PRIVATE MEMBERS’ BILL No 068... /PJL/AN
To lay down Rules Governing the
Protection and Preservation of Water Catchment Areas, Watersheds and Wetlands
in Cameroon
Presented by
Hon. AWUDU MBAYA Cyprian
And
Members of the SDF
Parliamentary Group
EXPLANATORY
STATEMENT
Private Members’ Bill No. 068.../PJL/AN to lay down
Rules Governing the Protection and Preservation of Water Catchment Areas,
Watersheds, and Wetlands in Cameroon.
Water catchment areas, watersheds and wetlands are an
important source of life and are undeniably endowed with natural resources.
They contribute to the health and the general wellbeing of Cameroonians
throughout the national territory.
In fact, Cameroon's economy partially
relies on biodiversity for improved productivity. Such is true for electrical
energy, agriculture, industry, manufacturing products (textiles, cosmetics), and
the transportation of people and goods by sea. Considering the ongoing population
growth in the world in general and Cameroon in particular and the obsolescence
of current legislation, the protection and preservation of the earth’s surface
is of paramount importance.
The objective of this Private
Members’ bill is threefold:
- to enhance the protection and preservation of water catchment areas,
watersheds, and wetlands;
- to reaffirm the importance of the said natural resources;
-
to encourage individuals, communities, businesses,
NGOs, other organizations and countries to become more involved in such
activities and to preserve the said areas.
In addition, pollution and the destruction
of such natural resources that are vital to human and animal life have a
significant impact on climate change. In this respect, a specific and strict
regulation must be implemented by all stakeholders.
This Private Members’ bill which has
five chapters of 14 sections, seeks to establish a regime of water catchment
areas, watersheds and wetlands through the general provisions (Sections 1-2); destructive
and harmful activities to such areas (Sections 3-5); the supervisory authority
(Sections 6-7); management and exploitation (Sections 8-9, obligations and
penalties (Sections 10 - 13) and final provisions (Section 14).
The adoption of this bill by the Nation’s Representatives shall give Cameroonians access to water on a permanent basis and pave the way for a sustainable progress in their development endeavour.
The adoption of this bill by the Nation’s Representatives shall give Cameroonians access to water on a permanent basis and pave the way for a sustainable progress in their development endeavour.
Such is the purport of this Private
Members’ Bill tabled before Parliament for consideration.
CHAPTER 1
Regime
of wetlands
SECTION 1:- (1) The purport of this law is to lay down rules
governing the protection, preservation and management of water catchment areas,
watersheds and wetlands in Cameroon.
(2) This law shall apply
in all water catchment areas, watersheds and wetlands in Cameroon.
(3) Such areas and wetlands
shall be part of the national heritage.
SECTION 2:- The following definitions shall apply within the
context of this law and its enabling instruments:
-
Catchment area: area where water is collected
-
Wetlands: area soaked by water
-
Swamp: uncultivated wetland where marsh extends to
-
Marsh: nape of standing water covering land partially
invaded by vegetation
-
Pond: less extensive body of water not as deep as a lake
-
Backwater: the dead arm of a river
-
Salt marsh: pool dug near the coast to extract salt from
seawater by evaporation (saliva)
-
Basin: territory watered by a river and its tributaries
CHAPTER II
DESTRUCTIVE
OR HARMFUL ACTIVITIES TO SUCH AREAS
SECTION 3:- Within the framework of this Law, the
following shall be considered destructive
or harmful activities:
-
illegal or
illicit exploitation of areas referred to in this Private Members’ bill;
-
abusive and uncontrolled exploitation of natural resources,
fishes and animals found in the said areas;
-
spoliation;
-
dumping of wastes and toxic products.
SECTION 4:- Notwithstanding the cases referred to under Section 3
above, any other activity prejudicial to wetlands and watersheds shall be
prohibited.
ARTICLE 5:- The use of heavy industrial equipment that
can cause damage to property and the environment in areas governed by this law
shall also be prohibited.
CHAPTER
III
THE SUPERVISORY AUTHORITY
SECTION
6:- (1) The Minister of Environment, Protection of Nature and Sustainable Development
shall determine the objectives of the State relating to the protection and
preservation of areas and wetlands governed by this Law.
(2) He may also determine
the said objectives together with other ministries whose assistance is deemed
necessary.
SECTION 7:- Catchment areas and watersheds, contours, boundaries and geographical areas
of the wetlands shall be set and approved by the authority referred to under Section
6 (1) above.
CHAPTER
IV
MANAGEMENT
AND EXPLOITATION
SECTION 8:- (1) The management of water catchment
areas, watersheds and wetlands throughout the national territory shall be the
responsibility of the Ministry of Environment, Protection of Nature and Sustainable Development.
(2) The powers defined
under sub Section 1 above may be delegated within the framework of
decentralization.
(3) The modalities
for the delegation of powers referred to under sub Section 2 above shall be
defined by regulation.
SECTION 9:- (1) The exploitation of
catchment areas, watersheds and wetlands shall devolve on public and private
corporations on the one hand and economic operators who find it beneficial on
the other hand.
(2) Notwithstanding
the regime and nature of exploitation, the latter shall be subject to the
payment of an annual fee of 2.5% to 5% in accordance with the turnover
declared.
CHAPTER V
OBLIGATIONS AND PENALTIES
SECTION 10:- (1) Within the framework of this law, operators in catchment areas,
watersheds and wetlands must respect substantive obligations.
(2) The obligations referred to in sub Section 1
above shall be respected through the following public utility activities:
a) planting of trees;
b) irrigating wet surfaces;
c) draining marshy areas,
d) protecting and preserving rare
species found in such areas;
e) respecting the provisions of
Sections 3, 4 and 5 herein above.
SECTION 11:- Offences committed by managers and operators in catchment
areas, watersheds and wetlands shall be liable to penalties whose amount shall
be fixed by regulation.
SECTION 12:- Notwithstanding the penalties referred to under Section 11 above, criminal charges may be brought against the offenders.
SECTION 13:- (1) The amounts fixed as penalties for offences likely to cause prejudice
to the State, beneficiaries, managers and operators of water catchment areas,
watersheds and wetlands shall depend on their degree of seriousness.
(2) The amounts
referred to under sub Section 1 above shall be determined in accordance with
the provisions of Sections 3, 4 and 5 of this Law as follows:
a) 25 000 (twenty five thousand) francs CFA
per day for minor offences with effect from the day the offence was reported;
b) 50.000 (fifty thousand francs)
CFA per day for any misdemeanour with effect from the day such misdemeanour was
reported;
c) 500 000 (five hundred thousand
francs) CFA per day with effect from the day all felonies resulting from collusion
are reported.
CHAPTER VI
FINAL PROVISIONS
SECTION 14:- This law shall be registered,
published according to the procedure of urgency and inserted in the Official
Gazette in English and French.
When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)
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