Environmental Management (Lake Naivasha Management Plan) Order, 2004 (Cap. 387)

Kenya Gazette Supplement No. 63 (Legislative Supplement No. 39) .EGAL NOTICE No. 108 r t October, 2004 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No.8 of 1999) IN EXERCISE of the powers conferred by section 42 (3) of the Environmental Management and Co-ordination Act, 1999, the Minister for Environment and Natural Resources makes the following Order: THE ENVIRONMENTAL MANAGEMENT (LAKE NANASHA MANAGEMENT PLAN) ORDER, 2004 This Order may be cited as the Environmental Management (Lake Naivasha Management Plan) Order, 2004. The Management Plan set out in the Schedule shall be applicable to the Lake Naivasha Ecosystem. SCHEDULE THE LAKE NANASHA MANAGEMENT PLAN The Lake Naivasha Management Plan (hereinafter referred to as "the Plan") is a community-based initiative, spear-headed by the local community and supported by other stakeholders and institutions with common concerns and commitment to the sustainable management and development of the lake ecosystem. The Plan has been developed to ensure that adverse impacts on the lake ecosystem are minimized and corrected while addressing identified conservation issues for which there is a large degree of consensus. The Plan shall be implemented by a special committee known as the Lake Naivasha Management Committee (hereinafter referred to as "the Committee"), comprising key stakeholders and institutions through the development and implementation of sectoral codes of conduct in consultation with various sectors. The Committee shall ensure adoption of, and compliance with the codes of conduct. The Plan emphasises that all developments within the declared Lake Naivasha Ramsar Site and the lake's catchment shall be subject to Environmental Impact Assessment (EIA), as per the provisions of the Environmental Management and Coordination Act, 1999. The Plan is a dynamic tool that shall be subject to periodic reviews, depending on emerging issues and new knowledge. The Plan addresses sustainable management issues of the Lake Naivasha environment and the natural resources within the declared Lake Naivasha Ramsar Site and the wider catchment as set out here below: WATER USE The Plan shall regulate and control water use by the following measures (a) determination of modalities of water allocation and establishment of water use policy (b) utilization of all available information to update the water budget; (c) monitoring the lake levels, rainfall, river flows and evaporation to improve the water budget database; (d) undertaking a hydrological study on the water budget of the lake; (m) all agricultural activities on Riparian land shall be prohibited; (n) all structures except those approved by the Committee on riparian land, shall be prohibited: (0) the planting of suitable indigenous fuel wood crops and screens for unsightly developments shall be encouraged; and (P) the cultivation of reverse slopes away from the Lake shall be encouraged. mE CATCHMENT AND RIVERS Through collaborative initiatives with authorities in the catchment areas, the Plan shall undertake the following measures (a) conduct an environmental appraisal of the watershed including erosion hazards and assist in evolving a District Forestry Action Plan; (b) ensure that Environmental Impact Assessments are done for major water impoundments and that the Committee participates in their approval; (c) support the rehabilitation ofdegraded and damaged areas; (d) ensure that cultivation on the river banks is stopped; (e) control tree harvesting and charcoal burning; (f) collect and collate baseline data on the integrity of the catchment area; (g) promote afforestation efforts in the catchment area; and (h) discourage unplanned settlements and unsustainable land subdivision. SPECIES MANAGEMENT The health of plant and animal species is a good indicator of the health of the Lake and the Plan shall seek to (a) monitor the food chain and support studies of raptors etc; (b) monitor the composition and abundance of submerged vegetation in the Lake; (c) protect sensitive areas of the habitat, especially breeding, feeding and resting sites and fragile ecosystems; (d) preserve and where necessary establish additional wildlife corridors; (e) carry out regular water bird counts twice each year; (f) stop introduction of alien invasive species without Environmental Impact Assessments on the ecology of the Lake; and (g) study and monitor the impacts of wildlife and livestock on the lake. TOURISM AND RECREATION As an important resource of national and international significance, tourism and recreation facilities must be enhanced and the Plan shall seek to (a) monitor the impacts of tourist activity and sport fishing on the Lake and its environs; (b) improve tourist infrastructure; (c) provide information to visitors; (bj developing a constructed wetland around the existing treatment works to purify its output and prevent environmental damage in the event of failure of the system; (c) regulating the use and siting of septic tanks around the Lake; (d) seeking alternative sources and appropriate technology for recycling common horticultural materials such as plastics, bamboo and wood; (e) establishing a mechanism for the disposal of used chemical containers and plastic; (f) monitoring the discharge of aerial chemicals and disposal of wastewater particularly from the urban sewage plant and industrial developments; (g) disallowing dumping of chemical, vegetative or sewage waste on Riparian land or in the lake: (h) disallowing pit latrines, laundry or domestic waste water discharge on riparian land; and (t) promoting proper solid waste management and disposal PUBLIC ACCESS The Plan provides for the identification and designation of public access routes as well as the development of suitable management practices to promote education, recreation and sustainable use. However, the following specific areas in and around the Lake shall be protected from human interference (a) breeding sites for wildlife and fish; (b) sensitive and fragile ecosystems: (c) areas under a rehabilitation programme; (d) wildlife corridors between the Parks and the Lake; and (e) river-mouths and other water inlet points. RESEARCH The Plan recognises the importance of research, and to ensure maximum return from research activities it shall be necessary to set up research priorities particularly to (a) develop understanding of the water balance; (b) study the food chain, including plankton and their relationship to ecological factors; (c) develop knowledge on fishery resources, including the ecology of Crayfish Black Bass and submerged hydrophytcs stands; and (d) monitor impact of socioeconomic activities on biological resources, both within the Catchment and the Lakc. AWARENESS AND INFORMATION Success of the Plan shall only be attained when all concerned understand its objectives and proactively implement its principles. This shall be achieved by (a) establishing a data information centre; (b) mounting awareness campaigns for stakeholders; REVIEW OF THE PLAN The Plan is intended to be dynamic, constantly changing as fresh knowledge becomes available. In updating the Plan the Connnittee shall (a) assess whether the operational objectives are being achieved; (b) examine whether the implementation of the Plan is on track; (c) evaluate the implementation team; (d) evaluate the cost-effectiveness of the implementation process; (e) evaluate the validity of previous assumptions in the light of monitoring results: (f) evaluate public opinion on the Plan; and (g) evaluate the status of the watershed. MEASURE OF SUCCESS The main parameters by which the success of the Plan shall be measured include (a) status of water quantity and quality: (b) employment provided and foreign exchange earned; (e) status of biodiversity; (d) community awareness and support for management issues and the Committee; (e) donor interest and levels of funding; (f) quality and usefulness of research; (g) quality of the watershed; and (h) local community development. The Plan including the background information to the Plan, the facts upon which the Plan is based and the Codes of Conduct relating to the Plan is deposited at the offices of the Lake Naivasha Riparian Association (LNRA) and the Director General, National Environment Management Authority (NEMA) whose addresses are provided below The Chairman Lake Naivasha Management Committee P.O. Box 1011, Naivasha 20117, Kenya Tel: (254) 050 50136 Fax: (254) 050 2021009 The Director-General National Environment Management Authority (NEMA) P.O. Box 67839, Nairobi 00200, Kenya Tel: (254) 026 605526/609013179 Fax: (254) 020 608997 Dated the 3rd September, 2004. S. K. MUSYOKA, Minister for Environment and Natural Resources.