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HOME REVIEW OF GHANA LAW 1977

ENVIRONMENTAL LAW GHANA WATER LAWS [1977] VOL. IX NO. 1 RGL 11—37

OFORI-BOATENG J.*

INTRODUCTION

It has often been alleged that Ghana has no water laws. The fallacy of the allegation can be exposed by
simply turning to customary law and local taboos on water. Rudimentary though they are, they formed the
basis of water regulations on water use and management long before modern statute law became the
common means of legislation. Indeed customary regulations still form the water laws in most villages. Water
has always been treasured and protected in societies, and so it cannot be true that such a precious natural
resource which has often dictated the siting and location of human settlements and even states can be left
without any rules governing its use, however inadequate those rules may be.

The purpose of this paper is to discover, discuss and evaluate Ghana’s water laws as discoverable through
customary practices, the common law and the statutes.

STATEMENT AND EVALUATION OF EXISTING MAJOR LAWS

1. Customary Law

GHANAIAN tribes are so many and varied that it is impossible to state any customary law which is
applicable everywhere in the country. Any customary law principle that will be stated in this paper must
therefore be taken as only uniformly applicable mainly among the Akans who form the largest ethnic group
in Ghana. The other ethnic groups of the country may not necessarily have customs which are the same as
those of the Akans, although most of them often do.

Under customary law, water, in its visible and natural forms of sea, or streams, or lakes, etc. is essentially
public property which cannot he claimed by any individual even though he may be the riparian owner. This
rule is very rigidly adhered to, particularly, in areas where water is scarce. Where water is plentiful, the rule
may be relaxed so long as the state of abundance remains unchanged. Therefore in a place where water
abounds, an individual may be able to use a rivulet or a stream or a pond which is naturally on his land,
without any interference from the public, and so long is the necessity for sharing its use does not arise, he
may Use the water in any way he likes and treat It as if it Were a part of his land. When the necessity arises
that the public must share its use, no length of private use can create any ownership through prescription or
ancient usage. But, when a person with the necessary permission from the chief diverts water from a public
river onto his private land for a specific purpose, the water so diverted becomes his property. It cannot be
stated with any degree of certainty whether customary law treats ground water as a part of the land and so
capable of being owned by an individual who owns the land under which it is situated, or whether it is
treated like surface water and so cannot be owned by any individual. But whatever the legal position,
whenever an owner of a piece of land through his industry taps ground water into his well on his own land
the water so tapped is his to the exclusion of the whole world.

Water under customary usage is mainly for domestic use, watering of animals and for fishing. Most of the
rivers of Ghana are not navigable and those which are, until quite recently, were so only over limited
distances. Rules of navigation under customary law are therefore not at all developed. Irrigation is not a
common customary technique of farming, and so rules on apportionment of water for purposes of irrigation
hardly exist. People who share one stream often share it in little village groups. Where two or more such
villages are very close to each other they usually agree on one spot where they may go to collect their
water for domestic use, and so issues as to whether users of the upper part of the river have superior rights
do not arise. But among users of the same part of the river there is the custom that each user may take as
much of the water as he can carry personally and for any purpose whatsoever, provided he leaves sufficient
for other users, and provided he leaves the river water clean. Implements for obtaining water from the river
such as mechanised pumps or buckets may he allowed, but their use is dependent on local unwritten
regulations as determined by the local water regulation makers, such as the fetish priests and priestesses.
Some fetish priests may declare the use of implements containing any kind of metal as taboo. Only
earthenware and calabashes in such circumstances may be used to take water from the river or the stream.

The drinking part of the river is often located upstream from the bathing part, swimming part and the part for
watering animals. Violation of these rules is punishable with fines payable to the local chief or the priests
and priestesses of the river, either in money or in kind or both.

The banks of many Ghanaian rivers are mosquito and tsetse fly infested. A few of the rivers harbour
crocodiles or form the drinking source of dangerous wild animals. To avoid the hazard of getting too
involved with these creatures, and to avoid the hazards of bank flooding, Ghanaian villages are not usually
sited very close to rivers. Often, half a mile to a mile's berth, sometimes more, is given to the rivers.
Although this arrangement has its drawbacks, it forces the community to conserve water. The distance from
rivers also limits a village's opportunity to use them as a sewer, although household waste is as a rule kept
away from the rivers. Public conveniences are usually not found on the same side of the town as the,
drinking water unless they are a great distance away from each other.

There are no customary rules for controlling floods; common sense however is employed here. The
distance between a village and the river serves as a buffer zone against floods. Where this precaution is
found to be inadequate, those affected usually leave the area for higher grounds.

Customary regulations about water economy and preservation often emerge from traditional religious
beliefs and taboos, and the officers responsible for declaring these regulations are therefore often the
priests and priestesses who declare the wishes of the spirits which are believed to inhabit the local rivers.
For example in some parts of Ghana, the priests and priestesses of some rivers have declared that on
certain days washing of clothes or even drawing of water from, some rivers are taboos, for on those days it
is believed that the river gods who should not be seen by any human being come out in various shapes to
bask in the sun. Thus once every week there is a strict economy on the use of water. Also, as a part of
traditional religious belief, fishing on one particular day of the week there is a strict economy on the use of
water. Also, as a part of traditional religious belief, fishing on one particular day of the week, usually
Tuesday, is regarded as a taboo. Again, by custom, fishing is prohibited each year for two to three months.
The break of any of these prohibitions is punishable with a fine in cash or in kind or both. Thus through
customary religious beliefs, the people have developed enforceable rules for the conservation of fish in the
seas and rivers and avoid catching the young fish before they reasonably mature.

As a part of the management of rivers through customary regulations, when various communities observe
their annual religious and tribal festivals, the adult members clear the nearby rivers and their banks of
weeds and debris, and Where necessary, deepen the drinking parts and thus abate as much pollution as
possible to keep the water clean for yet another year. Failure to participate in this kind of communal work
without good cause is an offence punishable with a fine in money or in kind.

Custom and culture often go together and so the effectiveness of customary law as a means of regulating
water use depends to a large extent on cultural habits which differ in Ghana from place to place and from
tribe to tribe. As the standards regarding the use and protection of water are higher among some tribes than
others, and as there is no means of effecting one uniform custom or practice through out Ghana, customary
law as a means for providing a nation-wide scheme for water administration is clearly impossible. It may be
an effective means for regulating water use in small rural communities, but when the one time small villages
become large towns crowded with people with different religious and cultural backgrounds and the rivers
which were once half a mile away from the villages now flow in the middle of the towns and so become
tempting sewers for dumping domestic waste, the hold of custom breaks down, and so does customary law
as a means for controlling habits in the use, conservation and profitable exploitation of this important natural
resource.

2. Common Law

THE common law in Ghana is the same as the British common law. It exists side by side with customary
law and these two sets of law are not necessarily exclusive of each other. Where customary law is deficient
in some aspects of the law, however, it is supplemented by the common law in the absence of a statute.
The only occasion when customary law gives way to the, common law is where the customary principle
involved is repugnant to good conscience and morality by British standards. Ghana customary laws
concerning water are not repugnant to good conscience and morality by any standards and so these
customary laws do not bow to the common law concept of private ownership of rivers by virtue of riparian
ownership. On the whole therefore, the common law is hardly used in solving legal problems relating to
water. In a few cases however, a common law principle may become helpful in solving disputes. For
example, if a man digs a well on his land and by so doing deprives another man of water from his well, such
a problem cannot readily be resolved by any clear customary law principle because of the uncertainty about
the legal nature of ground water under customary law. In such a situation the common law rule in Mayor of
Brandford v. Pickles1 will most probably be applied. If such a principle is used it need not be incompatible
with customary law concept of ownership of water. The basis may very well be that water which has not
surfaced is part and parcel of the land, and so can be owned as a part of the land; and so the reasonable
exploitation of one's land cannot either at common law or customary law be regarded as an interference
with another person's property.

3. Statutory Law

THE customary law regulations upon which most of Ghana's waters are administered in the rural areas are
not suitable for coping with the complicated water requirements and problems of the towns and cities, and
so statutory laws in, such situations become necessary. These statutory laws are not made for the towns
only. They are made to Apply to the whole country but are usually more effective in the cities and the large
towns where the problems they seek to control cannot be handled through any effective remedy under
customary law.

Ghana has no one comprehensive legislation which may be called the water law of the country, but there
are a few important enactments about water which have been passed over the years to solve some water
problem as and when it has arisen. The major laws may now be examined in some detail.

A. The Rivers Ordinance, 19032

The purposes of the Ordinance are dealt with in four parts:

(1) Part 2 deals with dredging of rivers.

(2) Part 3 deals with diverting rivers.

(3) Part 4 deals with navigation of steam vessels.

(4) Part 5 is miscellaneous.

1. Dredging of Rivers (Pt. 2)

Sections 5 to 9 of the Ordinance regulate river dredging. For reasons which are hard to understand, from
the viewpoint of water management, river dredging has been divided into two parts; dredging for minerals
such as alluvial gold or diamonds, and dredging for purposes other than minerals.

Under this part of the Ordinance, no dredging in any river is lawful unless done under a suitable licence
issued by the Ministry responsible for industry and in accordance with the terms endorsed on the licence.3
Whatever environmental impact this provision is meant to have is drastically limited by the statutory
definition of the word “river” under the Ordinance, where a river “means a river specified in Schedule 1, or
added thereto in manner hereinafter provided.”4 Schedule 1 contains fourteen rivers which are mainly those
rivers which float timber or steam ships, and rivers which have alluvial gold or diamond in their beds. The
majority of rivers of the country are thus not "rivers" .it all for purposes of this Ordinance.

Dredging offenders are divided into three categories: first, those who dredge without licence, secondly,
those who dredge with licenses but in contravention of the terms upon which the licences were granted
them and thirdly, those who dredge in violation of the regulations set out under the Ordinance.

In the case of those who dredge without licences or contrary to the terms upon which the licences were
given, they “shall be guilty of an offence, and shall be liable to a penalty not exceeding fifty pounds (¢100)
for every day during which the offence continues” (s. 5). A person who dredges without a licence or in
violation of the terms upon which he is permitted to dredge is thus considered as a person who dredges
unlawfully ab initio, hence the cumulative nature of his penalty. In the case of a person who has a licence
and dredge, within the terms upon which it was granted but in the course of his operations breaks any of
the terms of the provisions of the Rivers Ordinance, there are two sets of punishment. The first set makes
the offender liable to a penalty not exceeding one hundred pounds or ¢200 (s. 8). The second set applies if
the contravention in addition causes any damage, in which case the holder of the licence shall be liable to
pay for such damage in addition to the fine (s. 8).

In all cases of violation of the Ordinance, i.e. where a person operates contrary to the terms of the licence
or where he operates legally within the terms of his licence but falls foul of any of the provisions, the High
Court or a district court may, on the approval of the Minister, cancel his dredging licences (s. 9).

The law is such that it covers both the holder of the licence and his employees who actually violate the
Rivers Ordinance, and specifically makes the holder of the licence personally responsible for actual
damage caused in the course of the dredging operations.

The dredging portion of the Rivers Ordinance does not only state the conditions under which river dredging
may be carried out, it, also goes on to provide in Schedule 3 detailed regulations as to how the dredging
operations should be conducted and the various powers the administrative authorities appointed to
administer the Ordinance have to enable them to carry out the provisions of the Ordinance.

Under the dredging portion of the Ordinance, the district courts and the High Court have criminal
jurisdiction, as all the violations of the Ordinance constitute criminal offences. Other matters which may
arise in the course of lawful operations which may precipitate disputes of a purely civil nature are all settled
by the Minister, his staff, and an inspector appointed by the Minister. So rigid is the separation of the duties
of the courts from those of the executive that the traditional judicial supervision of executive decisions of a
judicial nature is ousted. For example, the inspector has very wide discretionary powers the extent of which
is limited only procedurally. In regulation 3 of Schedule 3 for instance, the licensee cannot move his
dredging operation from any part of the river to another part without the written consent of the inspector. If
the inspector gives such consent orally instead of in writing, it can be challenged in the courts on the
grounds that it does not adhere to the procedure stipulated by the Ordinance. But the factors he has to
consider before he gives a consent in writing or refuses to consent are so discretionary that they cannot
effectively be challenged Regulations 6, 7 and 8 give similarly unchallengeable powers to the inspector.
What- ever supervision there is over the inspector has been given to the Minister. Regulation 10 gives the
Minister the sole power to decide judicial questions like disputes and differences arising out of the
interpretation of the regulations. “The true intent and meaning of these regulations”—such purely judicial
duty of interpretation—has been given to the Minister whose decisions and interpretations of the regulations
are final.

Furthermore, regulation 9 provides that a licensee who in the course of his dredging operations trespasses
on other people's property or causes any accident or injury which in law makes the government liable, shall
indemnify the government and every official who may be liable on account of any such activity. All disputes
which may arise between a dredger and the government with regard to such accidents, injuries, or
questions of indemnity should be referred to the “sole arbitration and award of the Minister, and his decision
shall be binding and final.” As already referred to above, should the settlement of the dispute bring up any
issue which depends on the true meaning of the regulations the Minister is the sole interpreter whose
interpretation cannot be questioned in any court of law by way of appeal.

If however the Minister acts outside his mandate, or makes an error which becomes obvious on the face of
the record, the fact that his decision is final will not oust the High Court’s supervisory jurisdiction. But in the
absence of anything in the regulations that the Minister should give reasons for his decision and in the
absence of any administrative requirements under the laws of Ghana that all administrative quasi-judicial
decisions must be supported by reason, a Minister who acts within his mandate and does not give reasons
for his decision can make any outrageous decision he likes and he cannot be subjected to the supervision
of the courts.

It is not easy to pinpoint the legislative motive behind this part of the Ordinance. It seems, however, that its
main purpose is to regulate mineral extraction and general exploitation of the river bed carried out through
dredging and to supervise such operations through regulations in order to protect the river courses and the
banks from the effects of haphazard dredging. This part does not reveal any particular concern about
flooding or water conservation or water quality.

2. Diverting Water (Pt. 3)

The law on water diversion is contained in two short sections, sections 10 and 11. Section 10 prohibits the
pumping or diversion of water by any means, from any river for purposes of irrigation, or mines, factories,
commercial use, industry or generation of power, without a licence from the Minister for Industry, upon such
terms and conditions as the Minister may deem fit.

Section 11 is the penalty clause which imposes a maximum penalty of fifty pounds (¢100.00) for every day
on which the violation of section 10 occurs. A person who has licence to divert water but violates the
conditions and terms of his licence may in addition have his licence cancelled.

Unlike the law on dredging, there are no statutory regulations. The terms and conditions which serve as
regulations are not known in advance. They are imposed on each licensee at the discretion of the Minister.
Only the courts are competent to deal with breaches of this part of the Ordinance, and unlike the dredging
offences, they have power to cancel licences without obtaining the Minister's approval.

This discrepancy in the treatment of dredging offenders and offenders under this part may be explained
partly from the date sections 10 and 11 were amended into their present forms. The original Ordinance was
passed in 1903, and section 9 which now provides for the Minister’s consent before a dredging offender’s
licence is cancelled was created by a 1935 amendment. Section 11, however, was added to the Ordinance
by a 1914 amendment. The legislative thinking in 1914 might have been quite different from what it was in
1935. Partly also because there are no statutory regulations which give detailed powers of operational
supervision of water diversion to the Minister, the courts have been made to add to their jurisdictions such
administrative decisions they may take, as are incidental to their usual judicial functions.

The question then arises as to why no regulations were made to control water diversion as was the case
with dredging. No definite reason can be given except to surmise that perhaps in 1914 when Part 3 was
amended, water diversion was not a serious menace and so did not need any elaborate administrative
control; whereas in 1935 when the dredging law was amended into its present form, dredging was common
and extensive, alluvial gold and diamonds were being taken away without any monitoring, and the extent of
dredging operations threatened the river beds and adjacent banks, and so elaborate administrative
machinery and meticulous watch had to be established and maintained.

The legislative motive behind this part of the Ordinance governing diversions is far from clear, particularly
because there are no fixed terms or conditions on which licences are given to enable anybody to deduce
the motive or the policy behind the prohibition. There are many reasons why water must not be diverted
unnecessarily from a river, but some of the reasons do not necessarily concern the Ministry of Industries at
all. For example, there are many reasons why rash irrigation should be checked. Left unchecked, it may
raise the water level of the irrigated land and cause flooding or convert the land into a marsh. It may
increase the water surface and cause excessive loss of water through evaporation, and it may increase the
salinity of the irrigated land and so destroy it in the long run. But decisions involving such considerations are
not in the province of the Minister for Industry to make; he often does not have the appropriate staff to
advise on such issues. Such a decision is best left to the Ministry of Agriculture and soil experts.

Diversion of water to mines, factories and for industrial purposes may very well fall within the competence
of the Minister of Industry to control. But such water diversion may involve other issues which are outside
the province of the Minister. For, apart from the fact that water diversion diminishes the volume of the river
water, the volume reduction lowers the river's assimilative capacity and so lowers its quality. There is the
additional danger of these mines and factories releasing untreated water or heated water into the river and
so polluting it or making it unbearably hot and thus reducing its use for both man and aquatic forms of life.
Prevention of these serious consequences of water diversion into factories and mines cannot be controlled
by the Minister of Industry alone, nor by the mere issuing of licences.

Like Part 2, the contents of Part 3 do not exhibit any serious concern about preservation of water or aquatic
life nor do the provisions attempt to establish any comprehensive machinery for water administration or
management,

3. Steam Vessels (Pt. 4)

Section 12 of the Ordinance provides that “The master of every steam vessel on a river shall take out a
licence for such a vessel,” and that the violation of the section shall be an offence punishable with a
maximum penalty of five pounds (¢10.00). Whether the free is meant to be a substitute for licence or a
penalty which must be incurred whenever a master navigates a river without a licence, is not at all clear
from the section.

Here again the intent of the Ordinance is not obvious, except that the licence fees do fill the coffers of the
government. But river navigation can contribute considerably to poor water quality and pose a hazard to
aquatic life. There is the temptation to discharge waste from the vessels into the river. Hot water from the
ships’ boilers may also be discharged into the river. These factors can lower the quality of the river; and yet
the section does not indicate any steps for controlling them.

The Accountant-General or a district commissioner (now district officer) of the district through which such a
river flows is responsible for issuing the licence. The conditions of issuance as indicated in the regulations5
have nothing whatsoever to do with water management. The regulations are more of a navigation law than
a water management law. They are as much water laws as road traffic regulations can be called a part of
land law.

4. Miscellaneous (Pt. 5)

This part of the Ordinance empowers the appropriate Minister to make regulations from time to time6.

(a) Generally for the purpose of protecting and improving the navigability of any river.

(b) With respect to vessels on the river.

(c) With respect to the use of any river for transport of floating timber.

(d) For the regulation and control of fishing in any river; (Added by section 2 of Ordinance No. 24 of 1938).

(e) For regulating the traffic on any river; and

(f) Generally for better carrying out of the provisions of this Ordinance; (Added by No. 16 of 914, s. 4).”

Excepting (d) which appears to have been added as an afterthought in 1938, the Minister’s power of
making regulations is confined to river navigation and commercial usability of “rivers” as defined in the
Ordinance, and has very little concern for general water management, and water quality. Even under (d)
where concern for preservation of aquatic life is shown it is only the fish in the comparatively few “rivers” of
the country as defined under the Ordinance which are protected. Indeed there is reason to believe that
enforceability of (d) is very difficult, for it is not easy to protect fish life in the “rivers” which are to be dredged
and used for navigation and timber transportation.

The Rivers Ordinance as a whole, with its various regulations does not contribute to the solution of water
management problems of Ghana. The broad purpose of the Ordinance, which appears to be commercial
exploitation and development of rivers for navigation and transportation of timber, is very narrowly based
and fails to take into account other equally important uses or water which the kinds of river exploitation
emphasised so much in the Ordinance can prevent. There is a lack of co-ordination and consultation
between the Ministry of Industries and other ministries whose mandates also impinge on water use. The
general lack of a comprehensive policy with regard to water exploitation makes the overall economic
advantage which the country stands to gain from the Ordinance very limited.

Ghana is a developing country with ambitious plans for industrialisation and the full utilisation of its natural
resources, and so it is surprising that this Ordinance which is over 70 years old has managed to survive so
long on our statute books, without any major amendments.7

B. Volta River Development Act, 1961

The Volta River Development Act, 1961 (Act 46), with its various amendments is probably the most
advanced and the most comprehensive legislation on water management in the country. It is also the first
enactment to introduce water management through the “river basin authority” system.

Section 1 of the Act establishes a river authority, a body corporate called the Volta River Authority. Its
functions are provided by section

10 as follows:

“(a) the generation of electrical power for the operation of an aluminium industry, and for general industrial
and domestic uses in Ghana, by such means as the Authority may think fit, and in particular, in the first
instance, by the construction and operation of a darn and hydro-electric generating station in the vicinity of
Akosombo;

(b) the construction and operation of a transmission system for the distribution of the electrical power
generated by the Authority;

(c) the supply of the electrical power generated by the Authority to—

(i) any Government department or public Corporation responsible for the supply of electrical power to the
public;

(ii) the township of Akosombo; and

(iii) any other consumer ...

(d) the provision, when and so far as practical, of the facilities and assistance for the development of the
lake as a source of fish, and a route for transportation of goods and passengers, and in any other manner;
and

(e) the development of the lakeside for the health and well- being of the inhabitants, and people living
adjacent thereto."

By section 14, the Authority has b en given the powers and responsibilities of a local council for
administering the township of Akosombo and the lakeside area (s. 14 (2)). The Authority is therefore
responsible for the physical planning of the township, i.e. the decision as to where buildings should be, what
buildings, and for what purposes; schools and hospitals; quality of houses to be permitted and their siting;
transport; and the appearance of the town—all these matters have been made the responsibility of the
Authority. It is worth mentioning that section 14 (3) specifically authorises the Authority to take measures to
enhance the natural beauty of the lakeside area by planting of trees and otherwise.”

As already observed, the main purpose of creating the Authority was to build a dam on the Volta to
generate hydro-electric power, for the processing of bauxite and aluminium, but it has become quite
obvious that one river project leads on to other associated projects and then gets seriously involved with
lives of the people around the river. And so section 27 deals with acquisition of land for resettling the people
who will be displaced by the flooding of the liver banks as the water swells up over the area in the upstream
part of the dam. It also vests in the River Authority the responsibility of administering the lands which these
new settlements will occupy.

Taking into consideration the original purpose of the Act together with its incidental purposes which are as
important now as the smelting of aluminium and the generation of electricity, the overall involvement of the
Authority can be summarised as follows:

1. Generating Electricity

(a) Distribution of electricity to Akosombo township and lakeside communities.

(b) Supplying electricity to Government or public corporations responsible for supplying electricity to the
public.

2. Dam Control

(a) Prevention of harmful penetration of salt water up the River Volta.

(b) Prevention of the level of the lake rising above safe levels.

(c) Prevention of dam overflow from causing flooding of areas below the dam, and the establishment of
flood warning system.

The general continuous safety of the plan has a direct connection with the general wellbeing of the people
who live along the lake and the banks of the river, and in fact the whole country. It is the Authority’s implied
duty therefore to take all reasonable measures to keep the dam safe. The Authority therefore has a system
of flood control, an important aspect of water management.

3. Development of the Lake as a Source of Fish

The value of water for fishing can be reduced or destroyed by the amount of human waste discharged into
it. The discharges however do not have the same effect on all varieties of fish. For example, a reasonable
level of human discharge into water can be very beneficial to fish as such discharge may promote the
growth of algae on which the fish live; but overgrowth of these algae takes a lot of oxygen out of the water
when they die through overcrowding and so deprives the fish of the oxygen which they require for survival.
Development of the lake as a source of fish at commercial levels therefore requires careful study and
experimentation to know what type of fish the lake can support and under what conditions. The duty of lake
development with which the Authority has been charged therefore demands regulation of the amount of
human waste that should be allowed into the lake.

A recent study of fish nutrition and production8 in the Volta Lake revealed that immediately after the dam
was closed in 1964 there was a sudden drop of dissolved oxygen (D.O.) and this killed off the types of fish
known as the “Chrysieths” and "Mormrydids.” The dam destroyed their rocky riverine breeding habitat. The
fish which the dam impoundment supports now are mainly insect-eating fish, and even here those fish
whose eating habits are not adaptable and so do not cat anything other than insects have also declined in
number in the southern portion of the lake. But the mud sucking fish which are insectivorous and are also
capable of exploiting the wider range of food created by the lake do survive very well, and they constitute
the predominant fish life of the lake. They comprise part of the fish population in the southern portion and
remain predominant in the more riverine northern part, where they are the dominant catch. The predators of
the mud sucking fish, the lates, are also thriving well and are second in importance to the former.

The lake has generated new sources of food which previously were not important in the rivers for the food
cycle of the fish. For example, plants like water weeds, plankton and periphyton. Consequently the lake has
developed chichilds, which include the commercially important Tilapia species.9

This very promising productivity of the Volta Lake and its tributaries is beginning however to prove transient.
Since 1969 the maximum catches have been falling steadily from 61,870 metric tons in 1969 to 37,000
metric tons in 1971. The reason assigned for the decline in fish production is that as the lake settles and the
flooding of the banks and the tributaries reduces, fewer nutrients enter the lake, and as the lake itself is
poor in mineral content (oligotrophic), the quantity of food available for supporting the fish is therefore
falling, and so is the fish population.

To solve this problem it has been suggested by the report that it would be worthwhile investigating the
possibility of converting the shallows of the lake and possibly tributaries which enter the Volta to fish ponds
and “to experiment with brush or reeds as substrate and refuge.”

A simple assignment to the Authority to promote fishing and production of fish for food has thus turned out
to be a complicated scheme, that needs constant monitoring, and expertise in aquatic biology.

4. Health and Well-being of the Inhabitants

(i) Biological control of parasites.—The promotion of health and well-being of the inhabitants as a
responsibility of the Authority calls for a discipline and expertise which are very different from those required
for the generation of electricity and the production of fish, and they involve quite different problems which
are also a direct result of the existence of the lake.

The banks of the lake where reeds can grow, and the banks of the water below the dam, have become a
natural habitat of the tsetse fly, and for its breeding. The black fly which is the carrier of the parasitic worm
which causes river blindness also lives and breeds in these areas. The malaria-carrying mosquito also lives
there. To make the lakeside safe for the health and suitable for the well-being of the inhabitants is a
problem that will have to be tackled.

Present controls concentrate on the use of DDT spraying on] the larvae of the black fly during the breeding
season, but the use of DDT over a long period may have other hazardous consequences. The caddis fly
has been discovered as a predator of the eggs of the worm that causes the blindness, but it has not been
fully studied as a method of controlling river blindness. Periodic weeding of the reeds however reduces the
number of the tsetse fly.

The lake also favours the water snails which harbour the worms that cause schistosomiasis. The
prevalence rate of this disease has reached 75 per cent in the villages, particularly among the fishermen
who dive into the water to set nets for fish, and for the women and the children who wade in the lake to
draw water. The weeds which harbour the snails abound in the lake but effective control of their growth has
not been devised. “Surveys and basic taxonomic studies are fundamental needs in Ghana for advancing
the possibilities of biological control on Volta Lake”10

(ii) Water and sewerage.—The Volta supplies drinking water and can be used for sewage disposal, as well
as for the supply of fish. It is also the supplier of the water which is used as the cooling system for the
machines of the electric turbines. All these uses are competing interests which have their trade-offs and
other interactions, which will have to be considered after taking into account the country's limited capital and
human resources.

The people who live around the lake itself number about 100,000. Most of them have no adequate supply of
water, and for many, water is taken straight from the lake. There is the danger of schistosomiasis and other
bacterial diseases being contracted. Surveys however show that any attempt to withdraw and distribute
water from the lake after treatment would have to consider such questions as distances, and elevations.
Because pumps will have to be used, a lot of the electricity will have to be diverted for that purpose, and the
withdrawal of water either from the lake or its tributaries could seriously compete with the use of the
reservoir water for the supply of electricity to the Tema industrial complex and the rest of the country.

There appears to be sufficient water underground, according to geological studies, to supply good water to
the people in the area. But if the population near the lake were to expand, other considerations which would
mean a modification of approach to the problem of water supply would have to be taken into account. This
problem however will become a serious threat only when Ghana becomes very heavily industrialised and
the country continues to depend on the existing dam as the sole source of energy for its industries.

In the absence of industries, sewage disposal has not become a major trouble yet, but studies of such
problems should be considered even now.

5. River Transport

River transport on the Volta has in fact been established and some river vessels, gasoline-powered, travel
nearly the whole length of the lake, carrying goods and passengers to and from the northern parts of Ghana
to the south. For the present only a few vessels are operating, but the number is certain to increase. And so
although for the moment oil pollution is not a great menace, it can in due course become a formidable
hazard as traffic on the Volta increases. Fortunately the country is ready for such eventuality, for a fairly
comprehensive oil pollution law is already in existence.

6. The Authority

It has been necessary to give a summary description of the different studies and disciplines involved in
some of the duties which have been given the Authority just to demonstrate how highly technical some of
the knowledge required for the proper execution of these various duties can be. But at no time since the
creation of the Authority has its composition reflected much awareness of this fact. Under the original Act of
1961 for example, the Authority was composed of a Chairman and seven other members appointed by the
President, of whom one shall be the Chief Executive. One who shall have had experience in financial
matters may be appointed as finance member, and two shall be appointed to represent major consumers of
the electrical power to be generated.11 The composition was slightly amended in 1969.12 This amendment
only created a specific permanent post of Chief Executive the remaining membership and the qualifications
under the old Act was retained.

The latest law on the composition of the Authority, the Volta River Development (Amendment) Act, 1970
(Act 338), amended section 3 (1) of Act 46 so that it presently provides:

“(1) The Authority shall consist of a Chairman, the Chief Executive appointed under section 5 of this Act,
and six other persons of whom one, who shall have had experience in financial matters may be appointed
as Finance Member, and two shall be appointed to represent major consumers of the electrical power to be
generated by the Authority.

(2) Subject to section 5 of this Act, the Chairman and other members of the Authority shall be appointed by
the President acting in accordance with the advice of the Prime Minister.”

Despite the variety of statutory duties imposed on the Authority, the membership under section 3 (1) reflects
a primary concern as to the production of electricity and the monetary questions that may arise from it.
Section 3 (2) does not even indicate the criterion on which the Prime Minister will select the other
representatives for appointment by the President. It is clear that although the Government is aware of the
complexity of the duties it has imposed on the Authority it appears indifferent to the ability of the Authority to
execute them expertly. As outlined, the problems involved are more than an accountant, consumers of
electricity, and any three people selected in the manner indicated by the Act can fully understand let alone
cope with. The composition of the Authority is so inadequate that it detracts a great deal from the bright
ideas and management potentialities which the Volta River Development Act could have as a model on
future water projects.

In getting the Authority to be more representative of the problems involved in its mandate, the composition
of the Environmental Protection Council may be instructive. Section 3 (1) of the Environmental Protection
Council Decree, 1974 (N.R.C.D. 239), has provided the composition of the Council as follows:

(a) an Executive Chairman;

(b) a representative of the Council for Scientific and Industrial Research;

(c) a representative of the University institutions in Ghana;

(d) a representative of the Attorney-General's Office..

(e) a representative of the Ministry of Health;

(f) a representative of the Ministry of Industries;

(g) a representative of the Ministry of Foreign Affairs,

(h) a representative of the Ministry of Agriculture;

(i) a representative of the Ghana Water and Sewerage Corporation;

(j) a representative of the Tourist Control Board;

(k) a representative of the Meteorological Services Department;

(l) a representative of the Ministry responsible for lands;

(m) two distinguished citizens of Ghana with special interest and experience in environmental matters
nominated by the Government to represent the public interest.

Such a unit is by all standards qualified to be entrusted with the duty of overseeing environmental problems
from a wide perspective and to be able to advise wisely or formulate convincing policies on them.

C. Ghana Water and Sewerage Corporation Act, 1965 (Act 310)

The Ghana Water and Sewerage Corporation, was established in 1965, but it started to operate in
September 1966 by the authority of the Ghana Water and Sewerage Corporation Act, 1965
(Commencement) Instrument, 1966 (L.I. 519).

The main objects of the Corporation are:

1. Provision, distribution and conservation of water in Ghana, for public, domestic and industrial purposes
(s. 2 (1) (a)), and

2. The establishment, operation and control of refuse removed through the sewerage systems (s. 2 (1) (b)).

To enable the Corporation to Parry out its objectives, it has by section 2 (2) power to undertake any or all of
the following:

(a) The preparation of long-term plans in consultation with the appropriate co-ordinating authority
established by the President.

(b) Conduct of research relative to water, sewerage, and connected subjects.

(c) The making of engineering surveys and plans.

(d) The construction and operation of works.

(e) The setting of standards relative to water supply in collaboration with appropriate authorities selected for
the purpose of the Act by the President.

(f) The determination of adequate rates, charges, or fees, and effective methods for collection thereof, for
water and sewerage services furnished to all classes of users.

(g) The conduct of related or incidental activities.

The functions of local government include supplying drinking water and getting rid of domestic waste of all
kinds. Consequently the local councils are sometimes authorised to be responsible for water supply and
sewage disposal. When such local councils are thus authorised under the Local Government Act, their
activities are carried on under the directions of the corporation. If there is any doubt as to the interpretation
and meanings of such expressions as “public, domestic and industrial purposes,” the Minister in charge of
the corporation decides the matter, and his decision is final (s. 15).

Section 14 of the Act is of considerable importance. Under this section the Corporation is empowered to
make regulations. The regulations cover “such matters as are required under this Act to be prescribed.” For
example, under section 2 (2) (a) the corporation is expected to make long-term plans in consultation with
“the appropriate co-ordinating authority established by the President.” The co-ordinating authority and how
the corporation should work in consultation with it, its procedure, etc. are all expected to be laid down in a
specific regulation. Section 2 (2) (e) also provides for “the setting of standard relative to water supply and
sewerage in collaboration with appropriate authorities selected for the purpose of this Act by the President.”
Here also the authorities, the kind of collaboration the corporation should have with them, the setting of
water standards, the criteria to be selected for the standards, and the methods of enforcing such standards
axe expected to be set out in a regulation under the Act. Section 2 (2) (e) has a very close connection with
section 2 (2) (b) which provides for research relative to water and sewerage and connected subjects.
Research is required to identify the types of toxic materials and other pollutants in the sources of water, to
make it possible to determine the extent to which a particular standard of water quality or effluent standard
can be determined, having regard to the scientific knowledge and human resources available. The
interpretation of section 2 (2) (b) cannot properly be confined to research about water quality. Research into
water and connected subjects is a very elaborate undertaking which involves many disciplines. It involves,
to mention only a few, biologists, medical doctors, experts in chemistry, sanitary engineers and even
experts in economics and law for controlling land use. Similarly, research into sewerage and connected
subjects will involve experts on water problems, engineers, as well as town and city planners. It is clear
therefore that eventually in order to carry out its functions the corporation will need a formidable team of
experts and supporting technicians.

Section 14 (b) provides for regulations in connection with fixing of water rates, sewerage charges and other
fees necessary for giving effect to any matter specified in this Act. Section 14 (c)-(f) authorise regulations:

“(c) for the prevention of the waste of water;

(d) for the supervision of water supply;

(e) for the prevention of the pollution of water;

(f) for the inspection of any appliances whereby or in connection with which water is supplied or sewerage
systems established.”

Section 14 in short prescribe for regulations which necessarily touch on some of the major problems of
water management.

When the Corporation decides to supply water to industries, private homes, and various places and to
control the supply by using meters or other methods, it can easily assess how much each consumer should
pay; but once the water has been supplied, sewerage problems start, because after the water has been
used it has to be disposed of a waste and the harmfulness of the waste will depend on how the water was
used in the first place, and the quality that is being returned. Because water is used in very many ways the
returning waste has a chance of containing pollutants of all kinds which may find their way into the water
cycle through rivers and groundwater. Section 2 (1) (b) has accordingly made it the duty of the Corporation
to establish “operations and control of sewerage systems of such purposes.” One of such purposes is the
“prevention of the pollution of water” under section 14 (e). Nevertheless the Water Charges Regulations,
1974 (L.I. 955), do not include anything for the prevention of water pollution. The regulations are concerned
mainly with the collection of money from water users without linking the charges to water management.

The Water and Sewerage Corporation Act is very environmental conscious in its outlook and general
content. But the Corporation has not made use of its regulatory powers to create the necessary regulations
which will convert the ideal in the Act into a practical reality.

D. The Oil in Navigable Waters Act, 1964 (Act 235)

In 1954 Ghana signed an International Convention for the Prevention of Pollution of the Sea by Oil.
Accordingly in 1964 the Ghana Government enacted the Oil in Navigable Waters Act to put that convention
into effect. Although the International Convention concerned sea pollution mainly, Ghana took the
opportunity to enact provisions in this Act which also protect navigable inland rivers.
Section 3 (1) of the Act deals specifically with “Discharge of Oil into Ghana Waters.” Under section 3 (1) of
the Act whenever any oil or mixture containing oil is discharged from a vessel into either the territorial sea
or any river in Ghana the owner or master of the vessel shall be guilty of an offence. If the discharge is from
a place on land the occupier of that place shall be guilty of an offence, and if it is from an apparatus used for
transferring oil from or to a vessel, the person in charge of the apparatus will also be guilty of an offence.
Section 3 (2) defines the Ghana waters to which the Act is applicable:(a) The whole of the sea within the
seaward limits of the territorial waters of Ghana, and

(b) All other waters (including inland waters) which are within those limits and are navigable by sea-going
ships.

Very few Ghanaian rivers are navigable. The only river which is navigable by ships is the Volta, but it is
uncertain whether the ships plying the Volta now can be called “sea-going” ships, as that expression has
not been defined in the definition sections of the Act. If “sea- going ships” simply means “ships” then the Act
is of some relevance to rivers of Ghana. But if “sea-going” is a special term meaning ships equipped to sail
the seas, such as tankers, ocean liners, fishing trawlers, etc. then the relevance of this Act to internal
waters may be limited.

The preamble to the Act states:

“An Act to enable effect to be given to the International Convention for the Prevention of Pollution of the Sea
by Oil, 1954, and otherwise to make new provision for preventing the pollution of the sea and of navigable
waters by oil.”

Polluted internal waters eventually enter the sea and pollute it, and so an Act to prevent oil pollution at sea,
must cover also oil pollution control of internal waters. For that reason the expression “sea-going ships”
may be given a very liberal interpretation to mean ships or crafts which are used for sailing.

The rest of the Act is devoted to activities and regulations which are hardly relevant to our unnavigable
international waters.

For purposes of Ghana this Act is more a branch of our maritime laws and conventions, and less a branch
of our laws of water management. However irrelevant this Act may appear to be to the management of our
internal waters, however, it is of some direct importance to the management of aquatic life in the rivers,
particularly those fish that live in the sea and spawn in fresh water. If the territorial sea is heavily polluted,
however clean the internal rivers may be, these anadromous fish are doomed to be destroyed or driven
away from our seas and rivers.

E. Environmental Protection Council Decree, 1974 (N.R.C.D. 239)

The Environmental Protection Council Decree was passed on 23 January 1974. It came into force on 1
September 1973. M Decree is not by itself water law. It is an enactment which establishes an institution and
lays down the basic principles and guidelines for environmental management through a bureaucratic
system. The statute there- fore has its water aspects which will be here high-lighted through a discussion of
the functions given to the Environmental Protection Council (E.P.C.) under the Decree. The functions of the
E.P.C. may be divided into three categories:

1. Co-ordination of activities having environmental impact.

2. Educational and research activities.

3. Law making and enforcement.

1. Co-ordination of Activities and Co-operation

The E.P.C. co-ordinates the activities of all bodies concerned with environmental matters, and serves as a
channel of communication between these bodies and the Government (s. 2 (1) (b)).

With regard to water matters therefore the E.P.C. is the body which must co-ordinate the activities of all
bodies and persons whose activities affect water management. Such bodies include the Ghana Water and
Sewerage Corporation and the Ministry of Agriculture in its plans to introduce irrigation, insecticides,
fertilizers and other modern techniques of agriculture which will eventually have deleterious effect on water.
The E.P.C. must also involve itself in activities of the Forestry Department in respect of forest utilisation and
conservation with its effect on water conservation and quality. It must also engage itself in the activities of
the fishing industry as they relate to the plans of other bodies to preserve aquatic life.

By section 2 (1) (d), “it serves as the official national body for co-operating and liaising with national and
international organisations on environmental matters.” The water aspect of this function is that the E.P.C.
has to be in close touch with the outside world, coperate with it and inform it of its activities. It may do so
through exchange of publications with outside bodies and by taking part in international environmental
conferences and seminars. Thus the E.P.C. has the duty of advising the Government on the desirability of
entering into agreements or negotiations with foreign countries on projects which are likely to have
international environmental consequences which may affect Ghana’s waters directly or indirectly. The
E.P.C. therefore must necessarily co-ordinate its activities with those of the Ministry of Foreign Affairs.

This function of the E.P.C. is very important, but it may bring about conflict with other bodies if not tactfully
handled and properly understood by the bodies concerned. Because Ghana’s water policies have never
been based on any comprehensive plan as already shown, various aspects of water management have
been given to different bodies including the E.P.C. itself and sometimes these different bodies have been
given the same functions to perform. Thus instead of working towards, the same goal they could become
national competitors wasting funds and human resources through duplication of efforts. For example, by
section 2 (1) (c) the E.P.C. has the responsibility to conduct investigations, research, surveys, etc. in
matters concerning water. The Ghana Water and Sewerage Corporation also has the duty to conduct
research relative to water, sewerage and connected subjects and the making of engineering surveys and
plans.13 Also the E.P.C. has power to ensure that there is proper observance of all rules on connection with
water quality including where necessary the making of regulations.14 Under Act 310, the Water and
Sewerage Corporation has the duty to set “Standard relative to water supply and sewerage in collaboration
with appropriate authorities selected fort he purposes of this Act by the President,” as well as making
regulations “for the prevention of water pollution,” i.e. setting of quality standards.15 The Ghana Standards
Board also has assumed similar duties.16 It is where such overlapping of functions occurs that the
effectiveness of the co-ordinating functions of the E.P.C. comes into full play to save unnecessary
duplication of efforts.

2. Educational and Research Activities

This function consists of:

(i) Conducting of research and various surveys;

(ii) Educating the general Public on environmental matters;

(iii) Training of research personnel.

(i) Conducting research, surveys, etc.17 This function of the E.P.C. may be subdivided into two. First, the
E.P.C. has power to initiate its own Programmes, conduct its own surveys and carry out its own researches.
If any research or survey initiated by the E.P.C. itself is likely to have any substantial effect on the economic
and social life of Ghana, then it would appear desirable for the council to inform or advise the Government
generally on the exercise and give the reasons for conducting the research as well as the actual or
anticipated results of such research. On the other hand if the researches or surveys are essentially
academic with no immediate social or economic impact, the E.P.C. need not inform the Government about
them.

Secondly, the government may request the E.P.C. to conduct some specific researches or surveys and
submit a report and recommendations.18

(ii) Educating the general public on environmental matters.—This function is purely educational but it
prepares the ground for law enforcement and at the same time provides an effective weapon against
pollution and other violations of regulations-the weapon of public opinion.

Attitudes to water quality and use are matters of human habit. It will be impractical to organise inspectors to
go from house to house to cheek on people's treatment of water in the cities and the towns. It will be an
even more formidable task to send inspectors to the villages to force people to change their habits which
offend against water regulations and sanitation. In the long run therefore the success or failure of laws and
regulations governing water and its management will depend on the responses and the general attitudes of
the majority of the people. The environmental educational programmes of the E.P.C. must therefore be
carried into the cities and the villages.

In doing so, the E.P.C. should bear in mind that about 70 per cent of the people of Ghana can neither read
nor write English. The programmes should therefore not be permitted to fall into the same error into which
many of the nation's programmes have fallen in the past. The programmes should be conducted through
the kinds of media which will be understandable to all.

(iii) Training of research personnel19.—The F,.P.C. is expected to train environmental personnel. The E.P.C.
is too new to undertake this task independently. In the foreseeable future it may have to depend on local
and external universities as well as other institutions to train its environmental personnel. The United
Nations Environment Programme may be a useful source for funds to support such training programmes.

3. Law making and Enforcement

The E.P.C. has been charged by section 2 (1) (g) with the duty of ensuring "the observance of proper
safeguards in the planning and execution of all development projects, including those already in existence,
that are likely to interfere with the quality of the environment.” Among other methods of ensuring the
observance of these safeguards, such as education, etc. is also the usual method of rules and regulations.

The duty of the E.P.C. with regard to water therefore involves the making of laws and regulations which
planners and all users of water can see and observe. As an appendage to this duty the E.P.C. has by
section 2 (1) (h) also to “perform such other functions ... as are incidental or conducive to the exercise by
the Council of all or any of the foregoing functions.” Among other things this duty further empowers the
E.P.C. to regulate the laws concerning other matters which affect water but which are not necessarily the
results of the activities of planners and developers. Thus, for example, the E.P.C. can make regulations on
water conservation or flood control or preservation of aquatic life.

Having indicated the rules and regulations to be observed, the E.P.C. has to ensure their observance. There
are two major methods of ensuring the observance of rules. First, the method of persuasion and
encouragement and second the method of coercion through fines, imprisonment, forfeiture of rights, etc.
From these two main methods may emerge a third one which is a combination of both methods.
Circumstances usually dictate which method is best suited at any given time and place. On the question of
law making, the Decree has clearly stated the broad principle which should guide the E.P.C. in all its
activities. The Decree provides in section 2 (1) (g) that the E.P.C. shall “without prejudice to the economic
and social advancement of Ghana . . . ensure the observance of proper safeguards in the planning and
execution of all development projects, including those already in existence, that are likely to interfere with
the quality of the environment.” Thus rules and regulations, and all methods of enforcement the E.P.C. may
use which can militate against the economic and social advancement of Ghana will be void as violating its
mandate. It means therefore that the laxity or the stringency of the regulations and their modes of
enforcement will have to depend on the stage of development of our society and the economy, Importation
of impressive outside water standards and methods of enforcement may very well be in violation of or ultra
vires the mandate of the E.P.C.

What the E.P.C. may do with its power of making laws and regulations is a question of policy, which falls
outside an appraisal of the law here.

F. Minor water laws

There are a few other laws concerning water in Ghana, which may be called minor in that they concern
water rather indirectly. The main ones are the following:

1. Forests Ordinance, Cap. 157 (1951 Rev.)

By section 4 (a) the government on the advice of the chief conservator of forests, can compulsorily acquire
land and declare it a forest reserve "to safeguard the water supply of the district.”

2. Mosquitoes Ordinance Cap. 75 (1951 Reg.)

This Ordinance in section 3 authorises the medical officer of health or any medical officer specially
appointed or any other person deputed in writing by any of the above-mentioned medical officers, to enter
any house between 6 a.m. and 6 p.m. to destroy mosquito larvae and temporarily or permanently to render
unfit for breeding mosquitoes, any accumulation of water on such premises likely to become a breeding
place for mosquitoes. Section 4 forbids any owner or occupant of a house to allow in his house any
receptacle of water containing mosquito larvae or to allow any uncovered water to be on his premises for
more than three days.

By sections 7 and 8 violations of any of these rules constitute offences.

3. The Wild Animals Preservation Act, 1961 (Act 43)

The State is authorised under this Act to protect animals generally and some species in particular. The
definition of “animals” or “species” in section 12 is such that it includes some fish and their eggs.

These minor statutes on water only deal with specific water problems. They clearly do not attempt to lay
down any basis for water management law. Under the Mosquitoes Ordinance for example, the main aim is
to destroy mosquitoes and not to help people to obtain good drinking water or conserve it. The water aspect
of the Wild Animals Preservation Act concerns the preservation of non-edible fish only. It does not attempt
to regulate the quality of water which must be maintained to make the preservation of such fish possible.
The Forest Ordinance is more positive, but the section dealing with water preservation deals with many
other grounds on which forest may be compulsorily reserved, the water aspect of that Ordinance is casual
and only incidental.

CONCLUSION

Ghana has general water laws which show reasonable concern about water use, conservation, and a
realistic approach to water exploitation. But as can be seen from the general discussion of the various
enactments on water, the environmental consciousness of water as a natural resource has emerged very
slowly over the years until it has reached its peak in the Environment Protection Council Decree of 1974.
This Decree has provided for the “appropriate co-ordinating” body, the E.P.C., which was promised the
Water and Sewerage Corporation under Act 310. It appears that the Water and Sewerage Corporation is
set, having now obtained its co-ordinating body to co-ordinate with other water agencies, to perform its
mandate fully, sufficient funds being available.

The Volta Development project is a living local example of a tried water management technique for all to
see and contemplate. If the Volta project has been a successful experiment in water management, then
here again the Water and Sewerage Corporation has got another booster for the making of its long-term
plans for the water supply and general management of water in the country.

Water laws necessarily concern pollution control, water conservation and laws to enforce policies which are
meant, to exploit water in all its uses to the fullest possible extent and economically. Ghana’s water laws
rightly therefore look on pollution control and water management as indivisible. In the eyes of the law at
least, the two are as interrelated as government and politics.

Ghana has sufficient institutions and the basic infrastructure to launch itself into the modern water era. All it
requires now are adequate catalytic laws and regulations to support and enforce action.

FOOTNOTES

* The author, formerly Executive Secretary of the Ghana Law Reform Commission and one time Adviser on
environmental law to the Environmental Protection Council of Ghana, is at present on secondment to the
United Nations Environment Programme in Nairobi as Legal Officer in environmental law.
1. [1895] A.C. 587, H.L,

2. Cap. 226 (1951 Rev.), as variously amended.

3. s. 5 and Sched. 2, Forms A and B,

4. s. 2 and Sched. 1.

5. Rivers (Safety or Vessels) Regulations, Law of the Gold Coast (195 4 Rev.), Vol. Iax.

6. Statutory Powers and Duties (transfer to Ministers) Cap. 269 (1951 Rev.), and the orders made
thereunder.

7. There have been slight constructional modifications by Act 126, s. 1, Cap. 269 and CA. 8, Sched. II.

8. The Environmental Impact of a Large Tropical Reservoir, Peter H. Freeman, Office of Environmental
Programs, Smithsonian Institution, Washington. D.C. 1974.

9. Ibid.

10. Ibid. at p. 26.

11. Act 46, s. 3 (1).

12. N.L.C.D. 268, para. 3 (1).

13. Act 310, s. 2 (2) (b) and (c)

14. N.R.C.D. 239, s. 2 (1) (g) and (h).

15. Act 310, ss. 2 (2) (e) and 14 (d).

16. Standards Decree, 1973 (N.R.C.D. 173). Upon a strict interpretation, it does appear the Board is taking
on more than the statute envisages.

17. N.R.C.D. 239, s. 2 (1) (c).

18. s. 2 (1) (c).

19. s. 2 (1) (c).

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