Does Drilling Boreholes Require Government Approval and Fees?

Does Drilling Boreholes Require Government Approval and Fees?

Does Drilling Boreholes Require Government Approval and Fees?

By Onyekachi Umah,Esq.
Daily Law Tips (Tip 238)

Generally, the right to use any water (both surface and unground water) in any part of Nigeria is vested on the Federal Government of Nigeria. However, any person (Nigerian or Foreigner) can take water without any charge for domestic use and watering of livestock from a publicly accessed free water source. Also, any person can use water for fishing or for navigation so far as it is not against any law in Nigeria. And, a person who has either a statutory or customary right of occupancy to any land in any part of Nigeria, has the right to take and use water including unground water source (like Wells and boreholes) from that land for domestic purposes, and agricultural purposes WITHOUT ANY CHARGE, COST, FEE, TAX or LEVY.

Hence, the recent demands for borehole levy by locals, estate administrator and some groups across Nigeria are illegal and should be stopped. The Federal Minister and the Federal Ministry of  Water Resources have a huge role to play in safeguarding the “Right to Take and Use Water” of all persons in Nigeria, as enshrined in the Water Resources Act, 1993 (WR Act).

Click to access the Water Resources Act, 1993

The writer is not unaware of the Water Use and Licenses Regulations 2016 (WUL Regulations) which came into action on 27 January 2016. Among other things, the WUL Regulations provides that the construction of boreholes will needed the approval of the Minister of Water Resources, where it affects specific water sources (about 7 water sources that affect more than one state in Nigeria). The provision is inline with section 2 of the WR Act. However, the provision on boreholes has been wrongly and mischievously interpreted by some persons to mean that the activity of construction of boreholes in Nigeria requires the approval of the Minister of Water Resources.

Click to access the Water Use and Licenses Regulations 2016.

So, contrary to public opinion, Drilling Boreholes outside the few water sources shared among states in Nigeria doesn’t  require Government Approval or the payment of any Fees to Government. However, there are few water sources (about 7 water sources among states) in Nigeria that will require government license for boreholes to be constructed in/on them.

This work was earlier published with the title; “Is It Legal For Government Or Any Group To Charge You For Drilling Borehole On Your Land?”.

Click to access the Water Resources Act, 1993. 

Click to access the Water Use and Licenses Regulations 2016.

References:

1. Sections 1, 2, 8, 9, 10, 13, 20 and 21 of the Water Resources Act, 1993.

2. Regulations 1, 2, 3, 4, 5, 6, 27 and 28 of the the Water Use and Licenses Regulations 2016.

Sabi Law Projects:

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnTheBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

****************************************************************************************

This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.

DISCLAIMER:

This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners.

PROJECTS: 

🛒 Take short courses, get samples/precedents and learn your rights at www.SabiLaw.org

🎯 Publish your legal articles for FREE by sending to: eve@sabilaw.org

🎁 Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 5

KEEP IN TOUCH:

Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via:

YouTube: SabiLaw

Twitter: @Sabi_Law

Facebook page: SabiLaw

Instagram: @SabiLaw.org_

WhatsApp Group: Free Daily Law Tips Group 5

Telegram Group: Free Daily Law Tips Group

Facebook group: SabiLaw

Email: lisa@sabilaw.org

Website: www.SabiLaw.org

ABOUT US & OUR PARTNERS:

This publication is the initiative of the Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010.

DONATION & SPONSORSHIP:

As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here  or contact us for sponsorship and partnership, via: lisa@SabiLaw.org or +234 903 913 1200.

***********************************************************************************