Building Capacity on Protected Areas Law & Governance Module 4 Planning, Types & Establishment

Building Capacity on Protected Areas Law & Governance

Module 4

Planning, Types & Establishment



Planning is an essential component of all PA laws.

Planning informs the establishment and management of the PA.

PA laws recognise different types of PAs.

PA laws prescribe strict criteria and procedures for establishing and disestablishing PAs.

Overview of the Seminar

Protected Area Planning

Categories/Types of Protected Areas

Establishment/Declaration

Disestablishment

Amendment

Objectives

Introduce different ways in which planning provisions are prescribed in PA laws.

Clarify the different IUCN Management Categories & Governance Types and how these are given

effect to in PA laws.

Examine the legal mechanisms for establishing, disestablishing and altering the boundaries of PAs.

Outline the procedures, prerequisites, authorities and provisions for public participation related to the above processes.

Distil the different types of plans/planning of relevance to PAs and how these are provided for in

PA laws.

Outcomes

Understanding of the ways in which planning provisions are prescribed in PA laws.

Clarity on the different IUCN Management Categories & Governance Types and how these are given


Knowledge of the legal mechanisms for declaring, establishing and altering the boundaries of PAs.

Awareness of the procedures, prerequisites, authorities andprovisions for public participation related to the above processes.

Knowledge of the different types of plans/planning of relevance to PAs and how these are provided for in

PA laws.





Disestablishment

Amendment


Two Different Dimensions

Types of PA Plans

PlanningInforming

Establishmentof a PA

“Planning”?

What types of PA plans exist?

What types of legal issues

should inform the establishment

of a PA?

Planning for Protected Areas

What types of legal issues should inform the establishment of a PA?

International Context Domestic Context

Conventions

Decisions

Guidelines

Institutions

Tenure/Rights

General Plans

Stakeholders

Key Legal Issues (Tenure/Rights)

2 Key Questions WHO owns, holds rights in or exercises authority over

the land/sea and/or natural resources to be included in the PA?

WHAT is the basis and form of this tenure?

single form

government

individual

community

full title

partial title

basis

statute

contract

multiple

custom

who what

access/use rights

Key Legal Issues (Tenure/Rights)

Stakeholders Consultation Procedures Form of PA Governance

Governance by Government Shared Governance Private Governance Governance by Indigenous Peoples & Local

Communities

Legal Tools (Private/Communal) Donation State Purchase State Expropriation & Compensation Conservation Servitudes/Covenants/Easements Leases

Intergovernmental Cooperation

Key Legal Issues (General Plans)

Need to consider broad planning context Relevant plans include:

fresh watermarine

climate change

land use

biodiversity

minerals

coastaldevelopment

agriculture

Key Legal Issues (General Plans)

Identification of relevant plans Authoritative weight of plans Trumping of plans Planning alignment Implications for management categories Influence on intergovernmental

cooperation and consultation procedures Influence on viability Scoping other conservation measures

Key Legal Issues (Stakeholders)

“stakeholders”

NGO

developer

community

governmentPA manager

landowner

Key Legal Issues (Stakeholders)

Identification of “stakeholders” Public participation procedures Form/nature Mandatory/discretionary Timing Provision of support Intergovernmental cross-consultation Feedback/reporting Appeal/review procedures


Two Different Dimensions

Types of PA Plans

PlanningInforming

Establishmentof a PA

“Planning”?


What types of legal issues

should inform the establishment

of a PA?

Types of Protected Area Plans


System Plans Management Plans

System Plan (What is it)

Idea - individual PAs are part of an overall PA’s system and need to be understood in this context.

Base - founded on science. Process - comprehensive scientific

research and mapping leading to development of plan/strategy.

Outcome - a big plan/strategy for informing decision making about where to establish PAs and undertake complementary conservation initiatives.

Form - diverse and depicted in words, maps, figures, goals, principles and targets.

System Plan (Purpose)

Identify priority conservation goals, objectives & agents for PA system.

Provide strategic direction. Identify opportunities for expanding

the PA system. Identify priority sites/areas for

inclusion in PA system. Identify connectivity needs and gaps

in coverage. Identify serious existing and potential

threats to PA system. Identify opportunities for adapting to

these threats.

System Plan (Legal Issues)

Statutory vs Non-Statutory Discretionary vs Mandatory Authority Timeframe Guiding Principles /Objectives Scope & Content Process Renewal Implementation Link to Other Planning

Instruments Link to International Obligations

Management Plan (What is it)

Nature Site Management Plan

Purpose Guides management of PA Provides legitimacy to management authority

Process Developed by management authority Public participation Approval by higher government authority Provision for periodic review

Content Attributes of PA Management Principles, Objectives &

Activities Restricted activities Management responsibilities

Management Plan (Legal Issues)

Scope Preparation Content Alignment

System Plans Other Plans

Public Participation Approval Implementation Monitoring Reporting Amendment




Categories/Types of PAs …Category Ia:Strict nature reserve

Category Ib:Wilderness area

Category II:National park

Category III:Natural monument or feature

Category IV:Habitat/species management area

Category V:Protected landscape/seascape

Category VI:Protected area with sustainable use of natural resources

Type A:Governance by government• Federal/national ministry• Sub-national ministry/agency• Government delegated

Type B:Shared governance• Transboundary governance• Collaborative Governance• Joint Governance

Type C:Private governance• Individual landowners• Non-profit organisations• For-profit organisations

Type D:Governance by indigenous peoples and local communities• Indigenous peoples conserved areas• Community conserved areas

Managem

ent Objectives

Form

of Governance

2013 Origins Evolving International Status

Guidelines Increasing international recognition Increasing domestic use

Reporting WDPA & UN List of PAs Currently for Management

Categories Reporting by No’s and not Names

Categories/Types of PAs …

2013 Purpose

Facilitate planning Improve information management Help in regulating activities Provide a basis for laws Inform budget setting Provide a tool for advocacy Interpret & clarify land tenure and

governance A tool to help plan systems of PAs

Categories/Types of PAs …

2013

Management Categories

GovernanceTypes

Categories/Types of PAs

IUCN Management Categories…Category Definition of Management Objective

Category IaStrict Nature Reserve

Strictly protected areas set aside to protect biodiversity and also possibly geological or landform features, where human visitation, use and impacts are strictly controlled and limited to ensure protection of the conservation values. Such protected areas can serve as indispensable reference areas for scientific research and monitoring.

Category IbWilderness Area

Protected areas are usually large unmodified or slightly modified areas, retaining their natural character and influence, without permanent or significant human habitation, which are protected and managed so as to preserve their natural condition.

Category IINational Park

Protected areas are large natural or near natural areas set aside to protect large-scale ecological processes, along with the complement of species and ecosystems characteristic of the area, which also provide a foundation for environmentally and culturally compatible spiritual, scientific, educational, recreational and visitor opportunities.

Category IIINatural Monument/ Feature

Protected areas are set aside to protect a specific natural monument, which can be a landform, sea mount, submarine cavern, geological feature such as a cave or even a living feature such as an ancient grove. They are generally quite small protected areas and often have high visitor value.

Category IVHabitat/Species Management Area

Protected areas aim to protect particular species or habitats and management reflects this priority. Many category IV protected areas will need regular, active interventions to address the requirements of particular species or to maintain habitats, but this is not a requirement of the category.

Category VProtected Landscape/Seascape

A protected area where the interaction of people and nature over time has produced an area of distinct character with significant ecological, biological, cultural and scenic value: and where safeguarding the integrity of this interaction is vital to protecting and sustaining the area and its associated nature conservation/ other values.

Category VIProtected Area with Sustainable Use of Nature Resources

Protected areas conserve ecosystems and habitats, together with associated cultural values and traditional natural resource management systems. They are generally large, with most of the area in a natural condition, where a proportion is under sustainable natural resource management and where low-level non-industrial use of natural resources compatible with nature conservation is seen as one of the main aims of the area.

IUCN Management Categories…

basis = management objective

not a commentary on management effectiveness

international system of categorisation

names differ across countries

not a hierarchy of importance

a gradation of human intervention

gen

eral

issu

es

IUCN Management Categories…

Philippines: National Protected Areas Systems Act (1992)

Strict nature reserve “an area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples of the natural environment available for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state.”

Natural park “a relatively large area not materially altered by human activity where extractiveresource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use.”

Natural monument “A relatively small area focused on protection of small features to protector preserve nationally significant natural features on account of their special interest or unique characteristics”.

Wildlife sanctuary “An area which assures the natural conditions necessary to protect nationallysignificant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation.”

Protected landscapes/seascapes

“Areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of these areas”.

Resource reserve “An extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resources of the area for future use and prevent orcontain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning”.

Natural biotic area “An area set aside to allow the way of life of societies living in harmony with theenvironment to adapt to modern technology at their pace”.

IUCN Management Categories

IUCN Management Categories

Category Ia:Strict nature reserve







Philippines National Protected Areas Systems Act (1992)

Strict nature reserve

Natural park

Natural monument

Wildlife sanctuary

Protected landscapes/seascapes

Resource reserve

Natural biotic area

IUCN Governance Types…

IUCN Governance Types

basis = type of authority/responsibility

may be multiple governance types within one PA

governance type is ≠ governance quality

form of governance not necessary relate to ownership

legal mechanisms vs governance types

determination may be complex

gen

eral

issu

es

Categories/Types of PAs

Category Ia:Strict nature reserve







Type A:Governance by government• Federal/national ministry• Sub-national ministry/agency• Government delegated

Type B:Shared governance• Transboundary governance• Collaborative Governance• Joint Governance

Type C:Private governance• Individual landowners• Non-profit organisations• For-profit organisations

Type D:Governance by indigenous peoples and local communities• Indigenous peoples conserved areas• Community conserved areas

Management Objectives Form of Governance

Ro

le o

f L

aw?

Categories/Types of PAs & Law

PA categories/types an essential planning tool

legal mechanisms faciliate governance types

mandatory reporting requirements

law an essential role in giving effect to PA categories/types

legal reflection of management categories

role of the law as an enabler

Ro

le o

f L

aw





Establishing a Protected Area

Initiation/Nomination

Public Participation

Declaration

Intergovern’tal Consultation

Initiation/Nomination

by whom

criteria

process…

government

individual

community

mgt objectives mgt categories

company

NGO

governance types

Initiation/Nomination…

process

screening“protected area” criteria

initiation

more information

notice

government other

notification

content process

Public Participation

“stakeholders”

“process”

form/nature

outcome

timing support

feedback appeal/review

mandatory/discretionary

Intergovernmental Consultation

“govt stakeholders”

“process”

form/naturecross-consultation cross-approval

timing

outcome

when duration

decision-making agreements

Declaration

“final” steps“preliminary” steps

interim protection

formal assessments

land acquisition

declaration

registration

demarcating boundaries

Declaration (Preliminary Steps)…

interim protection

process

authority

outcome

criteria

durationflexibility renewal

notice content

active mgt prohibitionsfreezing land use

compensation


formal assessments

trigger

outcome

form

authority

mandatory discretionary

land acquisition?

purchase expropriation

process

compensation

“conservationagreements”

process

compensation

compelledvoluntary voluntary

types

private communal

lease

easement

covenant servitude



Conservation Agreements

formalities

incentives

compensation

content

• Description of parties• Description of land• Objective of agreement• Recordal of Management Category• Obligations and rights of landowner

• Access/use rights• Land-use restrictions

• Obligations and rights of government• Access rights• Management obligations

• Governance arrangements• Governance type• Management activities• Financing and Support

• Compensation• Duration• Termination/Breach

• Key Principles• Types/objective of agreements• Authority to negotiate agreements• Qualification criteria

• ‘conservation value’• ‘protected area’• ‘management objectives’• ‘management category’

• Qualifying parties• Content• Negotiation process• Public participation• Approval process• Registration • Formal designation• Management authority• Monitoring & reporting

dual agreements

incorporation

co-management

Declaration (Final Steps)

demarcating boundaries

formal declarationauthority

registration

forms process

flexibility

administrative

ecological

process

scope

processwhat

designation

agreements land law





Disestablishment

Amendment

Disestablishing a Protected Area

groundsexceptional

process

authority

rigorous

initiation

assessments public participation

approval

intergovt’al consultation

no net loss

amending agreements

consistency

same authority higher authority

Amending PA Boundaries

groundsexceptional

process

authority

rigorous

initiation

assessments public participation

approval

intergovt’al consultation

no net loss

amending agreements

consistency

same authority higher authority





Disestablishment

Amendment

Objectives

Introduce different ways in which planning provisions are prescribed in PA laws.

Clarify the different IUCN Management Categories & Governance Types and how these are given


Examine the legal mechanisms for establishing, disestablishing and altering the boundaries of PAs.

Outline the procedures, prerequisites, authorities and provisions for public participation related to the above processes.

Distil the different types of plans/planning of relevance to PAs and how these are provided for in

PA laws.

Outcomes

Understanding of the ways in which planning provisions are prescribed in PA laws.

Clarity on the different IUCN Management Categories & Governance Types and how these are given


Knowledge of the legal mechanisms for declaring, establishing and altering the boundaries of PAs.

Awareness of the procedures, prerequisites, authorities andprovisions for public participation related to the above processes.

Knowledge of the different types of plans/planning of relevance to PAs and how these are provided for in

PA laws.

Core Texts

15 Case Studies 5 Case Studies


Module 4


SeminarPresentation

Exercises

knowledge transfer skills development

Documents

Building Capacity on Protected Areas Law & Governance Module 4 Planning, Types & Establishment