The parliament promulgated,
The President of the Republic publishes the following law:
The protection and the development of the natural resources of water, within the framework of safeguarding the environment and the nature equilibriums, is considered in the core of the public utility.
The Ministry of Water & Electricity Resources shall assume in the water sector the following powers and functions:
- To monitor, observe, measure, count and study the water resources and to estimate the needs to water as well as the way of its use in all the regions.
- To control the quality of the surface and ground water and to determine is criteria.
- To set up the public design project to privatize and distribute the water resources for drinking and irrigation on the state level, also to set up and continuously update the water public directive plan project.
- To design, study and execute the huge water facilities such as the dams, mountain lakes and tunnels, to reform and exploit the riverbeds, water nets and others.
- To perform the artificial feed for the underground water tanks when necessary and to observe the exploitation of the extracted quantities.
- To protect the water resources from waste and contamination by setting up the enactments and taking the necessary measures and procedures to prevent their contamination and returning them to their natural quality.
- To grant permits and authorizations for excavating water, using the public water and properties, making all the necessary relevant formalities; granting them pursuant to the laws and regulations in force.
- To conduct the water, geological and hydrological studies and researches, to collect the technical data in the water filed, to set up and regularly update the technical plans.
- To exercise the control and trusteeship over the public institutions and agencies working in the water field pursuant to the provisions of this law and the corresponding enactments and provisions.
- To enhance the performance of the water exploitation public institutions, to control such performance on the basis of the indexes mentioned in the works program duly ratified.
- To set up and control the criteria to be adopted in the exploitation public institutions studies and the execution of their works, as well as the conditions and regulations of exploiting the surface and underground water in addition to the standard regulations of the water quality.
- To complete the appropriation formalities related to the ministry and to the water exploitation public institutions subject to its trusteeship pursuant to the laws and regulations in force.
- To give opinion in the permits of mines and quarries regarding their effect on the water resources.
- To ensure public relations with the citizens and inform them of what concern them about water and direct its use.
The public institutions exploiting water which names and head offices are mentioned below shall be constituted as follows:
- Water of Beirut and Mount Lebanon – Head office in Beirut.
- Water of North Lebanon – Head office in Tripoli.
- Water of Bekaa – Head Office in Zahle.
- Water of South Lebanon – Head office in Saida.
- The said establishments enjoy legal entity as well as financial and administrative independency. The scope of their exploitation shall be determined pursuant to the plan attached to this law.
Each of the water establishments shall assume within the scope of its exploitation and competency:
- To study, execute, exploit, maintain and renew the water projects in order to distribute the potable and irrigation water pursuant to the public directive plan of water or to a prior approval of the Ministry to use the public water resources.
- To suggest tariffs for the potable and irrigation water services provided to take into consideration the public social and economic situations.
- To control the quality of distributed potable and irrigation water.
- The establishments shall work pursuant to their special regulations.The said establishments should contract with an auditing firm that will be charged to set a report on the financial data, the closing accounts and the internal control regulation adopted in the establishment.
- The establishment shall be managed by a Board of Directors composed of a Chairman and six members to be appointed and whose compensations shall be determined by virtue of a decree taken at the Cabinet upon the proposition of the Minister of Water and Electricity Resources; they should be university degrees holders recognized in Lebanon, in Law – Water and Environment – Medicine – Engineering – Economy and Accounting.
- The term of office of the Board of Directors shall be determined in the decree of its election and its services shall be determined at any time pursuant to the same principles.
- The Chairman of the Board shall assume the functions of the General Manager of the establishment, assisted by an executive body of the employees subject to his power.
- The Board of Directors shall set up all the regulations pertaining to it to be ratified by a decree taken in the Cabinet upon the proposition of the Ministers of Finance and Water & Electricity Resources.
The public institution of water exploitation shall be subject to the control of the Court of Audit pursuant to a regulation agreed upon with this latter, and to the control of the Central Inspection and to the control of the Civil Service Council.
Shall be constituted before the Ministry of Water & Electricity Resources a Committee to evaluate the performance of the Water Public Establishment to be composed by virtue of a decree taken at the Cabinet upon the proposition of both the Minister of Finance and the Minister of Water & Electricity Resources, from:
- The Minister of Water & Electricity Resources, President.
- The General Director of the Ministry of Finance, Member.
- The General Director of exploitation at the Ministry of Water & Electricity Resources, Member.
- The General Director of Water & Electricity Equipment at the Ministry of Water & Electricity Resources, Member.
- An engineer in water affairs with 6 years experience at least, Member.
- BA holder in Economy with 6 years experience at least, Member.
- BA holder in Law with 6 years experience at least, Member.
- BA holder in Accounting or Business Administration with 6 years experience at least, Member.
- A civil servant of the second category at least in the General Directorate of Exploitation,Reporter member.The functions and the principles of this committee shall be determined by a common order issued by both the Minister of Finance and the Minister of Water & Electricity Resources, it may have recourse to the necessary experts in order perform its activities.
As an exception from the provisions of the first article of this law, the national service of Litani River established by virtue of the law promulgated on August 14, 1954 shall continue to manage and exploit the irrigation water within the scope of its exploitation (South Bekaa and South Lebanon); this service shall be subject to section 2 of the fourth and sixth article of this law.
The independent services and the currently existing committees that manage and exploit the potable and irrigation water, shall continue to perform their activities till they are merged into the water establishments mentioned in the third article of this law gradually, provided to be done within a term not exceeding the two years as from the effectiveness date of this law.
The means to implement this law shall be determined by decrees taken at the Cabinet Upon the proposition of the Minister of Water & Electricity Resources.
The Water Public Establishments shall not abide by the other legislative and regulatory enactments contradictory to the provisions of this law or different to its contents.
This law shall be effective immediately after being published in the official gazette.
Last updated on: 25/11/2013 02:05:00 PM