Building Capacity on Protected Areas Law & Governance Module 5 Module 4 Exercise 1 Matching De Facto Realities to Legal Incorporation Tools Photo: Sunrise view at Torres del Paine National Park, Chile. Sourced from Shutterstock (Image ID No. 209654716) © Yongyut Kumsri Planning, Types & Establishment

Background Purpose Structure Provide Learners with an opportunity to reflect on their knowledge of the law in a practical context. Increase Learners’ ability to identify: Relevant stakeholders in the context of establishing a PA. Different ownership and land-use realities impacting on the establishment of a PA. Core issues that should be scoped in the process leading to the establishment of a PA and the role/influence of PA law on these issues. Increase knowledge of the different legal tools that could be used to incorporate different parcels of land within PAs. Structure Introduction to Exercise (10 minutes) Group Work (50 minutes) Group Presentations (60 minutes) NOTES FOR EDUCATOR Briefly explain the Purpose of the Exercise. Briefly explain the Structure of the Exercise.

The Case Study NOTES FOR EDUCATOR Briefly introduce the Case Study to the Learners as follows: Government wants to conserve the Wanui Wetland, an important international habitat for several endangered species of waterfowl and potential key corridor between the Mountain National Park in the North and the Wanui Wilderness Area in the South. Government decides to establish the new Wanui Wetland Park comprising of the Wetland itself and several parcels of land surrounding, namely: Mountain National Park Formally designated PA under the Protected Areas Act. Comprises of state-owned land. Situated to the North of the Wetland. Government acknowledges that the Mountain National Park has already been designated as a PA, but wishes to include and re-designate it within the borders of the new Wanui Wetland Park to ensure the broad area is administered by one management authority to promote improved, integrated and coordinated management. Managed by the National Parks Agency. Wanui Catchment Management Area (CMA) Situated between the Mountain National Park and the Wetland. Formally designated as a CMA by the Department of Water Affairs under the Catchment Management act owing to the areas importance as a catchment for Wild River and the Wanui Wetland. Vital portion of the new Wanui Wetland Park in that it will ensure the continued protected of the Wetland’s water quantity and quality. Managed by Department of Water Affairs. Small Wanui Community occupy the north-western corner of the Wanui CMA. They do not however formally hold title to the land but manage the resources in the area according to the customary laws and practices. They have lived in this area for centuries and have been granted special legal dispensation to remain there owing to their historic link to the land. Wanui River Wilderness Area Situated to the South of the Wetland. Government acknowledges that the Wanui River Wilderness Area has already been designated as a PA, but wishes to include and re-designate it within the borders of the new Wanui Wetland Park to ensure the broad area is administered by one management authority to promote improved, integrated and coordinated management. Managed by Wanui Nature, the provincial conservation agency. NatureCo’s Land NatureCo has established two small tourist lodges on the eastern bank of the Wetland. Owned by NatureCo (private company). Situated to the East of the Wetland. But for these developments, which have minimal influence on the surrounding environment, the remaining portions of the property remain in a pristine natural state. NatureCo wants to retain its ownership of the land but is prepared to have it included within the borders of the Wanui Wetland Park, on condition that it can continue to operate the two small tourist lodges. Land creates an essential buffer between the Wetland and large-scale agriculture to the East. DevCo’s Land DevCo purchased the land with the intention of developing a luxury resort on the shores of the Wanui Wetland but have run out of money and realise prospects of being granted permission to undertake development near sensitive wetland not good. Owned by DevCo (private company) and land in pristine natural state. DevCo is therefore willing to sell the land for incorporation in the Wetland Park, but want to receive a market-related price for the land. The Wetland Trust (an NGO) is willing to purchase the land and enter into some relationship with the Government for ensuring its inclusion within the proposed Wetland Park. Owing to its size and value, the Government does not have the resources to purchase it. Farmer Zen’s Land Willing to sell land. Owned by Framer Zen (private individual) – a old subsistence farmer. Situated to the West of the Wetland. Land creates an essential buffer between the Wetland and large-scale peat mining operations to the West. Government has resources to purchase the small farm. Peat Community’s Land Owned by Peat Community. Land largely untouched but for: Community do not want to sell land. Have for centuries manage the resources in the area according to their customary laws and practices. Small community settlement in the north-western corner. Government have undertaken an assessment and concluded that these peat pits can be easily rehabilitated. Community extract peat for their own use and sell to the Wanui Community. Small peat extraction pits along the western shoreline of the Wetland. Peat Community wiling to stop to desist their extraction of peat if: Compensated in some manner for their loss of income. Provided with a free formal supply of electricity; and Peat Community willing to have their land incorporated within the borders of the proposed Park on condition that they secure some form of financial benefit (possibly a rental) for doing so. Indicate to the Learners that they will be required to answer a series of questions about the Case Study in their group.

The Task … Question 1 What core domestic issues should be scoped in the pre- establishment process that could influence the form, nature and process leading to the establishment of the PA? What is the impact/role of PA law on each of these issues? Discuss these generically and not in the context of the case study. Hint - The following three issues were canvassed in the Seminar Presentation Tenure/Legal Status Relevant Planning Frameworks Stakeholders NOTES FOR EDUCATOR Introduce the first question. The Hint is provided to give them a starting point. Highlight that the following three main issues were canvassed in the Seminar Presentation. Tenure/Legal Status: Who owns, holds rights or exercises authority over the land/sea to be included in the PA? What is the basis or form of this tenure? What Relevant Plans should inform the establishment of the PA? What Stakeholders have an interest in the establishment of the PA? These stakeholders can vary significantly. Key stakeholders include: Landowners whose land will be incorporated in the PA. Persons who hold rights (of access or use) in respect of the land/sea to be included in the PA. Other interested and affected parties.

The Task… Question 2 Question 3 What different parcels of land are to be included in the PA? What are the distinct ownership/land use arrangements characterising each? Who owns/controls the land? What is their attitude to it being incorporated in the new Park? What activities are currently undertaken on the land? Of what importance is the land to the new Park? Question 3 Who are relevant stakeholders that should be consulted over the establishment of the PA and why? NOTES FOR EDUCATOR Introduce the second and third questions.

The Task Question 4 What legal tool/s could be used to incorporate the different parcels of land into the new PA detailing: Which would be most useful/relevant tool/s for each parcel of land? Why would it be most useful/relevant? Hint - Possible legal tools include the following: State Purchase Conservation Easement/Servitude State Expropriation Land Trust Donation De-proclamation Lease Proclamation Conservation Agreement Boundary Amendment NOTES FOR EDUCATOR Introduce the fourth question. The Hint is provided to give them a starting point. Remind Learners that a combination of legal tools may be necessary to include each different parcel of land within the new Park. Remind Learners that while the Government acknowledges that certain of the parcels of land have been previously formally proclaimed as different types of protected areas under the Protected Areas Act, it wishes to include and re-designate these within the borders of the new Wanui Wetland Park to ensure the broad area is administered by one management authority and so as to promote improved, uniform, integrated and coordinated management.

Last Few Things A Challenging Task Remembering the Purpose No Correct Answer Presentation Scribe & Spokesperson 15 Minutes NOTES FOR EDUCATOR Highlight the following final aspects before the Learners start the Task. A Challenging Task Acknowledge that it is a complex fictional factual scenario but emphasise that establishing a protected area is often as complex in reality. Encourage Learners to tackle it nonetheless as one only learns through tackling difficult situations with perseverance! Remembering the Purpose Acknowledging this difficulty, encourage the groups to tackle the Exercise as best they can with a view to: Developing their ability to identify: Relevant stakeholders in the context of establishing a PA. Different ownership and land-use realities impacting on the establishment of a PA. Core issues that should be scoped in the process leading to the establishment of a PA and the role/influence of PA law on these issues. Increasing their knowledge of the different legal tools that could be used to incorporate different parcels of land within PAs. No Correct Answer Highlight that there is no one correct answer and that the purpose of the Exercise is to think practically and creatively about the Case Study and apply what the Learners have learnt about Planning for and the Establishment of Protected Areas in the Seminar Presentation. Presentation Highlight that each group will be given 15 minutes to present the outcomes of their discussion to the class and in preparation for this: Each group should appoint a scribe. Each group should appoint a spokesperson. Encourage the groups to be creative in the presentation of their answers using tables, mind-maps etc – and to write large enough so that other groups can view the outcomes of their discussions when presenting them to the class.