GUIDELINES FOR THE PREPARATION OF CATCHMENT OUTLINE PLANS IN ZIMBABWE

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1 Government of the Republic of Mozambique Government of the Republic of Zimbabwe Swedish International Development Co-operation Agency (Sida) DEVELOPMENT OF JOINT INTEGRATED WATER RESOURCES MANAGEMENT STRATEGY DEVELOPMENT SCENARIO PHASE GUIDELINES FOR THE PREPARATION OF CATCHMENT OUTLINE PLANS IN WORKING DRAFT # 1 REPORT August 2005

2 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 TABLE OF CONTENTS ACRONYMS, ABBREVIATIONS AND TECHNICAL TERMS USED IN THIS REPORT INTRODUCTION BACKGROUND CONSULTANT S TERMS OF REFERENCE Summary of Tasks Reporting STRUCTURE OF THE MAIN REPORT REVIEW OF LEGAL AND INSTITUTIONAL FRAMEWORK LEGAL FRAMEWORK Water Act [Chapter 20:24] Zimbabwe National Water Authority Act [Chapter 20:25] Regional Town and Country Planning Act [Chapter 29:12] Environmental Management Act [Chapter 20: Parks and Wildlife Act [Chapter 20:14] of Tourism Act [Chapter 14:20] Agricultural and Rural Development Act [Chapter 18:01] Department of Agricultural Research and Extension (AREX) Forest Act [Chapter 19:05] Mines and Minerals Act [Chapter 21:05] INSTITUTIONAL CAPACITY FRAMEWORK REQUIREMENTS OF CATCHMENT OUTLINE PLANS ZINWA TERMS OF REFERENCE COP REQUIREMENTS Contents of Outline Plans Administrative and Institutional Arrangement Financial Arrangements SUMMARY OF THE CONTENTS OF THE COP FORMULATION OF THE CATCHMENT OUTLINE PLAN COP FORMULATION PROCESS Definition of the Environmental Baseline Data Analysis Strategic Water Resources Management Framework THE BASIC CATCHMENT HYDROLOGY Rainfall and Streamflow Data Groundwater Evaporation Hydrological Data Compilation BIOPHYSICAL ENVIRONMENT Geology Soils

3 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase Indigenous Vegetation Wildlife Fisheries Conservation Areas SOCIO-ECONOMIC ENVIRONMENT Settlements Crop Agriculture Livestock Farming Tourism Existing Bulk Water Supply Infrastructure Sanitation Facilities Related Infrastructure WATER QUALITY WATER DEMAND Urban Water Supplies Rural Piped Water Supplies Individual Borehole Supply System Undeveloped Water Supplies Agricultural Water Supplies Livestock Watering Supplies Game Watering Supplies Conservation Areas Effluent Discharge The Reserve International Obligations WATER DEMAND MANAGEMENT POLICIES AND PROGRAMMES Water Demand Management Policy Water Demand Management Programmes WATER ALLOCATION POLICIES AND PRIORITISATION CRITERIA WATER RESOURCES MODELLING Surface Water Resources Groundwater CATCHMENT WATER BALANCE Current Practice in Zimbabwe Alternative Approach Water Resources Yield Model FORMULATION OF WATER DEVELOPMENT PROJECTS Water Development Projects WATER ALLOCATION STRATEGIC WATER RESOURCES MANAGEMENT FRAMEWORK TABLE OF CONTENTS FOR COP FIGURES 2

4 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 Figure 1 : Overview of institutional Capacity Figure 2 : Matrix of COP areas, state agencies and COP data requirements Figure 3 : Matrix of collaboration areas between ZINWA/CC and other State Agencies Figure 4 : Matrix showing requirements for consultation in the production of COPs Figure 5 : COP formulation process TABLES Table 1 : Required information and data for water development infrastructure Table 2 : Required information an data on bulk water supply systems Table 3 : Information requirements for dam projects Table 4 : Information required for river diversion works Table 5 : Information required for groundwater systems Table 6 : Information requirements for conservation projects Table 7 : Strategic management areas Table 8 : Suggested table of contents for the COP

5 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 ACRONYMS, ABBREVIATIONS AND TECHNICAL TERMS USED IN THIS REPORT ARDA Agricultural Rural Development Authority AREX Department of Agricultural Research and Extension CC Catchment Council CCs Catchment Councils COP Catchment Outline Plan COPs Catchment Outline Plans DNR Department of Natural Resources DPP Department of Physical Planning DWD Department of Water Development DWR Department of Water Resources EMA Environmental Management Agency FCZ Forestry Company of Zimbabwe IWRM Integrated Water Resource Management IWRMS Integrated Water Resource Management Strategy LA Local Authorities MM Ministry of Mines P&WMA Parks & Wildlife Management Agency TAZ Tourism Authority of Zimbabwe ToR Terms of Reference ZINWA Zimbabwe National Water Authority 4

6 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 5

7 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 1. INTRODUCTION 6

8 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 1.1 BACKGROUND In 1998 the Government of Zimbabwe promulgated the new Water Act [Chapter 20:24] and the Zimbabwe National Water Authority Act [Chapter 20:25], which resulted in fundamental reforms of the water sector with respect to the management and use of water. Whereas in the previous legal arrangements, water management was the responsibility of the Department of Water Development (DWD), the new Acts now provided for the creation of the Zimbabwe National Water Authority (ZINWA), and Catchment Councils (CC), in addition to DWD. Furthermore, the three entities have differing but crosscutting roles in water management. However, these roles and resultant lines of responsibilities, while spelt out in detail on paper, are so interwoven that they create implementation problems. Enshrined in the Water Act, is the principle of Integrated Water Resources Management (IWRM) that requires the formulation of a Catchment Outline Plan (COP) for every river system, jointly between the Catchment Council (CC) and the Zimbabwe National Water Authority (ZINWA). The COP is the main instrument for integrated planning, and the optimum development and management of water and related natural resources, at catchment level in Zimbabwe. It is a holistic approach to managing natural resources, human activity, and their relationship with conservation, control and protection of the water resources within a catchment. In addition to providing a framework for the efficient development and exploitation of water resources, equity in their distribution, and sustainability of their use, it addresses the catchment as an integrated unit where water development and use, and land development and use, receive equal attention. Specifically, the COP is a strategic planning tool that, in order to be effective, must address the following crosscutting issues: 1. The current state of the catchment with respect to: - Settlements and land use, including urban development; Population dynamics and demography; Commercial, industrial and mining development; Agriculture, forestry and fisheries; Tourism, the Natural Environment and conservation areas; 2. The water resources of the catchment, their current development status, and future plans for development. 3. The water demand of the above sectors of the catchment, including future requirements for the planning period. 4. The framework for water allocations to the different sectors of the catchment. 5. The requirements of the reserve and international obligations. 6. The main issues affecting water quality and quantity, and management goals for addressing critical aspects (e.g. water pollution, droughts and floods). 7

9 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 7. Management strategies and responsibilities for achieving development objectives and addressing critical issues. 8. Financial and institutional arrangements. Since the promulgation of the Water Act of 1998, only three Catchment Councils (CCs), Mazoe, Sanyati and Save have produced draft COPs for review and approval by the relevant authority. To date, none of these efforts have been approved, because of non-compliance with the specific requirements of the Water Act. The inability to produce operative COPs is primarily due to inadequate institutional capacity, arising from a historical bias by existing structures towards water supply solutions, at the expense of holistic resource management. Given this background, the requirements of the Water Act are thus onerous for the Catchment Manager and Council to deliver. The new concept of integrated planning espoused by the Act requires the infusion of new ideas, methodologies and techniques into the existing water management structures. The situation is exacerbated by the current economic downturn that has compromised organisational efficiencies through inadequate adaptation, reduced motivation, and the general brain drain of experienced professional staff. ZINWA Head Office has prepared terms of reference that outline key issues that should be covered in a COP. However, the ToR does not provide technical guidelines on the methodology of producing the indicated outputs or managing the process. In the Consultant s view, the formulation of a full COP as legally provided for in the Water Act is a complex process requiring the involvement of a multi-disciplinary team of professionals. The knowledge base that exists in the various line ministries and statutory entities will need to be systematically harnessed, including, where necessary, expertise from independent specialist consultants. In the course of developing the Pungwe River Basin Integrated Water Resources Management Strategy (IWRMS), various meetings were held with both ZINWA officials and the Pungwe Subcatchment Council, as part of the capacity building aspect of the Project. During those meetings, it was requested that some guidelines be prepared through the Project to assist CCs in the formulation of COPs. It is evident that institutional support is urgently required to facilitate the production of clear guidelines to be followed, and the methodology to be applied in the preparation of various aspects of the COP. The guidelines should include the necessary institutional resources required to achieve this, as well as options for managing the process that take into account inherent institutional capacity constraints. In addition, they should outline a collaborative framework with other technical departments of Government and statutory bodies. The Consultant s Terms of Reference (ToR) are summarised in the following subsection. 1.2 CONSULTANT S TERMS OF REFERENCE In general, the Consultant is required to prepare technical guidelines/template of sufficient scope and detail to enable the Catchment Manager and his staff to formulate a Catchment Outline Plan that complies with the Water Act, with technical assistance from ZINWA Head Office, other relevant government departments and statutory bodies. The main tasks to be undertaken in the preparation of the guidelines, and the requirements for reporting are summarised below. 8

10 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase Summary of Tasks 1. Review of the Legal Framework for the water sector in Zimbabwe in order to clearly define the requirements of a catchment outline plan. 2. Review of other statutes governing natural resources and available data and programs in place, within the related` line ministries, that can feed into the production of a COP. 3. Review of ZINWA s terms of reference for the preparation of a catchment outline plan, and consolidation of the requirements thereof for scoping with authorities and stakeholders. 4. Consultation with the following authorities and stakeholders to scope the requirements of a COP: i. Authorities Department of Water Resources (DWR); Zimbabwe National Water Authority (ZINWA); Department of Agricultural Research and Extension (AREX).; National Parks and Wildlife Management Agency (NP&WMA); Environmental Agency of Zimbabwe (EAZ); Ministry of Local Government, Public Works and Urban Development; and Ministry of Health and Child Welfare. ii. Other Stakeholders Catchment Councils; Farmers organisations; Business organisations (commerce, mining and industry); and Other affected and interested parties; 5. Formulation of draft guidelines on the preparation of a COP, based on approved requirements and available data. 6. Review of existing institutional capacity of the Catchment Manager s office and the availability of adequate data with respect to the feasibility of preparing a full COP. 7. Analysis of the institutional capacities of related line ministries and statutory entities, including relevant information therein, with respect to the provision of data and specialist advisory services for the formulation of COPs, to cater for institutional deficiencies in the Catchment Manager s Office as identified in task (6) above. 8. Formulation of an implementation strategy based on the prioritisation of COP tasks, with due regard to institutional capacity and the prevailing information status. 9. Workshop to review draft guidelines and the implementation strategy for the preparation of a COPs. 10. Production of a full Report consolidating outputs from scoping, formulation of guidelines, and the implementation strategy, as well as the record of workshop proceedings. 9

11 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 11. Production of a user-friendly pamphlet on comprehensive guidelines for the formulation of a COP in Zimbabwe Reporting The reporting structure for Guidelines for the Preparation of a COP comprises three main documents as follows: 1. A Main Report consisting of a consolidation of all the issues associated with the formulation of the Guidelines, including legal, institutional and technical aspects, as well stakeholder consultation and a summary of the main resolutions thereof. 2. Guidelines for Catchment Outline Planning, in a user-friendly format that addresses the specific requirements of a catchment outline plan, as well a structured methodology, in the form of a template, for producing it. 3. A Workshop Report that outlines details of the deliberations of a stakeholder workshop on the draft Guidelines for catchment outline planning. 1.3 STRUCTURE OF THE MAIN REPORT Section 2 presents a review of existing legal statutes concerning the requirements of a COP, and an analysis of the existing institutional framework in the water, natural resources and economic sectors of the Catchment. Available data within the various line ministries is identified, including comments on its relevance with respect to the preparation of a COP. ZINWA s terms of reference are reviewed in Section 3 with respect to legal provisions and current regional perspectives. The consolidated requirements for the COP are then presented. Section 4 presents the formulation of guidelines for the preparation of a COP, the output of which will be presented in user-friendly version of the Guidelines for Catchment Outline Planning. Section 5 provides a suggested table of contents for the Catchment Outline Plan. 10

12 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 2. REVIEW OF LEGAL AND INSTITUTIONAL FRAMEWORK 11

13 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 2.1 LEGAL FRAMEWORK As mentioned earlier, the main legal instruments governing the management of water resources in Zimbabwe are the Water Act [Chapter 20:24] of 1998, and the Zimbabwe National Water Authority Act [Chapter 20:25] of Other relevant Acts with respect to natural resource management are listed below: 1. The Environmental Management Act [Chapter 20:27] 2. Forest Act [Chapter 19:05] 3. Regional, Town and Country Planning Act [Chapter 29:12] 4. The Agricultural and Rural Development Authority Act [Chapter 18:01] 5. Parks and Wildlife Act [Chapter 20:14] 6. Tourism Act [Chapter 13:13] 7. Mines and Minerals Act [Chapter 21:05] Relevant Clauses of the above statutes are discussed in the following subsections Water Act [Chapter 20:24] Part II of the Water Act provides for water resources planning, development and management in Zimbabwe. Specifically, it legislates for the requirement of catchment outline plans as essential vehicles for the sustainable exploitation of the nation s water resources. The main context of the catchment outline plan (COP) arises from Section 11 of the Act through the declaration of river systems, under the control of catchment councils with supervision of the Zimbabwe National Water Authority (ZINWA), and within which a specific COP will be applicable. ZINWA is a statutory body that has been established under Section 3 of the Zimbabwe National Water Authority Act [Chapter 20:25]. Its functions with respect to ensuring the optimum development and utilisation of water resources of Zimbabwe are reviewed under Subsection of this presentation. Of relevance to these guidelines for the preparation of COPs are Section 12 and Section 13 of the Water Act. The former stipulates broad administrative, consultative and technical requirements for a COP, while the latter addresses the specific contents of a COP, as discussed below. Section 12 Preparation of Outline Plans Subsection 12 (1) directs that the National Water Authority, and the catchment council concerned, shall prepare an outline water development plan for every river system. A development plan contains a list of all the development projects to be implemented over the planning period, consistent with the requirement for sustainability. The involvement of ZINWA is explicit in this clause. It is further clarified under Section 5 of the ZINWA Act through paragraphs (b) and (g) of subsection 5. These respectively require ZINWA to assist and participate in or advise on any matter pertaining to the planning of the development, exploitation, protection and conservation of water resources, and to encourage and assist catchment councils to plan and 12

14 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 co-ordinate the development and management of water resources in areas under their jurisdiction. In other words, ZINWA must drive the process, and provide technical expertise in the preparation of COPs, notwithstanding the inference in these clauses that its involvement is participatory and advisory. The process of formulating the COP shall be consultative with respect to the input of other authorities and bodies concerned with sectoral development and water utilisation in the River system, as specified in Subsection 2 (a). This ensures that the collective knowledge base that exists within the various sectoral players is integrated into the formulation of the plan. Subsection 2 (b) of Section 12 requires ZINWA and the catchment council to draw up an inventory of the resources of the catchment area or catchment areas of the river system. It is clear that the resources referred hereto constitute all the natural and manmade resources of the catchment other than water, including agricultural land, fisheries, forests and national parks, urban systems and minerals. This is because integrated water resources planning and development requires that their individual developmental water needs and associated potential for polluting natural streams be taken into account. Subsection 2 (c) of Section 12 of the Water Act requires the specific consideration of the Regional Town and Country Planning Act [Chapter 29:12]. In Zimbabwe, the Regional and Town Planning Act provides for the planning of regions, districts and local areas with the objective of improving the physical environment... It is the primary vehicle for social and economic development through the regional plan and local authority master plans. The Regional Plan contains an inventory of the assets and resources of the region, and indicates the major uses of land, areas earmarked for development, major transportation and communication patterns, and measures for conservation and improvement of the environment. It guides the development of the region, consistent with its resources. The Master Plan for a local authority regulates the use of land for development, and provides a blueprint for the economic and social development of the planning area. Thus integrated water resources planning requires the COP to take into account the provisions of these planning instruments, with specific reference to land use, and plans for urban, rural and mining development as they relate to current and future needs for water, the potential for its pollution, and measures for its protection. Although the Water Act is very clear on joint responsibilities, these, in practice, regrettably tend to be no one s responsibilities. Section 13 Contents of Outline Plans Section 13 of the Act lays out the minimum requirements of the COP through the following specific clauses. Subsection 13 (1), paragraph (a) (i) This clause requires the plan to indicate the major water uses within the river system concerned, including those of the important public utilities, and any major amenity or recreation areas, areas for development and measures for the conservation and improvement of the physical environment. The major uses are inferred from subsection 1 of Section 6 of the Act. Paragraphs (b) and (c) respectively require the Minister to ensure the availability of water to all citizens for primary 13

15 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 purposes and to meet the needs of aquatic and associated ecosystems., as well as the equitable and efficient allocation of the available water resources in the national interest for the development of the rural, urban, industrial, mining and agricultural sectors. Thus the COP shall define the major water uses of these sectors with respect to global water demand for the following major consumer categories: Urban, industrial, tourism and mining water demand, including projections thereof, consistent with operative regional and master plans for development within the catchment. Current and projected rural primary water demand based on population dynamics and plans for resettlement of communities. Current and projected agricultural water demand based on issued water permits and potential irrigable lands including requirements for exotic forestry. Estimated water demand for wildlife, fisheries and related water based recreation. Water for the aquatic environment defined through the evaluation of in-stream flow requirements based on the desired state of the environment. The minimum horizon for the projection of water demand is interpreted from Section 19 of the Act, which requires a review of the COP within a period of not more that ten years from the date on which an approved outline plan came into operation. In practice planning criteria for water development is normally based on a minimum horizon of 20 years for supply. Subsection 13 (1), paragraph (a) (ii) This Clause addresses the extent to which actual volumes or the relative proportions of the potential yield or total runoff of any catchment area within the river system concerned should be apportioned between public and private development and the allocation within such an apportionment of water for the respective uses of the different sectors of the economy referred to in paragraph (c) of subsection 1 of Section 6 ; i.e. rural, urban, industrial, mining and agriculture. In addition, paragraph (a) of Section 67 requires that in considering, formulating and implementing any proposal for use, management, and exploitation of water resources, due consideration shall be given to, (a) the protection, conservation and sustenance of the environment. Thus the environment should also be considered together with economic sectors in the allocation of water. The above clause suggests that in the first instance, allocation is based on a broad apportionment between public and private uses, using aggregated water demand data derived for the consumer categories specified under Subsection 13 (1), paragraph (a) (i). The difficulty lies in interpreting what is public use and private use. The Act does not provide further guidance. For instance, water supplied to public utilities for urban consumption is ultimately consumed by private homes, industries, private and public institutions, and public social facilities. Water supplied to agriculture is consumed by private farms and public farming estates such as ARDA, and that supplied for recreation is used by private hotels and public wildlife facilities and fisheries. A possible way around this conundrum is to define private and public water use at catchment level as follows: 14

16 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 1. Public Use This is water use for which the water permit covers collective urban, rural domestic and recreational use, including uses for primary purposes by rural villages and for agricultural purposes by the Agricultural and Rural Development Authority, and water for the environment. 2. Private Uses All other uses other than those indicated above, including agricultural irrigation on private farms, mining, private institutions and private tourist facilities. In Zimbabwe, the total runoff refers to the average annual flow at the downstream boundary of the catchment, sub-catchment or river system, and the potential yield thereof is based on a specified risk factor of 4% for primary supply, and 10% for use by agriculture, in the case of surface water. For groundwater, the potential yield of the aquifer is applied. Subsection 13 (1), paragraph (a) (iii) This clause requires the COP to define the maximum permissible levels of pollution within the catchment area concerned, subject to prescribed quality standards. In Zimbabwe, the control of water pollution operates through the polluter pays principle. Paragraph (a) of subsection 1 of Section 69 empowers ZINWA to issue permits authorising the discharge or disposal prohibited by subsection 1 of Section 68 and specifying the quantity and quality of the discharge or disposal concerned, subject to prescribed standards of quality and any operative outline plan. Paragraph (c) of subsection (1) of Section 69 allows for the imposition of a fee as may be prescribed in relation to the discharge or disposal concerned. The classification criteria for the issue of discharge permits is set out in the Water (Waste and Effluent Disposal) Regulations, SI 274 of 2000 and is as follows Blue permit for environmentally safe disposal. Green permit for disposal with low environmental hazard. Yellow permit for disposal with medium environmental hazard. Red permit for disposal with high environmental hazard. The classification criteria are generally based on ambient water quality. Sensitive areas, within which a blue permit is mandatory, are also specified on the basis of whether the water is intended for drinking water abstraction, or requiring special protection for environmental or fisheries purposes or is susceptible to eutrophication. The COP should contain a list of all such sensitive river catchment areas. Subsection 13 (1), paragraph (a) (iv) This clause requires the COP to indicate the manner in which its proposals are justified by the inventory drawn up in terms of subsection (2) of Section 12. In other words, the COP should provide justification for its proposals with respect to proposed sectoral developments and the allocation of water thereto, taking into account the availability of water and other related natural resources, as well as operative regional and master plans. In particular, the COP must produce 15

17 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 a water balance for the planning period based on the inventory of water resources, and proposed development scenarios. Subsection 13 (1), paragraph (a) (v) This Clause requires the COP to indicate the phasing of any development and the order of priorities in respect of the proposals in the outline plan and the reasons therefor. Although none of the previous clauses under Section 13 specifically refers to development proposals, subsection (1) of Section 12, requires ZINWA and the CC to prepare water development plans. It is also implicit in paragraph (a) of subsection (1) of Section 13 that in allocating water for the respective uses of the different sectors of the economy, water development scenarios are concomitantly defined in the process. Furthermore, the COP should indicate the phasing of these developments based on regional and master plans, as well as local and national priorities. Subsection 13 (1), paragraph (b) Paragraph (b) requires the COP to state the relationship of the proposals in the outline plan to such major proposals for the use of water that may be: (i) expected to affect the catchment area or catchment areas of the river system concerned, and others that are (ii) set out in the outline plans in respect of any contiguous river system. Subclause (i) is rather ambiguous, but most likely refers to the impacts of major proposed water uses on the status quo, including prevailing water allocation regimes, proposals for urban and agricultural expansions, and plans for environmental protection in the catchment. On the other hand, these issues are assumed to be addressed and resolved in the water balance for the catchment. Where there are major water uses from the river system under consideration by other downstream or contiguous systems, Subclause (ii) requires the COP to take into account these major uses in the outline plan, and their inclusion in the water balance for the catchment. Subsection 13 (1), paragraph (c) This clause addresses the reservation of potential dam sites and water for future use. Related to it, is subsection 1 of Section 56 that provides a list of activities prohibited in reserved areas. Subclauses (i) and (ii) respectively require the COP to specify areas reserved for dam sites and dam basins, and the proportion of the available water in any catchment area within the river system concerned which should be reserved for an indefinite period for future use or for the benefit of the environment, subject to such conditions, if any as may be specified in the outline plan. The reserved water is that proportion of available resources which is the sum of the volumes comprising that which should not be considered for allocation over the duration of the operative outline plan, and that which is reserved for in-stream flow requirements. Subsection 13 (1), paragraph (d) This clause allows the COP to address such matters other than matters referred to in paragraphs (a), (b) and (c), as the Minister may prescribe. These would normally be matters 16

18 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 motivated by specific policy, water shortage, international agreements, re-delineation of subcatchment areas among others. Subsection 13 (2) This clause requires the COP to clearly indicate the priorities in the utilisation and allocation of water, taking into account policy guidelines provided by the Minister. The operative terms of this clause are utilisation and allocation. The former refers to the purpose to which the water resource is employed i.e. urban consumption, primary use, agriculture or mining. In practice priority is invoked during periods of severe water shortage. The COP is required to indicate these priorities consistent with national policy. Allocation refers to how the water is shared among competing users as and when it is generally available. The COP shall indicate proportional shares for application in the allocation of water to the major user groups in the catchment. Subsection 13 (3) This clause requires the COP to make provision for changes in priorities for use, development and allocation of water, where they are necessitated by changes in the availability of water or social or economic priorities. This means that the COP must be flexible in structure to preclude complete reformulation in the event that the necessary changes are desired. It must also address, through sensitivity analyses, the implications of redefining priorities and development objectives, and modifying water allocation regimes, on the sustainable and efficient use of water, as well as the impact of any changes on the local and national economy. Subsection 13 (4) This clause defines the structure and format of the COP, which must consist of a statement in writing accompanied by such descriptive matter, diagrams, illustrations and maps as may be prescribed. The closing phrase as may be prescribed implies that someone will define the detailed structure and format of the COP. It is assumed that the Minister, through the Department of Water Resources, has this responsibility. Subsection 13 (5) On completion of the draft COP, ZINWA shall refer it to the Secretary for examination and recommendation Zimbabwe National Water Authority Act [Chapter 20:25] The enactment of this statute established the Zimbabwe National Water Authority (ZINWA). Of relevance to the COP is Section 5 that outlines the Functions of the Authority. Paragraphs (b) and (g) of subsection (1) of Section 5 of the ZINWA Act discussed above under Section 12 of the Water Act, summarise the involvement of ZINWA in the formulation of COPs. Paragraph (a)(i) of subsection (1) of Section 5 of the ZINWA Act tasks the Authority to advise the Minister on the formulation of national policies and standards on water resources planning, management and development. Thus ZINWA has direct input in defining the nature and scope 17

19 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 of COPs through this provision. This includes issues related to water quality and pollution control, and environmental protection as stated under paragraph (a) (i) of subsection 1 of Section 5. ZINWA is essentially an engineering organisation. The character of its institutional capacity is reflected in its functions, as outlined in paragraphs (h) to (k) of subsection (1) of Section 5 of the ZINWA Act, the essence of which is discussed below. 1. Paragraph (h) requires ZINWA to operate and maintain any water works owned or managed by the authority and to sell any water therefrom, to dispose of waste water, to construct boreholes, and to provide design and construction services. These are engineering services that require engineering professionals and technicians to undertake. They also address the supply side of water resources development and management (ie design and construction of dams, treatment plants, pipelines, boreholes, and the operation of water supply facilities). 2. According to paragraph (i), ZINWA shall provide at a fee all forms of assistance, including technical assistance, personnel, advisory and training, information and other services to government, local authorities and catchment councils in connection with the exploitation, development, management and distribution of water resources. It is evident that the emphasis in this clause is on developing water resources through the provision of infrastructure, to cater for the supply side of the resource. 3. As set out in paragraph (j), the Authority shall undertake research studies and develop a database on hydrological issues pertaining to or of interest to Zimbabwe and to publish findings and any other data compiled by the Authority. Furthermore paragraph (k) requires ZINWA to conduct hydrological and geographical surveys and to produce plans, and maps or other information necessary in the planning, development and exploitation of water resources. Hydrological issues deal with the quantity and reliability of water resources. Its understanding is essential for the economic exploitation of water resources. Whereas the above functions focus on engineering solutions to facilitate the utilisation of water, sustainability in the exploitation of water is contingent upon the consideration of all natural resources that require it for their development and use. ZINWA structures, with respect to the human resource establishment, reflect its functions as provided for in the ZINWA Act. These include the following professional disciplines. Water engineers and technicians for the engineering planning, design and construction of water supply projects. Hydrologists for the assessment of the quantity and reliability of surface water resources. Hydrogeologists for the assessment of the quantity and reliability of underground water resources. Chemists and microbiologists to manage the quality of the nation s surface and underground water resources. Administrative and financial management support staff. 18

20 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 Previous discussions have referred to the catchment outline plan as an instrument of integrated water resources planning, management and development, because it addresses the catchment as an integrated unit where water development and use, and land development and use, receive equal attention. The inadequacy of ZINWA structures to discharge the cross-cutting functions required in the formulation of an outline plan for the catchment unit is evident Regional Town and Country Planning Act [Chapter 29:12] As mentioned earlier, this Act provides for the regulated planning of the development of areas in Zimbabwe, primarily for urban and rural settlements. Subsection (1) of Section 10 of the Act provides for the formation of local planning authorities that are defined under the following paragraphs: Paragraph (a) : every municipal council or town council for the area under its jurisdiction. Paragraph (b) : every rural district council or local board for the area under its jurisdiction Paragraph (c) : the Minister of Environment and Tourism, for the national parks and wildlife land. The above authorities shall be responsible for preparing Master and Local Plans to guide the development of areas under their jurisdiction. As indicated earlier, Subsection 2 (c) of Section 12 of the Water Act requires that these planning instruments be taken into account in the formulation of COPs. Their relevance is obvious because they define the nature of urban and rural development, which are among some of the major water users, as well as sources of its pollution. Section 63 of the Act provides for the appointment of a Director of Physical Planning (DPP) who shall be suitably qualified in physical planning, whose office shall be a public office and form part of the Public Service. In practice, the department of Physical Planning assists the Minister in the control of developments as required by the Act. In addition, it provides guidance and specialist resources in the formulation of regional, master and local plans by planning authorities, to ensure that they comply with the provision of the Act. In effect, it is the central planning authority for the development of areas in Zimbabwe. All area development plans in Zimbabwe are lodged with Physical Planning for scrutiny, before approval by the Minister Environmental Management Act [Chapter 20:27 This Act provides for the sustainable management of natural resources, their protection, and the prevention of pollution and environmental degradation, among other issues. It is the umbrella legislation for environmental management in Zimbabwe, in that it integrates issues related to the environment that are raised in the various statutes. Relevant sections of the Act are discussed hereunder. Section 3 : Application of this Act in relation to other Acts Subsection (1) of Section 3 clarifies the relationship of this Act with other statutes with respect to environmental management. It requires that the Act be deemed to be in addition to and not in substitution for any other law which is not in conflict or inconsistent with it, except where it is 19

21 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 stated to the contrary. Subsection (2) further clarifies that if any other law is in conflict or inconsistent with this Act, this Act shall prevail. In other words, it complements the provisions related to the environment that are given in other Acts, which shall also be subservient to it. The relevance of this Act with respect to COPs is found in specific clauses under Sections 5, 9, 10, 11, 12, 55, 56, and the Fourth Schedule. Section 5 : General Functions of the Minister Paragraphs (a) and (b) of Subsection (1) of Section 5 respectively provide for the regulation by the Minister of the management of the environment, and the promotion, co-ordination and monitoring of environmental protection and pollution control, and; the regulation of the activities of all government agencies and other agencies with respect to their impacts on the environment. Paragraph (d) further tasks the Minister with the monitoring of the utilisation of natural resources with respect to impacts on the environment. It is clear from the above clauses that the Minister responsible for the Environmental Management Act must be consulted in the preparation of COPs to facilitate environmental vetting of the activities proposed in the plan, with respect to their potential effect on the environment, as well as measures for pollution control. Such consultation is also required under paragraph (a) of subsection (2) of Section 12 of the Water Act. This suggests that an outline plan must have a clear statement on the environment. Section 10 : Functions and Powers of the Agency The Environmental Management Act, through Section 9, provides for the establishment of an Environmental Management Agency (EMA) whose functions are outlined in Section 10 of the Act. Paragraph (a) of Subsection 1 of Section 10 confers the responsibility to formulate quality standards on air, water, soil, noise, vibration, radiation and waste management on the EMA. Arising from paragraph (a) (iii) of subsection (a) of Section 13 of the Water Act, it is evident the EMA shall be responsible for prescribing minimum quality standards and the maximum permissible levels of pollution within the catchment area concerned. This includes the regulation and monitoring of discharge into the environment of any pollutants, as provided for under paragraph (b) (iii) of subsection 1 of Section 10 of the Environmental Management Act. This arrangement is confirmed by Amendments to Acts under Part II of the Sixth Schedule of the Environmental Management Act, as follows: Paragraph (k) of Subsection 6 (2) of the Water Act that requires the Minister responsible to fix standards to be maintained in the exploitation, utilisation, conservation and management of water resources is amended to include, in respect of environmental water quality standards as set out by the Minister of the Environment in terms of the Environmental Management Act.. Paragraph (a) (iii) subsection 13 (1) of the Water Act that refers to prescribed quality standards to be changed to quality standards as prescribed in terms of the Environmental Management Act. 20

22 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 The above amendments to the Water Act serve to dispense with any conflict that might arise between the two acts with regard to the management of water quality. In terms of paragraph (b) (vii) of subsection (1) of Section 10 of the Environmental Management Act, the EMA shall regulate and monitor the management and utilisation of ecologically fragile ecosystems. These ecosystems may be construed to include both aquatic and terrestrial ecosystems. Related to this Clause, is paragraph (c) (ii) of subsection 1 of Section 13 of the Water Act, which requires the COP to specify the proportion of the available water in any catchment area which should be reserved for an indefinite period for the benefit of the environment, subject to such conditions, if any, as may be specified in the outline plan. These clauses suggest that the COP shall define instream flow requirements based on the desired state of the environment, the need to safeguard ecological diversity, and the sensitivity of the aquatic system, after Consultation with, and approval by the EMA. From the above discussion, it is evident that the EMA are an integral part of the process in the formulation of the COP. Section 11 : Establishment of Environmental Management Board A Board that oversees the activities of the EMA is established through the provisions of Section 11 of the Environmental Management Act. Its composition is defined by Section 12 to include experts from the following fields: Environmental planning and management; Environmental economics; Ecology; Pollution; Waste Management; Soil Science; Hazardous substances; Water; Sanitation; and Law. The above list provides a multidisciplinary reservoir of professional skills that ensures that the activities of EMA related to environmental planning and management are adequately monitored, and that effective policies on the environment are formulated. The knowledge base covers all the conservation areas that are critical to the integrity of the nation s water resources. COP s can beneficially draw from this knowledge base in the process of consultation. Sections 55 & 56 : Establishment & Functions of the Standards Enforcement Committee Deferring to the Board, is the Standards and Enforcement Committee (SEC), established under Section 55. The functions of SEC that are relevant to COPs are summarised below from Section

23 Pungwe River Basin Integrated Water Resources Management Strategy Catchment Outline Plan Guidelines for Zimbabwe MAIN REPORT Development Scenario Phase2 1. To recommend to the Board minimum water quality standards for the different major uses of water. 2. To assist the board in setting conditions for discharge of effluent into the environment. 3. To recommend to the Board guidelines or regulations for the protection of fishing and aquatic areas, water sources and reservoirs, and other areas requiring special protection. SEC shall execute its functions as provided for under Section 55, in consultation with EMA. The quality standards referred to under Paragraph (a) of Subsection 1 of Section 10 above shall be devised by SEC. In determining the proportion of the available water which should be reserved for the benefit of the environment and conditions thereof, as required under paragraph (c) (ii) of subsection 1 of Section 13 of the Water Act, COPs shall take into account guidelines and regulations formulated by SEC. The Fourth Schedule of the Environment Management Act gives the statutory composition of SEC. It is a multidisciplinary group of experts that covers virtually all areas of natural resource development and management, including water resources, agriculture, energy, forestry, mining and the environment. This diversified knowledge base exists in what is a ready-made statutory entity, whose functions are predicated in law. It can therefore be strategically employed in the formulation of COPs, to bridge the knowledge gap that currently compromises the effectiveness of ZINWA and CCs in producing outline plans that truly embrace the concept of integrated water resources planning, development and management Parks and Wildlife Act [Chapter 20:14] of 1996 The Act provides for the establishment of national parks, botanical reserves, botanical gardens, sanctuaries, safari areas and recreational parks. It makes provision for the preservation, conservation, propagation or control of wildlife, fish and plants of Zimbabwe, and the protection of the natural landscape and scenery. Amendment No 19 of 2001, has effected several changes to the Act. This has resulted in the establishment of the Parks and Wildlife Management Authority. The core functions of the Authority, including the definition of protected areas remain essentially the same as provided for in the principal Act. Of relevance to COPs, are Sections 21 and 40 of the Parks and Wildlife Act, which define national parks, and recreational parks. Section 21 defines the purpose of national parks as to preserve and protect the natural landscape and scenery therein, and to preserve and protect wild life and plants and the natural ecological stability of wildlife and plant communities thereof. The purpose of recreational parks is defined under Section 40 as to preserve and protect the natural features therein for the enjoyment, benefit and recreation of the public. National parks and recreational areas therein, form the hub of tourism in Zimbabwe. Consequently, they are an important economic resource for the sector. COPs, as provided for under paragraph 13 (1) (c) (ii) of the Water Act, shall specify the proportion of available water that should be reserved for the natural environment, from which the greater proportion of national parks areas derive. It is evident that the Parks and Wildlife Management Authority 22