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SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
"Regulation of the flow of means the use of hydraulic works or any other
the waters of a shared continuing measure to alter, vary or otherwise control
watercourse"
the flow of waters of a shared watercourse;
2.
"Shared watercourse"
means a watercourse passing through or forming the
border between two or more Watercourse States;
"Significant Harm".
means non-trivial harm capable of being established
by objective evidence without necessarily rising to
the level of being substantial;
"State Party".
means a Member of SADC that ratifies or accedes to
this Protocol;
"Watercourse"
means a system of surface and ground waters
consisting by virtue of their physical relationship a
unitary whole normally flowing into a common
terminus such as the sea, lake or aquifer;
"Watercourse State"
means a State Party in whose territory part of a
watercourse is situated.
Any other term defined in the Treaty and used in this Protocol shall have the same
meaning as ascribed to it in the Treaty.
ARTICLE2
OBJECTIVE
The overall objective of this Protocol is to foster closer cooperation for judicious, sustainable
and co-ordinated management, protection and utilisation of shared watercourses and advance
the SADC agenda of regional integration and poverty alleviation. In order to achieve this
objective, this Protocol seeks to:
(a)
promote and facilitate the establishment of shared watercourse agreements and
Shared Watercourse Institutions for the management of shared watercourses;
(b)
advance the sustainable, equitable and reasonable utilisation of the shared
watercourses;
(c)
promote a co-ordinated and integrated environmentally sound development and
management of shared watercourses;
(d)
promote the harmonisation and monitoring of legislation and policies for
planning, development, conservation, protection of shared watercourses, and
allocation of the resources thereof; and
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