|Definition|| 1. In this Law|
"the Ministers" means the Minister of the Interior and the Minister of Agriculture*;
"the Drainage Law" means the Drainage and Flood Control Law, 1957;
"the Water Law" means the Water Law, 1959;
"local authority" means a local authority of any kind (a municipal corporation, a local council, or a regional council under section 5 (3) of the Local Councils Ordinance, 1941, or an association of towns, in the carrying out of whose functions a stream or water resource plays a part.
|Establishment of stream authority or assignment of functions to drainage authority.||2. The Ministers may, by order, after consultation with the local authorities concerned, establish an authority for a particular stream or part thereof, a spring or any other water resource (such an authority hereinafter referred to as a "stream authority") and define its area, or assign to a drainage authority, within the meaning of the Drainage Law, all or part of the functions of a stream authority under this Law. A stream authority shall only be established if, in the opinion of the Ministers, there is no justification for assigning its functions to an existing drainage authority.|
|Functions of stream authority.|| 3. (a) The function of a stream authority shall be to plan and carry out all or part of the following operations, as may be prescribed in an order under section 2:|
(1) the regulation of the flow of water in the stream, with a view to maintaining a suitable water level throughout the year;
(2) the regular drainage of the area of the authority;
(3) the fixing of an alignment for the stream, or the transfer of the water of the stream or water resource or with the changing flow of its water;
(4) the abatement of sanitary nuisances connected with pollution of the stream or water resource or with the changing flow of its water;
(5) the preservation of the landscape and amenities of nature along the stream, on both banks, or about the spring, except a stream or spring in a national park or nature reserve, within the meaning of the National Parks, Nature Reserves and National Sites Law, 1963, and the preparation of those areas for the purposes of gardens, recreation and sports;
(6) the regulation of the distribution of the water among those interested in it;
(7) the regulation of the manner in which the stream or water resource is used by those interested.
(b) Drainage functions shall only be assigned to a stream authority together with some other function.
|Subjection to other laws.||4. Save as otherwise expressly provided in this Law, a stream authority shall act subject to the Water Law, the regulations and determinations made thereunder and the powers of a national or regional water authority established thereunder, and subject to the provisions of every other enactment.|
|Composition of stream authority.|| 5. Members of a stream authority shall be (1) representatives of the Government;|
(2) representatives of local authorities the area or part of the area of which is within the area of the stream authority; each kind of local authority shall have at least one representative;
(3) representatives of bodies corporate in the carrying out of whose functions or the exercise of whose powers the stream or water resource plays a part;
(4) representatives of bodies corporate in the carrying out of whose functions or the exercise of whose powers the stream or water resource plays a part;
(5) representatives of the owners and occupiers of land abutting on the stream or water resource and of the persons using water of the stream or water resource for the purposes of their employment, the land or employment not being situated or carried on within the area of a local authority and the owner, occupier or person carrying on the employment not being a body corporate as referred to in paragraph (3).
However, where the only function of a stream authority is the regulation of the distribution of the water among those interested in it and the regulation of the manner in which the stream or water resource is used by them, the authority may consist of representatives of the Government and representatives of the interested persons only.
|Appointment of members of stream authority.|| 6. (a) The members of a stream authority shall be appointed by the Ministers in such a manner as may be determined by them.|
(b) The Ministers shall determine the number of the representatives of each kind of local authority and of each local authority of a particular kind and the number of the representatives of each of the other groups mentioned in section 5: Provided that the representatives of the Government shall not form a majority of the members of the authority, save with the approval of the Home Affairs Committee of the Knesset. However
(c) The Ministers may from time to time replace all or part of the representatives of the local authorities, with a view to giving representation, in the course of time, to all the local authorities in the area of the stream authority.
|Enlargement of membership of drainage authority.||7. Where, under section 2, functions of a stream authority have been assigned to a drainage authority, the Ministers may, to such extent and in such manner as shall be determined by order under section 2, add members to the drainage authority, from the groups mentioned in section 5, for the purpose of carrying out those functions.|
|Procedure for management and business of stream authority.||9. The Ministers may prescribe the procedure for the management and business of a stream authority (including the mode of approving schemes and projects), the apportionment of powers among the bodies and employees of the authority, and the quorums in those bodies. In so far as the procedure for management and business has not been prescribed as aforesaid, the stream authority may itself prescribe it.|
|Further powers|| 12. (a) The Ministers may, after consultation with the local authorities and drainage authorities the area or part of the area of which is situated within the area of a stream authority, grant to that stream authority, in respect of the whole or part of its area and to the extent required for the carrying out of its functions, any of the powers conferred on a local authority under any enactment: Provided that |
(1) a stream authority shall not be granted power to impose compulsory payments in addition to the powers granted to it in that behalf under other provisions of this Law;
(2) a power or function vested in a local authority under an enactment with the implementation of which another Minister is charged shall not be assigned save after consultation with that Minister.
(b) A stream authority may exercise a power granted to it under this section even outside any area of a local authority, save as may have been otherwise provided at the time the power was granted.
|The stream authority a body corporate.||14. A stream authority shall be a body corporate, competent to acquire any right and enter into any obligation, including a promissory note, and to be a party to any legal proceeding and to any contract.|
|Financing|| 15. The budget of a stream authority shall be covered by |
(1) drainage rates, or the equivalent of drainage rates, under section 16;
(2) quotas imposed under section 18;
(3) contributions under section 19;
(4) allocations by the Government, grants and other receipts.
|Establishment of drainage projects and imposition of rates.||16. Where a stream authority has been required to drain its area, it may for that purpose establish drainage projects and impose rates or quotas, and the provisions of sections 17 to 43C, 49 and 52 of the Drainage Law shall apply in that connection as if the stream authority were a drainage authority established under the said Law: Provided that every power conferred by the Drainage Law on the Minister of Agriculture or the Water Commissioner shall, for the present purposes, vest in the Ministers.|
|Budget|| 22. (a) A stream authority shall not decide to carry out any project including one which is not a drainage project before it has made an estimate of the income and expenditure thereof, and the estimate has been approved by the Ministers.|
(b) For every financial year, a stream authority shall, at such time and in such form as shall be prescribed by regulations, prepare a draft budget showing its estimated income and expenditure. The draft budget shall be submitted to the Ministers for approval.
(c) No amount of the moneys of a stream authority shall be expended otherwise than under a budget approved as aforesaid, and a stream authority shall incur no liability otherwise than under a budget as aforesaid or under a decision of the stream authority which has been duly passed and been approved by the Ministers.
|Implementation and regulations.||30. The Ministers are charged with the implementation of this Law and may make regulations as to any matter relating to such implementation.|