Malawi Water Resources Act 2013: Borehole Provisions Visible in the Act
Malawi Water Resources Act 2013: Borehole Provisions Visible in the Act
Summary of the Act (Act No. 2 of 2013) as published on MalawiLII. The page read gave full text for only some sections; others showed headings only.
- s.68 is headed "Permit to drill a borehole or to engage in borehole drilling programme for groundwater exploration." Its conditions were not visible.
- s.84 is headed "Licensing of borehole drillers and constructors." Only the heading was visible.
- s.69 ("Submission of records"): a person constructing or drilling a borehole, if required to keep records under this Part, shall send the listed items to the Authority within one month of the cessation of construction (the list was not visible).
- s.71: a contractor drilling on someone else's land is deemed the person constructing the borehole and is jointly and severally liable with the landowner for the obligations under s.69.
- s.76: every artesian and sub-artesian borehole shall be efficiently cased, capped or furnished with appliances that arrest the flow over the ground surface or wasting through the strata.
- s.78: it is an offence to re-case or remove plugs or seals from a defective borehole, or dump material into one, without the Authority's written permission.
- s.80 (text partly visible) says that if a borehole is found to contain salt water the Authority shall give instructions by order; s.81 lets the Authority examine a borehole suspected of containing salt water and issue instructions for curing defects.
Not verified: s.38 (domestic use, groundwater, rainwater harvesting), s.39 (licence for abstraction), s.45 (exemptions) and the Water Resources Regulations 2018; texts were not seen. The page shows the version as at 31 December 2014 and says the Act was later consolidated in the Fifth Revised Edition (L.R.O. 1/2018), so this text may not be the latest consolidation (Not verified:).
General information only. Not legal advice. Confirm with the National Water Resources Authority.