Concerning the land

Article 13

Article 14

Article 15

Article 16

Article 17

L A W

No. 8093, dated 21.3.1996

ON WATER SOURCES

In reliance with Article 16 of Law No.7491, dated 29.4.1991 "On the main constitutional provisions", on the proposal of the Council of Ministers,

THE PEOPLE’S ASSEMBLY OF THE REPUBLIC OF ALBANIA

CHAPTER I

Article 1

Purpose of the Law

This law aims at:

a) To ensure conservation, development and utilization in as rational as possible manner of water reserves, vital for life and social-economical development of the country;

b) To ensure the right distribution of water reserves according to aims of use and their effective management;

c) To ensure protection of water reservers from pollutions, abusement and overconsuption beyond the actual needs;

ç) To determine the institutional framework at the national and household level to implement a national policy related to direction and management of water sources in the benefit of the population and social-economical interests of the country.

Article 2

1. “Water reserves” are all internal marine waters, superficial or subterrenean together with waterhold layers and atmospheric rains under the jurisdiction and control of the Republic of Albania.

2. “Natural bed of permanent or temporary flow [stream]” is the part of land covered by water up to the maximal level that impedes laterally spill over [overflow].

3. “The stream bed”, along which normally flow rain waters, is the average water surface during an annual rain season of 25 years period.

4. “The bed of lakes, basins and surface reserves” is the surface of land covered with water, where is reached the maximal 25 years period level.

5. “Coasts [banks]¹” are lateral strips of land bordering the seas, lakes, reservoirs, lagoons and basins as well as along the flow of rivers and streams that based on the use include minimum two areas:

a)in a width of 5 m to the perpendicular direction with land from the upper side of the natural bed to the slope coasts and in a width of 20 m from the maximal 25 years period level line of water in flat coasts that is used for public purposes provided for by separate provisions;

b) in a width of 100 m to the perpendicular direction with land form the upper side of the natural bed to the slope coasts and 200 m from the maximal 25 years period level line , in which any performed activity shall be determined by the water authorities.

The separation border of the slope coast with the flat one is inclination of 10 % to the perperndicular direction with the coast.

The width of the two areas, determined above, may increase by separate provisions when topographical conditions or those of the water reserves of beds or banks of rivers deem that necessary for the safety of life and property.

6. “Water-bearing [aquiferous] basin” is the area of land within which the water after joins a single flow through a network of superficial and subterrenean flows, spills over to the sea. The geographical borders of the watershed basin are determined by the topographical maps according to water separation lines.

7. “User” is any district, municipality, village, commune, water users association, state or privat enterprise, natyral and juridical person that deals with exploration, production, use of water reserves and discharges extra or used waters or other substances.

8. “Discharge” means any spill over [spill out] or a deposit, directy or indirectly of extra [excessive], used, sewage, waste waters, of chemical products and underproducts, dispite of their nature [composition] to the water reserves in the ground, underground or escavated sites.

9. “Water pollution” is the action and impact of putting into water of solid and gaseous mater, of life organisms and energy forms, that directly or indirectly change the quality of the water, jeopardising its further use.

10. “Permit” is a right given in writing by the determined organs in this law to use a quantity of water or discharge for a determined purpose and time. The annulment of the permit shall be executed in accordance with Article 23 .

11. “Authorization” means a writen permit by the determined organs in this law, permitting the bearer to perform research, studies, explorations or other activities of this kind, where the use or the discharge of water is not the purpose of issuance of this authorization.

12. “License” is a right in writing that is obtained by the competent organs determined by the legal provisions, which permits to its bearer to perform professional activity in the fields of application of this law.

13. “Concession” is a type of contract in writing, through which determined organs in this law permit to its bearer to enjoy an exclusive right of use of water reserves or to perform discharges as specified in the terms of concession. The use of water reserves and discharge shall presume that the concession bearer is provided with relevant licenses for the activities determined in the concession.

14. “The National Strategy of Waters” is:

(i) Determination of national objectives in the field of water reserves, of institutional structures for implementation of the strategy including the legal, regulatory and technical framework and nomination of co-ordinative mechanisms;

(ii) Provision of water requests balanced and co-ordinated with the national, regional and sectorial development taking into consideration the possibility of water reserves utilization;

(iii) Identification of priority programs and projects for the short-term, mid-term and long-term implementation of the strategy;

(iiii) Preservation and rationalizing of water use in harmony with the environment and other natural reserves;

15. “The Water Authority” is:

(i) The basin Council, authority of which is exercised within the borders of a basin;

(ii) The National Council of Water and its technical secretariat, whose authority is exercised in the entire territory of the Republic of Albania.

16. “The free use of water” is the use that can be performed without any prior administrative formality.

17. “The harmful effects of water” are damages caused by floods and extraordinary plots, excessive salting, errosions and land errosion, solid sediments, etc.

Article 3

State property

1. Are state property the following:

a) All water reserves of the Republic of Albania, determined in Article 2, paragraph 2, of this law.

b) All beds and banks of rivers, streams or other water flows, permanent or temporary, of canals, lakes, basins, lagoons and reservoirs, natural or artificial, the island and sediments of sand, stones and soils in the bed of rivers, lakes and reservoirs, as well as subterrenean waters geological formations.

c) All hydro-technical objects and works created by the state such as barriers, watering, irrigation, sailing, water supply systems, canals and their related works.

ç) The land obtained by the strech out of water or land advancement towards water.

2. The right of ownership of the state is untransferable and unprescribable.

CHAPTER II

a) In the preservation of the integrity of watershed basin taking into consideration socio-economic requirements for water reserves and protecting and preserving the quality of these reserves for the future generations and also the pretection of environement.

b) In the integration of public control over water reserves with territorial planning and with projects of social-economic development in the national, regional and local level.
Article 5
Organs of water management
1. The management of water reserves of the Republic of Albania shall be executed by the National Council of Water (NCW) and by the technical sekreatariat at the national level, as well as by the basins authorities at the local level and by other agencies and organisms that the NCW may appoint.

2. The Council of Ministers shall determine the composition of the National Council of Waters representing central organs and institutions that have water as a main activity.

3. The National Council of Water shall determine the composition of the water technical secretariat and of the basins councils.

4. For management of border waters, on the proposal of the NCW, the Council of Ministers designates a special commission that manages relations for these waters with bordering countries based on the Albanian legislation and on relevant international conventions.

Article 6

a) To propose draft laws and by-laws on any kind of activity in the field of water reserves.

b) To prepare the legal, technical and regulatory framework for application of this law, as well as to issue guidelines and to undertake other actions necessary for implementation of the water reserves national plan.

c) To direct and to approve plans of watershed basins.

ç) To approve inter-regional and national plans and projects in the field of agriculture, urbanology, industrial and territorial development, to the extent that these plans and projects are related to planning, management and preservation of water reserves.

d) To determine territorial borders of respective watershed basins in the entire country and to determine location of the basin center and where the register of water will be kept.

dh) To establish organs and organizational units subordinate of the Council to facilitate the management of water reserves and for application of this law.

e) To propose and adopt adequate measures for application of any international agreement or convention on water resources in which the Republic of Albania is a signatory party.

ë) To approve issuance of concessions on water reserves in cases determined by the provision of the Council of Ministers. When these reserves are of a national importance, the agreement is effective after ratification by the People’s Assembly.

2. The National Council of Water may exercise other functions designated by separate acts of the Council of Ministers.

3. NCW has the right to request from the ministries, committes, agencies and all other state units, data, analysis or the necessary technical and consultative support needed to prepare the national water strategy and the national plan of water reserves.
Article 7

Technical Secretariat

Technical secretariat is an executive organ of the National Council of Water, which is established by decision of the Council of Ministers and has the following duties:

a) To implement the national policy of water reserves approved by the NCW;

b) To apply provisions of this law;

c) To compile the central inventory of water reserves either of quantity or of quality mode according to the rules decided by the NCW;

ç) To issue permits and authorizations for the use of water and for discharges when the activity is performed outside the border of a single basin;

d) To promote participants of water users in the direction and management of water reserves;

dh) To apply provisions of international agreements on trans-border water reserves, part of which is the Republic of Albania;

e) To publish reports and give opinions on issues pertaining to water reserves and to submitt to the NCW for approval. Ministries, scientific research institutions and other state organs shall be obliged to reply in time to the requirements of the technical secretariat about information, assistance and collection of necessary data for preparation of studies.

ë) To promote studies and research for the development of technical innovations related to use, discovery, utilization, preservation, ricycling, treatment, protection, management and efficient use of water reserves;

f) In co-operation with scientific research intitutions to determine the fields of research and study on water reserves as well as allocate proper funding to them.

Article 8

2. In each river basin or group of river basins of the Republic of Albania shall be established the basin Council, provided that the limitations deriving from international agreements are acknowledged. The basin Council has a juridical status and is a subordinate of the technical secretariat of the NCW.

3. Composition, rights and duties of the basin Councils shall be determined by the NCW.


CHAPTER III
NATIONAL STRATEGY OF WATER AND PLANNING OF WATER RESERVES

Article 9

2. The above-mentioned plans shall be made public and compulsory. They are co-ordinated with other plans, which may be affected reciprocitly. Procedures of elaboration, revision and approval of water reserves plans shall be determined by regulation.