and eighty thousand shillings and not more than eighteen million shillings or to
imprisonment not exceeding eighteen months, or both.
Regulation 13 empowers the environmental officers to ensure compliance with
the standards set out in the schedules to the standards with power to issue improvement notices and to enter onto the land and ensure compliance with the said
standards. Non-compliance with the notice is an offence punishable on conviction,
by a fine of not less than one hundred and twenty thousand shillings and not
exceeding twelve million shillings, or to imprisonment for a term not exceeding
twelve months or both. By the standards imposing duties on responsible persons and
further empowering environmental officers to ensure compliance with the soil
standards, these standards are therefore applicable by land owners since there are
environmental officers at every district. However the application of these standards
has its challenges as the people need sensitisation on first of all their existence and
secondly, their applicability for them to be successfully applied.
The National Environment (Wetlands, Riverbanks and Lakeshores
Management) Regulations, 2000
The Regulations provide for the conservation and wise use of wetlands and their
resources and facilitate the sustainability and conservation of resources on riverbanks and lakeshore by and for the benefit of the people and community living in the
area. Regulation 7 enjoins the district and environment committees with the responsibility of coordinating, monitoring, and advising District Councils on all aspects of
wetland resource management. The local environment committee is enjoined with
the responsibility of being the implementing organ in conserving and managing
wetland resources in its area of jurisdiction. The regulations empower the minister to
declare certain wetlands especially protected wetlands of national or international
importance. Regulation 11 provides for uses of wetlands where a person desiring to
carry out any of the regulated activities listed in the Second schedule or extract in a
wetland shall make an application except for activities such as any cultivation where
the cultivated area is not more than 25% of the total area of the wetland and fishing
using traps, spears and baskets or other method other than weirs.
Regulation 12 prohibits the carrying out of any activity in a wetland without a
permit issued by the Executive Director. Every landowner, occupier or user who is
adjacent or contiguous with a wetland is enjoined to prevent the degradation or
destruction of the wetland and shall maintain the ecological and other functions of
the wetland. The regulations obligate any person who intends to introduce or plant
any plant whether alien or indigenous on a river bank or lake shore, or introduce any
animal or micro-organism, whether alien or indigenous in any river bank or lake
shore, to make an application to the executive director. Permits granted under the
regulations can be revoked by the Executive Director.
Regulation 27 enjoins an environment officer within whose jurisdiction activities
likely to degrade the environment, river banks or lake shores are taking place, to
ensure that the communities living near a wetland participate in its conservation and
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