Prescribed Penalties

Article 16 of the law stipulates:

“Anyone who violates the provisions of Article (13) of this law shall be punished by imprisonment for a period not less than six months and not exceeding two years, and a fine not less than five hundred Egyptian pounds and not exceeding one thousand Egyptian pounds.

In all cases, the boats and fishing equipment found at the site of the violation shall be seized. The illegally caught fish shall also be confiscated and sold, and a ruling shall be issued for the confiscation of the seized items or their value for the benefit of the General Authority for Fish Resources Development. The violation shall be administratively removed at the violator’s expense. In the case of repetition, the penalty shall be doubled.”

Article 54 also states:

“Anyone who violates the provisions of Article (9) of this law, and anyone who practices fishing or uses a boat without a license, shall be punished by imprisonment for a period not exceeding three months, or by a fine not exceeding fifty Egyptian pounds, or by one of these two penalties.

The boats, tools used, and the caught fish shall be seized. A ruling shall be issued for the confiscation of these tools and the value of the fish for the benefit of the General Authority for Fish Resources Development. In all cases, the convicted person shall pay double the annual fees prescribed for the period during which the boat operated without a license.”

Article 55 states:

“Anyone who violates the provisions of Articles 7, 10, 16, 17, 18, and 19 of this law shall be punished by imprisonment for a period not less than three months and not exceeding six months, and a fine not less than one hundred Egyptian pounds and not exceeding five hundred Egyptian pounds, or by one of these two penalties.

In case of repetition, the penalty shall be doubled. The fishing equipment, fish, and weighing devices in the possession of the violator shall be seized, and a ruling shall be issued for the confiscation of these tools and the value of the fish for the benefit of the General Authority for Fish Resources Development.”

Legislation for the Protection of the Nile River and Waterways

(Ministry of Irrigation and Water Resources)

Introduction

The Ministry of Irrigation and Water Resources has primary jurisdiction over the waters of the Nile River in terms of preserving their natural and chemical characteristics and protecting them from biological changes. It is also responsible for ensuring proper distribution and use of water, as well as drainage operations in a manner that preserves agricultural soil.

Several laws and decisions address these matters. However, what concerns this report is Law No. 48 of 1982 and its executive regulations regarding the protection of the Nile River and waterways from pollution.

Article 2 of Law No. 48 of 1982 prohibits the discharge or dumping of solid, liquid, or gaseous waste from buildings, shops, commercial, industrial, and tourist establishments, as well as from sewage operations and other sources, into watercourses along their entire lengths and surfaces, except after obtaining a license from the Ministry of Irrigation in accordance with regulations and standards determined by a decision of the Minister of Irrigation upon the proposal of the Minister of Health.

The license issued in this regard shall specify the standards and specifications for each individual case.

The executive regulations of this law, issued by Ministerial Decree No. 8 of 1983, define watercourses as the Nile River and its two branches, canals, irrigation channels, drains, lakes, ponds, closed water bodies, marshlands, and groundwater reservoirs.

The regulations also define solid waste as all solid materials resulting from garbage, waste, sweeping materials, dry waste, broken stones, construction debris, workshop waste, or any solid materials generated by individuals or residential and non-residential buildings, whether governmental or private, including commercial, industrial, tourist establishments and transportation means.

Liquid wastes and human or animal wastes are defined as those resulting from sewage treatment processes and liquid animal waste from slaughterhouses, poultry farms, livestock barns, and similar facilities.

Articles 2 to 23 of the executive regulations regulate the licensing system for discharging treated liquid wastes into waterways. They prohibit the use of water body banks as locations for collecting or disposing of solid waste, or storing materials that may fall or scatter, except in places licensed by the Ministry of Irrigation.

They also prohibit storing, unloading, or handling chemical or toxic materials along watercourse banks except in licensed areas.

Furthermore, industrial liquid wastes permitted to be discharged into waterways must not contain chemical pesticides, radioactive materials, floating substances, or any materials that could harm humans, animals, plants, fish, birds, or affect the suitability of water for drinking, domestic, industrial, or agricultural uses.

Article 5 of the executive regulations prohibits licensing the discharge of human or animal waste or sewage water into freshwater bodies or groundwater reservoirs.

The same applies to industrial liquid wastes and machine cooling water unless the water is taken from the same watercourse into which it will be discharged, or from a similar source in water quality, and provided that the cooling system is closed and not mixed with industrial waste.

Article 8 prohibits discharging water containing radioactive substances or similar materials into groundwater reservoirs.

Article 9 requires that wastewater discharge pipes be located in a visible place and above the highest water level of the watercourse.

Article 10 requires that discharge pipes be located at least three kilometers upstream from drinking water intakes or one kilometer downstream when licensing the discharge of treated industrial liquid waste into waterways.

Article 4 of Law No. 48 of 1982 also states that it is not permissible to authorize the establishment of facilities that produce waste discharged into waterways. However, the Ministry of Irrigation may permit such facilities when necessary and in the public interest, provided that waste treatment units are established to meet the standards specified under this law.

Article 5 regulates waste discharge from residential and tourist floating units in the Nile River and its branches.

Article 7 prohibits moving river units used for transport or tourism from allowing fuel leakage into waterways and requires them to provide systems for treating waste rather than discharging it into the Nile.

Articles 10 and 11 require the Ministry of Agriculture, when selecting chemical pesticides for agricultural pest control, to ensure that their use does not cause pollution of waterways during spraying operations or through agricultural drainage water or equipment washing.

Similarly, the Ministry of Irrigation must ensure that chemicals used to control aquatic weeds do not pollute waterways.

The law also prohibits the reuse of wastewater, either directly or after mixing with fresh water, for any purpose unless it is proven suitable for that use.

The law further prohibits dumping solid, liquid, or gaseous waste from buildings and commercial, industrial, and tourist establishments into freshwater bodies (the Nile, its branches, canals, and irrigation channels) or non-freshwater bodies (drains, lakes, ponds, closed water bodies, marshlands, or groundwater reservoirs) except after obtaining a license from the Ministry of Irrigation according to standards set in coordination with the Ministry of Health.

The Ministry of Health laboratories must conduct periodic analyses of treated wastewater samples from licensed establishments in addition to analyses requested by the Ministry of Irrigation.

If the results show violations that pose an immediate risk of water pollution, the concerned party must immediately remove the cause of harm; otherwise, the Ministry of Irrigation may remove it at the violator’s expense, withdraw the license, and administratively stop the discharge.

The law assigns the Water Surface Police the responsibility of inspection and assisting relevant authorities in detecting and removing pollution sources and reporting violations.

The law also established a special fund to receive revenues from fees and fines resulting from the application of this law. The fund is used for:

• Administrative removal of waste
• Supporting institutions establishing waste treatment plants
• Rewards for informants and officers detecting violations

Source:
Dr. Ahmed Barania
Professor of Fishery Economics and Resource Development
National Planning Institute

Cooperative Union for Aquatic Resources