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SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
(c)
Unless the Watercourse States concerned have agreed otherwise for the protection
of the interests of persons, natural or juridical, who have suffered or are under a
serious threat of suffering significant transboundary harm as a result of activities
related to a shared watercourse, a Watercourse State shall not discriminate on the
basis of nationality or residence or place where the injury occurred, in granting to
such persons, in accordance with its legal system, access to judicial or other
procedures, or a right to claim compensation or other relief in respect of
significant harm caused by such activities carried on in its territory.
ARTICLE4
SPECIFIC PROVISIONS
1.
Planned Measures
(a)
Information concerning planned measures
State Parties shall exchange information and consult each other and, if necessary,
negotiate the possible effects of planned measures on the condition of a shared
watercourse.
(b)
Notification concerning planned measures with possible adverse effects
Before a State Party implements or permits the implementation of planned
measures which may have a significant adverse effect upon other Watercourse
States, it shall provide those States with timely notification thereof. Such
notification shall be accompanied by available technical data and information,
including the results of any environmental impact assessment, in order to enable
the notified States to evaluate the possible effects of the planned measures.
(c)
(d)
Period for reply to notification
(i)
Unless otherwise agreed, a State Party providing a notification under
paragraph (b) shall allow the notified States a period of six months within
which to study and evaluate the possible effects of the planned measures
and to communicate the findings to it;
(ii)
This period shall, at the request of a notified State for which the evaluation
of the planned measures poses difficulty, be extended for a period of six
months.
Obligations of the notifying State during the period for reply
During the period referred to in paragraph (c), the notifying State:
(i)
shall cooperate with the notified States by providing them, on request, with
any additional data and information that is available and necessary for an
accurate evaluation; and
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Revised Protocol on Shared Watercourses