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Pre.3 |
BEARING IN MIND the principles advocated in the Declaration by the Heads of State or Government of Southern African States “Towards the Southern African Development Community” and the Treaty of the Southern African Development Community signed on 17 August 1992 and the Revised Protocol on Shared Watercourses in the Southern African Development Community signed on 7 August 2000; |
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Pre.4 |
HAVING RESOLVED to pursue the guidelines established by the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Portugal in regard to Rivers of Mutual Interest and the Cunene River Scheme signed on 13 October 1964, to which the Republic of Mozambique succeeded in 1975 and the Kingdom of Swaziland acceded to in 1967; |
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Pre.5 |
MINDFUL of the spirit of co-operation and good understanding reached by the implementation of the Piggs Peak Agreement of 15 February 1991; |
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Pre.6 |
TAKING INTO ACCOUNT the modern principles and norms of International Law as reflected in the Convention on the Law of the Non-Navigational Uses of International Watercourses adopted by the General Assembly of the United Nations on 21 May 1997; |
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Pre.9 |
EXPRESSING the common desire to proceed with sustainable development on the basis of Chapter 18 of Agenda 21, adopted by the United Nations Conference on Environment and Development on 14 June 1992; |
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Art.3.1x |
For purposes of this Agreement, the general principles of the Protocol shall apply, especially- |
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Art.4.1x.l |
(l) co-operate with the SADC organs and other shared watercourse institutions. |
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Art.5.1 |
(1) The joint body for co-operation between the Parties shall be the TPTC. |
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Art.5.2 |
(2) The TPTC shall exercise the powers established in this Agreement, as well as those conferred by the Parties, in order to pursue the objectives and provisions established herein. |
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Art.5.3 |
(3) For the purpose of implementation of this Agreement the TPTC shall meet at least twice a year. |
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Art.5.5 |
(5) After the entry into force of this Agreement, the TPTC shall adopt, by consensus, rules of procedure which will govern its meetings. Until such rules of procedure are adopted by the TPTC, those contained in the TPTC Agreement shall govern such sessions of the TPTC, taking into account the provisions of subArticles (3) and (4). |
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Art.8.1 |
(1) In order to protect and conserve the water resources of the Incomati and Maputo watercourses, the Parties shall, through resolutions adopted by the TPTC, and, when appropriate, through the co-ordination of management plans, programmes and measures, proceed to- |
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Art.8.2 |
(2) Until such time that water quality objectives and criteria are determined, the Parties shall comply with the provisions of the Resolution of the TPTC on Exchange of Information and Water Quality. The Resolution may be reviewed by the TPTC from time to time. |
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Art.9.1 |
(1) The agreed flow regime of the Incomati watercourse is contained in Annex I, which complements the flow regime as determined in the Piggs Peak Agreement, and the agreed flow regime of the Maputo watercourse is contained in the same Annex. |
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Art.9.4.b |
(b) the importance to Swaziland of developing the Lower Usuthu Smallholder Irrigation Project in the Usuthu River catchment; and |
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Art.11.1 |
(1) The Parties shall, without delay and by the most expeditious means available, notify other potentially affected Parties, the SADC organs or any other authorized institutions and competent international organisations of any incidents of accidental pollution and other emergency situations originating within their respective territories and shall promptly supply the necessary information to such affected Parties and competent organisations with a view to co-operate in the prevention, mitigation and elimination of the harmful effects of the emergency. |
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Art.12.1 |
(1) The Parties shall, within the TPTC, exchange available information and data regarding the hydrological, geohydrological, water quality, meteorological and environmental condition of the Incomati and Maputo watercourses to enable planning, development and management of these shared watercourses. |
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Art.12.3 |
(3) To enable compliance with subArticle (2), the polluting substances subject to special attention shall be as agreed in the Resolution and regularly reviewed by the TPTC. |
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Art.12.6 |
(6) The Parties shall provide one another, at intervals agreed to by the TPTC, information on the use, quantity and quality of the water resources and the ecological state of the Incomati and Maputo watercourses necessary for the implementation of this Agreement. |
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Art.12.7 |
(7) The Parties shall develop the appropriate measures to ensure that the information is homogeneous, compatible and comparable, as agreed by the TPTC. |
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Art.13.1 |
(1) Planned measures listed in Annex II, regardless of their location, that by themselves or by accumulation with the existing ones, have the potential of a significant transboundary impact on the watercourse, shall not commence before the provisions of Article 4(1) of the Protocol are complied with. |
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Art.13.3 |
(3) In case of a planned measure involving significant transboundary impact of substantial magnitude the Parties shall conduct an environmental impact assessment, which takes transboundary impact into account in accordance with procedures determined by the TPTC. |
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Art.14.1 |
(1) The TPTC shall - |
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Art.15.3.c |
(c) The arbitrators shall be appointed within a three month period. Should the time limit elapse and any one of the disputing parties have not appointed any arbitrator, the arbitrator shall be appointed by the President of the SADC Tribunal at the request of a Party. Pending the establishment and entering into operation of the SADC Tribunal the aforementioned appointment shall be made by the President of the International Court of Justice. |
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Art.15.3.d |
(d) In case of a dispute between the arbitrators designated by the disputing parties as to the designation, within two months, of the final arbitrator, the latter shall be designated by the President of the SADC Tribunal at the request of a Party. Pending the establishment and entering into operation of the SADC Tribunal the aforementioned designation shall be made by the President of the International Court of Justice. |
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Art.15.3.e |
(e) Based on International Law and in particular on the basis of this Agreement, the rules of procedure to be followed by the arbitral tribunal shall be decided by the tribunal, who shall also determine the distribution between the disputing parties of the costs of the arbitration. |
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Art.15.3.f |
(f) The arbitral tribunal shall render its decisions in accordance with the provisions of this Agreement and International Law. |
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Art.16.1x |
The Annexes are an integral part of this Agreement. Annexes I, II, III, IV and V can be modified by a decision of the Ministers upon recommendation by the TPTC. |
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Art.19.2.c |
(c) register this Agreement with the Secretariat of the United Nations and with the SADC Secretariat; and |
