LEX-FAOC095524

The Act makes provision for the establishment of the National Water Council, the creation of Guyana Water Inc., the public supply of water, the conservation of water resources, use of (ground) water, sewerage and related matters. The Act consists of 95 sections divided into 15 Parts: Preliminary (I); national Water Council (II); Hydrometeorological Department (III); Ownership and use of water (IV); Licenses (V); Drought Orders (VI); Public supplier (VII); certain powers of public supplier (VIII); Sewerage (IX); Connection and disconnection (X); Offences (XI); Acquisition of land (XII); Creation of Guyana Water Inc. (XIII); Regulations (XIV); Miscellaneous (XV). The National Water Council established under section 3, shall carry out various functions in relation with the National Water Policy to be established by the Minister in accordance with sections 6 and 7. The Hydrometerological Department within the Ministry of Agriculture shall discharge functions conferred upon it by the Act and defined, inter alia, by section 8. The functions include establishment, management and operation of national water resources monitoring systems, and systems to monitor atmospheric conditions, to establish and administer a licensing system for construction of boreholes, abstraction of groundwater and other waterworks, to establish a register of licenses, to assess and record water use in quantity and quality, to collect and assess specified data on water resources, climate change, hydrology and oceanography, etc. part IV concerns the use and ownership of surface and groundwater and related rights. No person shall divert or abstract surface waters in any amount exceeding the amount prescribed by Regulations unless authorized by a valid license or by law (sect. 20). Part V sets out procedures for application for and granting of licenses. The Department may attach conditions to any license in accordance with provisions of this Part. In the case of serious deficiency of supplies of water in any area, the Minister may issue a Drought Order containing such provisions as are deemed necessary to control the use of water. The Minister may appoint suppliers of public water pursuant to section 44. The Minister shall ensure that for every region of Guyana there exists at all times a public supplier. Conditions of appointment are set out in section 47. A public supplier shall construct and maintain sewerage facilities and may for this purpose the area covered by its license in sewerage areas (sect. 57). The Minister may compulsorily acquire land for use by a public supplier pursuant to section 89. Guyana Water Inc. is created as a public company to succeed the Guyana Water Authority established by the Guyana Water Authority Act. The Authority is dissolved. Regulation making powers of the Minister are set out in section 93.