Water allocation decisions are crystallized in permits, but are not cast in concrete as a result. Circumstances may change. A new national or regional water master plan may come into being, requiring adjustments in the water resources allocation pattern as crystallized in as many permits as are in operation at any given point in time. Or a prospective user may seek water which has already been allocated under a permit. If the utilization applied for is regarded by the government decisionmaker as preferable to the one which already exists, it may be necessary to sacrifice the latter. Or a drought or other emergency may strike, forcing the government to curtail allocations under the existing permits (see on this particular score IV and VII). The permit holder himself may request that his permit be amended in certain respects, or he may decide to relinquish it before its expiration date. On expiration of his permit, a permit holder may wish to have it continue for an additional term. In all these cases, the government department or agency in charge of administering the permit system has to be in a position to react to change, and to adjust permits to the new circumstances - in other words, it must have at its disposal the legal machinery necessary to "manage", on its own motion or also at the permit holder's request, all permits outstanding at any particular time. Such machinery typically consists of the review and variation of the terms and conditions of permits; the suspension or cancellation of a permit under given circumstances including, in particular, for breach of legal provisions (this particular aspect of permit cancellation is investigated at sub-chapter 11 herebelow); the renewal of permits on expiration; and the transfer of a permit from one water user to another. All these mechanisms are cast in the legislation under the guise of a grant of corresponding authority to the government department or agency concerned. Such grant is generally found in the principal legislation and is qualified so as to protect the holder of a permit from undue governmental interference with his rights under the permit. As already intimated above, permit management mechanisms can be activated at the request of the permit holder, or at the initiative of the government department or agency responsible for administering the permit system.
Subsidiary legislation typically provides procedural and substantive requirements and relevant standard formats of permit management mechanisms (i.e. renewal of permits: X, XI, XIII and XIV; variation of permits: V, VII, VIII, XI, XII and XIII; suspension and cancellation of permits: I - VII, IX and XI - XIII). In addition, it may clarify certain legal side effects of permit management action taken by the government - or of action taken unilaterally by the permit holder (II). Provisions as to the recording of permit management action taken in the registers of permits, and as to appeals from such action tend to appear in context with general provisions on such registers and appeals, respectively (see sub-chapter 2, under Steps Five and Six above).
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I - KENYA - Water (General) Rules 56. (1) Every permit to develop an amount of power less than the full power potential of the site may be subject to special conditions if the Water Apportionment Board consider that the full power development of the site at a later date may be required. (2) If an existing operator is unable, or unwilling, to enlarge his works to develop the full power potential of the site, and it is considered by the Water Apportionment Board to be in the public interest to do so, the Water Apportionment Board may cancel the licence, sanction or permit and authorize the works to be carried out by another person. (3) When action is taken under paragraph (2) of this rule, the former operator shall be entitled to a supply of power from the new operator at a price and under conditions equivalent to those existing before the cancellation of the licence or permit. (4) For the purpose of ascertaining the power developed or capable of development under any licence or permit, the Water Apportionment Board shall have free access to all books, plans and records bearing on the quantity of power developed, and may do such other things as may be necessary for such purpose. II - KENYA - Water (General) Rules 58. Abandonment or cancellation of a licence, sanction or permit or any part thereof shall not have the effect of relieving the owner of the land or undertaking to which the licence, sanction or permit is or was appurtenant of liability for any damage resulting from the works constructed, operated or maintained by the operator, or from any defect or insufficiency in the works. III - PHILIPPINES - Water Rules and Regulations 18.Any permit issued pursuant to these rules may be revoked by the Council, after due notice and hearing, for any of the grounds provided herein or in the Code. 85.Water Permits or other rights to use the water may be revoked or suspended summarily by the Council if any of the following facts and/or conditions exists:
IV - PHILIPPINES - Water Rules and Regulations 85.Water Permits or other rights to use the water may be revoked or suspended summarily by the Council if any of the following facts and/or conditions exists:
V - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 9. In relation to any application under section 42(2) of the Act (which provides that the holder of a licence under the Act may apply to the river authority to vary the licence), regulations 5 to 8 of these regulations[6], except the provisions relating to publication and service, as required, of the appropriate section 28 notice (which shall be in, or substantially in, the form N4 in Schedule 2), shall not apply; and the said provisions relating to the appropriate section 28 notice shall not have effect in any case where the variation proposed by the applicant is limited to reducing the quantity of water authorised to be abstracted in pursuance of the licence during one or more periods. 18. The notice which is required by section 43(3) of the Act to be served and published with respect to any proposals for revoking or varying a licence, formulated by a river authority under that section, shall be in the form of the notice prescribed for this purpose in Schedule 2 to these regulations (and therein numbered N5), or in a form substantially to the like effect. 19. The notice which is required by section 47(3) of the Act to be served with respect to an application made to the Minister by an owner of fishing rights under that section for the revocation or variation of a licence to abstract water from an inland water, shall be in the form of the notice prescribed for this purpose in Schedule 2 to these regulations (and therein numbered N6), or in a form substantially to the like effect.... Form N4 - Notice of Application to Vary *(a Licence to Abstract Water) (a Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works) (a Combined Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works and to Abstract Water) (an "Alternative Statutory Provision" Authorising the Obstruction or Impeding of the Flow of an Inland Water by Means of Impounding Works) - See Appendix I, page 312. Form N5 - Notice of Proposals for *(Revoking) (Varying) (a Licence to Abstract Water) (a Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works) (a Combined Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works and to Abstract Water) (an "Alternative Statutory Provision" Authorising the Obstruction or Impeding of the Flow of an Inland Water by Means of Impounding Works) - See Appendix I, page 314. Form N6 - Notice of Application by Owner of Fishing Rights for *(Revocation) (Variation) of a Licence to Abstract Water - See Appendix I, page 316. VI - MALAWI - Water Regulations, 1969 4. The following conditions shall, unless expressly excluded therefrom, be implied in every grant:
VII - LESOTHO - Water Resources Regulations, 1980 2. The Water Officer appointed under section 5 (4) shall:
VIII - NEPAL - Irrigation Regulation, 1989 7.4 Approval to be taken for Decreasing or Increasing the Quantity of Water:
IX - NEPAL - Irrigation Regulation, 1989 7.5 Notification to be Given for Deleting the Name from the Record Book of Licence:
X - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 15. Renewal of permit or licence Where a person applies not later than one month before the expiration of a permit or licence for the grant of a new permit or licence referred to in regulation 5, 6, 8 or 10 amounting to a renewal of the existing one, regulation 5(2), 6(2) or 8(2), as the case may be, does not apply to or in relation to the application. XI - JAMAICA - Water resources regulations, 1995 8. Renewal of licence (1) A licence granted under regulation 5 may, on its expiration, be renewed by the Authority if
(2) Where the Authority
9. Revocation etc. of licence on application of licensee (1) On the application of a person to whom a licence was granted under regulation 5, the Authority may
(2) In considering an application for the variation of a licence, the Authority shall have regard to the matters specified in paragraphs (a) to (h) of regulation 4, unless the variation applied for is restricted to reducing the quantity of water authorized to be extracted under a licence. 10. Revocation, suspension of licence for breach of Act (1) Subject to paragraph (2), the Authority may, by notice addressed to the person to whom a licence was granted under regulation 5, revoke the licence or suspend it for such period as the Authority thinks appropriate if it is satisfied
(2) Except as provided in paragraph (3), the Authority shall, before revoking or suspending a licence. serve on the person to whom the licence was granted a notice in writing
(3) The Authority shall not be obliged to serve a notice pursuant to paragraph (2) in relation to any breach or default if an enforcement notice pursuant to section 43 of the Act is in effect in relation to such breach or default. 11. Revocation of licence granted for use of excess water (1) Where a licence has been granted under regulation 5 conditional on the availability of excess water, then such licence shall have effect only so long as excess water is available for abstraction and use in accordance with that licence; and accordingly, where it becomes apparent to the Authority that such excess water will become unavailable for abstraction and use under any licence granted as aforesaid, the Authority shall notify the holder of the licence in writing of the date (not being less than thirty days from the date of service of the notice) on which the revocation of the licence shall take effect. (2) In paragraph (1) "excess water" means such of the flow of a river, stream or watercourse which, after satisfying the requirements of persons who are entitled under the Act to abstract and use the water of that river, stream or watercourse, would ordinarily run to waste. 12. Revocation, variation of licence for non-use (1) Where the Authority is of the opinion that the person to whom a licence was granted under regulation 5 has not made full use of the licence during the preceding eighteen months, it may by notice sent by registered mail to that person call upon him to show cause in writing within sixty days of the date of service of the notice why the licence should not be revoked or varied in the manner specified in the notice and informing him of his right to be heard in the matter within the period specified in paragraph (3). (2) The Authority shall
(3) If within sixty days of the date of service of the notice referred to in paragraph (1) the person to whom the notice was sent does not submit to the Authority a statement in writing of the reasons why the licence should not be revoked or suspended, the Authority may declare the licence revoked or varied, as the Authority thinks fit, and shall send to such person by registered mail a notice of that declaration. 13. Revocation, variation, suspension of licence to accommodate other user (1) If the Authority is satisfied that a licence granted under regulation 5 should be revoked, suspended or varied so as to accommodate the needs of another user of the water to which that licence relates, it may revoke or vary the licence by notice in writing addressed to the holder, and thereupon the licence shall be revoked or shall have effect only as so varied, as the case may be. (2) A person whose licence has been revoked, suspended or varied pursuant to paragraph (1) is entitled to receive compensation from the user whose needs for the water have been accommodated and. in the absence of agreement between them, the amount of compensation shall be determined
14. Substitution of supply or source of water (1) Subject to any powers exercisable under the Act in relation to an emergency area, if the Authority is of the opinion that it is in the best interests of the management, conservation, development and use of the water resources it may, in relation to any licence granted under regulation 5, substitute a supply or source of surface water for a supply or source of underground water, and vice versa. (2) If the substitution is made for the purposes of accommodating the needs of another user of water, the Authority in exercising its powers under paragraph (1) may stipulate that compensation be paid by that person to any person whose licence has been varied on account of the substitution and if there is no agreement as to the amount of compensation, the matter shall be determined in the manner specified in regulation 13. 15. Variation of licence for certain other purposes If the Authority considers it necessary in the public interest, it may vary a licence to abstract and use water in respect of the points or methods of abstraction, or both, for the purpose of
XII - VIET NAM - Decree No. 179/1999 Stipulating the Implementation of the Law on Water Resources 9. The granting of permits and the exploitation and use of water resources stipulated in Clause I. Article 24 of the Law on Water Resources are specified as follows: ... 3. Use duration of permits:
4. Withdrawal and suspension of permits: The withdrawal and suspension of validity of water exploitation and use permits shall be effected in the following cases:
XIII - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994 6. Duration and Renewal of Permit (1) The Appropriate Authority shall, at the time of issuing a permit, determine the duration of the permit taking into account the nature of the project. (2) The holder of a permit may apply for renewal of the permit six months prior to its expiry date. (3) The Appropriate Authority shall renew the permit for such period as it may determine, where it finds that the holder has fulfilled his obligation under the permit and the conditions laid down under Article 5(1) of this proclamation. (4) Where an application or renewal of permit is rejected, the Appropriate Authority shall notify, in writing, the permit holder in the manner prescribed under Article 5(c) of this proclamation. 7. Amendment and transfer of Permit (1) The permit holder may apply for the amendment of the permit in order to decrease or increase the volume of water permitted or to use the water for other purposes. (2) Upon receipt of an application under sub-Article (1) of this Article, the Appropriate Authority shall decide on the application on the basis of the provisions of Article 5(1) of this proclamation. (3) The Appropriate Authority may, on its own initiative, amend a water use permit where a re-adjustment of allocation of water becomes necessary due to changes in environmental conditions, increase in the demand for water uses or due to any other satisfactory ground; provide, however, that the permit holder shall be compensated for damages resulting from the amendment except where the amendment is caused by changes in environmental conditions. (4) A water use permit may be transferred to another person upon the approval of the appropriate authority. 8. Suspension and Revocation of Permit The Appropriate Authority may suspend or revoke water use permit on any one of the following grounds: (1) failure to observe obligations arising from the permit; (2) wasteful use of water or misuse in any other manner; (3) failure to comply with directives issued for the protection of public health, the environment and water quality control; (4) failure to commence utilizing the allocated water for four months without good cause; (5) submission of false or misleading information relating to the permit; (6) transfer of the permit to another person without the permission of the Appropriate Authority; (7) voluntary surrender of the permit by the holder. XIV - UGANDA - Water Resources Regulations, 1998 8. Renewal of water permits (1) A holder of a water permit granted under regulation Renewal of 3 or 10 may before the expiry of his or her permit, apply to the Director for the renewal of the permit. (2) An application under subregulation (1) of this regulation shall,
(3) The Director shall, in considering an application referred to under this regulation, take into account the factors specified in regulation 6 of these regulations. (4) Where the Director renews a permit he or she may subject to these regulations, renew such permit on such terms and conditions, as he or she may determine. |
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[6] See sub-chapter 2 above,
Step One – Filing of an application under the heading Supporting
documents (III). |
