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SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
(c)
Installations
(i)
Watercourse States shall, within their respective territories, employ their
best efforts to maintain and protect installations, facilities and other works
related to a shared watercourse.
(ii)
Watercourse States shall, at the request of any of them which has
reasonable grounds to believe that it may suffer significant adverse effects,
enter into consultations with regards to:
(iii)
4.
5.
aa)
the safe operation and maintenance of installations, facilities, or other
works related to a shared watercourse; and
bb)
the protection of installations, facilities or other works from wilful or
negligent acts or the forces of nature.
Shared watercourses and related installations, facilities and other works
shall enjoy the protection accorded by the principles and rules of
international law applicable in international and non-international armed
conflict and shall not be used in violation ofthose principles and rules.
Prevention and Mitigation of Harmful Conditions
(a)
State Parties shall individually and, where appropriate, jointly take all appropriate
measures to prevent or mitigate conditions related to a shared watercourse that
may be harmful to other Watercourse States, whether resulting from natural
causes or human conduct, such as floods, water-home diseases, siltation, erosion,
salt-water intrusion, drought or desertification.
(b)
State Parties shall require any person intending to use the waters of a shared
watercourse within their respective territories for purposes other than domestic or
environmental use or who intends to discharge any type of waste into such
waters, to first obtain a permit, licence or other similar authorisation from the
relevant authority within the State concerned. The permit or other similar
authorisation shall be granted only after such State has determined that the
intended use or discharge will not cause significant harm on the regime of the
watercourse.
Emergency Situations
State Parties shall, without delay, notify other potentially affected States, the
SADC Water Sector Co-ordinating Unit and competent international
organisations of any emergency situation originating within their respective
territories and promptly supply the necessary information to such affected States
and competent organisations with a view to co-operate in the prevention,
mitigation, and elimination, of harmful effects ofthe emergency.
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Revised Protocol on Shared Watercourses