National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 (No. 3 of 2000)

STATUTORY INSTRUMENTS SUPPLEMENT No.1 STATUTORY INSTRUMENTS SUPPLEMENT THE NATIONAL ENVIRONMENT (WETLANDS, RIVER BANKS AND LAKE SHORES MANAGEMENT) REGULATIONS, 1999 ARRANGEMENT OF REGULATIONS Regulation PART I - PRELIMINARY 1. Citation. 2. Interpretation. PART II - MANAGEMENT OF WETLANDS AND WETLAND RESOURCES 3. Application of this Part of Regulations. 4. Objective. 5. Principles. 6. Technical Committee on Biodiversity Conservation. 7. Functions of district and local environment committees. 8. Protected wetlands. 9. Procedure for declaration of a specially protected area. 10. Inventory of wetlands. 11. Uses of wetlands. 12. Wetland resource use permit. 13. Rejection of permit. 14. Revocation of permit. 15. Temporary permits. 16. Implied covenant. 17. Duty of land owners and users. PART III - MANAGEMENT OF RIVER BANKS AND LAKE SHORES 18. Application of this Part of Regulations. 19. Objective. 20. Principles. 21. Identification of river banks and lake shores. 22. Register of degraded river banks and lake shores. 23. Application for a permit to use a river bank or lake shore. 24. Rejection of application. 25. Revocation of permit. 26. Duty of local councils. 27. Duty of environment officers. 28. Duty of private land owners and users. 29. Protection zones for river banks. 30. Protection zones for lake shores. 31. Protection of lake shores and river banks used for purposes of tourism. 32. Access to natural beaches or rivers and lakes. 33. Sanitation. PART IV - MISCELLANEOUS PROVISIONS 35. Environmental impact assessment. 36. Environmental restoration order. 37. Improvement notice. 38. Offences. 38. Penalties. 39. Appeals. 40. Delegation of powers and functions. SCHEDULES FIRST SCHEDULE Form A - Application for a Permit to carry out a Regulated Activity in a Wetland, River bank and Lake shore. Form B - Permit to carry out a Regulated Activity in a Wetland, River bank or Lake shore. SECOND SCHEDULE Regulated Activities in a Wetland. THIRD SCHEDULE Wetlands of International Importance. FOURTH SCHEDULE Fees. FIFTH SCHEDULE Register of River Banks and Lake Shores. SIXTH SCHEDULE Rivers. SEVENTH SCHEDULE Lakes. S T A T U T O R Y I N S T R U M E N T S. 2000 No.3 The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000. (Under section 108 of the National Environmental Statute 1995, Statute No.4 of 1995) IN EXERCISE of the powers conferred on the Minister by Part VII and section 108 of the National Environment Statute, 1995; and upon the recommendation of the Board and the Policy Committee on the Environment, these Regulations are made this 23rd day of December, 1999. PART I-PRELIMINARY Citation 1. These Regulations may be cited as the National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 1999. Interpretation 2. In these Regulations, unless the context otherwise requires "agriculture" means all farming activities including cultivation, agroforestry, bee keeping, livestock management and aquaculture; "alien specie" means any specie of a plant or animal whose natural range does not or did not in the past exist in a specific part of Uganda or the whole of Uganda; "Authority" means the National Environment Management Authority established under the Statute; “beach” means an accumulation of sand or gravel found at the landward margin of a lake; the lower limits approximating to the position of the highest and lowest tidal water levels; "biological diversity" means the variability among living organisms from all sources including, inter alia, terrestrial ecosystems and aquatic ecosystems and the ecological complexes of which they are part; including diversity within species, between species and of ecosystems; "Board" means the Board of Directors of the Authority established under section 9 of the Statute; "community" means an assemblage of human beings living in a defined geographical area and identified by common history, common culture or common residence in an area; “conservation” means looking after and managing a resource so that the resource maintains its ability to fulfill its functions and provide goods and services for present and future generations; "drainage of wetlands" means the removal or exclusion of water from a wetland by pumping, excavation of channels, planting in a wetland fast growing non-wetland trees or plants, abstraction of water from a river entering a wetland, channelling, reclamation and drainage itself; "Executive Director" means the executive director of the Authority appointed under Section 12 of the Statute and includes, for the purposes of these Regulations, a person authorised by the Executive Director to act on his or her behalf; "hunting" includes the doing of an act immediately directed at killing, wounding, injuring or capture of any animal and the taking or wilful molestation of any nest, lair or other place where a dependant young animal is born, hatched, or reared; "inspector" means an inspector designated as a environmental inspector under section 80 of the Statute; "lake" means a body of fresh or salt water of considerable size, completely surrounded by land, or a natural body or pool of water; "lake shore" means the land not more than 100 metres adjacent to or bordering a lake; "lead agency" means any ministry, department, parastatal agency, local government system, or public officer in which or upon whom any law vests functions of control or management of any segment of the environment; "livestock" includes cattle, horses, donkeys, mules, pigs, sheep, goats, camels and all other domesticated animals; "low water mark" means the historical point at which the lowest level of contact between the water and the shore or the bank as the case may be was recorded; “Minister” means the Minister to whom the President has assigned responsibility for the Statute; "modification" means any man-made change in the natural state of a wetland, riverbank or lake shore and may include drainage; "natural resources" means land, air, water, vegetation, fish, wildlife, rivers and streams, wilderness, natural beauty, scenery and open space; "occupier" means, for the purposes of these Regulations, a person in occupation of any land on which there is a wetland, riverbank or lake shore; "palustine" means a wetlands ecosystem, including all non-tidal wetlands dominated by emergent mosses or lichens, persistent emergents, shrubs or trees; the area is less that 8 hectares, there is no wave action and the maximum depth at low water is less than 2 metres; they are bounded by either dry land or other wetland system type; "person" means a natural or legal person; "Policy Committee" means the Policy Committee on the Environment established under section 8 of the Statute; "protected species" means any plant or animal declared as a protected specie under these Regulations; "protected wetlands" means an area declared as a protected wetland under these Regulations; "restoration" means regeneration or putting back a wetland, riverbank or lake shore Statute No. 4 of 1995; to the state it was in or near to what it was before it was modified; "river bank" means the rising ground, not more than 100m long, bordering or adjacent to a river in the form of rock, mud, gravel or sand and in cases of flood plains includes the point where the water surface touches the land, that land not being the bed of the river; "river" means a body of natural surface stream of water of considerable volume permanently or seasonally flowing in a defined channel; "riverine" includes wetlands along rivers and streams; "soil" means earth, sand, rock, shales, minerals, vegetation and the flora and fauna in the soil and the derivates thereof such as dust; "soil erosion" means, a general process whereby soil particles are worn away or removed by natural agencies, including weathering, solution, corrosion and transportation; “Statute” means the National Environment Statute, 1995 "sustainable utilisation" means the practice of human utilisation which ensures the greatest benefit to present generations while maintaining its potential to meet the needs and aspirations of future generations; "water" includes river, stream water course, reservoir, well, dam, canal, channel, lake, swamp, open drain or underground water; "wetlands" means areas permanently or seasonally flooded by water where plants and animals have become adapted; and include swamps, dambos, areas of marsh, peatland, mountain bogs, banks of rivers, vegetation, areas of impeded drainage, or blackish salt; "wetland produce" includes fish, fibre, fruit, papyrus, grass, soil, stone, gravel, sand and such other thing as the Minister may, by statutory instrument declare to be wetland produce; "wetland resource use permit" means a permit granted to a person, community or organisation to make extractive utilisation of wetlands and other non extractive uses such as tourism and cultural activities in accordance with the grant under these Regulations; "wise use" means sustainable utilisation of wetlands in a way compatible with the maintenance of the natural properties of the ecosystem; PART II-MANAGEMENT OF WETLANDS AND WETLAND RESOURCES Application of this Part of the Regulations 3. (1) This Part applies to all wetlands in Uganda. (2) The Government or a local government shall hold in trust for the people and protect wetlands for the common good of the citizens of Uganda. (3) Government or a local government shall not lease out or otherwise alienate any wetland. Objective 4. The objective of this Part of the Regulations is to a) provide for the conservation and wise use of wetlands and their resources in Uganda; b) give effect to clause 2 of article 237 of the Constitution of Uganda; (c) ensure water catchment conservation and flood control; (d) ensure the sustainable use of wetlands for ecological and touristic purposes for the common good of all citizens; (e) ensure that wetlands are protected as habitats for species of fauna and flora; (f) provide for the regulated public use and enjoyment of wetlands; (g) enhance research and research related activities; and (h) minimize and control pollution. Principles 5. The principles set out in this Part shall be observed in the management of all wetlands as follows: (a) wetland resources shall be utilised in a sustainable manner compatible with the continued presence of wetlands and their hydrological functions and services; (b) environmental impact assessment as required under the Statute is mandatory for all activities in wetlands likely to have an adverse impact on the wetland; (c) special measures are essential for the protection of wetlands of international, national and local importance as ecological systems and habitat for fauna and flora species, and for cultural and aesthetic purposes, as well as for their hydrological functions; and (d) wise use of wetlands shall be integrated into the national and local approaches to the management of their resources through awareness campaigns and dissemination of information. The Technical Committee on Biodiversity Conservation 6. (1) The Technical Committee on Biodiversity Conservation established under section 11 of the Statute shall be responsible for advising the Board and the Executive Director on the wise use, management and conservation of wetland resources. (2) The specific functions of the Technical Committee in relation to wetlands includes (a) reviewing the implementation procedures for wetlands management and making the necessary recommendations to the Board and the Executive Director; (b) reviewing and recommending regulations or guidelines to be issued by the Authority to developers; (c) reviewing and advising on the environmental impact assessments, audit and monitoring; (d) advising on solutions to potential conflicts that might arise through competing requirements for wise use of wetland resources; (e) recommending activities that may be regulated in the utilisation of wetland resources; (f) advising on reconciling wetland use rights by local communities with the impact such activities may have on other natural resources; (g) (h) advising the Authority on any other issues relating to conservation and management of wetland resources. (3) The Technical Committee may co-opt any member of staff of the Authority or any person whom the technical committee deems necessary for its proper functioning. (4) The Technical Committee shall prepare and submit to the Board annual reports on its activities. (5) The meetings of the Technical Committee, shall be held whenever necessary, but in any case not less than four times a year, and shall be arranged in consultation with and facilitated by the Authority. Functions of district and local environment committees. 7. (1) The District Environment Committees shall be responsible for coordinating, monitoring, and advising District Councils on all aspects of wetland resource management. (2) The local environment committee shall be the implementing organ in conserving and managing wetland resources in its area of jurisdiction. (3) The specific functions of the Lower Local Government Council includes (a) ensuring that any activity undertaken within the catchment area of a wetland does not affect the water level of the wetland; (b) regulating activities which may include supply of water for domestic purposes, fishing, swamp edge gardens, grazing, papyrus harvesting to ensure sustainable use of wetlands; (c) advising the Authority, after the prior approval of the District Council, to declare an area a "protected wetland" in accordance with these Regulations; (d) authorising research activities in a protected wetland; (e) issuing local guidelines and directives for the better carrying out of the provisions of these Regulations and ensure wise use of wetlands; (f) with the approval of the district environment officer, directing that an environmental impact assessment be carried out on a project that involve the use of a wetland or an area within ten metres of the edge of a wetland; (g) declaring that a wetland be closed from some or all activities for purposes of regeneration; (h) formulating bye-laws and local laws on the proper management of wetlands; and (i) performing any other duty assigned to it by the Executive Director under the Statute. Protected wetlands 8. (1) The Minister, may by statutory instrument, and after consultation with the lead agency and with the prior approval the Policy Committee on the Environment, declare a wetland which is a subject of the process provided for under this regulation to be a specially protected wetland of national or international importance. (2) A declaration made under sub-regulation (1) shall state whether (a) a wetland is a fully protected wetland; (b) a wetland is a partially protected wetland; (c) a wetland is subject to conservation by the local community. (3) A wetland declared under sub-regulation (2)(a) shall be an area of international and national importance because of its biological diversity, ecological importance, landscape, natural heritage or touristic purposes in which the following activities may be permitted (a) research; (b) tourism; and (c) restoration or enhancement of the wetland. (4) A wetland declared under sub-regulation (2)(b) shall be an area in which regulated activities specified in the Second Schedule to these Regulations may be permitted. (5) A wetland declared under sub-regulation (2)(c) shall be an area in which a person who has property rights in the land may carry out traditional activities provided for under sub-regulation (2) of regulation 11 subject to such restrictions as may be imposed by the local environmental committee. (6) The wetlands specified in the Third Schedule to these Regulations are declared to be wetlands of international and national importance. Procedure for declaration of a specially protected area 9. (1) The declaration of a protected wetland may be initiated by the district council on the recommendation of the District Environment Committee or the Executive Director; (2) Where the District Council initiates the process of declaring a wetland as a protected wetland under sub-regulation (1), the District Council shall: (a) inform the Executive Director in writing of its intention; (b) cause an environmental impact assessment to be carried out in accordance with Sections 20, 21 and 22 of the Statute; (c) ensure that the views of the people inhabiting the areas contiguous to the wetland are taken into account by convening the meeting of the local environment committees; and (d) prepare and submit a report containing findings in paragraphs (a), (b) and (c) of this sub-regulation to the Executive Director. (3) Where the Executive Director initiates the process referred to in sub regulation (1), the Executive Director shall inform the appropriate District Environment Committee and require the committee to carry out the activities provided for in sub regulation (2) (b),(c) and (d); except that in such case the Executive Director shall provide the appropriate financial support to the District Environment Committee for carrying out these tasks. (4) The Executive Director shall consider the reports submitted under sub-regulation(2) and (3), and may make recommendations to the Minister. Inventory of wetlands. 10. (1) The lead agency shall, in consultation with the Executive Director, make an inventory of all wetlands. (2) The inventory in sub-regulation (1) shall show for each wetland (a) location of the wetland; (b) type of fauna and flora; (c) the soil and hydrological characteristics; (d) the discharge and composition of water; (e) the volume, flow and quality of water where possible; (f) the existing uses; (g) the density of population in the wetland catchment drawing attention especially those most dependant on the wetland; (h) conservation status; (i) the area of the wetland, and (j) any other factor relevant to the wetland. (3) The boundaries of such wetlands shall be shown on suitable boundary maps. (4) The lead agency shall periodically inspect the wetlands to determine the necessity for revision or correction of the inventory on wetlands. (5) The lead agency may, in consultation with the Executive Director, register changes in the boundaries of wetlands on maps in the inventory referred to in sub-regulation (3) and make any other necessary changes in the inventory to reflect the actual situation on the ground. (6) In making an inventory on wetlands, the lead agency shall consult with the District Environment Committees with a view to involving the public in determining whether a wetland should be included in the list of wetlands of local or national or international importance. (7) Without prejudice to the generality of sub-regulation (6), the lead agency and the District Environment Committee shall cause to be convened, meetings of local environment committees within the vicinity of the wetland prior to making any decision affecting the wetland. (8) The lead agency shall, in consultation with the Executive Director, publish the inventory of wetlands every five years reflecting the current state of wetlands included in the inventory. (9) The Executive Director, in consultation with the lead agency, shall carry out a review of the conservation status of wetlands every two years to determine whether the wetlands have been degraded and shall institute measures to ensure their protection. Uses of wetlands 11. (1) A person desiring to carry out any of the regulated activities listed in the Second Schedule or extract any wetland produce in a wetland shall make an application in Form A set out in the First Schedule to these Regulations. (2) Notwithstanding the provisions of sub-regulation (1), the following traditional uses of wetland resources shall not be subject to the application of these Regulations (a) harvesting of papyrus, medicinal plants, trees and reeds; (b) any cultivation where the cultivated area is not more than 25% of the total area of the wetland; (c) fishing using traps, spears and baskets or other method other than weirs; (d) collection of water for domestic use; and, (e) hunting subject to the provisions of the Wildlife Statute. (Statute No. 14 of 1996). (3) The Executive Director may at any time by order published in the Gazette: (a) restrict or prohibit; or (b) declare open and closed seasons in relation to any traditional activity provided for in sub-regulation (2) where such activity endangers the wise use of the wetland resources. (4) Any person who contravenes an order made by the Executive Director under sub-regulation (3) commits an offence. Wetland Resource use Permit 12. (1) Subject to the provisions of these Regulations, a person shall not carry out any activity in a wetland without a permit issued by the Executive Director. (2) Any person intending to carry out an activity listed in the Second Schedule to these Regulations shall apply to the Executive Director for a permit in Form A of the First Schedule. (3) The application in sub-regulation (2) shall be accompanied by the fee specified in the Fourth Schedule. (3) The Executive Director may issue a permit in Form B specified in the First Schedule permitting the use of wetland resources. Rejection of Permit 13. (1) Where the Executive Director rejects an application made under sub regulation (2) of regulation 13, the Executive Director shall (a) state reasons, in writing, to the applicant; and (b) give the applicant the right to be heard either orally, or in writing, or both. Revocation of permit 14. The Executive Director may, at any time, after consultation with the lead agency, revoke a permit granted under these Regulations if he or she is satisfied that the conditions of the grant of the permit have not been complied with or that the continued use of the wetland is likely to be injurious to the community and the environment. Temporary permits 15. The lead agency may, after consultation with the Executive Director, grant temporary permits for the use of a wetland where (a) there is need to irrigate an area pending a construction; (b) there is need to use water for emergency situations pending the availability of alternative sources of supply; (c) the wetland is needed for construction of a road, a building or other infrastructure; (d) a special research project requires the use of the wetland for a certain period of time; (e) there is an unforeseen delay in the use of the wetland pending the issuance of a permit. Implied Covenant 16. It is implied in any permit issued under these Regulations that the holder of any permit shall (a) not substantially affect hydrological and ecological characteristics of the wetland beyond the terms and conditions contained in the permit; (b) keep and maintain the margins of the wetland for purposes of bilharzia and malaria control; (c) not assign the permit to any other person without the consent of the Executive Director; and (d) within a period of one year after the expiration or revocation of the permit, remove or restore the wetland to as near the state it was as possible immediately before the commencement of the permitted activities. Duty of land owners and users 17. (1) Every landowner, occupier or user who is adjacent or contiguous with a wetland shall have a duty to prevent the degradation or destruction of the wetland and shall maintain the ecological and other functions of the wetland. (2) Any person who fails, neglects or refuses to protect a wetland under sub-regulation (1) commits an offence. PART III-MANAGEMENT OF RIVERBANKS AND LAKE SHORES Application of this Part of the Regulations 18. (1) This Part shall apply to all river banks and lake shores in Uganda. (2) The Government or a local government shall hold in trust for the people and protect river banks and lake shores for the common good of the citizens of Uganda. (3) Government or a local government shall not lease out or otherwise alienate any river bank and lake shore. Objective 19. The objective of this Part of the Regulations is to: (a) facilitate the sustainable utilization and conservation of resources on river banks and lake shores by and for the benefit of the people and community living in the area; (b) promote the integration of wise use of resources in rivers and lakes into the local and national management of natural resources for socio-economic development; (c) give effect to clause 2 of article 237 of the Constitution of Uganda; (d) provide for the regulated public use and enjoyment of river banks and lake shores; (e) enhance research and research related activities; and, (f) prevent siltation of rivers and lakes and control pollution or degrading activities. Principles 20. (1) The following principles shall be observed in the management and conservation of river banks and lake shores (a) resources on the river banks and lake shores shall be utilised in a sustainable manner; (b) environmental impact assessment as required under the Statute is mandatory for all major activities on river banks and lake shores; and (c) special measures are essential for the protection of river banks and lake shores such as preventing soil erosion, siltation and water pollution. Identification of river banks and lake shores 21 (1) Each Local Government shall after the recommendation of the appropriate local environmental committee make bye-laws (a) identifying river banks and lake shores within their jurisdiction which are at risk from environmental degradation; (b) promoting soil conservation measures along river banks and lake shores including the following (i) bunding; (ii) terracing; (iii) mulching; (iv) tree planting or agroforestry; (v) grassing; (vi) soil engineering, compaction and placement of fills; (vii) zoning and planning; (viii) baggions; and (ix) control of livestock grazing. Register of degraded river banks and lake shores 22. (1) The Authority shall, in consultation with the lead agency, carry out an inventory and identify and monitor lake shores and river banks which are under threat from environmental degradation. (2) The inventory provided for in sub-regulation (1) shall be made in consultation with the local authorities and shall include maps which specifically set out the areas identified. (3) The Authority shall maintain a register of the river banks and lake shores which have been identified under these Regulations as specified in the Fifth Schedule. Application for a permit to use a river bank or lake shore 23. (1) A person who intends to carry out any of the following activities shall make an application to the Executive Director in Form A set out in the First Schedule to these Regulations (a) use, erect, reconstruct, place, alter, extend, remove or demolish any structure or part of any structure in, under, or over the riverbank or lake shore; (b) excavate, drill, tunnel or otherwise disturb the riverbank or lakeshore; (c) introduce or plant any part of a plant whether alien or indigenous on a river bank or lake shore; (d) introduce any animal or micro-organism, whether alien or indigenous in any riverbank or lake shore; or (e) deposit any substance on a riverbank or lakeshore if that substance would or is likely to have adverse effects on the environment. (2) The Executive Director may, after considering the application submitted under sub-regulation (1) and after consultations with the lead agency, grant a permit in "Form B" set out in the First Schedule to these Regulations on such conditions as he or she may deem fit. Rejection of application 24. (1) Where the Executive Director rejects an application made under of sub-regulation (1) of regulation 24, he or she shall (a) state reasons, in writing, to the applicant; and (b) give the applicant the right to be heard either orally or in writing, or both. Revocation of permit 25. The Executive Director may, at any time, after consultation with the lead agency, revoke a permit granted under these Regulations if he or she is satisfied that the conditions of the grant of the permit have not been complied with or that the continued use of the river bank or lake shore is likely to be injurious to the community and the environment. Duty of Local Councils 26. A local environment committee within whose jurisdiction an activity likely to degrade the environment, river banks or lake shores is taking place, shall (i) inform the district environment officer in writing for appropriate action; (ii) ensure protection of all the banks and shores; (iii) assist local communities to conserve wetlands. Duty of environment officers 27. An environment officer within whose jurisdiction activities likely to degrade the environment, river banks or lake shores are taking place, shall ensure that the communities living near a wetland participate in its conservation and assist environment committees in implementing these Regulations and any other law that protects wetlands. Duty of private land owners and users 28. (1) Every land owner or user in whose land a river bank or lake shore is situated shall have a duty to prevent and repair degraded river banks and lake shores through the following or any other measures (a) soil engineering; (b) agroforestry; (c) mulching; (d) bunding; (e) grassing; (f) control of livestock grazing; or (g) terracing. (2) A landowner or user who fails or refuses to carry out the measures provided under sub-regulation (1) commits an offence. Protection zones for river banks 29. (1) The rivers specified in the Sixth Schedule to these Regulations shall have a protection zone of one hundred metres from the highest water mark of the river. (2) Rivers not specified in the Sixth Schedule shall have a protected zone of thirty metres from the highest water mark of the river. (3) No activity shall be permitted within protected zones without the written authority of the Executive Director. (4) Each local environment committee shall determine watering points and routes for animals to have access to the water in each river. Protection zones for lake shores 30. (1) All shores of lakes specified in the Seventh Schedule to these Regulations shall have a protected zone of two hundred metres measured from the low water mark. (2) All shores of lakes not specified in the Seventh Schedule shall have a protected zone of one hundred metres from the low water mark. (3) No activity shall be permitted within protected zones without the written authority of the Executive Director. (4) Where a natural beach exists on a lake shore the protected zone shall be measured from the point where the beach merges with the vegetation and sub-regulations (1), (2) and (3) shall apply. (5) Each local environment committee shall determine watering points and routes for animals to have access to the water in each lake. Protection of lake shores and river banks used for purposes of tourism 31. (1) Where a lake shore or river bank is developed in accordance with regulation 24 for the purposes of promoting tourism or for other aesthetic uses, the developer shall ensure that (a) pretreatment or full treatment of effluent or waste from the facility is carried out to prevent contamination of the water; (b) litter is cleared and disposed of in a manner in conformity with best environmental practices; and (c) the river banks, lake shores or beaches are not degraded. Access to natural beaches or rivers and lakes 32. Subject to existing property rights under the existing law, all natural beaches of rivers and lakes either alienated or not alienated are reserved for public recreation and open access; unless a developer has obtained special permission from the Minister allowing him or her to exclude the public from such natural beach. Sanitation Cap 269 33. (1) Each local government shall, on the advice of the District Environment Committee, make bye-laws governing sanitation in lake shores and river bank areas in accordance with the Public Health Act. (2) Where two or more districts share a river bank or lake shore, minimum sanitation standards shall be set by the District Council after due consultation. PART IV-MISCELLANEOUS PROVISIONS Environmental impact assessment 34. (1) A developer desiring to conduct a project which may have a significant impact on a wetland, river bank or lake shore, shall be required to carry out an environmental impact assessment in accordance with Sections 20, 21, and 22 of the Statute; (2) The developer mentioned in sub-regulation (1) shall carry out annual audits and monitoring on such activities and, shall submit reports to the Executive Director and the lead agency in accordance with Sections 23 and 24 of the Statute. Environmental restoration order 35. The Executive Director may require that a wetland, river bank and lake shore which has been degraded be allowed to regenerate, or issue a restoration order in accordance with Section 68, 69, 70, 71 and 72 of the Statute. Improvement notice 36. (1) Where an Inspector has reasonable cause to believe that any person is violating these Regulations, he or she may (a) issue against such a person an improvement notice in accordance with Section 81 of the Statute; or (b) take any other measures provided for under Section 81 of the Statute. (2) An improvement notice issued under sub-regulation (1) shall not prejudice criminal proceedings which may be taken under any of the provisions of the Statute. Offences 37. A person who (a) reclaims or drains a wetland; (b) erects, constructs, places, alters, extends removes or demolishes any structure that is fixed in, or, under or over a wetland; (c) disturbs a wetland by drilling or tunnelling in manner that has or is likely to have an adverse effect on a wetland; (d) deposits in, on, or under any wetland a substance in a manner that has or is likely to have an adverse effect on a wetland; (e) destroys, damages or disturbs any wetland in a manner that has or is likely to have an adverse effect on any plant or animal or its habitat; (f) introduces or plants any exotic or introduced plant or animal in a wetland; (g) removes soil from or burns any wetland resource in a wetland; (h) carries out any unauthorised activity in a protected wetland; (i) carries out activities provided for in regulation 24 without a permit; (j) fails, neglects or refuses to protect a lake shore or river bank from environmental degradation in accordance with these Regulations; (k) contravenes any of the provisions of these Regulations; commits an offence. Penalties 38. (1) Any person found guilty of an offence under these Regulations is liable on conviction to imprisonment of not less than three months or to a fine not exceeding three million or both. (2) In addition to the sentence provided for in sub-regulation (1), a person found guilty may be required to carry out community work that promotes the conservation of wetlands. Appeals 39. (1) A person aggrieved by a decision of the Director under these Regulations may appeal to the Board. (2) The decision of the Board on appeal shall be final. Delegation of powers and functions 40. The Executive Director may, where necessary delegate any of the functions and powers under these Regulations to any officer of the Authority or to a lead agency. SCHEDULES FIRST SCHEDULE (To be completed) FORM A in Triplicate) REPUBLIC OF UGANDA (Regulation 12 & 23) THE NATIONAL ENVIRONMENT STATUTE 1995, Statute No. 4 of 1995. The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 APPLICATION FOR A PERMIT TO CARRY OUT A REGULATED ACTIVITY IN A WETLAND, RIVERBANK AND LAKE SHORE I hereby apply for a permit to carry out the activity in a wetland/riverbank/lakeshore of which particulars are given below. Name and address of applicant: ....................................................................................................................... (District/county/sub-county, village where necessary mention more than one) ......................................................................................................................................................................... Type of activity to be carried out ................................................................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... Estimated period for which the activity will take ........................................................................................... Proposed hectarage/area on which the above activity is to be carried out ...................................................... ......................................................................................................................................................................... Executive Summary of environmental impact statement (please attach where necessary) ............................ ......................................................................................................................................................................... (Attach a map and detailed information showing area directly or indirectly affected by proposed activity.) Any other information .................................................................................................................................... ......................................................................................................................................................................... Comments of the LC 1 Secretary for Production and Environment Protection ......................................................................................................................................................................... ......................................................................................................................................................................... Approval/disapproval of District Environment Committee ........................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... Signature of the Applicant .............................................................................................................................. Full names ...................................................................................................................................................... Designation/Title ............................................................................................................................................ FOR OFFICIAL USE ONLY Application received by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: ........................................................... Fee paid: Shs 20,000/= (in words).................................................................................................................. ......................................................................................................................................................................... Seal and Signature of the Executive Director National Environment Management Authority (To be completed Triplicate) FORM B REPUBLIC OF UGANDA Fee paid: shs 50,000/= (Regulation 12 & 23) THE NATIONAL ENVIRONMENT STATUTE 1995, Statute No. 4 of 1995 The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 PERMIT TO CARRY OUT A REGULATED ACTIVITY IN A WETLAND/RIVERBANK/LAKE SHORE Permit No: Name: ............................................................................................................................................................. Address ........................................................................................................................................................... ......................................................................................................................................................................... You are hereby granted/denied a permit to carry out the activity(s) in a wetland/river bank/ lakeshore of ..................................................................................................................................................................... ......................................................................................................................................................................... Location of the wetland/river bank/lake shore: ............................................................................................. ......................................................................................................................................................................... (District, county, sub-county, village where necessary mention more than one) This permit is granted valid from . . . . . . . . . . . . . . . 20 . . . . . . . . . . to . . . . . . . . 20 ................................. The Permit is subject to the following conditions ......................................................................................................................................................................... ......................................................................................................................................................................... (Please attach on separate sheet where necessary) Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seal and Signature of the Executive Director National Environment Management Authority. SECOND SCHEDULE REPUBLIC OF UGANDA (Regulation 11& 12) THE NATIONAL ENVIRONMENT STATUTE 1995, Statute No. 4 of 1995 The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 REGULATED ACTIVITIES IN A WETLAND 1. Brick making 2. Recreational activities such as spot fishing, maintenance of green spaces. 3. Cultivation. 4. Drainage 5. Commercial exploitation of wetland resources. 6. Sewerage filtration. 7. Fishing using fish gear and weirs, fish farming and other aquaculture. 8. Construction of transport and communication facilities such as roads, railways, telephone lines. 9. Burning 10. Any exploitative activity which is of a commercial or trade nature, such as harvesting of papyrus for commercial purposes. THIRD SCHEDULE REPUBLIC OF UGANDA (Regulation 8) THE NATIONAL ENVIRONMENT STATUTE 1995, Statute No. 4 of 1995 The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000. WETLANDS OF INTERNATIONAL IMPORTANCE 1 Wetlands on the shores of Lake George and associated in-flowing rivers. FOURTH SCHEDULE (Regulation 12) REPUBLIC OF UGANDA THE NATIONAL ENVIRONMENT STATUTE 1995, Statute No. 4 of 1995 The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000. FEES 1. Application for wetlands use permit .................................................................................. 50,000/=. 2. Application for a permit to carry out any regulated activity on river banks and lake shores ........................................................................................... 50,000/=. 3. Grant of a permit for use of wetland, riverbank or lakeshore ......................................... 100,000/=. To be completed in Triplicate) FIFTH SCHEDULE REPUBLIC OF UGANDA (Regulation 22 ) THE NATIONAL ENVIRONMENT STATUTE 1995, Statute No. 4 of 1995 The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 REGISTER OF RIVER BANKS AND LAKE SHORES Registration No. NEMA/RB/LS . . . . . . . . . Name of river bank/lake shore ....................................................................................................................... Location .......................................................................................................................................................... (Village, parish, sub-county, county, district) Extent of river bank/lake shore ...................................................................................................................... (in kilometers) Activities being carried out on the river bank/lake shore ............................................................................... ......................................................................................................................................................................... Nature of environmental degradation occurring/likely to occur .................................................................... ......................................................................................................................................................................... Protection measures recommended by Executive Director ............................................................................ ......................................................................................................................................................................... Remarks .......................................................................................................................................................... ......................................................................................................................................................................... Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature . . . . . . .. . . . . . . . . . . . . . . . . . . . . SIXTH SCHEDULE (Regulation 29) THE NATIONAL ENVIRONMENT STATUTE 1995, Statute No. 4 of 1995 The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 RIVERS 1. R. Nile from Lake Victoria to Lake Albert. 2. R. Aswa. 3. R. Katonga. 4. R. Nkusi. 5 R. Kafu. 6. R. Rwizi. 7. R. Kagera. 8. R. Mpanga. 9. R. Manafwa. 10. R. Mpologoma. 11. R. Semliki. 12. R. Mubuku. 13. R. Mayanja. 14. R. Sezibwa. 15. R. Malaba. 16. R. Sipi. 17. R. Namatala. 18. R. Sironko. 19. R. Muzizi. 20. R. Nabuyonga. SEVENTH SCHEDULE (Regulation 30) THE NATIONAL ENVIRONMENT STATUTE 1995, Statute No. 4 of 1995 The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 1999 LAKES 1. L. Victoria. 2. L. Kyoga. 3. L. Albert. 4. L. Edward. 5. L. George. 6. L. Bisina. 7. L. Mburo. 8. L. Bunyonyi. 9. L. Kijanibarora. 10. L. Kwania. 11. L. Wamala. 12. L. Mutanda. 13. L. Marebe. 14. L. Opeta. 15. L. Nabugabo. 16. L. Nkugute. 17. L. Katunga. 18. L. Nyabihoko. 19. L. Nakivale. Henry Muganwa Kajura Minister for Water, Lands and Environment.