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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.