See also chapters:
I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS
III. GROUNDWATER DEVELOPMENT AND CONSERVATION
V. IRRIGATION WATER DEVELOPMENT
As used in this Chapter, the concept of water resource development has regard to structural works intended (a) generally to harness the potential of a natural body of surface water for beneficial uses, and to bestow additional benefits in terms primarily of flood damage prevention; and (b) to protect life and property from flooding and flood damage. Projects for the development of underground water resources fall within the scope of Chapter III on GROUNDWATER DEVELOPMENT AND CONSERVATION.
Structural water development works range in typology from a simple weir or sluice placed on a river to divert water from it onto adjoining land to dams or other water retention or "impoundment" works, alone or in association with other "ancillary" works - first and foremost, irrigation canal networks and companion facilities (legislation concerning in particular the protection, operation and maintenance of irrigation works is separately presented in Chapter V on IRRIGATION WATER DEVELOPMENT). In view of the significance of the public health and safety aspects associated in particular with dam construction, operation and maintenance, and in view also of the significance of dams and other major water development structures to economic and social development and to the environment, relevant construction, operation and maintenance have long attracted the attention of lawmakers and have been subjected to regulatory controls. In particular, insofar as they are functionally associated with a beneficial use of the water resources they tap, structural water development works can be directly instrumental in operationalizing water utilization permits and water rights under them. Requirements specifically pertaining to such works may thus be found in general water utilization permit legislation, and operate in context with the process of granting such permit. Otherwise, regulatory control of dam and other waterworks construction is effected through independent permit or comparable project screening mechanisms. This Chapter will focus on requirements of an administrative nature, the technical standards and specifications of dam construction, operation and maintenance such as are found in Codes of engineering practice being outside the scope of this book. A related aspect of water resources development is the pooling of the resources - financial and otherwise - of concerned individuals in the form of water users' groups with a view to constructing, operating and maintaining surface water development works, most notably, irrigation development works. This particular aspect of the topic of this Chapter is presented in Chapter V on IRRIGATION WATER DEVELOPMENT, sub-chapter 3 on Water Users' Groups.
Subsidiary legislation may lay down substantive criteria for project formulation (IV), or formal permit requirements for pre-construction appraisal and approval of a proposed project (I, V, VI, IX and X).
At the planning and design stage of dam construction, a maximum amount of specific and detailed information is generally required of the project proponents so as to assist the government department or agency responsible for the granting of the necessary water use permit or separate dam construction permit in deciding whether a permit should be granted and the project should go ahead, or not. Requirements to this effect appear in standard form in the Application Forms of water permits (VI), or are prescribed directly by the legislation (II and IX).
Operation and maintenance of water retention structures are the subject of detailed and project-specific prescriptions negotiated by the parties to the relevant water utilization or separate dam construction permit and incorporated in the terms and conditions of the permit. In addition, prescriptions of general import can be laid down in this particular regard directly by subsidiary legislation, for compliance by operators of all or any given class of water retention works. Such prescriptions may concern reservoir operating rules (III), the safety of dams (VII and XI) and the ceasing or abandonment of operations (VIII).
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I - PHILIPPINES - Water Rules and Regulations 29. A permit/authority shall be secured from the Minister of Public Works in the following instances:
II - PHILIPPINES - Water Rules and Regulations 31. All applications shall be filed in a prescribed form sworn to by the applicant and supported by the following: ... D. For Construction of Dams, Bridges, and Other Structures in Navigable or Floatable Waterways
32. The Public Works District Engineer shall investigate each application filed with this Office and, if necessary, conduct public hearing thereon. He shall transmit his report and recommendation to the Public Works Regional Director who, after proper review, shall transmit the application with its supporting documents and his recommendations to the Minister of Public Works, for appropriate action. III - PHILIPPINES - Water Rules and Regulations 39. Owners or persons in control of a reservoir shall submit to the Council the reservoir operation rule curve for approval which shall be followed except during periods of extreme drought and when public interest so requires wherein the Council may change the operation during the period after due notice and hearing. The Council shall review periodically the rule curve for possible revisions. A rule curve is a diagram showing the minimum water level requirement in the reservoir at a specific time to meet the particular needs for which the reservoir is designed. Furthermore anyone who operates a reservoir shall submit to the Council his plan for handling maximum discharges with a view to avoiding damage to life and property. IV - PHILIPPINES - Water Rules and Regulations 48. As a general rule, a water resources project/program may be implemented only if it is in accordance with the national socio-economic development goals and objectives or necessary for the national security or protection of life and property. Any project/program involving the appropriation of water shall be directed towards the optimum single and/or multi-purpose utilization thereof. Whenever practicable, projects shall be conceived and viewed according to multi-purpose water resource planning concepts within the area unit of a river basin. In the case of small scale water development projects not readily covered by large-scale water development projects, development planning of the latter shall proceed alongside the implementation of the former. 49. The size and time phase of projects/programs shall satisfy appropriate socio-economic indicators, more particularly the benefit-cost and/or cost-effectiveness criteria, their supplementary and complementary roles to the projects program of other government sectoral plans, and their ecological effects. 50. Government water resources and related projects/programs shall be submitted by the proponent agencies to the Council, which may, if necessary, refer the matter to the proper deputies or concerned agencies for evaluation and comment in accordance with the above guidelines before approving the same. 51. Any private interested party may propose any water resources project through the appropriate agencies and/or deputies who shall forward the same to the Council after evaluating and commenting with respect to the above guidelines. The Council, before approving the project, may, if necessary, refer or consult with other appropriate deputies and/or concerned government agencies. 52. Project/Program proposals shall contain indicators of socio-economic justification, relationship to the National Development Plan, impact statement on the sector's project/program supports and complement, regional impact statement, environmental impact statement, and such other information as the Council may require. Projects, such as artesian wells, spring development and barangay waterworks for purely domestic and municipal use, and such other small-scale projects as the Council may determine, shall be exempted from this requirement. 53. Any conflict involving the use of water that may arise from the project/program proposal shall be resolved on the basis of national/regional priority and needs, i.e. need for power generation in multipurpose project shall be reckoned on the quantity and time of such needs on a grid basis rather than on a single project basis alone. Any conflict which adversely affects a particular segment of society, group of individuals or small community, may be resolved after a public hearing has been conducted by the Council or its proper deputies. V - UGANDA - Water Resources Regulations, 1998 16. ... (3) A person who wishes to construct any works for the purpose of,
(4) An application referred to under subregulation (1), (2) or (3) shall be accompanied by the appropriate application fee specified in the Second Schedule to these regulations. 17. Classification of works, etc. The Director may, by notice published in the Gazette, declare any ... class of works to be a class to which the provisions of sub-regulation (2) or (3) of regulation 16 does not apply. 19. Grant of permit etc. (1) The Director shall, after approving the application under subregulation (3) of regulation 18 grant a ... construction permit for a period of one year. (2) The permit referred to under subregulation (1) of this regulation shall in Form ... F3 as set out in the Sixth Schedule and be issued on such conditions as the Committee may specify. ... 23. Extra conditions attached to construction permit (1) A holder of a construction permit shall, within ninety days of completion of any works, provide the Director with a construction completion report in respect of those works which report shall,
(2) The Director shall not issue a water permit to direct, impound, store or use any water in or from works in respect of which a construction permit is required unless a construction completion report is provided to the Director as provided under subregulation (1) of this regulation. (3) After the commencement of these regulations, no person shall direct, impound, store, conveyor use any water, or attach any motorised pump to any works in respect of which a construction permit is required unless a permit for that purpose has been issued first under the provisions of these regulations. Sixth schedule - Form F1 - Application for a construction permit - See Appendix III, page 387. Form F3 - Construction permit - See Appendix III, page 3891. VI - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 6. Permit to construct or alter works (1) An application under section 41(1) of the Act for a permit to construct or alter a dam, water storage or water control structure ("Permit to Construct or Alter Works") shall be in accordance with Form 6 and shall be lodged with the Controller. (2) The Controller may, in respect of an application for a grant (not being by way of a reissue), publish in a newspaper circulating in the locality of the land on which it is proposed to carry out the works a notice, in accordance with Form 7, of the application having been made and if the Controller does so he or she shall forward a copy of the notice to the owners and occupiers of any land upstream or downstream of the point of the proposed works which, in the Controller's opinion, may in any way be affected as a result of the granting of the proposed Permit. (3) The costs of publication of the notice under subregulation (2) shall be met by the applicant. (4) A Permit to Construct or Alter Works shall be in accordance with Form 8. Schedule - Form 6 - Application for a construction permit - See Appendix IV, page 389. Form 7 - Notice of the filing of an application for a construction permit - See Appendix IV, page 391. Form 8 - Construction permit - See Appendix IV, page 392. VII- CANADA - ALBERTA - Water (Ministerial) Regulation, 1998 Part 6 - Dam and Canal Safety 26. Plans and operation (1) If required by the Director, a person responsible for a dam or canal must prepare an emergency preparedness plan, flood action plan and operation, maintenance and surveillance manual in the form and manner and within the time period specified by the Director, whether or not there is a licence or approval with respect to the dam or canal or a term or condition in a licence or approval with respect to the dam or canal requiring such plans or manuals to be prepared. (2) A person responsible for a dam or canal must operate and maintain the dam or canal in accordance with
27. Site assessments If required by the Director, a person responsible for a dam or canal must carry out an assessment of the site of the dam or canal during the construction, operation, rehabilitation or repair of the dam or canal in the form and manner and within the time period specified by the Director. 28. Safety assessments (1) A person responsible for a dam or canal must, within 30 days of receiving written notice from the Director or within another time period specified by the Director,
(2) A safety assessment under subsection (1) may be carried out jointly with a person responsible for the dam or canal. 29. Reporting of site or safety assessment (1) Unless otherwise specified by the Director, if an assessment of a dam or canal is carried out or arranged by a person responsible for a dam or canal, including an assessment under section 27 or 28, the results of the assessment must be forwarded to the Director within 90 days of the assessment, or other time period required by the Director, unless the assessment reveals an unusual situation or potential safety hazard, in which case the results of the assessment must be reported immediately to the Director. (2) For the purposes of this section, "results of the assessment" includes, but is not limited to, instrumentation readings and analyses, photographs and other visual records and drawings, soil or aggregate testing results or other test results and any other information related to the dam or canal that is requested by the Director. 30. Safety evaluation (1) If required in writing by the Director, a person responsible for a dam or canal must have a person who has been approved by the Director and who is a professional engineer as defined in the Engineering, Geological and Geophysical Professions Act be an independent reviewer to carry out a safety evaluation of a dam or canal in accordance with any written requirements of the Director and provide a written report of the safety evaluation. (2) The report under subsection (1) must be in the form and manner required by the Director and must be submitted within the time period specified by the Director. 31. Safety directives If conditions are or may likely be hazardous to a dam or canal or if conditions may reasonably be anticipated to cause a dam or canal, or any part of a dam or canal, or any operation or action at or in connection with a dam or canal, to be or become a hazard to the environment, human health, property or public safety, a person responsible for a dam or canal must
VIII- CANADA - ALBERTA - Water (Ministerial) Regulation, 1998 Part 6 - Dam and Canal Safety 32. Suspension, cessation, abandonment, decommissioning (1) A person responsible for a dam or canal must not commence any of the following unless the person responsible for the dam or canal has previously applied for and obtained the written authorization of the Director:
(2) If required by the Director, a person responsible for a dam or canal must prepare a program or comply with a program prescribed by the Director for ceasing the operation of a dam or canal, abandoning or decommissioning a dam or canal or removing a dam. (3) A person responsible for a dam or canal who has obtained the Director's authorization under subsection (1) must, at least 14 days before commencing any work to which the authorization applies, notify the Director of the date on which the person responsible for the dam or canal expects to commence the work and submit a schedule for completion of the work. (4) On the completion of any work to which this section applies, a person responsible for a dam or canal must submit to the Director a report on the work and how it was performed, and must arrange an inspection of the work by an inspector or person authorized by the Director on a date satisfactory to the Director. (5) If required by the Director, a person responsible for a dam or canal must do any further work that the Director prescribes with respect to any danger to any person or property. 34. Instrumentation (1) If instrumentation is installed in a dam or canal, a person responsible for a dam or canal must monitor and maintain, and replace, if necessary, the instrumentation so the instrumentation provides continuity of readings. (2) If required by the Director, a person responsible for a dam or canal must
(3) If instrumentation reading schedules that have been agreed to by the Director are to be changed or modified, a person responsible for the dam or canal must notify the Director within 60 days of a cessation of the reading or before making any changes or modifications to the reading schedules. IX- CANADA - NEW BRUNSWICK - Watercourse Alteration Regulation, 1990 5. (1) An application for a permit shall be submitted to the Minister on a form provided by the Minister and, subject to section 7, shall be accompanied by copies of the plans and such other documents or information as the Minister may require. (2) The copies of plans and any other documents or information required by the Minister under subsection (1) shall be prepared for and provided to the Minister at no cost or expense to the Minister. (3) Upon receipt of an application made under this section, the Minister may demand any additional copies of plans and any other documents and information the Minister considers necessary or useful in order to decide what disposition will be made of the application. (4) If any engineering report or plans are required by the Minister, they shall be prepared or approved, at no cost or expense to the Minister, by a person who is a member of the Association of Professional Engineers of the Province of New Brunswick or is licensed to practice engineering under the Engineering Profession Act. (5) An application may be made in accordance with this section with respect to more than one watercourse alteration. 6. (1) An application for a permit may be made by
(2) Notwithstanding paragraph (1)(b), the Minister shall issue a permit only to a person referred to in paragraph (1)(a). (3) Notwithstanding subsection (1), where an application is made by a person other than the person referred to in paragraph (1)(a), the Minister shall not accept the application unless the person on whose behalf the application is made consents to the application on a form provided by the Minister. 9. Upon receipt of an application made under subsection 5(1) together with copies of plans and any other documents or information required by the Minister under section 5, the Minister may issue one or more permits for such period of time and upon such terms and conditions as the Minister may impose. 10. (1) A permit shall
(2) A permit may be accompanied by such documents as are considered necessary by the Minister in order to establish or identify all or any of the terms and conditions imposed on it and these documents shall be referred to on the face of the permit. (3) A permit shall not be assigned or transferred and is valid only for
(6) A permit is automatically cancelled by the issuance of a new permit applying to the same watercourse alteration or alterations. 11. (1) Subject to subsection (3), a permit may be issued by the Minister for more than one watercourse alteration. (2) A permit issued for more than one watercourse alteration shall have the words "Multiple Permit" marked or typed clearly on its face. (3) A permit shall not be issued for more than one watercourse alteration unless the Minister is of the opinion that all the alterations to which the permit is intended to apply have some appropriate factor in common. 12. (1) Where in the Minister’s opinion an emergency exists, the Minister may issue an emergency permit for one or more watercourse alterations before the submission of the copies of the plans or any other documents or information required to be submitted under section 5. (2) A person to whom an emergency permit is issued shall, within thirty days after the issue or within such other time as the Minister may direct, submit to the Minister the copies of the plans and any other documents or information required to be submitted under section 5 that were not submitted before the issue. (3) An emergency permit shall be issued for a specific period not to exceed ninety days. 12.1 (1) A person may apply for a provisional permit by submitting a notification form to the Minister on a form provided by the Minister, accompanied by the prescribed fee and by copies of the plans and such other documents or information as the Minister may require. (2) Within two weeks after receiving a notification form, the prescribed fee and all related copies and other documents and information under subsection (1), the Minister shall determine whether or not, in the opinion of the Minister, the planned watercourse alteration would or could pose a significant threat to the environment, and
(3) A written acknowledgement delivered under paragraph (2)(a), a copy of the notification form to which it relates and any list of applicable terms and conditions and any other documents referred to in the acknowledgement or the notification form together constitute a provisional permit. ... X - CANADA - Dominion Water Power Regulations, 2001 2. Interpretation In these
Regulations,
"storage development" includes
3. Application (1) An application for a licence to divert, use or store water for power purposes may be made to the Director and shall contain the following information:
(2) An application for a licence shall be accompanied by
(3) Where the applicant is an incorporated company, the application, in addition to the information required by subsections (1) and (2), shall contain
(4) Where the applicant is a municipality or municipal district, the application, in addition to the information required by subsections (1) and (2), shall contain
(5) All elevations given in connection with the plans or other information filed by any applicant shall be referred, if feasible, to mean sea-level datum. (6) An applicant, when requested so to do by the Minister, shall file an affidavit setting forth such facts as may be required in respect of his financial standing and his ability to carry out the proposed undertaking. (7) The Director may, at any time while an application is pending, notwithstanding any other requirement of these Regulations, require such additional plans, descriptions, measurements, specifications or other data, whether related directly or indirectly to the proposed works and undertaking, as he considers necessary, and those plans, descriptions, measurements, specifications or data shall be furnished by and at the expense of the applicant. 5. Survey permit (1) Subject to subsection (3), the Director may issue to an applicant a survey permit empowering the applicant during the period stated therein, which shall not exceed three years, to enter upon any public lands without other licence therefor, and upon the lands of any person for the purpose of making such surveys and investigations as may be necessary for the preparation of his general layout plans, but for no other purpose, and the applicant shall, in making such surveys and investigations, do as little damage as possible, and shall make full compensation to all persons sustaining damage. (2) The issuance of a survey permit does not give the applicant any priority over other applicants for the development of any water-power, or any special claim or right in respect of the water-power. (3) The applicant shall furnish such security as the Director may require for the payment of any sums that may be subsequently awarded for any damage caused by the applicant in making any surveys and investigations authorized under these Regulations. 6. General layout plans (1) An applicant shall file his general layout plans with the Director by such date as is specified by the Director. (2) The general layout plans and data shall be such as will enable the Director to determine whether
(3) The general layout plans and specifications shall
(4) When the Director is of the opinion that further information and plans are necessary before an interim licence is issued, he may request the applicant to furnish additional information and plans. (5) Plans or maps shall in every case show the location and area of the lands that are required to be occupied, used or flooded in connection with the proposed works. (6) Elevations wherever feasible shall be related to mean sea-level datum. 7. Priority permit (1) Where the applicant has completed satisfactorily the submission of such of the information required by section 3 and has supplied such of the plans and specifications as will satisfy the Minister that
the Minister may issue to the applicant a priority permit which shall give the applicant priority over other applicants in the consideration of his general layout plans if filed within the time specified in the permit. (2) In granting a priority permit the Minister may give preference to an application by a province, municipality or municipal district where he considers such preference to be in the public interest. (3) No priority permit shall be construed as binding the Minister to issue an interim licence, giving the applicant any exclusive claim or right, or relieving the Minister from considering other possible schemes for the development of the site, if there is reason to believe that they may result in a more beneficial utilization of the natural resources or be otherwise in the public interest. (4) A priority permit shall be effective for a period not to exceed one year but may be renewed. (5) No extensions of time to a priority permit shall be granted unless it is shown to the satisfaction of the Minister by statutory declaration by the applicant, and otherwise, that the applicant has promptly and diligently continued the surveys and preparation of the plans in good faith, and has been prevented by causes beyond his control, other than the want of funds, from completing the plans within the time fixed, but the applicant shall not be given an extension of more than one year from the expiry of the time originally fixed. (6) If the plans and information required are not completed and filed before the expiration of the initial period of the priority permit or of any extension thereof, the applicant's priority shall lapse. XI - CANADA - BRITISH COLUMBIA - Dam Safety Regulation, 2000 3. Operation and maintenance of a dam (1) A dam owner must operate and maintain a dam in accordance with all of the following:
(2) A dam owner must, in the form and manner and within the time period specified by the comptroller or regional water manager, prepare and submit to a dam safety officer, for acceptance by the dam safety officer, the following:
(3) Subsection (2) applies whether or not there is a term or condition in an approval granted or licence issued that requires the preparation of such a plan or manual for the dam. (4) A dam owner must ensure that the dam is adequately safeguarded to prevent unauthorized operation of the dam by someone other than the dam owner or an agent of the dam owner. 4. Alteration of a dam (1) Any alteration, improvement or replacement to all or any part of a dam must be authorized by an approval, licence or order. (2) Subsection (1) does not apply to an alteration, improvement or replacement for the purpose of
(3) A dam owner must submit to a dam safety officer, on completion of the alteration, improvement or replacement, a report on the work and the manner in which any such alteration, improvement or replacement to all or any part of the dam was performed. 5. Inspection A dam owner must do all of the following:
6. Reporting (1) A dam owner must, when an inspection is carried out under section 5 or when any other inspection is carried out with respect to a dam,
(2) A dam owner must submit to a dam safety officer, if requested by the dam safety officer, the original or clear copies of the following documentation required for the design, construction or alteration of the dam:
7. Dam safety review (1) If required by Schedule 2, a dam owner must have a professional engineer, experienced in dam safety analysis, do a dam safety review and prepare, in the form and manner and within the time period specified by the comptroller or regional water manager, a dam safety report. (2) The dam owner must submit to a dam safety officer a copy of the dam safety report prepared by the professional engineer who carried out the dam safety review under subsection (1). Schedule 1 - Downstream Consequence Classification Guide - See Appendix IV, page 393. Schedule 2 - Minimum Inspection Frequency and Dam Safety Review Requirements - See Appendix IV, page 394. |
In addition to dams serving also, or exclusively, a flood control purpose, the control of flooding and the mitigation of flood damage rest on such other structural measures as the construction of dykes. The example below provides the administrative and other requirements prescribed by subordinate legislation in relation to the construction, use and maintenance of dykes (I). In addition to the construction of works, flood control and flood damage mitigation are pursued through "non-structural" measures ranging from floodplain zoning so as to restrict human settlements, and restricting in particular the cultivation of riverbeds, to planting flood protection forests, and from mandating flood insurance schemes to the setting up of special governmental bodies or committees to perform specific flood-related tasks.
In particular, the zoning of floodplains may be needed to curtail the permanent presence of man in the area likely to be affected by floods. Legislation can provide a mechanism for floodplain zoning, or vest zoning authority in a government department or agency, or in a specially-constituted body of government or elected officials. The designation by a properly empowered government agent of floodplain areas for the application of zoning restrictions is a typical component of a floodplain zoning mechanism. Subsidiary legislation typically provides the procedural and substantive details of implementation of floodplain zoning mechanisms, and may identify the government body in which zoning authority is vested (II).
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I - VIET NAM - Ordinance on Dykes, 2000 1. (1) This Ordinance provides for the construction, repair, protection, use and maintenance of dykes. (2) Dykes prescribed in this Ordinance include:
3. Depending on the socio-economic importance, the defense and security requirements of each region which is protected by dykes from flooding, dykes are classified into special grade, grade I, grade II, grade III and grade IV. The government shall define criteria for different dyke grades and approve the grade of each dyke section. Chapter III - Dyke Protection and Use 11. The following acts are strictly forbidden: (1) Exploiting soil rock, sand, gravel or other minerals; digging ponds, wells and dredging watercourses within the dyke protection limit; (2) Operating works within the dyke protection limit at variance with the prescribed technical process and rules; (3) Building works, houses within the dyke protection limit, at river sandbanks, river beds, except special-use works permitted for construction in service of flood and storm prevention and combat, communications, defense, security and other special works;(4) Discharging waste matters into the dyke protection limit river sandbanks, river beds; storing materials on dykes, except materials reserved for flood and storm prevention and combat; (5) Setting off explosions detrimental to the safety of dykes, except explosions for the purpose of flood diversion or slowdown, which are decided by the competent State bodies; (6) Driving on dykes motor vehicles of a weight exceeding the permissible load of such dykes and dyke-crossing sluices; driving motor vehicles with four or more wheels on dykes which are being hit with incidents or put up with prohibition signs when the floods rise higher than alarm level 3, except dyke-inspecting vehicles, dyke-salvaging vehicles which are mobilized or permitted by the competent State bodies and vehicles with special security, defense, first aid or fire fighting requirements; (7) Hoeing weeds, heaping up rice straws, firewood or garbage on dykes; (8) Other acts that directly affect the safety of dykes and the quick flood drainage, except activities permitted by the competent State bodies prescribed in Article 12 of this Ordinance. 12. In special cases, organizations and individuals that wish to carry out one of the following activities must obtain permission from the competent State bodies: (1) Cutting dykes for construction of works within the dyke protection limit; (2) Conducting exploratory drills within the dyke protection limit. (3) Building special-use works in service of flood and storm prevention and fight, communications, defense, security and other special works within the dyke protection limit; (4) Using dykes, embankments and sluices for mooring of ships, boats, rafts, or for temporary storage of materials; (5) Activities that produce vibrations affecting the safety of dykes. 13. (1) The Ministry of Agriculture and Rural Development shall issue permits for activities specified in Clauses 1,2, 3 and 5, Article 12 of this Ordinance with regard to dykes of from grade III to special grade. (2) The People's Committees of the provinces or centrally-run cities shall issue permits for activities specified in Article 12 of this Ordinance with regard to dykes of grade IV and activities specified in Clause 4, Article 12 of this Ordinance with regard to dykes of from grade III to special grade. 14. The granting of permits to construct, renovate and/or upgrade works. dredge watercourses or exploit sand, gravel, which, though located outside the dyke protection limit, affect the safety of dykes and/or flood drainage, must be agreed upon in writing by the Ministry of Agriculture and Rural Development for dykes of from grade III to special grade, or by the People's Committees of the provinces or centrally-run cities for dykes of grade IV. II - PHILIPPINES - Water Rules and Regulations 35. Whenever the Minister deems it necessary to declare flood control areas for the protection of flood plain lands, he shall publish the same in three (3) newspapers of general circulation setting forth the purpose of the declaration, the geographic limits of the declared control area, and the regulations necessary to achieve the objectives. 36. The Minister shall form an Inter-agency Flood Plain Management Committee for each flood plain declared as flood control area, the members of which shall include, but not limited to, representatives from the following: ... The functions of this Committee shall be:
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Cultivation in riverbeds may be subjected to regulatory restrictions, typically in the form of permit requirements. Subsidiary legislation may prescribe the procedural and substantive details of such requirements (III).
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III - PHILIPPINES - Water Rules and Regulations 29. A permit/authority shall be secured from the minister of Public Works in the following instances:
30. Applications for permit/authority under the next preceding section may be filed with the Public Works District Engineer's Office in the province where the project is to be undertaken. 31. All applications shall be filed in a prescribed form sworn to by the applicant and supported by the following: A. For Cultivation of River Beds, Sand Bars and Tidal Flats:
32. The public Works District Engineer shall investigate each application filed with this Office and, if necessary, conduct public hearings thereon. He shall transmit his report and recommendation to the Public Works Regional Director who, after proper review, shall transmit the application with its supporting documents and his recommendations to the Minister of Public Works, for appropriate action. 33. A permit to cultivate river beds, sand bars and tidal flats shall be non-transferable and shall not be construed as authorizing reclamation of the area covered by the permit, or as conferring upon the permittee a right of ownership thereof by acquisitive prescription. |
