This Act applies to all water in Vanuatu, i.e. inland waters including groundwater and any estuarine or coastal sea water prescribed as water under this Act (sects. 1 and 2).
The Act consists of 21 sections divided into 7 Parts: Preliminary (1); Use of water (2); Administration (3); Water resource management (4); Special powers (5); Offences (6); Miscellaneous (7).
The Minister responsible for water resources shall be the primary administrative authority for purposes of this Act (sect. 3). Section 4 defines the customary rights of users of water and the rights of occupiers of land to use water on or adjacent to land. In both cases no other rightful user of the same water resources must be adversely affected by that use. A lessee in sense of the Land Leases Act may use water on the basis of a customary right or as a lawful occupier as defined above but must apply to the Director for the right to use water for any other purpose (sect. 4). All works and uses lawfully undertaken prior to the commencement of this Act are deemed to be lawful under this Act (sect. 5). A person must apply to the Director responsible for water resources for the right to use water for any purpose that does not comply with section 4 or 5 and likewise shall apply for the right to construct, operate or maintain works (sect. 7). The Director may limit any existing right to use water for either or both of the purposes of protection of public health or shortage of water (sect. 8). Sections 9 to 11 concern the procedure of application. Section 12 defines the duties of the Minister, whereas section 14 defines the functions of the Director responsible for water resources, appointed under section 13. A National Water Resources Advisory Committee is established under section 15. A landowner or group of landowners can establish, and the Director can promote, a local water management committee for any water resource on or under land for the purpose of implementing: (a) water supply conservation measures; or (b) a management scheme (sect. 19). The Director may, after consultation with the Minister, transfer a water supply scheme to a local water management committee. The Act further makes provision for the declaration of a Water Protection Zone by the Director for specified purposes of protection and management of water, powers of the Director, offences, appeal to the Supreme Court against any decision made by the Minister or Director, fees, protection of officers and regulation making powers of the Minister.