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Art.4 |
Article 4 |
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Art.4.1x |
The Parties shall, individually and, where appropriate, jointly, develop and adopt technical, legal, administrative and other reasonable measures in order to- |
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Art.4.1x.a |
(a) prevent, reduce and control pollution of surface and ground waters, and protect and enhance the quality status of the waters and associated ecosystems for the benefit of present and future generations; |
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Art.4.1x.b |
(b) prevent, eliminate, mitigate and control transboundary impacts; |
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Art.4.1x.c |
(c) co-ordinate management plans and planned measures; |
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Art.4.1x.d |
(d) promote partnership in effective and efficient water use; |
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Art.4.1x.e |
(e) promote the security of relevant water related infrastructures and prevent accidents; |
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Art.4.1x.f |
(f) monitor and mitigate the effects of floods and droughts; |
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Art.4.1x.g |
(g) provide warning of possible floods and implement agreed upon urgent measures during flood situations; |
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Art.4.1x.h |
(h) establish comparable monitoring systems, methods and procedures; |
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Art.4.1x.i |
(i) exchange information on the water resources quality and quantity, and the uses of water; |
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Art.4.1x.j |
(j) promote the implementation of this Agreement according to its objectives and defined principles; |
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Art.4.1x.k |
(k) implement capacity building programmes in accordance with Article 14; and |
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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.7 |
Article 7 |
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Art.7.1 |
(1) The Parties shall be entitled, in their respective territories, to optimal and sustainable utilisation of and benefits from the water resources of the Incomati and Maputo watercourses, taking into account the interests of the other Parties concerned, consistent with adequate protection of the watercourses for the benefit of present and future generations. |
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Art.7.2 |
(2) The Parties shall co-ordinate their management activities by- |
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Art.7.2.a |
(a) the exchange of information on their respective experiences and perspectives; and |
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Art.7.2.b |
(b) the co-ordination of management plans, programmes and measures. |
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Art.7.3 |
(3) In pursuing the objective of this Article, the Parties shall follow the flow regimes stipulated in Annex I as determined according to Article 9. |
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Art.7.4 |
(4) In further pursuance of the objective of this Article the Parties disclose in Annex II their intentions of developing new projects that fall outside the scope of Annex I during the period of validity of this Agreement. |
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Art.7.5 |
(5) The Parties are committed to develop measures towards improvement of efficiency and rational use of water and its conservation and to promote more efficient water use through adopting better available technology. |
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Art.8 |
Article 8 |
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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.8.1.a |
(a) endeavour to develop an evolving classification system for the water resources of the Incomati and Maputo watercourses; |
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Art.8.1.b |
(b) classify and state the objectives and criteria in respect of water quality variables to be achieved through the agreed classification system for the water resources; |
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Art.8.1.c |
(c) adopt a list of substances the introduction of which, into the water resources of the Incomati and Maputo watercourses, is to be prohibited or limited, investigated or monitored; |
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Art.8.1.d |
(d) adopt techniques and practices to prevent, reduce and control the pollution and environmental degradation of the Incomati and Maputo watercourses that may cause significant harm to the other Parties or to their environment, including human health and safety, or to the use of the waters for any beneficial purpose, or to the living resources of the watercourses; and |
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Art.8.1.e |
(e) implement a regular monitoring programme, including biological and chemical aspects for the Incomati and Maputo watercourses and report, at the intervals established by the TPTC, on the status and trends of the associated aquatic, marine and riparian ecosystems in relation to the water quality of the said watercourses. |
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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.11 |
Article 11 |
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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.11.2 |
(2) The Parties shall, individually and, where appropriate, jointly, develop contingency plans for responding to any incidents of accidental pollution and other emergency situations in co-operation, where appropriate, with other potentially affected Parties and competent international organisations, to take immediately all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate the harmful effects of the emergency. |
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Art.12 |
Article 12 |
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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.12.2 |
(2) The Parties shall exchange data, information and study reports on the activities that are likely to cause significant transboundary impacts. |
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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.12.4 |
(4) The Parties shall exchange information and consult each other and if necessary, negotiate the possible effects of planned measures on the condition of the Incomati and Maputo watercourses. The Parties shall employ their best efforts to collect and where appropriate, to process data and information in a manner, which facilitates its utilisation by the other Party to which it is communicated. |
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Art.12.5 |
(5) If a Party is requested by another Party to provide data or any information in subArticles (1) and (2), and that information is not readily available, it shall employ its best efforts to comply with the request but may condition its compliance upon payment by the requesting Party of the reasonable costs of collecting and where appropriate processing such data or information. |
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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.12.8 |
(8) The Parties shall create the necessary conditions to ensure that, in conformity with applicable domestic law or International Law, information on matters covered by this Agreement is available to whoever makes a reasonable request. |
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Art.13 |
Article 13 |
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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.13.2 |
(2) Whenever, a planned measure, not listed in Annex II, is likely to cause a significant transboundary impact or any of the Parties expresses concern that such may occur, it 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.13.4 |
(4) Whenever an ongoing activity causes or is likely to cause a significant transboundary impact, which will lead the Party to fail to comply with an obligation under Articles 4, 8 or 9, the national procedures on the subject shall apply and the Parties concerned shall endeavour to address the matter through the co-ordination of management plans, programmes or measures. |
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Art.14 |
Article 14 |
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Art.14.1 |
(1) The TPTC shall - |
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Art.14.1.a |
(a) identify capacity building programmes necessary for the implementation and monitoring of this Agreement; and |
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Art.14.1.b |
(b) prioritise the capacity building programmes for implementation. |
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Art.14.2 |
(2) The Parties shall, individually and, where appropriate, jointly, be responsible for ensuring that capacity is developed in their respective States and in the shared basins to effectively implement this Agreement. |
