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 Legislation

 
Introduction

The Lebanese law governing the water sector dates back to the Ottoman and French regimes. The out-of-date law, coupled with the “political instability” that Lebanon witnessed during the period 1975-1989, brought about many tribulations associated with the mismanagement of the water sector (MOE et al., 2004). However, the recognition of the significance of sustainable water management pointed policy makers towards the development of new laws addressing:

  • The management of the water sector (Law No. 221 of 2000 and its amendments), which aimed at inducing institutional change and assigning the responsibilities to parties governing the water sector (mainly the Ministry of Energy and Water and water and wastewater utilities). However, the law was not based on a profound assessment that took into consideration the current political, legal, socioeconomic and environmental situation in Lebanon. This resulted in several drawbacks, such as: 
    • The modification of many laws, decrees, and decisions, which are often contradictory to one another, and 
    • The generation of conflicting rather than complementary roles among the institutions. 
  • Environmental protection (Law No. 444 of 2002), which emphasized the role of the Ministry of Environment (MOE) in promoting the sustainable use of natural resources, the prevention of environmental pollution and degradation, and the promotion of public safety characterized by a stable environment. However, the lack of enforcement decrees and mechanisms for this law results in its ineffective implementation.

The aforementioned weaknesses are the grounds for the non-implementation of many of the laws, decrees, and regulations. The lack of financial, human, and technological resources aggravates the situation. Details relating to the main national laws, their focus, content, and implementation status are presented below.

 

 
Legislative Documents, Focus, Content and Implementation Status

Reference

 Focus

 Content

Implementation Status

Decision No. 320 of 1926

Water Quality

Emphasizes on the prohibition of the direct or indirect disposal of animal manure and the formulation of wastes depots within the haram (protection zone) of water springs used for public use.

Not implemented since it is outdated

(General Health Rules)
Legislative decree No. 16/L of 1932

Water Quality

Emphasizes on the development of a protection zone around a well or a spring used for drinking water supply, and the prevention of any activity of potential risk within the protection zone.

Not seriously implemented since it is outdated and not revised.

(Protection and Use of Public Water Properties)
Decree No. 2761 of 1933 (articles 5&6)

Water Quality

Emphasizes on the prohibition of the direct or indirect wastewater discharge and waste disposal into the sea and water streams.

Not implemented due to lack of enforcement mechanisms

(Drinking water abstraction projects)
Legislative decree No. 227 of 1942 (articles 2 &4)

Water Quality

Emphasizes the authorization of the usage of water resources for drinking purposes and the identification of protection zones.

Not implemented

(Water Sources Protection Zone delineation)
Decree No. 10276 of 1962 amended by decree 7007 of 1967

Water Quality

Emphasizes on the identification of protection zones for water resources, based on the results of geological studies.

Implemented but the council responsible of determining the protection zone does not have the resources required.

(Water Sector Management)
Law No. 221 of 2000,
article 2, paragraph 11

Water Quality

Indicates the responsibility of the MEW in the assessment of the water quality.

Implemented by the regional water and wastewater establishments for few physiochemical parameters.

(Environmental Protection)
Law No. 444 of 2002, article 35 &36

Water Quality

Indicates the coordination between the MOE and MEW for developing an Integrated Approach towards the management of natural resources, in addition to setting the criteria for implementing and supervising appropriate disposal and discharge methods of pollutants of potential risk to water sources.

Not implemented due to the lack of coordination mechanisms between the ministries

(Guidelines and Criteria for Permitting the Construction and the use of Industries)
Decree No. 8018 of 2002, article 20

Water Quality

Indicates the required distances of the industrial zones from the surface and groundwater bodies.

Non adequate legislation

(Criteria for the Use of Sand and Rock Quarries)
Decision No. 182/1, 183/1, 184/1, 185/1, 186/1 of 1997, Articles 2

Water Quality

Emphasizes on conducting EIA studies for proposed quarrying sites (to protect the water resources)

There is no implementation decree

(Wastewater treatment plants liquid waste and air pollution standards)
MOE, Decision 8/1 of 2001, Appendix 4 & 5.

Water Quality

Involves the criteria and standards of wastewater and air pollutants that should be discharged or emitted from a wastewater treatment plant for the protection of the water resources and the environment.

Partially implemented

Decision No. 320 of 1926

Water Quantity

Emphasizes on the problems of water usage and allocation

Still implemented

(Environmental Criteria to Permit the Construction and the Use of Tanneries)
Decision No. 75/1 of 2000, article 3, paragraph 1-3

Water Quantity

Emphasizes on: a) the rationalization of water use along the industrial production course, and b) water reuse.

There are no specific guidelines.

(Environmental Criteria to Permit the construction of buildings within the protection zones of rivers belonging to the Ministry of Environment)
Decision No. 90/1 of 2000, (article 2, paragraphs 1&2)

Water Quantity

Emphasizes on rationalizing water use in construction activities.

Not implemented due to the lack of enforcement mechanisms.

(Environmental Criteria to permit the construction and the use farms, dairy processing plants, plastic industries, and fruit processing plants)
Decision No. 3/1of 2000, (article 3, paragraphs 1&3), Decision No. 5/1 of 2000, (article 3, paragraph 1&3). Decision No. 16/1 of 2001, (article 3, paragraphs 1&3), Decision No. 29/1 of 2001, (article 3, paragraphs 1&3) Decision No. 61/1 of 2001, (article 3, paragraph 1&3),

Water Quantity

Indicates water conservation methods to limit water consumption in production and cleaning in industrial settings. Examples are: dry cleaning, high pressure nozzles, and the” BATCH” method used for cleaning fruits and vegetables.

Not implemented due to the lack of enforcement mechanisms.

(The Management of Water Abstraction and its Use)
Decree No. 14438 of 1970, articles 2, 11, 16

Water allocation (water abstraction)

Emphasizes the necessity of getting a 4 -year permit for groundwater abstraction (springs), and drilling boreholes exceeding 150 m of depth. The permit should also include the purpose of use (domestic, agricultural, or industrial).

Not totally enforced due to the inadequacy of the law given that the government cannot provide secure water resources.

 (General Health Rules)
Legislative decree No. 16 of 1932, article 14

 Water allocation (Domestic use)

 Indicates that a minimum drinking water quantity of 5L/capita/day is to be allocated for an area of at least 500 inhabitants.
NB. The exact amount of required domestic and drinking water has not been yet estimated.

 Not implemented since the law is outdated.

 (General Industrial Health Criteria)
Decision No. 6/1 T of 1936, appendix 2

 Water Allocation
(Industrial use)

 Emphasizes the prevention of the use of wells or cisterns/tankers as sources for water supply. Instead, water should only be supplied from the public piped water network, or springs.

 Not implemented since the government cannot secure enough water.

 (Management of Water Abstraction and Its Use)
Decree No. 14438 of 1970, article 9

 Water tariffs

 Indicates the annual fees for water abstraction in public (1,000,000 LL/yr) or private (500,000 LL/yr) properties. This also includes the cost of property damage and the cost of utilizing the property.

 Implemented

 (Water Use System in Tripoli)
Decree No. 10231 of 1955, article 1, paragraph A

 Water tariffs (domestic use)

 Flat annual rate is charged for areas without a metering system.

 Not yet implemented

 (The Management of Water Abstraction and Its Use)
Decree No. 14438 of 1970, article 15

 Water tariffs
(Agriculture and industry)

 Indicates the annual rates per 1 m3 of the total amount of water licensed for irrigation (100 LL/m3), and industrial activities (600 LL/m3). This may also include the cost of damage of the property.

 Not enforced

 (Water Sector Management)
Law No. 221 of 2000, (article 4, paragraph 1)

 Water tariffs

 Indicates the necessity for recommending a new tariff structure for drinking and irrigation, taking into account the socioeconomic situation.

 Partially implemented

 Decision No. 320 of 1926

 Water Rights

 Emphasizes the problem of water rights

 Implemented as water code

 (Public Property)
Decision No. 144/S of 1925, article 2

 Water Rights

 Indicates the water resources owned by the public sector (shores, lakes, waterfalls, rivers, dams, hydraulic infrastructure used for public use…)

 Implemented

 (The Law of Real Estate)
Decision No. 3339 of 1930, article 60.

 Water Rights

 Indicates that water springs that cannot be used for the public benefit can be owned by individuals.

 Implemented

 (Environmental Protection)
Law 444 of 2002, article 57

 Sanctions

 Identifies the set of administrative penalties by the MOE, which are; a) payment for the restoration of damaged sites, b) annulment of permits, c) setting mitigating measures for projects to reduce their impacts, d) charging of penalties.

 Not implemented due to the absence of enforcement mechanisms

 (The Law of Penalties)
Legislative decrees No. 340 of 1943, paragraphs 745-749

 Sanctions

 Imprisonment of those who executed any offensive activity, such as unauthorized drilling, pollution of water sources… This also involves paying of penalties.

 Implemented