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SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
(ii)
(e)
shall not implement or permit the implementation of the planned measures
without the consent of the notified States.
Reply to Notification
The notified States shall communicate their findings to the notifying State as
early as possible within the period applicable pursuant to paragraph (c). If a
notified State finds that implementation of the planned measures would be
inconsistent with the provisions of Article 3 (7) or (10), it shall attach to its
finding a documented explanation setting the reasons for the findings.
(f)
(g)
(h)
Absence of reply to notification
(i)
If, within the period applicable pursuant to paragraph (c), the notifying
State receives no communication under (e), it may, subject to its obligations
under Article 3 (7) and (10), proceed with the implementation of the
planned measures, in accordance with the notification and any other data
and information provided to the notified States.
(ii)
Any claim to compensation by a notified State which has failed to reply
within the period applicable pursuant to paragraph (c) may be offset by the
costs incurred by the notifying State for action undertaken after the
expiration of the time for a reply which would not have been undertaken if
the notified State had objected within that period.
Consultations and negotiations concerning planned measures
(i)
If a communication is made under paragraph (e) that implementation of the
planned measures would be inconsistent with the provisions of Article 3 (7)
or (10), the notifying State and the State making the communication shall
enter into consultations and, if necessary, negotiations with a view to
arriving at an equitable resolution of the situation.
(ii)
The consultations and negotiations shall be conducted on the basis that each
State must in good faith pay reasonable regard to the rights and legitimate
interests ofthe other States.
(iii)
During the course of the consultations and negotiations, the notifying State
shall, if so requested by the notified State at the time it makes the
communication, refrain from implementing or permitting the
implementation of the planned measures for a period of six months unless
otherwise agreed.
Procedures in the absence of notification
(i)
If a State Party has reasonable grounds to believe that another Watercourse
State is planning measures that may have a significant adverse effect upon
it, the former State may request the latter to apply the provisions of
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Revised Protocol on Shared Watercourses