Borehole Ownership Regulations in Zimbabwe: Legal Requirements & Compliance

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Borehole Regulations in Zimbabwe: Is Your Water Source Legally Compliant?

Written By: Borehole Experts Zimbabwe | Topic: Groundwater Law
Alert: Government Crackdown on Unregistered Boreholes

In recent months, the Zimbabwean government has intensified its efforts to regulate and manage groundwater resources, particularly in the Upper Gwayi Sub-Catchment area of Matabeleland North. A stern warning has been issued to borehole owners who have not registered their installations with ZINWA.

Borehole Regulations Zimbabwe

We delve into the details of the government's new regulations, the implications for borehole owners, and the critical steps required for compliance to avoid legal penalties.

Why Registration is Mandatory

According to the Water Act (Chapter 20:24) and Statutory Instrument 206 of 2001, registration is not optional.

Failure to register is illegal. The Water Act stipulates that using water from a well or borehole without a permit is a direct violation of the law. Sub-catchment councils are mandated to issue these permits and maintain registers.

Sustainable Utilization: Registration allows authorities to monitor abstraction, preventing over-exploitation and maintaining aquifer health.

Equitable Use: It ensures that groundwater is shared fairly among all users in the catchment area.

The Notice & Consequences

A recent notice dated September 12 at the Mhlahlandlela Government Complex underscores the urgency.

NON-COMPLIANCE PENALTY

The Cost: Failure to register will result in legal penalties. Specifically, a non-compliance fee is charged per visit to the property if the owner fails to respond within seven days.

$150 USD PER VISIT

SECTION 118 VIOLATION

Legal Action: Section 118 of the Water Act outlines severe legal penalties for non-compliance, which can extend beyond fines to further legal action against the property owner.

How to Obtain Your Permit

For prospective borehole owners, obtaining the necessary permits is a critical step. Here is the process.

  1. Submission: Submit form GW1 to the sub-catchment council.
  2. Requirements: Include the appropriate fee, proof of land ownership, and a 1:50,000 scale topographical map showing boundaries.
  3. Hydro-Census: You must also provide a hydro-census of surrounding boreholes using form GW2.

Once drilled, you must apply for a groundwater abstraction permit using form GW4 (along with GW2). This permit legalizes the actual use of the water for agricultural, domestic, or mining purposes.

Importance of Professional Siting

Proper siting and drilling are crucial for compliance and success:

  1. Water Quality: Ensures the borehole is sited in an area free from contamination sources.
  2. Success Rate: Using professional hydrologists increases the chances of yielding sufficient water.
  3. Risk Management: Professional siting helps mitigate the inherent risks of drilling, bearing in mind there is no 100% guarantee of finding water.

Need Help with Compliance?

At Borehole Experts Zimbabwe, we are dedicated to keeping our clients informed. Contact us for guidance on registration, siting, and compliant drilling services.

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