-Module 9-

connectIvity conservation

-legal issues & instruments-

EXERCISE 2

Preparing to Draft a Connectivity Conservation Law

OBJECTIVES AND INSTRUCTIONS

  • Nature of the Exercise
  • Group exercise
  • Legal analysis
  • Purpose of the Exercise
  • Encourage Learners to read and analyse laws that govern connectivity conservation.
  • Provide Learners with an opportunity to apply what they have learned about connectivity conservation.
  • Structure of the Exercise
  • Introduction to exercise (suggested time allocation, 5 minutes)
  • Group work (suggested time allocation, 60 minutes)
  • Joint class discussion (suggested time allocation, 55 minutes)
  • Methodology/Procedure
  • Introduction to the Exercise - facilitated by the pre-prepared presentation (suggested time allocation, 5 minutes)
  • Divide Learners into five groups.
  • Provide each Learner with:
  • Two generic examples of laws that govern connectivity corridors.

Examples are provided but Educators are encouraged to select other laws relevant to their context or that of their audience.

  • Explain that the Government has decided to develop a law on connectivity conservation and that the Learners are groups of consultants who have been tasked with making proposals for the basic contents of the law.
  • Each Learner will be required to critically review the examples of connectivity conservation laws and then work with the other members of his/her group to develop an annotated outline for the proposed connectivity conservation law (suggested time allocation, 60 minutes).
  • After the groups have completed their annotated outlines, ask each group to briefly explain its outline (5 x 10 minutes = 50 minutes + 5 minutes to conclude the exercise = suggested time allocation, 55 minutes).
  • Facilitate this process and encourage critical feedback and additions from the other groups.
  • Additional Notes to the Educator
  • This exercise uses examples oflaws that govern connectivity conservation in two different countries, which have been modified and adapted for the purpose of the exercise.
  • The Educator may want to:
  • Substitute the generic examples with actual laws from his/her region/jurisdiction; or
  • Edit/simplify the generic examples study depending on the level of capacity of the Learners.

In either of these cases the Educator will need to adapt the Annexes accordingly.

RESOURCES

  • Introductory Presentation
  • Task, with Generic Connectivity Law 1and Generic Connectivity Law 2(Annex A)
  • Summary of Possible Responses(Annex B)

1

ANNEX A – TASK

YOUR TASK

The Government has decided to develop a law on connectivity conservation. You are a group of consultants that the Government has tasked with making proposals for the basic contents of the law.

Read critically the examples of laws governing connectivity corridors that are provided.

Work with the other members of your group to develop an annotated outline for the proposed connectivity conservation law.

Total time:(suggested time allocation, 60 minutes)

Generic Connectivity Law 1

Article 1 – Purpose

The purpose of this Act is to conserve national land and ecosystems in an environmentally sound manner.

Article 2 – Definitions

For the purposes of this Act:

Corridor means a designated connectivity conservation area that links protected areas with each other and with habitats outside protected areas.

Article 3 – Relationship with other Acts

This Act shall have priority over other Acts with respect to the creation and management of connectivity corridors.

Article 4 – Establishment of the National Connectivity Conservation Plan

The Minister of Environment shall set principles and standards forestablishingand managing connectivity corridors, in consultation with the Head of the National Parks Agency and the Head of the Forest Department and the Head of the Forest Department. The Minister of Environment may, in consultation with the Head of the National Parks Agency and the Head of the Forest Department, modify these principles and standards where such modification is deemed unavoidable due to changes in social, economic or regional conditions.

1.The Minister of Environment shall, every ten years, prepare a national plan for connectivity conservation in accordance with the principles and standards set under paragraph 1, after consultation with the Head of the National Parks Agency and the Head of the Forest Department.

2.The national plan shall contain, at a minimum, the following:

  1. The present state of connectivity national-wide and the prospect of changes in conditions for it;
  2. An overall strategy for developing connectivity conservation;
  3. Guidelines for purchasing land to be incorporated into a connectivity corridor;
  4. Guidelines for entering into voluntary agreements with owners of land inside connectivity corridors;
  5. Guidelines for addressing any modifications in protected areas that are part of a connectivity corridor;
  6. Guidelines for the restoration of ecosystems and recovery of species populations in connectivity corridors;
  7. Guidelines for providing technical assistance to owners of land inside connectivity corridor;
  8. Guidelines for research in connectivity corridors;
  9. Guidelines for bilateral or multilateral cooperation for transboundary connectivity corridors;
  10. Any other provisions that the Minister of Environment may deem necessary.

3.Before the Minister of Environment establishes or modifies the national plan, he/she shall consult with the Ministers of other central ministries and with provincial governments.

4.The Minister of Environment may request the heads of related central ministries and the heads of local governments to submit data and/or provide the cooperation necessary to establish and implement the national plan. In such cases, the heads of related central ministries and the heads of local governments shall comply with such request in the absence of extenuating circumstances.

5.When the Minister of Environment has established or modified the national plan, he/she shall notify the ministers of related central ministries and provincial governors.

6.The National Connectivity Conservation Plan shall be issued by Presidential Decree.

Article 5 – Implementation Plans

1.The Head of the National Parks Agency, in consultation with the Head of the Forest Department, shall prepare an annual implementation plan for national connectivity conservation in accordance with the basic plan and submit it for approval to the Minister of Environment.

2.Annual implementation plans must at a minimum address the issues specified in Article 4.c. of this Act and must be subject to the consultation and approval processes specified in Article 4(5) and (6).

Article 6 – Designation of Areas to be included within a Corridor

1.The Minister of Environment shall set principles and standards concerning the designation of areas to be included within a corridor after consultation with after consultation with the Head of the National Parks Agency and the Head of the Forest Department, provided that the Minister of Environment may, in consultation with the Head of the National Parks Agency and the Head of the Forest Department, modify these principles and standards where such modification is deemed unavoidable due to changes in social, economic or regional conditions.

2.A corridor must include legally designated protected areas and their buffer zones as core areas of the corridor.

3.The Minister of Environment may designate certain areas of any corridor as requiring special measures due to their ecosystems, natural landscapes or forests, in accordance with the principles and standards set under paragraph 1.

4.The procedures specified in Article 4.4, 4.5, 4.6, and 4.7 shall apply to procedures for designating areas to be included within a corridor. Opinions from residents of the relevant areas may be sought if necessary.

5.When the Minister of Environment has designated any area to be included within a corridor, he/she shall publish the designation in the official gazette and notify the heads of related central ministries, provincial governors, and the heads of local governments.

6.Provincial Governors and the heads of local governments shall make documents related to the designation of corridors available to the general public for inspection.

Article 7 – Restrictions on Activities within Corridors

No one shall construct buildings or install structures or other facilities, change the form and quality of land, gather soil and stones, or perform any other similar act within a corridor, except in the following cases:

1.Installation of national defense facilities or military facilities;

2.Indispensable public or common facilities, such as roads, railroads, and rivers, which are prescribed by Presidential Decree;

3.Installation of facilities for the conservation of the natural environment, such as wildlife passages, facilities for the conservation and utilization of the natural environment, and facilities for ecological restoration;

4.Installation of facilities for the protection of forests, conservation and proliferation of forest resources, and forestry testing and research, which are prescribed by Presidential Decree;

5.Installation of facilities for forest management, such as forest roads and sheds for forest management, prescribed by Presidential Decree;

6.Installation of arboretums, recreational natural forests, and forest facilities for public use prescribed by Presidential Decree;

7.Installation of facilities for the restoration, repair, relocation, or preservation and management of cultural properties or traditional temples, and installation of tombstones or monuments relating to cultural properties or traditional temples, or any other similar facility;

8.Installation of facilities relating to education and research prescribed by Presidential Decree;

9.Installation of facilities for the use and supply of new and renewable energy;

10.Restoration of land damaged by mining;

11.Installation of facilities relating to the life of residents of the relevant areas, such as farmhouses and facilities for agriculture, forestry or livestock farming, prescribed by Presidential Decree;

12.Installation of support facilities, such as temporary haul routes and field offices for the installation of facilities under subparagraphs 1-11.

Article 8 – Advance Consultation

1.When the head of any administrative agency or the head of any local government intends to authorize any activity defined in Article 7.1 and 7.2, he/she shall in advance consult with the Minister of Environment, who shall seek opinions from the Head of the National Parks Agency and the Head of the Forest Department in the process of such consultation.

2.Where the Minister of Environment deems it necessary for the maintenance of a corridor, in the consultation process requires under paragraph 1 he/she may request the reduction of the scale or the change of location of the activity.

3.Standards and procedures for consultation under paragraph 1 shall be prescribed by Presidential Decree.

Article 9 – Cancellation of Designation of Corridors

1.Where the Minister of Environment acknowledges that it is no longer necessary to maintain any corridor due to the loss of its designation purpose, changes in natural, social, economic, or regional conditions, or modifications is the core protected areas, he/she may cancel the designation of corridor after consultation with the Head of the National Parks Agency and the Head of the Forest Department.

2.The procedures specified in Article 4.4, 4.5, 4.6, and 4.7 and in Article 6.5 and 6.6 shall apply in the event of cancellation of the designation of any corridor.

Article 10 – Purchase of Land for a Corridor

1.Where necessary to achieve the purpose of designating a corridor, the State or any local government may purchase land in the designated corridor area after consultation with the owners of land, provided that the State or any local government may purchase land outside a corridor if it is deemed necessary for the designation of a corridor in the future or for the efficient operation of a corridor.

2.The provisions of the Land Act shall apply to any government purchase of land for a corridor.

3.When a corridor has been designated and announced as prescribed in Article 6, any person who has land within the corridor and who meets any of the following criteria may request the Minister of Environment to purchase the land:

  1. A person who has been in continuous possession of the land since the designation of the corridor;
  2. A person who has been in continuous possession of the relevant land by inheritance from a person under subparagraph 1.

4.When the Minister of Environment has been requested to purchase land under paragraph 1, he/she shall purchase such land within the extent of the budget allocated by the State.

5.The procedures for land purchase under Article 10.3 shall be prescribed by Presidential Decree.

Article 11 – Resident Support Programs

1.The Minister of Environment and the heads of local governments shall establish and implement plans for supporting residents living in corridors.

2.The resident support programs may include support for:

  1. Increasing income, such as assistance in the installation of facilities related to agriculture, forestry and livestock industry and organic farming
  2. Promoting welfare, such as assistance in the installation of waterworks
  3. Installing facilities for the conservation or utilization of the natural environment;
  4. Assistance in the restoration and recovery of the natural and cultural resources in the corridor or in the installation of facilities for their conservation;
  5. Compensation for the reduction in income of persons satisfying the requirements prescribed by Presidential Decree, such as those who refrain from felling trees in order to conserve the ecosystems and natural landscapes of the corridor in order to protect and cultivate its forests;
  6. Other programs prescribed by Presidential Decree for increasing the income or promoting the welfare of residents in the corridor.

3.Eligibility, standards, and procedures for establishing and implementing resident support programs shall be prescribed by Presidential Decree.

Article 12 – Funding for Investigation, Research and Technology Development

1.The State or local governments may provide funding for scientific investigation, research, and technology development related to the establishment and operation of corridors.

2.The State or local governments may provide funding for monitoring corridors, restoring their ecosystems, and other activities that contribute to maintaining corridors.

Article 13 – Delegation of Authority

1.The Minister of Environment may delegate part of his/her authority under this Act to any provincial Governor, the head of any local government, the Head of the National Parks Agency, and the Head of the Forest Department. The Head of the National Parks Agency and the Head of the Forest Department may sub-delegate this responsibility to protected area or the head of any regional forest service, as prescribed by Presidential Decree.

2.The Minister of Environment may delegate part of his/her duties under this Act to relevant specialized institutions, as prescribed by Presidential Decree.

Article 14 – Cooperation by Other Government Entities

Where the Minister of Environment deems it necessary to achieve the purpose of this Act, he/she may request the head of a related central administrative agency or the head of a local government to establish or take necessary measures. In such cases, the head of a related central administrative agency or the head of a local government shall comply with such request in the absence of extenuating circumstances.

Article 15 – Criminal Penalties

1.Any person who conducts an act which is prohibited in a corridor in violation of Article 7.1 shall be punished by imprisonment for not more than seven years or a fine not exceeding fifty thousand dollars.

2.Any person who conducts any act which is prohibited in a corridor in violation of Article 7.2 shall be punished by imprisonment for not more than five years or a fine not exceeding thirty thousand dollars.

Article 16 – Penalties for Violations by a Corporation or Agent of a Corporation

If the representative, agent, employee or servant of a corporation commits a violation under Article 15 in performing duties for the corporation, the corporation shall be punished by a fine in addition to the punishment of the violator provided that this shall not apply if the corporation was not negligent and exercised due attention and supervision to prevent a violation.

Article 17 – Enforcement Date

This Act shall enter into force ondate it is published in the official gazette.

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Generic Connectivity Law 2

CHAPTER I

Article 1. Definitions

“Corridor” shall mean an area set aside to connect one or more protected areas, which shall be conserved and managed for the safe movement of wildlife.

CHAPTER II

CORRIDOR MANAGEMENT

Article 2. Declaration of corridors

The Government shall, from time to time as deemed necessary, declare as corridors areas which are critical to ensure safe passage of wildlife between protected areas. The areas declared as corridors by the Government will be managed centrally by the Environment Ministry.

Article 3. Regulations

The Environment Ministry shall adopt regulations specifying:

  1. the procedures for designating a corridor; and
  2. the procedures to be undertaken following declaration of a corridor, including the preparation and implementation of a management plan for the corridor.

Article 4. Designation

If the Environment Ministry determines that any area is critical for ensuring the safe passage of wildlife between one or more protected areas, the Ministry may initiate the process of declaring that area to be a corridor in accordance with the regulations to be issued pursuant to this Act, by presenting a proposal and preliminary report to the Government. For each proposed corridor, the Ministry shall prepare such documentation as shall be necessary to enable thorough consideration of the proposal.

Article 5. Administration of activities in corridors

  1. Once an area has been declared a corridor, all activities within the corridor shall be governed by this Chapter and all regulations and guidelines issued pursuant to it. In the event that any activity under any other law is proposed, the requirements and approvals under this Chapter must be met before other permissions under such other may be sought.
  2. Habitat management in furtherance of the management plan for the corridor shall be carried out only by the Environment Ministry and persons acting at the request or in the employment of the Ministry. For these purposes, the term “habitat management” may include culling species for sanitation and conservation purposes, as required by or in accordance with the management plan of the corridor.

Article 6. Permits under other laws

  1. If any activity within a corridor is regulated under this Chapter, no permit given under any other law shall be valid within a corridor, unless the activity involved also meets all requirements of this Chapter.
  2. The Environment Ministry shall adopt such procedures for coordination and harmonization with other laws as shall be necessary to ensure compliance with this Chapter.

Article 7. Prohibited activities within corridors