Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698832409123.pdf (Uganda)
THE LOCAL GOVERNMENTS ACT.

Statutory Instrument 243—34.

The Local Governments (Jinja) (Wetland Resources Management) Byelaws.

Arrangement of Byelaws.

PART I—PRELIMINARY.

Citation.

Application.

Interpretation.

Objectives of these Byelaws.

PART II—SUSTAINABLE USE OBLIGATIONS.

Prohibited wetland uses.

Permitted wetland uses.

Conditions of wetland use.

Byelaw 1.

2.

3.

4.

5.

6.

7.

PART III—CUSTODIANSHIP OF WETLANDS.

Appointment of a wetland custodian.

Conditions of wetland custodianship.


8.

9.

10.

Duties of a wetland custodian.

11.

Sharing of fees.

PART IV—ISSUANCE OF A USER PERMISSION.

12.

Procedure of obtaining a user permission.

13.

Procedure on denial of a user permission.

14.

Restrictions on a user permission.

15.

Duration of a user permission.

16.

Revocation of a user permission or a custodian permission.

PART V—OFFENCES AND PENALTIES.

17.

Penalties for breach of these Byelaws.

18.


Notification of breach and powers of litigation.

THE LOCAL GOVERNMENTS ACT.

Statutory Instrument 243—34.

The Local Governments (Jinja) (Wetland Resources Management) Byelaws.

(Under section 39 of the Act.)

PART I—PRELIMINARY.

1.

Citation.

These Byelaws may be cited as the Local Governments (Jinja) (Wetland Resources Management) Byelaws.

2.

Application.

These Byelaws shall apply to all wetland areas of Jinja Municipal Council.

3.

Interpretation.
In these Byelaws, unless the context otherwise requires— (a) (b) (c) (d) (e) (f) (g) (h) “Act” means the Local Governments Act; “council” means Jinja Municipal Council; “currency point” is equivalent to twenty thousand shillings; “custodian permission” means a permit issued by the council to a wetland custodian in the manner specified in byelaws 8 and 9 of these Byelaws; “drainage of wetlands” means removal or exclusion of water from a wetland by pumping, excavation of channels, growing within a wetland fast growing trees, excessive abstraction of water from a river entering a wetland and drainage itself; “environment committee” means the environment committee of the council; “sustainable use of wetlands” means human wetland utilisation which ensures the greatest benefit to present generations while maintaining the wetland biodiversity, ecological functions and wetland values for future generations; “user permission” means a permit issued by the wetland custodian which permits the sustainable use of the wetlands, the (i) (j) manner of which may be specified by the wetland custodian in consultation with the environment committee; “wetland custodian” means a person or an association of persons appointed under byelaw 8 of these Byelaws; “wetlands” means areas of Jinja Municipal Council permanently or seasonally flooded by water where plants and animals have become adapted.
4.

Objectives of these Byelaws.
The objectives of these Byelaws are— (a) (b) (c) to facilitate the sustainable use of wetland resources by and for the benefit of the people and communities using the wetlands of Jinja Municipal Council; to permit the sustainable use of the natural resources of the wetlands in a manner which is compatible with the continued presence of these wetlands; and to end unsustainable uses of wetlands so that the functions and values derived from wetlands are maintained for the present and future generations.
PART II—SUSTAINABLE USE OBLIGATIONS.

5.

Prohibited wetland uses.
(1) The following uses of or activities in the wetlands are prohibited— (a) (b) to reclaim or drain a wetland; to erect, construct, place, alter, extend, remove or demolish any structure that is fixed in or over any wetland; to disturb any wetland by drilling or tunnelling in a manner that is likely to have an adverse effect on a wetland; to pollute or deposit in any wetland any substance; to cultivate a wetland or an area within a wetland other than in the manner specified in these Byelaws or any other law; to destroy any wetland in a manner that has or is likely to have an adverse effect on any plant or animal or its habitat; to remove soil from a wetland for the purpose of making bricks; and to introduce or plant any exotic or introduced plant or animal in a wetland.
(c) (d) (e) (f) (g) (h) (2) Any person who wishes to carry out any of the activities specified in subbyelaw (1) of this byelaw shall be subject to— (a) (b) an environmental impact assessment, if so required by any law; and conditions, if any, contained in the user permission.

6.

Permitted wetland uses.
Subject to the conditions contained in byelaw 7 of these Byelaws and the provisions of any other law, the following uses of or activities in the wetlands are permitted— (a) (b) (c) (d) (e) (f) harvesting of papyrus, trees, reeds and medicinal plants; fishing using nets, traps, spears, hooks or baskets; collection of water for domestic use; grazing of livestock; hunting; and any other activity which has been expressly permitted and sanctioned by the wetland custodian or the environment committee.

7.
7.

Conditions of wetland use.
Any of the activities listed in byelaw 6 of these Byelaws can only be carried out if the user— (a) obtains a user permission from the wetland custodian in consultation with the environment committee, and the permission shall be subject to such reasonable conditions as deemed necessary by the wetland custodian; follows the guidelines and the instructions on the sustainable use of wetlands as contained in byelaw 5 of these Byelaws; and carries out the permitted activity in the manner and within the limits prescribed by the wetland custodian and the environment committee.
(b) (c) PART III—CUSTODIANSHIP OF WETLANDS.

8.

Appointment of a wetland custodian.

(1) The council shall appoint a wetland custodian from among the existing users of the wetland, and the person or persons appointed shall be issued with a custodian permission on appointment.

(2) A wetland custodian shall be appointed for a period of five years and the appointment may be renewable.
(3) The council shall take into consideration the following while appointing a wetland custodian— (a) (b) the contribution of the person to the sustainable use of the wetlands; and the ability of the person to carry out the duties of a wetland custodian under these Byelaws.

(4) A person appointed as a wetland custodian under this byelaw shall comply with such directions or instructions as issued by the environment committee from time to time.

9.

Conditions of wetland custodianship.


A wetland custodian shall, while using the wetland, comply with all the conditions and guidelines relating to the use of wetlands set out in these Byelaws or any other law.

10.

Duties of a wetland custodian.
(1) The wetland custodian shall, in partnership with the environment committee, ensure that the objectives of these Byelaws are achieved, and this may be done by— (a) (b) (c) (d) (e) (f) information and planning, monitoring or regulating the permitted activities laid down in byelaw 6 of these Byelaws in consultation with other wetland users; in research, disseminating participating sensitising the public on the sustainable use of the wetlands; developing and promoting new sustainable uses of the wetlands, such as ecotourism; issuing user permissions to other wetland users in accordance with the procedure laid down in byelaws 12 and 13 of these Byelaws; notifying the environment committee of any violations of these Byelaws; and submitting quarterly activity reports to the environment committee, with a copy to the national wetland management lead agency.
11.

Sharing of fees.

(1) The wetland custodian shall be entitled to a share of the fees realised by the council through the issuance of user permissions, so as to enable the wetland custodian to carry out and fulfill his or her duties under these Byelaws.

(2) The environment committee shall determine the percentage of the fees to be given to the wetland custodian.

PART IV—ISSUANCE OF A USER PERMISSION.

12.

Procedure of obtaining a user permission.


An application for a user permission shall be made to the wetland custodian and shall be accompanied by a fee to be set by the council.

13.

Procedure on denial of a user permission.

(1) The wetland custodian shall have the right to refuse to grant a user permission, and shall record the reasons for doing so.
(2) On refusal by the wetland custodian to issue a user permission, the applicant shall have the right to appeal to the environment committee against the refusal.

14.

Restrictions on a user permission.

A user permission issued under this byelaw shall not be lent, transferred, sold or assigned to any other person.

15.

Duration of a user permission.

A user permission shall be issued for two years, and may be renewable in the same procedure set out in byelaws 12 and 13 of these Byelaws.

16.
16.

Revocation of a user permission or a custodian permission.

Any person, including the wetland custodian, who carries out any activity in (a) the wetlands in contravention of this byelaw commits an offence and may— have the user permission or the custodian permission revoked, as the case may be; and be ordered by the environment committee to restore the wetland to its former condition or to make good the damage done or compensate the injured party.

(b) PART V—OFFENCES AND PENALTIES.

17.


Penalties for breach of these Byelaws.

A person who contravenes any of the provisions of these Byelaws commits an offence and is liable on conviction to a fine of not less than two currency points or imprisonment for not less than six months.

18.

Notification of breach and powers of litigation.


(1) Upon notification by a member of the public, a holder of a user permission or the wetland custodian of a violation of these Byelaws, the environment committee shall take appropriate action within its powers so to do, within seven days of the notification.
(2) If the environment committee fails to take such action as referred to in subbyelaw (1) of this byelaw, a member of the public, a holder of a user permission or the wetland custodian shall have a right to initiate legal proceedings under these Byelaws against the offender.

History: S.I.

65/2000.

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