FAOLEX Database

Mozambique - Aqualex Profiles

Framework Law

The main law applicable to water resources management, which covers all of the following areas: administration; management, conservation and use of freshwater resources; water rights; waterworks; water supply
No legislation available

Constitutional provisions

Constitution of the Republic of Mozambique (Revised 2018).
Date of original text: 16 November 2004 (2018)

Natural resources: The State and the local authorities, with collaboration from associations for environmental protection, shall adopt policies to protect the environment and shall promote the rational use of all natural resources (Art. 90). Within the framework of sustainable development, the State shall adopt policies aimed at: guaranteeing the rational use of natural resources and safeguarding their capacity to regenerate, ecological stability and rights of future generations; e) promoting territorial ordinance with a view to ensuring the correct location of activities and balanced socio-economic development (Art. 117). In matter of territory and sovereignty, article 6 stipulates that the breadth, limits and legal order of Mozambique’s territorial waters, the exclusive economic zone, the contiguous zone and seabed rights shall be fixed by law. Article 98 establishes that natural resources in the soil and the subsoil, in inland waters, in the territorial sea, on the continental shelf and in the exclusive economic zone shall be the property of the State.

Agriculture

Water used for irrigation, forestry and aquaculture
Act No. 16/91 regulating water resources belonging to the public domain.
Date of text: 03 August 1991
Resolution No. 11/2019 approving the National Plan for Water Resources Management.
Date of text: 12 March 2019
Decree No. 43/2007 approving the Regulation for licensing the concessions of water use.
Date of text: 30 October 2007

Water Supply and Sanitation

Provision of water services by public utilities or commercial organizations; water supply for domestic, industrial or other purposes; right to safe and clean drinking water and basic sanitation; quality of piped water; sewerage
Act No. 16/91 regulating water resources belonging to the public domain.
Date of text: 03 August 1991
Resolution No. 11/2019 approving the National Plan for Water Resources Management.
Date of text: 12 March 2019
Resolution n. 40/2018 approving the Water Sector Action Plan for the Implementation of the Sustainable Development Objectives 2015-2030.
Date of text: 24 October 2018

Governance

The political, social, economic and administrative systems that govern water management and conservation; good practices; good governance; decentralization; water user’s associations
Decree No. 26/91 creating the Regional Water Administrations (ARA).
Date of text: 14 November 1991
Resolution No. 19/2015 approving the Statute of the Ministry of Public Works, Housing and Water Resources.
Date of text: 17 July 2015
Decree No. 9/2012 creating the National Institute of Irrigation (INIR).
Date of text: 11 May 2012

Infrastructure

Waterworks; water supply systems; dams; hydropower systems; irrigation systems
Resolution No. 11/2019 approving the National Plan for Water Resources Management.
Date of text: 12 March 2019
Resolution No. 19/2015 approving the Statute of the Ministry of Public Works, Housing and Water Resources.
Date of text: 17 July 2015
Decree No. 9/2012 creating the National Institute of Irrigation (INIR).
Date of text: 11 May 2012

Water Resources Management and Water Rights

Ownership and control of water resources; abstraction and diversion of water; allocation and quotas; riparian rights; priority of rights; free water use
Act No. 16/91 regulating water resources belonging to the public domain.
Date of text: 03 August 1991
Resolution No. 11/2019 approving the National Plan for Water Resources Management.
Date of text: 12 March 2019
Resolution n. 40/2018 approving the Water Sector Action Plan for the Implementation of the Sustainable Development Objectives 2015-2030.
Date of text: 24 October 2018

Water and Environment

Water in environmentally-sensitive areas; ‘water demand’ by ecosystems; protection forests; water conservation zones; environmental impact assessment
Resolution No. 11/2019 approving the National Plan for Water Resources Management.
Date of text: 12 March 2019
Resolution n. 42/2016 approving the Water Policy.
Date of text: 30 December 2016
Resolution No. 19/2015 approving the Statute of the Ministry of Public Works, Housing and Water Resources.
Date of text: 17 July 2015

Water Quality and Pollution Control

Control of pollution and quality of freshwater bodies and groundwater; agricultural point and non-point sources of pollution; water quality standards
Act No. 16/91 regulating water resources belonging to the public domain.
Date of text: 03 August 1991
Resolution No. 11/2019 approving the National Plan for Water Resources Management.
Date of text: 12 March 2019
Resolution n. 40/2018 approving the Water Sector Action Plan for the Implementation of the Sustainable Development Objectives 2015-2030.
Date of text: 24 October 2018

Groundwater

Freshwater resources located below the surface of the earth; aquifers; groundwater abstraction; well-sinking; boreholes; hydrogeology
Resolution No. 11/2019 approving the National Plan for Water Resources Management.
Date of text: 12 March 2019
Decree No. 18/2012 approving the Regulation on Research and Exploitation of Groundwater (RPEAS).
Date of text: 05 July 2012
Decree No. 15/2004 approving the Regulation on municipal water supply and wastewater treatment.
Date of text: 15 July 2004

Disaster Resilience

Water-related hazards; flood; drought; water shortage; adaptation to climate change; early warning system/emergency intervention system
Resolution No. 11/2019 approving the National Plan for Water Resources Management.
Date of text: 12 March 2019
Resolution n. 40/2018 approving the Water Sector Action Plan for the Implementation of the Sustainable Development Objectives 2015-2030.
Date of text: 24 October 2018
Resolution n. 42/2016 approving the Water Policy.
Date of text: 30 December 2016

Transboundary Waters

Transboundary effects; international basin institutions; international agreements; transboundary coordination; transboundary aquifers
Resolution No. 53/2004 ratifying the International Agreement between the Republics of Mozambique, South Africa and Swaziland on the Protection and Sustainable Use of Incomati and Maputo Water Courses.
Date of text: 01 December 2004
Agreement on the Establishment of the Zambezi Watercourse Commission.
Date of text: 13 July 2004
Tripartite Interim Agreement Between the Republic of Mozambique and the Republic of South Africa and the Kingdom of Swaziland for Co-Operation on the Protection and Sustainable Utilisation of the Water Resources of the Incomati and Maputo Watercourses.
Date of text: 29 August 2002

Policies

Resolution No. 11/2019 approving the National Plan for Water Resources Management.
Date of text: 12 March 2019
Resolution n. 40/2018 approving the Water Sector Action Plan for the Implementation of the Sustainable Development Objectives 2015-2030.
Date of text: 24 October 2018
Resolution n. 42/2016 approving the Water Policy.
Date of text: 30 December 2016
Resolution No. 12/2015 approving Governmental Five-Year Programme 2015-2019.
Date of text: 14 April 2015
Intended Nationally Determined Contribution (INDC) of Mozambique to the United Nations Framework Convention on Climate Change (UNFCCC).
Date of text: 10 December 2019
National Strategy and Action Plan of Biological Diversity of Mozambique (2015-2035).
Date of text: 10 December 2019
National Sustainable Development Programme (PNDS) - Rural, Sustainable and Inclusive Growth.
Date of text: 10 December 2019
National System for Monitoring and Evaluation of Climate Change, October 2014.
Date of text: 28 October 2014
National Strategy for Adaptation and Mitigation of Climate Change, 2013-2025.
Date of text: 10 December 2019
Strategic Plan for the Development of the Agrarian Sector 2011-2020 (PEDSA).
Date of text: 01 May 2011
Governmental Five-Year Programme 2010-2014.
Date of text: 01 April 2010
National Adaptation Programme of Action (NAPA), December 2007.
Date of text: 04 December 2007
Resolution n. 46/2007 approving the Water Policy.
Date of text: 30 October 2007
National Strategy for Water Resources Management.
Date of text: 01 August 2007
Environmental Strategy for the Sustainable Development of Mozambique.
Date of text: 10 December 2019
Master Plan for prevention and mitigation of natural calamities 2005-2009.
Date of text: 10 December 2019

Main basins

Lurio
Búzi
Chilwa Lake
Pungwe
Sabi
Komati
Limpopo
Maputo
Rovuma/Ruvums
Umbeluzi
Incomati
Lake Niassa
Zambesi