Building Capacity on Protected Areas Law & Governance Module 6 Regulation, EIA, C&E & Financing Exercise 1 Promoting Compliance & Enforcement in Protected Areas

Background  Purpose  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)

The Case Study National Parks Act compliance & enforcement apply the law to the facts

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

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