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WHEREAS the instrument of
accession to the Convention on
Wetlands of International
Importance especially as Waterfowl
Habitat, adopted at Ramsar, Iran
on the 2nd February 1971 was
deposited in Paris at UNESCO
Headquarters on 22nd February
1988;
AND WHEREAS the Convention entered
into force for Ghana on the 22nd
June 1988;
NOW THEREFORE in exercise of the
powers conferred on the Minister
responsible for Forestry by
section 11 of the Wild Animals
Preservation Act, 1961 (Act 43)
these Regulations are made this
19th day of August, 1999.
Regulation 1—Establishment of
Ramsar Sites
The following areas the
particulars of which are set out
in the Schedule to these
Regulations are hereby designated
as Ramsar Sites;
(a) Muni-Pomadze,
(b) Densu Delta;
(c) Sakumo;
(d) Songor;
(e) Keta Lagoon Complex; and
(f) Owabi Wildlife Sanctuary.
Regulation 2—Declaration of Close
Seasons
(1) The Minister may declare
closed seasons during which
certain activities such as fishing
specified in regulation 6 are
proscribed under these
Regulations.
(2) The Minister shall publish the
dates of the closed seasons in the
Gazette or through the mass media.
Regulation 3—Designation of Core
Areas
(1) The Chief Wildlife Officer or
his authorised representative may
demarcate certain portions of a
Ramsar Site as a core area for the
effective management of the
ecosystem within the Ramsar Site.
(2) The Minister shall by
publication in the Gazette or
through the mass media designate
the core area for purposes of this
Regulation.
Regulation 4—Minister to Designate
Areas for Specific Activities
(1) The Chief Wildlife Officer or
his authorised representative may
indicate by education of community
members in a Ramsar Site or by
physical marking in a Ramsar Site
where litter may be deposited in
the Ramsar Site.
(2) The Minister shall by
publication in the Gazette or
through the mass media approve
areas in a Ramsar Site where
activities such as sand winning,
quarrying or the removal of soil
may be carried out.
Regulation 5—Authorised Activities
(1) A District Assembly where a
Ramsar Site is located may with
the approval of the Minister by
bye-law prescribe customary and
traditional conservation practices
which are compatible with the
Ramsar Convention and permitted
under these Regulations.
(2) The Chief Wildlife Officer or
his authorised representative in
consultation with the committee of
a District Assembly responsible
for the environment and natural
resources referred to as "the
committee" shall determine—
(a) the type of wise use
activities that may be permitted
in a core area of a Ramsar Site
for its sustainable utilisation;
and
(b) the conditions that will
sustain the use of the resources
under which the permitted wise use
activities in a Ramsar Site may be
carried out.
(3) The committee may by gong-gong
or such method as it considers fit
stipulate how the public shall be
informed of the wise use
activities.
(4) The Chief Wildlife Officer or
his authorised representative
shall give written approval for
the activities referred to in
sub-regulation (2).
(5) Subject to sub-regulation (2),
the written approval in
sub-regulation (4) shall be
obtained before the commencement
of any activity in a Ramsar Site.
(6) No physical development shall
he undertaken within a core area
of a Ramsar Site except with the
prior written approval of the
Chief Wildlife Officer or his
authorised representative given in
consultation with the committee.
Regulation 6—Proscribed Activities
No person shall within a Ramsar
Site—
(a) pollute any water;
(b) use poison, chemicals,
explosives or any prohibited
method for fishing;
(c) use seine nets or other nets
with mesh size below 25mm;
(d) fish during the closed season,
or
(e) do any other act that has or
is likely to have an adverse
effect on the environment.
Regulation 7—Restricted
Activities.
No person shall within a Ramsar
Site—
(a) remove any woody vegetation or
cultivate any portion in a core
area except with the written
consent of the Chief Wildlife
Officer or his authorised
representative given in
consultation with the relevant
committee;
(b) deposit any litter except at
areas designated under these
Regulations;
(c) win sand, carry out quarrying
activities or remove any soil
except from areas approved by the
Minister in writing;
(d) hunt, capture, harm or
deliberately disturb any wild
animals including roosting,
breeding and nesting birds,
fledglings, turtles or their eggs
except as provided for by the
Minister;
(e) graze any livestock in and
around bird nesting sites marked
by the Chief Wildlife Officer or
his authorised representative
during nesting periods;
(f) allow grazing of livestock
unsupervised by a herdsman within
a core area;
(g) allow grazing livestock to
disturb vegetation or to wade
through a core area in such a
manner as to adversely affect the
environment; or
(h) do any other act to disturb
the ecosystem.
(2) no person shall start a bush
fire within a distance of 1 km
from the boundary of a Ramsar
Site.
(3) A person shall not undertake
any activity that has or is likely
to have an adverse effect on any
animal or species or the
environment in a Ramsar Site.
Regulation 8—Offences
(1) Any person who contravenes any
provision of these Regulations or
a direction given under these
Regulations commits an offence and
is liable on summary conviction—
(a) in the case of a first offence
to a fine not exceeding ¢100.000
and not less than ¢50,000 or to a
term of imprisonment not exceeding
fourteen days or to both; and
(b) in the case of a second
offence to a fine not exceeding
¢500,000 and not less than
¢200,000 or to a term of
imprisonment not exceeding two
months or to both.
(2) In the case of a continuing
offence, a person is liable on
summary conviction to a fine not
exceeding ¢50,000 in respect of
each day on which the offence
continues.
(3) Notwithstanding
sub-regulations (1) and (2), a
person who while exploiting a
natural resource or undertaking
any activity for commercial
purposes contravenes any provision
of these Regulations or direction
given under these Regulations,
commits an offence and is liable
on summary conviction—
(a) in the case of a first offence
to a fine not exceeding ¢2 million
or to a term of imprisonment not
exceeding 6 months or to both;
(b) in the case of a second
offence to a fine not exceeding ¢5
million or to a term of
imprisonment not exceeding 1 year
or to both; or
(c) in the case of a continuing
offence to an additional penalty
not exceeding ¢100,000 in respect
of each day on which the offence
continues.
(4) In addition to the fine or
term of imprisonment an offender
convicted for causing damage to
the environment shall pay for the
cost of the rehabilitation of the
environment as may be ordered by
the court.
(5) The court may for the purpose
of determining the cost of
rehabilitation of the environment
under subregulation (4) consult
the Environmental Protection
Agency.
Regulation 9—Power of Seizure
(1) A police officer to whom a
private person hands over an
arrested person shall seize any
equipment, tools, apparatus or
articles used in contravention of
these Regulations.
(2) A court shall order the
confiscation of any equipment,
tools, apparatus or articles used
in contravention of these
Regulations after the conviction
of a person and may release the
items to the Chief Wildlife
Officer.
Regulation 10—Interpretation
In these Regulations unless the
context otherwise determines—
"adverse effect on the
environment" means negative impact
on people, animals or plants;
"committee" means committee of a
District Assembly responsible for
the environment and natural
resources;
"core area" means any portion of a
Ramsar Site so designated by the
Minister;
“customary and traditional
conservation practices" means
traditional practices that protect
fauna and flora and the
environment within the Ramsar
Sites;
"District Assembly" includes a
Municipal and Metropolitan
Assembly;
“ecosystem" means a dynamic
complex of plant, animal and
micro- organism communities and
their non-living environment
interacting as a functional unit;
"Minister" means the Minister
responsible for Lands and
Forestry;
"pollute" means the introduction
of any harmful materials or
substances into water systems,
such as rivers, lakes, lagoons,
pools and includes the sea;
"Ramsar
Site" means an area designated to
be managed in accordance with the
'wise use concept' of the Ramsar
Convention;
"Ramsar
Convention" means the Convention
on Wetlands of International
Importance especially as Waterfowl
Habitat (Ramsar, 1971);
“sustainable utilisation" means
human use of a wetland so that it
may yield the greatest continuous
benefit to the present generations
while maintaining its potential to
meet the needs and aspirations of
future generations;
"wise use" means sustainable
utilisation for the benefit of
mankind in a way compatible with
the maintenance of the natural
properties of the ecosystem.
SCHEDULE
(Regulation 1)
RAMSAR SITES
1. Muni-Pomadze Ramsar
Site located within the Awutu/Effutu/Senya
and Gomoa Districts of the Central
Region of Ghana (05.23N,00.15W),
covering an area of 9,461.12
hectares.
2. Densu Delta Ramsar Site
located 11km west of Accra
(05.3ON, 00..15W), enclosing an
area of 5,892.99 hectares.
3. Sakumo Ramsar Site
located at the west of Tema
(05.3ON, 00.8W), enclosing area of
1,364.35 hectares.
4. Songor Ramsar Site
located within the Dangbe-East
district of the Greater Accra
Region (06.5ON, 00.3OE), enclosing
an area of 51,113.33 hectares.
5. Keta Lagoon Complex
Ramsar Site cover all or portions
of South Tongu, Akatsi, Ketu and
Keta districts of Volta Region
(05.55N, 00.50E), enclosing at
total area of 101,022.69 hectares.
6. The inland Owabi
Wildlife Sanctuary Ramsar Site
lying approximately, 14km North
West of Kumasi in the Ashanti
Region with a total area of 1,310
hectares.
DR. CHRISTINA AMOAKO-NUAMA
Minister for Lands and Forestry
Date of Gazette Notification: 15th
October, 1999. |
