. Penalty for offences.
35. Regulations.
36. Transitional provisions.
37. Interpretation.
38. Repeal.
ACT 522
WATER RESOURCES COMMISSION ACT,
19961(1)
AN ACT to establish a Water
Resources Commission, to provide
for its composition and
functions
on the regulation and management
of the utilisation of water
resources in Ghana and for
related
matters.
Establishment and Functions of
the Water Resources Commission
1. Establishment of Water
Resources Commission
(1) There is established by this
Act a Water Resources
Commission.
(2) The Commission is a body
corporate with perpetual
succession and a common seal and
may sue
and be sued in its corporate
name.
(3) The Commission may for and
in connection with the
performance of its functions
purchase, hold,
manage or dispose of movable or
immovable property and may enter
into the contracts and
transactions
that are reasonably related to
its functions.
2. Functions of the Commission
(1) The Commission is
responsible for the regulation
and management of the
utilisation of water
resources, and for the
co-ordination of any policy in
relation to them.
(2) Without prejudice to
subsection (1) of this section,
the Commission shall
(a) propose comprehensive plans
for the utilisation,
conservation, development and
improvement of water resources;
(b) initiate, control and
co-ordinate activities connected
with the development and
utilisation of
water resources;
(c) grant water rights;
(d) collect, collate, store and
disseminate data or information
on water resources in Ghana;
(e) require water user agencies
to undertake scientific
investigations, experiments or
research
into water resources in Ghana;
(f) monitor and evaluate
programmes for the operation and
maintenance of water resources;
(g) advise the Government on any
matter likely to have an adverse
effect on the water resources
of Ghana;
(h) advise pollution control
agencies in Ghana on matters
concerning the management and
control of pollution of water
resources; and
(i) perform such other functions
as are incidental to the
foregoing.
Composition of Board and Related
Provisions
3. Composition of the Board
(1) The governing body of the
Commission is a Board consisting
of
(a) the Chairman who shall not
be a Minister or a Deputy
Minister,
(b) one person representing each
of the following:
(i) the Ghana Water and Sewerage
Corporation,
(ii) Organisations producing
potable water,
(iii) the Hydrology Department
of the Ministry of Works and
Housing,
(iv) the Volta River Authority,
(v) the irrigation Development
Authority,
(vi) the Water Resources
Research Institute,
(vii) the Meteorological
Service,
(viii) the Environmental
Protection Agency,
(ix) the Forestry Commission,
and
(x) the Minerals Commission,
(c) the Executive Secretary
appointed under section 9 of
this Act,
(d) one chief, and
(e) two other persons at least
one of whom is a woman.
(2) The members of the Board
shall be appointed by the
President in accordance with
article 70 of the
Constitution.
4. Tenure of office of members
(1) A member of the Board other
than an ex officio member shall
hold office for a period of
three
years and is eligible for
re-appointment.
(2) A member of the Board may at
any time by notice in writing to
the President resign from
office.
(3) A member who is absent from
three consecutive meetings of
the Board without sufficient
cause
ceases to be a member.
(4) The President may in writing
remove a member for stated
reasons.
5. Filling of vacancies
(1) When a member of the Board
is incapacitated by illness or
any other cause from performing
the
functions of office for more
than twelve months, the
President may acting in
consultation with the
appropriate institution appoint
another person to perform the
functions of the member until
the member is
able to resume the performance
of the functions.
(2) A person appointed to fill a
vacancy shall hold office for
the remainder of the term of the
previous
member and is, subject to the
provisions of this Act, eligible
for re-appointment.
6. Meetings of the Board
(1) The Board shall ordinarily
meet at least once every three
months for the dispatch of
business at the
times and at the places as
determined by the Chairman.
(2) The chairman may, at the
request in writing of not less
than one-third of the members of
the
Board, convene a special meeting
of the Board.
(3) The chairman shall preside
at the meetings of the Board and
in the absence of the chairman a
member elected by the members
present from among their number
shall preside.
(4) The quorum at a meeting of
the Board is seven members.
(5) The Board may co-opt a
person to attend any of its
meetings, but a co-opted person
shall not vote
at the meeting.
(6) Questions proposed at
meetings of the Board shall be
determined by a majority of the
votes of the
members present and voting and
where the votes are equal the
chairman or the member presiding
shall
have a casting vote.
(7) An act or a proceeding of
the Board shall not be
invalidated by a vacancy among
its members or a
defect in the appointment or
qualification of a member.
(8) Subject to the provisions of
this section, the Board shall
regulate the procedure for its
meetings.
7. Commission to appoint
committees
The Board may for the
performance of its functions
appoint committees comprising
members, or
non-members or both and may
assign to them the functions
that are determined by the
Board, but a
committee composed entirely of
non-members may only advise the
Board.
8. Allowances for members of the
Board and committees
Members of the Board and members
of committees appointed by the
Board shall be paid the
allowances determined by the
Minister responsible for
Finance.
9. Executive Secretary to the
Commission
(1) The President acting in
accordance with article 195 of
the Constitution shall appoint
an officer to
be designated the Executive
Secretary to the Commission.
(2) The Executive Secretary is
under the general supervision
and direction of the Board,
responsible
for the day-to-day management
and administration of the
Commission.
(3) The Executive Secretary
shall be the secretary to the
Commission and shall in
consultation with
the chairman arrange the
business and record and keep
minutes of the meetings of the
Board.
(4) The Executive Secretary
shall perform any other
functions that the Board may
assign.
10. Other staff of the
Commission
(1) There shall be appointed by
the President acting in
accordance with article 195 of
the Constitution,
the officers that the Commission
may require for the effective
performance of its functions
under this Act.
(2) Other public officers may be
transferred or seconded to the
Commission or may otherwise give
assistance to the Commission.
11. Delegation of power of
appointment
The President may, subject to
conditions determined by the
President, delegate the power of
appointment under sections 9 (1)
and 10 (1) by directions in
writing to the Board or to a
member of the
Board or to any other public
officer.
Regulation of Use of Water
Resources
12. Public water vested in
President
The property in and control of
all water resources is vested in
the President on behalf of, and
in trust
for the people of the Republic.
13. Prohibition of use of water
without authority
(1) Except in accordance with
the provisions of this Act, a
person shall not
(a) divert, dam, store, abstract
or use water resources, or
(b) construct or maintain any
works for the use of water
resources.
(2) Subsection (1) of this
section shall not prevent the
use of water resources for the
purpose of
fighting fires.
14. Use of water resources for
domestic purposes
(1) A person who has lawful
access to water resources may
abstract and use the water for
domestic
purposes.
(2) Subsection (1) does not
authorise the construction of
works for the purpose of
abstracting water
resources.
15. Enforcement notice
(1) Where it appears to the
Commission that the use of water
resources for a purpose at a
place poses
a serious threat to the
environment or to public health,
the Commission may serve on the
user of the water
resources, an enforcement notice
requiring the user to take the
necessary steps to prevent or
stop the
activities.
(2) An enforcement notice shall
specify
(a) the offending activity,
(b) the steps required to be
taken, and
(c) the time within which the
steps shall be taken.
(3) The Commission may in an
enforcement notice direct the
immediate cessation of the
offending
activity where it considers that
the circumstances so demand.
(4) A person who acts contrary
to an enforcement notice issued
under this section commits an
offence
and is liable, on summary
conviction, to a fine of not
less than fifteen penalty units
and not more than two
hundred and fifty penalty units
and in default to a term of
imprisonment for a term not
exceeding one year
or to both the fine and the
imprisonment; and in the case of
a continuing offence to a
further fine not
exceeding five penalty units for
each day that the offence
continues after conviction.
16. Grant of water right
(1) A person may apply to the
Commission in writing for the
grant of water right.
(2) The Commission shall on
receipt of an application make
the necessary investigations
including
consultations with the
inhabitants of the area of the
water resources concerned.
(3) The Commission shall publish
in the Gazette notice of an
application and the area in
respect of
which the application is made.
(4) A person who claims that an
interest of that person will be
affected by the grant of a water
right
may notify the Commission within
three months of the notice in
the Gazette of the objection to
the grant
of the water right and shall
specify the grounds of the
objection.
(5) The Board shall consider the
objections made in respect of it
and shall after consultation
with the
persons and authorities that it
may consider necessary,
determine whether the water
right shall be granted.
(6) Where the Board is satisfied
that the water right shall be
granted, it shall so grant the
right.
(7) The Commission may grant the
water right subject to the
conditions specified in the
document for
the grant.
(8) A grant of water right is
subject to ratification by
Parliament.
(9) Parliament may by resolution
supported by the votes of not
less than two-thirds of all the
members
of Parliament exempt from the
provisions of subsection (8) of
this section the class of water
right that it
shall so resolve.
17. Prohibition of transfer of
water right
A water right granted under this
Act shall not be transferred
without the written approval of
the
Commission.
18. Creation of statutory
wayleaves and easement
Where the grant of a water right
is to a statutory corporation or
any other public body whose use
of the
water right ensures the benefit
of the public, the provisions of
the Lands (Statutory Wayleaves)
Act, 1963
(Act 186) shall apply for the
creation of a right of way or
any other similar right for the
purpose of
enabling the works related to
the water rights to be
implemented.
19. Suspension or variation of
water right
(1) Where the water right has
been granted and the Commission
is of the opinion that the water
resource in an area is
insufficient or is likely to
become insufficient as a result
of the grant, it may by
notice in writing to the holder
of the water right in that area,
suspend or vary the right to
abstract or use
the water resource in that area,
for the period that the
Commission considers necessary.
(2) Where a notice has been
issued under subsection (1) the
water right shall cease for the
period of
the suspension or shall be
exercisable only as so varied.
20. Termination or limitation of
right where water is required
for public purpose
(1) Subject to section 21, where
the Commission is satisfied that
water resources are required for
a
public purpose it may by notice
in writing addressed to the
holder of a water right,
terminate or limit that
right on the grounds that the
water is required for public
purpose, and the right shall
cease or shall be
exercisable only as so limited.
(2) A declaration in writing by
the Commission that water
resources are required for a
public purpose
is conclusive evidence of that
fact.
21. Compensation on suspension
or cancellation of water right
The holder of a water right is
entitled to receive reasonable
compensation in the
circumstances in
respect of the loss resulting
from the termination or
limitation of the right and in
the absence of the
agreement the Court shall
determine the amount of the
compensation.
22. Water right to be terminated
for breach of condition
(1) Where the holder of the
water right
(a) fails to comply with a
condition of the grant express
or implied, or
(b) has abstracted or used water
resources for a purpose not
authorised by the grant,
the Commission may by notice in
writing addressed to the holder
require the holder to remedy the
default
within the period specified in
the notice.
(2) If the holder fails or
neglects to remedy the default
within the period specified the
Commission
may terminate the water right
and inform the holder
accordingly in writing.
23. Termination or limitation
for non-use
Where at any time the Commission
has reason to believe that the
holder of a water right has not,
during the preceding two years,
made full beneficial use of that
right, it may after giving the
holder of the
right opportunity of making
representations to the
Commission, by notice in writing
addressed to the
holder and having regard to the
investment in capital works and
the long term national interest
involved in
the undertaking concerned
(a) terminate the right, or
(b) limit or modify the right as
specified in the notice.
24. Pollution of water
A person who, except in
accordance with the provisions
of this Act or with the approval
of the
Environmental Protection Agency
(a) interferes with or alters
the flow of, or
(b) pollutes or fouls,
a water resource beyond the
level that the Environmental
Protection Agency may prescribe,
commits an
offence and is liable on
conviction to a fine not
exceeding five hundred penalty
units or to a term of
imprisonment not exceeding two
years or to both the fine and
the imprisonment.
Financial and Miscellaneous
Provisions
25. Funds of the Commission
The funds of the Commission
include
(a) Government subvention,
(b) loans granted to the
Commission,
(c) the moneys accruing to the
Commission in the course of the
performance of its functions
under this Act or any other
enactment,
(d) gifts, and
(e) moneys from any other
source.
26. Accounts and audit
(1) The Commission shall keep
books of account and proper
records in relation to them in
the form
approved by the Auditor-General.
(2) The books and accounts of
the Commission shall be audited
annually by the Auditor-General
within three months of the end
of the immediately preceding
financial year.
(3) The financial year of the
Commission shall be the same as
the financial year of the
Government.
27. Annual report
(1) The Commission shall, as
soon as possible after the
expiration of each financial
year but within six
months after the termination of
the year, submit to the Minister
an annual report dealing
generally with
the activities and the
operations of the Commission
within that year which shall
include
(a) a copy of the audited
accounts of the Commission
together with the
Auditor-General’s report
on it, and
(b) any other information that
the Minister may require.
(2) The Minister shall within
two months after receiving the
annual report of the Commission
submit
the report to Parliament with a
statement the Minister considers
necessary.
28. Power to obtain information
The Commission may for the
proper and efficient performance
of its functions request
information
from a person who shall, subject
to any other law, comply with
the request.
29. Power to inspect works, etc.
(1) The Commission may in
consultation with the relevant
District Assembly at a
reasonable time
enter on any land to inspect
works constructed or under
construction there and may
ascertain or cause to
be ascertained the amount of
water abstracted or capable of
being abstracted by means of the
works.
(2) A person shall not obstruct
the Commission in the
performance of its functions
under subsection
(1).
(3) If in the opinion of the
Board works have been
constructed, maintained or used
or are being so
constructed as to constitute a
danger to life, health, property
or damage to the natural
resources of the
area, it may require a person
for the time being enjoying the
benefit of those works to
demolish or to
change the use of the works in
the manner that the Commission
considers necessary.
(4) For the purpose of this
section the Board may by notice
in writing suspend a water right
until it is
satisfied that the requirements
have been fulfilled.
30. Power to require demolition
of unlawful works
(1) The Commission may on the
advice of a District Assembly by
notice in writing require a
person
(a) who has constructed or
extended, or caused to be
constructed or extended any
works
contrary to any of the
conditions under which the
person was required or
authorised to effect
the construction or extension,
or
(b) whose water right in respect
of which any works in existence
have been terminated under the
provisions of this Act or has
otherwise come to an end,
to modify, demolish or destroy
the works within a period not
being less than thirty days,
specified in the
notice.
(2) Where a person fails to
comply with a notice served on
that person under subsection
(1), the
Commission may cause the works
to be modified, demolished or
destroyed and recover the cost
of the
modification, demolition or
destruction from the person in
default by civil suit.
31. Minister to declare
controlled area
Where the Minister is satisfied
that special measures are
necessary for the protection of
water
resources in or derived from an
area, the Minister may by
executive instrument declare
that area or a part
of that area, to be a protected
catchment area.
32. Schemes for development of
water resources in protected
areas
(1) Where an area is declared a
protected catchment area the
Commission may in consultation
with
the National Development
Planning Commission and the
District Assembly of the
protected catchment
area, establish a comprehensive
scheme for the development of
the water resources of that
area.
(2) For the purpose of
establishing a comprehensive
scheme, the Commission may,
after giving the
holder an opportunity for making
representations in respect of a
subsisting right within the
area,
(a) declare the right
terminated;
(b) declare the right limited or
modified in the respect
specified by the Commission; or
(c) grant the holder a new water
right on the terms and
conditions as it considers fit;
but the holder is entitled to
receive compensation in respect
of the loss resulting from the
termination or
limitation of the right.
(3) The Commission may cause to
be constructed and maintained
the works that the Board
considers
expedient for the better
protection of land and water
resources within a protected
catchment area.
(4) The Minister on the
recommendations of the
Commission and with the approval
of Cabinet may
levy prescribed charges on the
beneficiaries of a comprehensive
scheme within a protected
catchment
area in order to defray expenses
of the construction or
maintenance of the works or
both.
33. Declaration of water
emergency
(1) Where the Minister, after
consultation with the District
Assembly of an area, is
satisfied that
because of drought or because of
an accident or an unforeseen
circumstances, a serious
deficiency of
water for essential domestic
purposes exists or is threatened
in an area, the Minister may by
notice in the
Gazette declare that a water
emergency exists in that area.
(2) The Minister may after a
declaration of water emergency,
permit a person who has a supply
of
water in excess of the domestic
purposes to supply water from
the excess quantity of water to
the area
affected or to any other person,
for the period specified.
34. Penalty for offences
A person who
(a) diverts, dams, stores,
abstracts or uses water
resources contrary to section 13
(1) (a),
(b) constructs or maintains any
works for the use of water
resources contrary to section 13
(1)
(b),
(c) does not comply with a
request made under section 29,
(d) obstructs the Commission in
the performance of its functions
under section 30 (1), or
(e) does not comply with the
directives given by the Minister
under section 33 (2),
commits an offence and is
liable, on conviction, to a fine
not exceeding seven hundred and
fifty penalty
units or a term of imprisonment
of three years or to both the
fine and the imprisonment.
35. Regulations
(1) The Commission may, by
legislative instrument, make
Regulations
(a) for preserving existing uses
of public water;
(b) for controlling any change
in the course, current or cross
current of any contained surface
water in order to obtain the
most beneficial use of the
water;
(c) relating to the declaration
of water emergencies;
(d) for regulating the use of
contained water and ground
water;
(e) for the carrying out of
investigations in respect of a
function of the Commission;
(f) for the protection of
watersheds;
(g) for the granting of permits
to discharge waste into water
bodies;
(h) for prescribing the
acceptable levels of pollution;
(i) to regulate or prohibit the
doing of an act by a person in a
protected catchment area;
(j) for the levying of charges
under this Act; and
(k) generally for the purpose of
giving effect to the provisions
of this Act.
(2) An instrument under
subsection (1) of this section
shall be signed personally by
the chairman of
the Board.
36. Transitional provisions
(1) Where a person claims an
existing right of access to a
water resource that person
shall, within
twelve months from the coming
into force of this Act notify
the Commission of that right.
(2) The Commission shall on
receipt of the notification
conduct the investigation that
the Board
considers necessary and where it
is satisfied that that right
exists in relation to the person
it may take the
appropriate action.
37. Interpretation
In this Act, unless the context
otherwise requires,
“Auditor-General” includes an
auditor appointed by the
Auditor-General;
“beneficial use” means the use
of water including the method of
diversion, storage,
transportation
and application of the water
which is reasonable and
consistent with the public
interest, including
domestic, energy, agricultural,
commercial, industrial,
municipal, navigational and
recreational use;
“Commission” means the Lake
Resources Commission established
by Parliament;
“contained water” means
underground streams, water upon
the surface of the earth in
bounds
created naturally or
artificially and the sub-flow of
the water;
“Court” means the High Court;
“existing right” means any right
to water resources
(a) which on the coming into
force of this Act has been
lawfully acquired, is possessed
by and is
being beneficially used by any
person, or
(b) lawfully acquired by any
person before the coming into
force of this Act for the
purpose of
supplying water to the public;
“holder” means a person who has
been granted a water right under
this Act;
“Minister” means the Minister
responsible for Works and
Housing;
“prescribed” means prescribed by
or under this Act or the
Regulations;
“protected catchment area” means
any area declared by the
Minister to be preserved for the
protection of water resources in
or derived from the area;
“Regulations” means Regulations
made under this Act;
“water resources” means all
water flowing over the surface
of the ground or contained in or
flowing from any river, spring,
stream or natural lake or part
of a swamp or in or beneath a
watercourse and all underground
water but excluding any stagnant
pan or swamp wholly contained
within the boundaries of any
private land;
“works” includes any
construction or activity for or
related to use of water
resources.
38. Repeal
Spent.2(2)
Endnotes
1 (Popup - Footnote)
1. The Act was assented to on
30th December, 1996 and notified
in the Gazette on 31st December,
1996.
2 (Popup - Footnote)
2. This section provides for the
repeal of sections 8 and 9 of
the Rivers Act, 1903; Cap. 226
of the 1951 Edition
of the Laws of the Gold Coast.
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