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Ordinance 96-13                                                                       

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Ordinance n°96-13 of 28 Moharram 1417 corresponding to 15 June 1996, modifying and complementing the law n°83-17 of 16 July 1983, concerning the waters code. (23 articles)

Article 1
The provisions of the present ordinance aims at modifying and complementing the provisions of the law # 83 17 of 16 July 1983 concerning the waters code.

Article 2
The 1st paragraph of the 1st article of the law # 83 17 of 16 July 1983 concerning the waters code is modified as follows "Article 1. The present law aims at implementing the national policy of water as a national collectivity possession tending to…" (no change with the rest).

Article 3
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an Article 1a written as follows " Article 1a ".
The national policy of water rests on the following principles
-unity of management, integrated management, water economy, decentralization, users coordination and participation,
-consideration for the hydrologic cycle unit of the hydrographic basin and hydraulic systems,
-compatibility of the waters management with the territory development policy, the nature and environment protection.

Article 4
The provisions of the Article 21 first dqsh of the law # 83 17 of 16 July 1983 concerning the waters code are modified and complemented as follows
"Art. 21…..As a public law act by which the administration puts a legal entity, public or private, in charge of ensuring a public interest service. As such, it may be granted in favour of public establishments and enterprises, as well as to local collectivities and legal entities of private law.
These latter must justify the necessary qualifications of which the terms and conditions are specified by regulatory means. The concession may also consist in the hydraulic infrastructures realization in view of their exploitation by the dealer. It is, in all cases, accompanied with the terms of reference.

Article 5
The Article 48 provisions of the law # 83 17 of 16 July 1983 concerning the waters code are complemented and written as follows
"Art. 48 – The state, the local collectivities, the public establishments, the users and other dealers of public services…..which carry out works….. (no change with the rest).

Article 6
The Article 49 provisions of the law # 83 17 of 16 July 1983 concerning the waters code are complemented and written as follows "Art.49- It is instituted in aid to the State, local collectivities, public establishments, users and other public services dealers…..(no change with the rest).

Article 7
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 55a written as follows
"Art. 55a – The wali is obliged to carry out regularly, within the scope of sanitary control designed by the laws and regulations in force, analyses control of the quality of water intended for human consumption. He renders public the results of these controls.

Article 8
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 85a written as follows
"Art. 85a – The towns of more than one hundred thousand (100,000) inhabitants must have imperatively available purification processes and systems for liquid wastes. Are submitted to the same obligations fixed by the preceding paragraph, the localities situated in the perimeters of protection, upstream the hydraulic works for supplying the populations in drinkable water.
The implementation terms of the present article provisions are specified by regulatory channels.

Article 9
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 102a written as follows
"Art. 102a – Without prejudice to the previous article provisions , the industrial units, whatever their domain, must proceed to their putting in conformity their installations to the rejection norms, as fixed by the regulation in force, They must, in all cases, proceed to an adequate treatment of their effluents in conformity with the regulation in force.

Article 10
The Article 113 provisions, of the law # 83 c17 of 16 July 1983 concerning the waters code, are complemented by a third dash written as follows -" the oueds alluvial deposits are threatened of overexploitation "

Article 11
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 125a written as follows
"Art. 125a – The planning of the water resources mobilization and use has as its general objectives to reach a better satisfaction of water demands, to balance and harmonize the regional and local area development by increasing the resources availabilities , by protecting the quality, by economizing its usage and by rationalizing its use in harmony with the environment and the other natural resources.
This planning will be realized through directing diagrams of waters development and use which fix for each basin or group of basins organized in accordance with the terms specified by regulatory means, the fundamental orientations of the water resource balanced management and the conditions of its distribution between the different users.
The development and use diagrams of the water resource are determined and approved in accordance with the terms fixed by regulatory means. The national plan or national directing-diagram of the waters development and use will retain in all hypothesis
a)the necessary measures for the coordination of regional directing-diagrams of the waters development and use.
b)the prediction and the conditions of hydraulic resources transfers in the territorial frames of different hydrographic basins.

Article 12
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 125B written as follows
"Art. 125B –The local collectivities may carry out the study, the execution, and the exploitation of all labours, works or installations presenting a general or urgency characteristic interest, within the framework of planning the water resources mobilization and use. It falls to the State, in all cases, in the terms stated in the present law, to establish the mobilization and use planning of water measures, to which will be submitted any action on the hydraulic public property.

Article 13
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 141a written as follows
"Art. 141a – When the town council manages directly its collective cleaning up systems, the pertaining expenses are covered by the product of the cleaning up tariff without prejudice to the provisions of the waters code Article 141.

Article 14
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 141B written as follows
"Art. 141B – Aids and advantages, of any kind, may be granted within the framework of the appropriation bills
-to development operations, technology implantation or modification, installations or equipments processes, as well as to changes within industrial exploitations that have as a result the reduction of water uses or consumptions, or a lesser supply at the originally polluting charges of uses waters,
-to reforesting or forest development operations that aim at the hydric resources protection and preservation,
-to fighting works against the erosion of soils,
-to favour the creation of small works for waters mobilization
-to waters valorization actions for a better use of soils.
These aids and advantages, anticipated within the framework of the present article provisions, may also be extended to operations
-of waters drinkability or dissalinesation ,
-of residuary wqters purification,
-of residuary waters systems of implantation and reutilization processes,
-of scientific research whose object is " water ".

Article 15
The Article 143 provisions, of the law # 83 17 of 16 July 1983 concerning the waters code, are modified and complemented as follows
"Art. 143 – Besides the judicial police officers and agents, are also skilful to search and record offences to the provisions of the present law engineers, senior technicians, specialized technicians, assistant techniques, specialized techniques agents and the hydraulic techniques agents as well as the irrigation perimeters exploitation agents.
The minutes reported by the above-mentioned agents prove offences until a contrary evidence is provided. In the execution of their duties, these agents are subject to the following oath
The application conditions and terms of the present article will be defined by regulatory means.

Article 16
The article 144 provisions, of the law # 83 17 of 16 July 1983 concerning the waters code, are modified as follows
"Art. 144 - …..and a one thousand (1000) to a ten thousand (10,000) Algerian Dinars fine or ….." (no change with the rest).

Article 17
The article 145 provisions, of the law # 83 17 of 16 July 1983 concerning the waters code, are modified as follows
"Art. 144 – Any offence ….. and a four thousand (4000) to a two hundred thousand (200,000) Algerian Dinars fine or ….." (no change with the rest).

Article 18
The article 153 provisions, of the law # 83 17 of 16 July 1983 concerning the waters code, are modified as follows
"Art. 153 - ….a one thousand (1000) to a four thousand (4000) Algerian Dinars fine and ….. (no change with the rest).

Article 19
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 157a written as follows
"Art. 157a – In case of condemnation for the offences suggested in the present law articles 63, 137, 138 and 151, the court may order, at the condemned person s expense, the complete publication or by extract of its decision, and eventually the diffusion of a message, informing the public about its decision motives and contents, in one or several chosen national daily newspapers , as well as its sticking up in the concerned district, without however having the costs of this publicity exceeding the total amount of the incurred fine.

Article 20
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 157B written as follows
"Art. 157B – In case of damages done to hydraulic infrastructures or attack on the conceded public property, the drinkable waters supplying, industrial, cleaning up and irrigation public services have the right to reimbursement, by the responsible person or persons or by the author of the offence, of the entailed costs, or of the prejudices subjected to these services .
As such they are entitled to associate in an action with the public prosecutor before the competent jurisdiction to which are submitted the consecutive legal actions of the offence.

Article 21
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 157-4th written as follows
"Art. 157-4th – Independently of penal prosecutions, in case of non-observation of the provisions specified by the present law by the user of the hydraulic private property, the wali gives notice to the latter to fulfill it within an appropriate deadline.
If, at the expiry granted deadline, the user has not obeyed, the wali may force him to record at the hands of a public accountant a sum corresponding to the total amount of works to be realized.
This sum will be returned little by little during the works execution. It is, if such is the case, proceeded to the recovery of the sum as in the matter of the State financial claims extraneous to tax and public property
-to proceed automatically to the execution of the prescribed measures against the concerned persons. The recorded sums implementing the above-mentioned provisions may be utilized to settle the expenses entailed by the automatic execution.
-to suspend, if such is the case, the authorization until the execution of the imposed conditions.

Article 22
It is inserted, at the level of the provisions of the law # 83 17 of 16 July 1983 concerning the waters code, an article 157-5th written as follows
"Art. 157-5th – To the effect of stopping any act liable to seriously alter the water quality, and|or the sampling on underground or superficial waters, according to the risks and the gravity of their effects on the water resource, the wali may take, by order, as a provisional title, after having informed the hydraulic minister, any useful measure such as the prohibition of works of exploitation or of the concerned installations, as well as the seizure of the equipment used when commiting the offence.
The show of hands of the ordered measure may intervene at the trouble cessation.The legal proceedings are instituted following the urgency procedure, at the initiative of the wali, before the competent jurisdiction, within a maximum deadline of eight (8) days.

Article 23
The present ordinance will be published in the Official Journal of the Democratic and Popular Republic of Algeria.
Done in Algiers, 28 Moharram 1417 corresponding to 15 June 1996.

Liamine ZEROUAL.

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