watersheds and the watersheds protection act (1963) · drafting regulations to the watersheds...
TRANSCRIPT
WATERSHEDS AND THE WATERSHEDS PROTECTION
ACT (1963)
Presented by:The Sustainable Watersheds BranchNational Environment & Planning Agency
THE CURRENT DEFINITION OF WATERSHEDS
The land area that water flows across or through, on its way to a stream, river or sea
A defined geographical area or location where the collection and drainage of rainfall occurs by surface or subsurface flow in a particular region
CURRENT CHALLENGESPollution of water from human and agricultural waste.
Solid waste disposal.
Illegal construction of houses/ informal settlements.
Sustainable economic activities(esp. agriculture, tourism)
Infrastructural capability during extreme weather.
JAMAICA 1988/1999 LANDSAT IMAGE
FIRST PROPOSED BOUNDARY OF FOREST RESERVE
WATERSHEDS AS ECOSYSTEMS
THE VALUE OF WATERSHEDS AS ECOSYSTEMS
URBAN WATERSHEDS
THE INTEGRATED APPROACH
DEFORESTATION
CHARCOAL PRODUCTION
SOIL CONSERVATION
DEBRIS BLOCKED DRAINS
QUARRYING
SAND MINING IN RIVERS
TOURISM INTERESTS e.g. Rafting
AIR POLLUTION
INFORMAL HOUSING SETTLEMENTS
SOLID WASTE
RELEASE OF UNTREATED EFFLUENT & SEWAGE
PURPOSE
To provide for the protection of watersheds and areas adjoining watersheds to promote the conservation of water resources.
THE COMMISION
The Watersheds Protection Commission referred to in the Act of 1963 in Section 3(1) is now the Natural Resources Conservation Authority as Section 3(1) was deleted by Act 9 of 1991, The Natural Resources Conservation Authority Act.
PROVISIONS OF THE ACT
Programmes for the protection of those areas which constitute or adjoin watershedsThe declaration of watershed areasThe proper, efficient and economic utilization of lands, with a vision to promoting the conservation of water resourcesAgreements for the carrying out of improvement works
WATER RESOURCES & FOREST RESOURCES
The Act allows the NRCA to make regulations for the proper, efficient and economic utilization of land in watershed areas.
AGRICULTURE & SOIL CONSERVATION PRACTICES
The NRCA may prohibit, regulate, or restrict the planting of any crop, or the adoption of any practices on any land for any purpose specified in the regulationsThe NRCA may prohibit the felling, barking or destruction of any trees or the clearing of vegetation.
MINING & QUARRYING
The NRCA may prohibit, regulate, or restrict the use of any land for any purpose specified in the regulations.
SETTLEMENT & SANITATION
The NRCA can enter ‘assisted improvement agreements’, prepare, publish, process objections, and approve provisional compulsory improvement schemes with the owner of any construction parcel, and other persons having an interest.
GOVERNANCE, COMPLIANCE & ENFORCEMENT
The NRCA:has the power of inspection (provided due notice is given) re the condition of land, crops being cultivated, and for soil samplingmay negotiate agreements, compensations and undertake workmay appoint Watershed Protection Committees to assist in the performance of its functions – with the exception of making regulations, and entering agreements
SUMMARY OF FINES/PENALTIES
Fine of $200 or 12 months with or without hard labour upon conviction before a RM for assaulting or obstructing and agent$200 (up to $400) – recoverable by distress or 12 months, in default of distress, for the wilful or malicious destruction of or damage to any workMaximum fine of $5000 or 12 months with or without hard labour for an offence under Section 8 ( Power to make regulations)
OTHER LEGISLATION IMAPCTING ON WATERSHED MANAGEMENT
The Country Fires Act (1942)The Wildlife Protection Act (1945)The Mining Act (1947)The Town & Country Planning Act (1958)The Flood-Water Control Act (1958)The Watersheds Protection Act (1963)The Land Development & Utilization Act (1966)The River Rafting Act (1970)The Quarries Control Act (1984)The Public Health Act (1985)The Rural Agricultural Development Act (1990)The Natural Resources Conservation Act (1991)The Water Resources Act (1995)The Forest Act (1996)The Solid Waste Management Act (2002)
PROVISIONS FOR WATERSHEDS IN THE NRCA ACT (1991)( 1996)
Regulations of 1996 for the Permit and LicenceSystem indicate that approval should be sought for the following categories of enterprise, construction or development:1. River basin development projects2. Irrigation or water management projects
including improvements3. Land reclamation and drainage projects4. Watershed development and soil conservation
projects including: river trainingcheck dams retaining walls
THE WAY FORWARDDrafting regulations to the Watersheds Protection Act.
Amending the Watersheds Protection Act to better incorporate current thinking i.e.
1. Watersheds are logical planning and development units from an environmental viewpoint.
2. Local Governance has a strong role to play in resource conservation and management.