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.