methodologies that regulate usage of the resource to avoid conflict between users to
promote sustainable land management. Soil is the primary medium for food
production.
Soil governance is directed towards the impacts of soil degradation on food
production and conflicts that arise between the need for human settlements and
space available for food production.
25 Therefore, effective soil governance is important for the agricultural sector.
2.2.1 Regulatory Framework for Soil Governance
The National Environment Act (NEA) Cap 153
This Act emanated from the National Environment Action Plan (NEAP) aims at
providing for the sustainable management of the environment and natural resources.
Section 40 (2) of the Act mandates the National Environment Management Authority (NEMA) to issue guidelines and prescribe measures for the sustainable use of
hillsides, hilltops and mountainous areas including those relating to appropriate
farming methods, carrying capacity of the areas in relation to animal husbandry
and measures to curb soil erosion. In order to operationalise the broad measures
above, NEMA has issued regulations and standards to guide the sustainable use of
environmental resources that are relevant to agricultural production in accordance
with Section 107 of the Act.
The National Environment (Minimum Standards for Management of Soil
Quality) Regulations, Statutory Instrument Number 59 of 2001
The Regulations establish and prescribe minimum soil quality standards to be
maintained for the management of the quality of soil, the criteria and procedure
for the measurement and determination of soil quality and guidelines for soil
management. The fourth schedule of the Regulations provides that soil conservation
is required as a basis for environmentally sound production of food, wood and other
commodities based on sustainable use of land, species and ecosystems. Moreover,
combination of several conservation practices is recommended and packages should
depend on area and crops/livestock/tree species on the land. A responsible person is
defined to mean the owner of the land or person residing on, or using the land.
The standards under regulation 12 impose an obligation on every responsible
person to comply with the measures and guidelines of soil conservation for the
particular topography, drainage and fanning systems prescribed in the Fourth Schedule. Noncompliance is an offence punishable by a fine of not less than one hundred
25 Lal et al. (1989).
Legal and Regulatory Framework for the Agriculture Sector in Uganda
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