Private Members’ Bill No 068…/PPL/AN To Lay Down Rules Governing The Protection And Preservation of Water Catchment Areas, Watersheds And Wetlands In Cameroon

Hon. Awudu Mbaya Cyprian

Presented by Hon. AWUDU MBAYA Cyprian And Members of the SDF Parliamentary Group

Explanatory Statement

Private Members’ Bill No......./PJL/AN to lay down Rules Governing the Protection and Preservation of Water Catchment Areas, Watersheds and Wetlands in Cameroon.

There is a popular saying that “water is life”. Water catchment areas, watersheds and wetlands in Cameroon are undeniably important economic and natural resources in Cameroon. They contribute to the health and the general wellbeing of Cameroonians throughout the national territory.

In fact, Cameroon’s economy is predicated on water resources to diversify production in terms of electrical energy, agriculture, industry, manufacturing products (textiles, cosmetics), transportation of people and goods by sea. Considering the ongoing population 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 of 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 stake holders.

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.

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 & 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.

I   (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 & 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 referred to under sub Section I 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 the such misdemeanour was reported;

c) 500.000 (five hundred thousand francs) CFA per day with effect from die 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.