Support to the revision of the SIWA Act and Catchment Areas Regulation

Solomon Water is governed by the SIWA Act of 1992. The current Catchment Areas Regulations from 1995 have proven ineffective, suffering from unclear responsibility definitions, insufficient human and financial resources for
implementation, and provisions that no longer address contemporary needs. An update is needed to bring these regulations in line with emerging legislation, changing environmental conditions, and the actual resources available to Solomon Water. The project will begin by collaboratively developing a workplan with Solomon Water that incorporates Gender Equality, Disability and Social Inclusion (GEDSI) analysis to ensure equitable outcomes. This will be followed by a thorough review of relevant legislation, regulations, case law and policy documents alongside an assessment of the environmental and social factors impacting the catchment areas. This review will incorporate an analysis of the sources and practical application of customary law, including the ways in which customary law interacts with water law and policy (including water delivery by Solomon Water) in different areas, and the challenges and opportunities that arise due to these interactions. Crucially, our engagement with Solomon Water and input from SIELA will ensure that our review will be grounded in local legal, cultural and institutional knowledge and experience. This will enable our team to properly identify current regulatory gaps, as well as opportunities for contextually and culturally appropriate reform. Based on this analysis, recommendations for changes to both the SIWA Act and the Catchment Areas Regulations will be formulated, with careful consideration given to implementation feasibility, the role of customary law in different geographies and contexts, and resource constraints. Our team will then develop draft amendments for the Act and create revised Regulations that reflect these recommendations. Throughout the process, we will support stakeholder engagement efforts with both government entities and community members to ensure broad acceptance and understanding of the proposed changes. The project aims to deliver several key outcomes, including updated water catchment regulations that enable more climate-resilient water management practices. The revisions will thoughtfully incorporate the perspectives of communities with a focus on GEDSI while ensuring alignment with the pending Water Resources Bill. Perhaps most importantly, the proposed regulations will be specifically designed to be implementable within the local context (including the application of customary law in different geographies) and resource constraints of Solomon Water and relevant authorities, ensuring practical impact rather than creating aspirational but unachievable standards. Our team is more than experienced and equipped to deliver this project at the highest quality.