Building Capacity on Protected Areas Law & Governance Module 6 Exercise 1 Promoting Compliance & Enforcement in Protected Areas Picture: Zebras and Wildebeest in Ngorongoro Crater, Tanzania, taken 18 August 2006 / Wikimedia Commons / CC-BY-2.0. Regulation, EIA, C&E & Financing

Background Purpose Structure Provide Learners with an opportunity to apply their knowledge in a practical situation. Create an understanding of the array of legal compliance and enforcement mechanisms contained in PA laws. Build an appreciation of the respective strengths and weaknesses of these mechanisms. Improve Learners’ capabilities to develop compliance and enforcement strategies tailored to a particular event/context. Structure Introduction to Exercise (20 minutes) Small Group Work (60 minutes) Small Group Presentations (40 minutes) NOTES FOR EDUCATOR Briefly explain the Purpose of the Exercise. Briefly explain the Structure of the Exercise.

compliance & enforcement apply the law to the facts The Case Study National Parks Act compliance & enforcement apply the law to the facts NOTES FOR EDUCATOR Introduce the Case Study to the Learners as it appears in Annexure A. Indicate to the Learners that they have been given a copy of the relevant chapter of the National Parks Act (dealing with compliance and enforcement). Indicate to Learners that in this Exercise they will need to apply the law to the relevant provisions of the National Parks Act to the facts of the Case Study.

The Task Identify the offences and offenders Identify relevant compliance measures Identify relevant enforcement measures In respect of these measures: Consider what issues/factors trigger their application Reflect on the advantages and disadvantages of the measure Note what procedures (if any) must precede their use Prepare a compliance and enforcement strategy for: Bringing a halt to the illegal activities Criminally prosecuting the offenders Where applicable, rehabilitating the damaged environment and holding those responsible for such damage civilly liable NOTES FOR EDUCATOR Indicate to Learners that in their groups they must specifically: Read through the Case Study again. Read carefully through the extracts from the National Parks Act. Undertake the following tasks: Identify the relevant offences (and the elements of each - those issues which need to be proven to establish that an offence has been committed). Identify the persons who have committed these offences (remembering that provision may be made in the law to hold not only the person that has committed the offence liable, but also their employers and directors of the company). Identify the available compliance measures contained in the National Parks Act relevant to each of the above offences and perpetrators. Identify the available enforcement measures contained in the National Parks Act relevant to each of the above offences and perpetrators. In relation to each of the above compliance and enforcement measures: Consider what issues/factors trigger their application. Reflect on the advantages and disadvantages of the measure. Note what procedures (if any) must precede their use. Prepare a compliance and enforcement strategy for: Bringing a halt to the illegal activities. Criminally prosecuting the offenders. Where applicable, rehabilitating the damaged environment and holding those responsible for such damage civilly liable.

Last Few Things Diversity of Compliance & Enforcement Mechanisms Elements of Offences & Sanctions One Act - Many Offences A Diversity of Sanctions Severity of Offences Nature/Circumstances of the Offender Vicarious, Director & Corporate Liability Limitations on Criminal Liability Onus of Proof NOTES FOR EDUCATOR Emphasise that the case study and the fictional law have specifically been drafted to pick up on the following main issues canvassed in the Seminar Presentation relating to Compliance and Enforcement. Tell Learners to specifically remember the following when completing the Exercise: Diversity of Compliance and Enforcement Mechanisms One law may contain several different mechanisms for promoting compliance and enforcement. These can be administrative, criminal and civil in nature: Administrative measures (used by administrators) include the issuing of directives. Criminal mechanisms (imposed by courts) include the imposition of fines and imprisonment. Civil mechanisms (similarly imposed by the courts) include interdicts/injunctions/other court orders. Elements of Offences and Sanctions Offences often have a series of components/elements which need to be proven in order to find a person guilty. Sanctions often have an array of elements which need to be satisfied for them to be applicable to an offender. One Act - Many Offences One act/activity may amount to several offences under a law. Each offence needs to be proven separately. Each offence attracts a separate sanction. A Diversity of Sanctions One law may contain several possible criminal sanctions. These sanctions can include: Fines. Imprisonment. Rehabilitation orders. Compensation orders. Forfeiture. Costs of prosecution. Severity of Offences Offences often differ in severity and penalties may need to be tailored to cater for these differences.   Nature/Circumstances of the Offenders The nature/circumstances of offenders differ. Penalties may need to be tailored to cater for these differences. Vicarious, Director and Corporate Liability While one person my actually commit the offence, several other people may be held criminally liable for that offence through vicarious, director and corporate liability provisions. Limitations on Criminal Liability Laws can include provisions which limit the criminal liability of state institutions and actors. Onus of Proof The onus of proof generally lies on the state but on occasions presumptions are used to shift the evidential burden.