Concerned by the effect of in-stream barriers to the natural flow of surface water, which disrupts natural balances by causing fragmentation of wildlife habitats, accumulation of sediment downstream, changes to water temperature, and increased erosion around the said barriers; and
Disturbed that many such barriers render natural waterways effectively uninhabitable by wildlife while polluting nearby land, necessitating collective regulation by the World Assembly particularly when barriers affect rivers flowing across multiple member nations;
The World Assembly enacts as follows.
- Definition: For the purposes of this resolution, an "in-stream barrier" is any structure existing solely due to sapient activity which, under normal conditions, prevents or substantially alters the flow of surface water through a stream.
- Construction:Every member nation must maintain at least one board (hereinafter "Section 2 board") tasked to approve the construction of any in-stream barrier in a member nation. Approval may not be granted to the construction of an in-stream barrier unless:
- The entity responsible for the barrier can provide a realistic plan, to be implemented during both the initial construction and subsequent operation of the barrier, to avoid any environmental damage from the barrier in excess of what is essential to achieve the purpose of that barrier;
- The board is satisfied that the infrastructural, humanitarian or environmental benefit of the barrier outweighs any environmental damage it would cause; and
- The board granting approval is fully independent from the entity which would construct or maintain the barrier, except if the entity is the member nation itself and the dependence is to the minimal extent necessary to ensure the effective operation of the board in question.
In this resolution, environmental damage includes reduction in water quality, changes to water temperature, habitat fragmentation, pollution surrounding a stream, and any other factors likely to materially reduce the quality of any ecosystem in or surrounding the relevant stream.
- Reviews: A Section 2 board must regularly review all in-stream barriers under its jurisdiction to determine whether the said barriers continue to meet the conditions in Section 2. In the event that the barrier does not follow these conditions, including cases where an entity fails to implement its submitted plan under Section 2(a) without submitting an alternative plan also approved under Section 2, the said board may order the barrier's removal pursuant to Section 5.
- Unlawful barriers:No member nation or entity therein may deliberately construct an in-stream barrier without the approval of a Section 2 board with jurisdiction.
- This section does not apply in cases where waiting for approval from a Section 2 board would pose an imminent danger to life or the relevant natural environment; in such cases the barrier must be reviewed by a Section 2 board at the earliest possible opportunity.
- Member nations need not act against isolated, de minimis violations of this section which pose no cognisable hazard to the relevant stream or surrounding environment.
- Removal:Every member nation must continually ensure the removal within its jurisdiction of any substantial in-stream barriers created in contravention of Section 4 while this resolution is in force, or whose use has been discontinued and is unlikely to resume in the foreseeable future. Such removals should prioritise barriers causing the most damage to a stream or the surrounding environment, and must be carried out in a manner that causes the least damage to the relevant stream or surrounding environment.
- An in-stream barrier need not be removed under this section, provided that due measures are taken to minimise any environmental damage the barrier causes, if (i) the barrier is demonstrably of historical or cultural significance; or (ii) removal of the barrier would cause greater environmental or humanitarian damage than what would be caused by the barrier remaining in place.
- The General Accounting Office may provide funding, in accordance with existing WA law, for this section to be enforced in any member nation which is otherwise unable to comply with this section without posing a substantial burden to its economy or finances.
- Interpretation: Unless clarified otherwise, terms in the singular include the plural thereof and vice versa. Nothing in this resolution precludes stronger measures by member nations, acting jointly or severally, to regulate or remove in-stream barriers under their jurisdiction.
