1. Building Capacity on Protected Areas Law & Governance
Module 5
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © Kim Visser
NOTES FOR EDUCATOR
Provide brief context to the Module.
Fifth Module in IUCN Course on Building Capacity on PA Law and Governance.
Most PA laws contain detailed provisions regulating the management of a PA, including:
Designating a management authority/ies for the PA.
Enabling the sharing of management functions, powers and responsibilities between different management authorities where relevant.
Providing for the preparation, approval and implementation of a management plan for the PA.
Enabling zoning with a PA to provide for differing management objectives and levels of regulation with a particular PA.
Facilitating buffers around and connectivity within and between different PAs.
A thorough knowledge of the above types of provisions is essential to anyone tasked with understanding, implementing, reviewing or drafting PA laws.
This Module provides Learners with a broad overview of these important management provisions.
Management

2. Building Capacity on Protected Areas Law & Governance
PA laws should create effective & accountable
management authorities.
PA laws may enable the sharing of functions, powers and responsibilities between management authorities.
PA laws should prescribe a clear management planning regime.
PA laws may enable different management approaches and levels of regulation within one site through zoning.
PA laws should promote buffers and connectivity.
NOTES FOR EDUCATOR
Highlight the above five key issues which are dealt with in detail in the Module.
Management

3. Overview of the Seminar
Management Authorities
Co-Management
Management Planning
Zoning
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © Kim Visser
NOTES FOR EDUCATOR
This Seminar Presentation seeks to canvas the following 5 main substantive legal areas:
Management Authorities
Qualification.
Designation.
Functions, powers and duties.
Reporting and accountability.
Mandate termination.
Co-Management
Form/nature.
General legal considerations.
Definition.
Authority.
Written agreements.
Consistency.
PA status.
Special legal considerations relating to voluntary conserved areas.
Capacity-building and support.
Flexibility.
Clarity.
Free prior informed consent.
Customary and traditional rights.
Management Planning
Content.
Approval process.
Monitoring and reporting on implementation.
Zoning
Power to designate.
Legal consequences of designation.
Buffers & Connectivity Conservation
Nature and role of buffers.
Nature and role of connectivity conservation.
Special legal considerations relating to buffers and connectivity conservation.
Buffers & Connectivity

4. Objectives Clarify who can be appointed as management authorities, the
appointment process and their functions, powers and duties.
Distil the different management options ranging from
single management to co-management.
Explain the form, nature, approval process and legal
mechanisms for implementing management plans for PAs.
Describe the different legal mechanisms aimed at promoting
management monitoring and reporting within a PA.
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © EcoPrint
NOTES FOR EDUCATOR
Highlight that aim of this Module is for Learners to explore the amazing rock formations of the area and find the perfect large round boulder!
Then run through the specific Objectives of the Module as they appear on the slide - one at a time.
Examine the legal mechanisms governing zoning, buffers and
connectivity within and adjacent to PAs.

5. Outcomes
Clarity on the legal process for selecting, appointing and prescribing
the functions, powers and duties of management authorities.
Awareness of the different management options ranging from
single management to co-management.
Understanding of the form, nature, approval process and legal
mechanisms for implementing management plans for PAs.
Awareness of different legal mechanisms aimed at promoting
management monitoring and reporting within a PA.
Picture: Uigaran, Erongo Region, Namibia, taken 28 June 2008 / Wikimedia Commons / CC-BY-SA-3.0.
NOTES FOR EDUCATOR
Highlight that having completed the Module, Learners should hopefully have found the almost perfect round boulder!
Then run through the specific Outcomes of the Module as they appear on the slide - one at a time.
Knowledge of legal mechanisms governing zoning,
and buffers and connectivity within and adjacent to PAs.

6. Management & the Law… who are the relevant management authorities?
who has appointed them?
what is the nature of the management authority?
is there a management plan for the PA?
NOTES FOR EDUCATOR
Initiate the discussion on the issue of management by introducing the following case study in order to highlight key management issues which will need to be regulated by a PA law.
Case Study - Preliminary Instruction
Advise Learners to specifically think about and note the following issues as you proceed to introduce the case study to them, which you will work through having introduced the whole case study:
Who are the relevant management authorities and what is the source of their mandate?
Who has formally appointed them?
What is the nature of the management authority (government authority, non-government authority or co-management authority)?
Has a management plan been formally developed and approved for the PA and if so by whom.
Have any zones been created in the PA.
Ask them when thinking through the above issues, what provisions would the Learners expect to find in a PA law to regulate these management authorities and the manner in which they manage the PAs referred to in the case study.
are any zones created in the PA?

7. Management & the Law… NOTES FOR EDUCATOR
Having indicated to Learners what they should look out for as you work through the case study – then introduce the Case Study narrative.
Case Study - Narrative
Briefly introduce the Case Study to the Learners.
The Case Study concerns the area surrounding the Muddy River.
The Muddy River Estuary has been declared a Ramsar Site.
These two countries are party to both the Convention on Biological Diversity and the Convention on Wetlands of International Importance Especially as Waterfowl Habitat.
The Muddy River constitutes the border between the Nzuri Republic (to the North) and the Zintle Republic (to the South).
There are a diverse array of PAs situated within both countries which will be included within the borders of the TNTCA and these are set out below which have different management regimes governing them.
The relevant authorities in Nzuri Republic and the Zintle Republic wish to establish the Two Nations Transfrontier Conservation Area (TNTCA) in order to aid in the conservation of the Muddy River and the land of high biological value situated adjacent to it.
The Nzuri Component
Nzara National Park
In terms of Nzuri’s Constitution, all state-owned land falls under the administration of the Minister of Public Works and his Department of Public Works.
The land falling within the Nzuri Component of the proposed TNTCA comprises of state-owned land.
Shortly thereafter, the Department of Environmental Affairs, operating under authority assigned to it by the Minister of Environmental Affairs, appointed the National Parks Agency (NPA) as the management authority for the Nzara National Park.
The land was officially proclaimed as the Nzara National Park by the Minister of Environmental Affairs in 2005, acting under the powers accorded to her in terms of the National Parks Act.
Prior to the establishment of the Nzara National Park, the western area was inhabited by the Westyo community.
The NPA has developed a comprehensive management plan for the Nzara National Park which has been approved by the Department of Environmental Affairs.
The NPA is a statutory authority tasked with managing all of Nzuri’s national parks, with its composition, powers and functions being regulated under the National Parks Act.
An agreement was simultaneously concluded between the Minister of Environmental Affairs, Minister of Public Works, the local municipality and the Westyo community in terms of which the latter were guaranteed access to the Nzara National Park to harvest firewood and building materials, most notably natural grasses for thatching within the community use zone specifically designated in the management plan for the Nzara National Park.
They were relocated and granted legal title to previous state-owned land situated just outside the western-borders of the national park - now called the Westyo Community Area.
The Westyo community reside in the Westyo Community Area but sustainably manage their use of its natural resources in the interests of preserving them for future generations through their customary norms and practices.
The agreement also guaranteed the provision of basic health care, water, sanitation and educational services to the Westyo community by the local municipality.
At the time the Nzara National Park was established, SandCo was undertaking small-scale sand mining on its eastern coast in terms a twenty-year mining permit granted to it in 1995 by the Minister of Minerals, acting under the Mining Act.
The Westyo Community Area acts as an important buffer for the Nzara National Park.
The relevant Ministers agreed to allow SandCo to continue with its mining operations in the Nzara National Park until the expiry of its permit, but imposed a series of stringent conditions to mitigate potential adverse impacts associated with this activity.
These mining activities can only continue in the mining zone - which is designated in the management plan for the Nzara National Park.
The Zintle Component
Mudland Wilderness Area
The governance arrangements in relation to the land falling within the Zintle Component of the proposed TNTCA are even more complex.
The MWA is managed by the Mudland Wilderness Authority, a provincial conservation agency mandated to manage all of the Province’s nature reserves in terms of the Protected Areas Act.
It comprises of state-owned-land which falls under the trusteeship of the President in terms of the Land Act.
Just south of the Muddy River lies the Mudland Wilderness Area (MWA), formally proclaimed by the Minister of Nature in terms of the Protected Area Act.
Mudland Trust Private Nature Reserve
This area effectively constitutes the core area of the broader TNTCA and according to the MWA’s management plan (approved by the Minister in terms of the Protected Areas Act) activities within it are highly restricted.
As its name suggests, the land here is privately-owned by the Mudland Trust (regulated under the Trust Act), an NGO which purchased the land several years ago with a view to conserving it in perpetuity.
To the west of MWA lies the Mudland Trust Private Nature Reserve (MTPNR) officially proclaimed as such by the Minister of Nature in terms of the Protected Area Act.
The fence between the MWA and the MTPNR has been removed and the broader area is managed as an open system by the Mudland Trust Co-Management Authority (constituted and designated under the Protected Areas Act by the Minister of Nature) comprising of equal representation from the Mudland Trust and the Mudland Wilderness Authority.
In order to do so, the Mudland Trust concluded a conservation servitude in favour of the Mudland Wilderness Authority, the terms of which are recorded against the title deeds of the property falling within the MTPNR.
The management plan for the MWA extends to cover the MTPNR.
In order to finance their contribution towards the costs associated with managing the MTPNR, the Mudland Trust were granted special dispensation by the Minister of Nature to build two exclusive tourist lodges in the MTPNR.
The Mudland Trust Co-Management Authority operates very effectively due to equality in the capacity and resources of its members.
Mudland Community Conserved Area
These tourist lodges are operated by way of concessions granted to two private companies, namely LuxuryCo and HolidayCo.
Originally comprising part of the MWA, it was subject to a land claim lodged by the Mudland Community in 2000 in terms of the Land Act.
To the south of the MWA lies the Mudland Community Conserved Area (MCCA) which has been formally recognised by the Minister of Nature under the Protected Areas Act.
The Mudland Community’s land claim was successful and in terms of the land claim settlement agreement (concluded between the community, Minister of Land Affairs, Minister of Nature, and the Mudland Wilderness Authority under the Land Act), the community was granted title to the land, which they hold in a legally recognised communal property institution.
The Land Act was introduced by Zintle’s first democratically elected Government in 1995 with a view to remedying the historically unlawful dispossession of certain communities’ land under previous dictatorial regimes.
Several conditions were however included in the agreement, most notably that:
The community receive a monthly rental from Government in lieu of the forgone access/use rights.
The community forgo all rights to reside on and/or access the land and resources situated in the community conserved area.
The land should be simultaneously leased back to the Mudland Wilderness Authority to hold in the interests of conservation.
The community and the Mudland Wilderness Authority co-manage the area through the formation of the Mudland Community Co-Management Authority (comprising of equal representation from the community and the Mudland Wilderness Authority) whose functions, powers and duties are to regulated by the Protected Areas Act.
The land be formally recognised by the Minister of Nature as a Community Conserved Area provided for under the Protected Areas Act.
These conditions have all been fulfilled.
A co-management agreement be concluded between the relevant parties to regulate their relationship - as provided for the in Protected Areas Act.
The Management authority in the MCCA accordingly de facto lies with the MWA which has unilaterally developed and implemented a management plan for the MCCA - which was approved by the Minister of Nature in terms of the Protected Areas Act.
Although formally established, the community however play very little role in the Mudland Community Co-Management Authority owing to limited resources.
The co-management agreement has been concluded and the Mudland Community Co-Management Authority has been formally designated by the Minister of Nature.
Mudland Marine Protected Area
To the east of the MWA lies the Mudland Marine Protected Area (MMPA) declared by the Minister of Fisheries under the Marine and Coastal Resources Act.
In terms of the Act, the management of the MMPA falls to the Department of Fisheries, but this function has been assigned to the Mudland Wilderness Authority by the Department in the interests of ensuring seamless management of the terrestrial and marine protected areas.
The ambit of the management plan of the Mudland Wilderness Area extends to govern the management of the MMPA.

8. Management & the Law… Westyo Community National Parks Agency
who appoints?
source of mandate?
who appoints?
source of mandate?
nature of authority?
management plan?
nature of authority?
management plan?
zones?
Mudland Trust Co-Mgt Authority
who appoints?
source of mandate?
Mudland Wilderness Authority
nature of authority?
management plan?
who appoints?
source of mandate?
nature of authority?
management plan?
NOTES FOR EDUCATOR
Case Study - Discussion
Spend 5-10 minutes eliciting responses from the Learners on the issues posed at the outset.
Then briefly consolidate the discussion of the issues in respect of the different PAs mentioned in the case study.
Nzara National Park:
Management authority - National Parks Agency.
Appointed by - Department of Environmental Affairs in terms of National Parks Act.
Nature of management authority - Statutory government authority regulated by National Parks Act.
Source/nature of mandate - National Parks Act.
Management plan - approved by Department of Environmental Affairs under National Parks Act.
Zones - designation of both a mining zone and a community use zone.
Westyo Community Area:
Management authority - de facto is Westyo Community.
Appointed by - not formally designated.
Nature of management authority - Community authority regulated in terms of customary norms and practices.
Source/nature of mandate - customary law.
Management plan - none approved.
Mudland Wilderness Area:
Management authority - Mudland Wilderness Authority.
Appointed by - not formally designated by any higher authority but responsible for managing all provincial PAs in terms of Protected Areas Act.
Nature of management authority - Government authority.
Source/nature of mandate - Protected Areas Act.
Management plan - approved by Minister of Nature under Protected Areas Act.
Mudland Trust Private Nature Reserve:
Management authority - Mudland Trust Co-Management Authority.
Appointed by - designated by Minister of Nature under the Protected Areas Act.
Nature of management authority - Co-management authority (comprising of representatives from Mudland Trust and Mudland Wilderness Authority).
Management plan - approved by Minister of Nature under Protected Areas Act (remembering the the management plan adopted for the Mudland Wilderness Area extends to cover the Mudland Trust Private Nature Reserve (as the fence between the two has been dropped and they are managed as an open system).
Mudland Community Conserved Area:
Management authority - Mudland Community Co-Management Authority.
Appointed by - Minister of Nature in terms of Protected Areas Act.
Nature of management authority - Co-Management authority (comprising of representatives from Mudland Community and Mudland Wilderness Authority).
Mudland Marine Protected Area:
Appointed by - function usually falls to Department of Fisheries (designated by Minister of Fisheries) but has been assigned to Mudland Wilderness Authority under Marine and Coastal Resources Act the Protected Areas Act.
Nature of management authority - government authority.
Source/nature of mandate - Marine and Coastal Resources Act (assigned function).
Management plan - approved by Minister of Nature under Protected Areas Act (remembering the the management plan adopted for the Mudland Wilderness Area extends to cover the Mudland Marine Protected Area).
Mudland Community Co-Mgt Authority
who appoints?
source of mandate?
nature of authority?
management plan?

9. the PA law Management & the Law
who are the relevant management authorities?
who has appointed them?
what is the nature of the management authority?
the PA law
is there a management plan for the PA?
NOTES FOR EDUCATOR
Consolidate the case study by highlighting that the PA law needs to clearly regulate each of these management issues, namely:
Identification/establishment/composition of the management authority.
Prescription of the management authorities; functions, powers and duties.
Creation of legal mechanisms to facilitate/enable co-management between a range of potential management authorities.
Adoption of a management plan to guide the management of the PA, including the nature of its content and the development/approval process.
Monitoring and reporting requirements of management authorities.
Provisions for promoting zoning/buffers within the PA.
are any zones created in the PA?

10. Overview of the Seminar
Management Authorities
Co-Management
Management Planning
Zoning
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © Kim Visser
NOTES FOR EDUCATOR
Highlight that will consider the following five main issues in turn relating to the management arrangements typically regulated by a PA law, namely:
Management authorities.
Co-management.
Management planning.
Monitoring & reporting.
Buffers & connectivity.
Buffers & Connectivity

11. Management Authorities
who
appointment process
functions,powers & duties
reporting & accountability
NOTES FOR EDUCATOR
Highlight that the PA law should provide for the appointment/designation of a management authority for individual sites.
The PA law should provide that the appointment/designation of a management authority is a necessary prerequisite for the recognition of a PA as part of the formal PA system.
Where the PA system is relatively small (with a small number of individual PA sites), the Lead Agency or statutory authority/corporation may fulfill this role.
However, where the PA system is relatively large and/or complex, and in decentralised or federal forms of government, it is usually necessary to provide for the appointment/designation of dedicated management authorities for individual PA sites.
Given the tendency for PA systems to evolve and develop over time - it may be advisable to make provision for the appointment/designation of management authorities for individual PA sites in the PA law even if the PA System is relatively small at the time the PA law is drafted or introduced.
The PA law needs to regulate several issues relating to management authorities, including:
Who may be appointed/designated as the PA authority.
Appointment/designation process.
Functions, powers & responsibilities.
Reporting & accountability requirements.
Mandate termination.
mandate termination

12. Management Authorities…
who
influential factors
form of government
size & complexity
PA governance types
capacity & resources
nature of authorities
government
non-government
NOTES FOR EDUCATOR
Proceed to address the first issue relating to management authorities - namely who can be appointed/designated as a management authority.
Influential Factors
Highlight that decisions as to who may be appointed/designated as a management authority will be influenced by several factors including:
The form of government system (federal/unitary).
The size/complexity of the PA system.
The PA governance types promoted in the PA system.
Capacity and resource realities.
Nature of Authorities
Taking the above factors into account, the PA law may provide for the appointment/designation of the following entities as management authorities for particular PA sites:
Government entity
Government department at the national, regional or local level.
Statutory authority/corporation.
Non-government entity
Local community.
Indigenous or traditional group.
NGO.
Private landowner.
Corporate entity.
department
local community
indigenous group
statutory authority
NGO
private person
statutory corporation
corporate entity

13. Management Authorities…
appointment process
power to appoint
government
lead agency
process to appoint
criteria
consultation
agreements
NOTES FOR EDUCATOR
Proceed to address the second issue relating to management authorities - namely the process through which a management authority is appointed/designated.
Power to Appoint/Designate
The power to formally appointment/designate a management authority may vest in:
The high-level policy authority within government in whom is vested overall responsibility for the national system of PAs (Minister, Ministerial Commission/Board, Head of State/Prime Minister/Parliament).
Lead Agency or statutory authority/corporation.
PA laws often create a two stage process in terms of which:
Firstly, the National PA authority identifies/designates the relevant management authority.
Secondly, the relevant Minister approves/ratifies the designation.
Reserving such a power for the high-level policy authority lends additional credibility and legitimacy to the appointment/designation with respect to other government and non-government sectors.
Appointment/Designation Process
Criteria
The PA law may prescribe a set of qualification criteria/prerequisites for an entity to be considered suitable for designation/appointment as a management authority.
These qualification criteria/prerequisites could relate to the following:
Nature of the entity.
Skills and expertise of the entity.
Capacity and resources of the entity.
Prior conduct of the entity.
Existing enterprises/activities undertaken by the entity.
Consultation
The process leading to the appointment/designation of a management authority should be preceded by consultation with relevant government authorities and other stakeholders (including local communities, indigenous peoples and private landowners).
Such consultation can:
Build public support.
Identify opportunities for local involvement and benefit sharing.
Scope opportunities for exploring the full array of governance options (including co-management and governance by indigenous peoples and local communities).
Agreements
Where the management authority is a non-state entity, the PA law should make provision for the conclusion of an agreement between the relevant government agency and the duly appointed/designated management authority to regulate the latter’s functions/powers and responsibilities.
Any such agreements should be based on free, prior-informed consent.
Formal designation
The PA law should make provision for the formal designation of the management authority by way of regulation, the publication of a notice in the relevant government gazette or through some other formal notification procedure.
The PA law may provide for the designation to be accompanied by certain conditions applicable to the management of the particular site.
Co-management
Where it is anticipated to provide for the sharing of management functions, powers and responsibilities between one/more management authorities, the PA law should prescribe the form, nature and process for creating and regulating such co-management relations.
These are discussed further on slides below.
formal designation
co-management

14. Management Authorities…
powers & duties
purpose
mandate
accountability
types
prepare management plan
manage site
NOTES FOR EDUCATOR
Proceed to address the third issue relating to management authorities - namely the functions, powers and duties accorded to the management authority.
Purpose
The PA law should clearly set out the functions, powers and duties which can be allocated to/exercised by the designated/appointed management authority as:
Mandate - They set out the mandate of the management authority.
Accountability - Provide a base against which to hold the management authority accountable.
Types
The types of functions, powers and responsibilities commonly allocated to a management authority include:
Prepare, implement and regularly update the management plan for the site.
Manage the site consistent with the management plan.
Deal with emergencies.
Enter into commercial transactions for the care, supervision, maintenance and protection of the PA, as appropriate, and for specific services and concessions.
Employ agents and staff.
Prepare regular reports for the government and the public, including ‘state of the protected areas’ reports.
Prepare and maintain budgets and best practice accounting systems, and prepare annual financial reports for the system or site, as appropriate.
enter transactions
employ staff
prepare reports

15. Management Authorities
reporting & accountability
nature
timing
to whom
mandate termination
grounds
NOTES FOR EDUCATOR
Proceed to address the fourth and fifth issues relating to management authorities - namely:
Reporting & accountability requirements.
Mandate termination.
Reporting & Accountability
The PA law should clearly set out the reporting requirements and mechanisms for holding the management authority to account.
This commonly involves the submission of annual financial and management reports to the Lead Agency.
The PA law should set out:
Nature - The mandatory/discretionary content to be included in the report.
Timing - The timing/regularity for the submission of the report.
To whom - To whom the report should be submitted - which is usually the high policy authority who approved the appointment/designation of the management authority or the Lead PA Agency.
Mandate Termination
The PA law should provide for the termination of a management authority’s mandate where it fails to fulfill it’s functions, powers and responsibilities.
The PA law should prescribe:
Grounds - The specific grounds on which a mandate may be terminated.
Termination mandate - Who has the authority to terminate the mandate.
Process - The process which should be followed in terminating the mandate of a management authority. The PA law should clearly set out both who has the authority to terminate the mandate (which is usually the high level policy authority which appointed/designated the management authority in the first place) and the process which may include providing the existing management authority with an opportunity to be heard/remedy its non-performance/mal-performance within a specific period.
Consequence - The consequence of the mandate termination - which usually results in the appointment/designation of a new management authority for the site.
process
consequence

16. Overview of the Seminar
Management Authorities
Co-Management
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © Kim Visser
NOTES FOR EDUCATOR
Return to the Seminar Outline.
Highlight that Learners should now hopefully have an understanding of the manner in which a PA law should provide for the appointment of management authorities.
Mention that will now turn to consider the issue of co-management.

17. voluntary conserved areas
Co-Management…
“co-management”
general legal issues
voluntary conserved areas
NOTES FOR EDUCATOR
Co-management provisions are commonly included in PA laws where it is anticipated to provide for the sharing of functions, powers and responsibilities between one/more PA authorities.
The PA law needs to regulate several issues relating to co-management arrangements, including:
What constitutes “co-management”.
General legal issues applicable to such co-management arrangements.
Special legal issues applicable to voluntary conserved areas.

18. collaborative management ownership/resource right
Co-Management…
what is it?
the parties
governance type
shared governance
collaborative management
joint management
NOTES FOR EDUCATOR
Proceed to address the first issue relating to co-management - namely what is it/what form of co-management is advocated/to be advocated by the PA law.
The Parties
Traditionally, co-management has referred to collaboration between different government institutions in the context of PA.
With the move to recognise diverse PA governance typologies (particularly shared governance, private governance and governance by indigenous people and local communities), co-management has increasingly moved to refer to collaboration between government institutions and non-government entities, including:
Local communities.
Indigenous and traditional peoples.
NGOs.
Private individuals.
Corporate entities.
Governance Type
Co-management falls under shared governance within the PA Governance Typology advocated by the IUCN PA Management Guidelines.
Shared Governance arrangements are still often referred to as co-management, collaborative management, joint management, or multi-stakeholder management.
Collaborative Management - is one form of shared governance in which decision-making authority and responsibility rest with one agency but the agency is required, by law or policy, to inform or consult other rights-holders and stakeholders, at the time of planning or implementing initiatives. For instance, participation may be secured by assigning to multi-party bodies the responsibility to develop technical proposals for PA regulations, which are then submitted to a decision-making authority for validation and approval. In such situations, the advisory body that develops the technical proposal has considerable influence on decisions.
Joint Management - in proper “shared governance” situations (sometimes referred to as joint governance or joint management), the representatives of various interests or constituencies sit on a governance body with decision-making authority and responsibility, and take decisions together.
Land Ownership
These co-management relations can relate to:
State-owned or state-controlled land.
Community/privately-owned or community/privately-controlled land.
These co-management arrangements with non-government entities in respect of community/privately-owned or community/privately-controlled land provide a significant opportunity to expand the coverage and effectiveness of national PA systems and the attainment of global biodiversity and PA goals and targets.
ownership/resource right

19. Co-Management… general legal issues THE AGREEMENT TERMS Parties Area
Conservation Objectives
Management Plan
Rights & Obligations
Use Rights
Sharing of Costs & Benefits
Performance Indicators
Reporting Requirements
Breach
Dispute Resolution
Duration
definition
authority
written agreements
consistency
NOTES FOR EDUCATOR
Proceed to address the second issue relating to co-management - namely the general legal issues which need to be dealt with in a PA law providing for “co-management” arrangements.
Definition
The PA law should clearly identify what is envisaged by “co-management” - specifically:
Between which entities (between government entities and/or between government entities and non-government entities).
What governance types (collaborative management or joint management).
What forms of land tenure (state-owned land, privately-owned land, or both).
There is no agreed international definition of co-management, but the PA law/legal drafter may refer to the IUCN definition of a “co-managed protected area”.
“Co-managed protected areas” are defined as “protected areas where management authority, responsibility and accountability are shared among two or more stakeholders, including government bodies and agencies at various levels, indigenous and local communities, NGOs and private operators, or even among different state governments as in the case of transboundary protected areas”.
Authority
Co-management arrangements are generally regulated by a written agreement concluded between the relevant government PA authority and another.
The PA law should therefore accord the relevant government PA authority (which would generally be the relevant Minister, lead PA authority or statutory PA authority/corporation) the authority to conclude such agreements.
The PA law should also provide clarity as to:
With whom such co-management agreements can be concluded (such as those parties listed above).
The form & nature of such agreements.
The process for concluding such agreements.
The process for formally approving such agreements.
Written Agreements
The co-management relationship will be regulated by the terms of the co-management agreement.
The PA law should set out the mandatory and discretionary content for such agreements, which could include:
Parties to the agreement (legal identity).
Legal description of the area.
Conservation objectives of the area.
Provisions for the preparation of a management plan.
Rights and obligations of each party with respect to the area’s governance and management.
Specifications about the use of buildings, equipment or other property provided as part of the agreement.
Estimate of reasonable costs associated with implementation of the management plan, and who will pay.
Well-defined benefits and incentives to flow from the agreement, and a benefit-sharing plan that is fair and equitable.
Financial and other reporting requirements.
Indicators for measuring performance effectiveness on the ground.
Process to remedy breach of the agreement.
Dispute resolution and arbitration.
Duration of the agreement.
The PA law should include provisions to ensure that the co-management agreement is concluded in an equitable, open and transparent manner such as including provision for public participation and comment.
The PA law should prescribe that the co-management agreement should be reduced to writing.
Consistency
The PA law should provide that the terms of any co-management agreement should be consistent with the objectives and principles of the PA law.
PA Status
The PA law should clearly prescribe that a prerequisite for any co-managed area to be recognised as part of the formal PA system is that the site should satisfy the statutory definition of a PA.
PA status

20. Co-Management voluntary conserved areas capacity-building & support
flexibility
clarity
free prior informed consent
NOTES FOR EDUCATOR
Proceed to address the third issue relating to co-management - namely the specific legal issues which need to be dealt with in a PA law providing for “co-management” arrangements in the context of voluntary conserved areas.
Capacity-Building & Support
Implementation of co-management agreements with local communities, indigenous and traditional peoples, and private landowners may require technical support and capacity building.
These elements may need to be part of the preparatory phase of co-management, and should be offered by government authorities without imposing undue conditions upon the powers and authority of the local groups or individuals involved.
Flexibility
In some cases, co-management arrangements involving local communities, indigenous and traditional peoples, or private landowners could be a stepping stone to sole management.
Similarly, institutional arrangements that begin as sole management may later be converted to co-management due to changed circumstances.
The PA law should enable such agreements to have the necessary flexibility to accommodate these changes.
Clarity
Rights and responsibilities laid out in a co-management agreement should be identified in a manner and form understandable to the participating landowners or rights-holders.
Rights and responsibilities with respect to a voluntarily conserved area should be tied to compliance with a management plan appropriate for the particular PA governance type.
Free Prior Informed Consent
Agreements executed by representatives on behalf of indigenous and local communities should be based on the free, prior informed consent of the community members involved.
The PA law should therefore make provision for securing the free prior informed consent of relevant community members.
Customary & Traditional Rights
Where customary or traditional rights may be unclear, an important element of negotiations will be to clarify and firmly establish, where needed, the legal basis for land and resource use rights, and to regularize those rights by recognition in the agreement and in government legal records.
If this does not occur, indigenous and local communities are likely to face difficulties implementing co-management arrangements as they attempt to carry out management actions and enforcement, especially when trying to enforce rules against outsiders and other government sectors.
customary rights

21. Overview of the Seminar
Management Authorities
Co-Management
Management Planning
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © Kim Visser
NOTES FOR EDUCATOR
Return to the Seminar Outline.
Highlight that Learners should now hopefully have an understanding of the manner in which a PA law should provide for co-management.
Mention that will now turn to consider the the issues of management planning.

22. management principles
Management Planning
“PA planning”
management principles
management planning
what is it?
NOTES FOR EDUCATOR
Picture - Example from Australia - Booderee National Park - with the map depicting boundaries, zones and key areas in the Park.
Highlight that the PA law should provide for the preparation, approval and implementation of a management plan for each individual PA.
Confirm that in this section of the Seminar Presentation, the following three main issues will be considered:
PA Planning - What is meant by “management planning” in this context?
Management Principles - What management principles should underlie management planning?
Management Planning:
What is the form, nature and content of a management plan?
What procedure should be followed in preparing and approving a management plan?
How should a management plan be implemented in practice?
Reinforce that each of the above aspects should be prescribed/regulated in the PA law.
approval process
implementation

23. Protected Area Planning
two different dimensions
planning
for establishing
a PA
types of
PA plans
NOTES FOR EDUCATOR
Proceed to address the first issue relating to management planning - namely what form of “planning” is one referring to here?
Start by asking Learners what they understand by “planning” in the context of PAs.
Having elicited responses from the Learners then highlight that can talk of planning for PAs in two broad dimensions:
Planning for establishing a PA.
Different forms of tangible PA plans.
Confirm that here you are dealing with the left-hand context – a PA plan adopted to inform the management of a PA.

24. Protected Area Planning…
what types of PA plans exist?
system plans
management plans
NOTES FOR EDUCATOR
Ask Learners what types of tangible PA plans they have come across - which guide decisions relating to the establishment and management of PAs.
Having elicited responses from the Learners, highlight the following two general types of plans:
System Plans
Basic principle is that important to think of individual PA as part of an overall PA system.
Need for broad PA system planning to be done to identify location of current PAs and future PAs (to be established for instance in areas identified as being of high conservation value but under-represented in PA system).
Picture - Example from Canada (Map of Canada’s Ecological corridors and situation of current and potential future PAs).
Management Plans
Basic principle that need to have a management plan designated for each PA to guide its management.
Picture - Example from Australia - Booderee National Park (Map depicting boundaries, zones and key areas in the Park).
Then indicate to Learners that here you will be dealing with Management Plans (and that System Plans are dealt with in Module 4 (Planning, Types & Establishment)).

25. Management Principles
ecosystem approach
precautionary approach
connectivity
reflect in management
planning regime
planning
management by conservation objectives
NOTES FOR EDUCATOR
Highlight that the international conservation community recognises a number of management principles/approaches as best practice which ought to be reflected in PA legislation.
These management principles (which are comprehensively canvassed in Module 1 (Introduction to the Course, Law and PAs) include the following:
Ecosystem approach.
Precautionary approach.
Connectivity.
Planning.
Management by Conservation Objectives.
Managing for Particular Threats.
Confirm that these management principles should similarly inform the content of the management plan for a particular PA site.
managing for particular threats

26. monitoring & reporting voluntary-conserved areas
Management Planning…
form/nature
content
approval process
monitoring & reporting
NOTES FOR EDUCATOR
A PA law should provide for the preparation, approval and implementation of a management plan for each individual PA site.
The PA law needs to regulate several issues relating to management plans, including the:
Form/nature of a management plan.
Content to be included in a management plan.
Procedure for developing and approving a management plan.
Mechanisms for monitoring and reporting on the implementation of the management plan.
Special legal considerations for voluntary conserved areas.
voluntary-conserved areas

27. group/cluster of sites promotes accountability
Management Planning…
form/nature
scope
single site
group/cluster of sites
purpose
guides mandate
promotes accountability
NOTES FOR EDUCATOR
Start by discussing the form/nature of management planning, specifically the:
Scope of the management plan.
Purpose of the management plan.
Duration of the management plan.
Legal status of the management plan.
Scope
The PA law should require that a site management plan is prepared for:
Single Site - each individual PA site.
Group/Cluster - of contiguous or related PA sites (for example a large multi-zoned area such as a biosphere reserve, or interconnected series of PAs such as a corridor initiative).
The nature and ambit of the management plan should be in keeping with the scale and scope of the PA.
Purpose
A site management plan for a PA is a written scheme that:
Guides Mandate - guides and gives authority to the management authority in its day to day operations and informs decisions about prohibited and permitted activities within the PA.
Promotes Accountability - when it identifies specific science-based indicators that can be used to monitor and measure progress towards the attainment of the management objectives for the PA.
Duration
A management plan generally has a working life of 5,7 or 10 years.
The PA law should prescribe the period of validity of any management plan.
The PA law should also prescribe a process for reviewing or updating the management plan - which process should equate to that followed in preparing a new management plan.
Legal Status
The PA law should clearly prescribe the legal status of the management plan.
The PA law should prescribe that all functions, powers and duties of the management authority should be exercised in accordance with the management plan.
Giving the plan sufficient legal status:
Ensures that the management authority for the PA is compelled to act in accordance with it.
(Hopefully) ensures that other sectors and levels of government are informed, respect and tailor any activities they regulate which may impact detrimentally on the PA in accordance with the content of the management plan.
duration
legal status

28. conservation objectives prohibited activities
Management Planning…
content
management authority
buffers/corridors
boundaries
protected structures
conservation objectives
prohibited activities
biographical context
permitted activities
socio-eco context
scientific research
threats
resources/capacity
NOTES FOR EDUCATOR
Proceed to discuss the content typically found in a management plan.
General Issues
The PA law should prescribe the content to be included in a management plan.
The PA law may make a distinction between the inclusion of compulsory content and discretionary content.
The specific content may vary depending on the nature of the PA, relevant conservation and other objectives, land tenure issues, governance arrangements and capacity issues.
The PA law needs to build in an element of flexibility into the management plan to allow for:
Normal adjustments in daily operations.
Adaptive management for climate change and other global factors.
Addressing new threats.
The PA law should ensure that management objectives contained in a management plan are specific enough to enable monitoring, and to evaluate management for adaptive purposes and accountability.
Where the PA is large and multi-purpose, the PA law may enable the management plan to be divided into programmes and action plans, each addressing specific function (such as conservation, sustainable use, recreation, scientific etc).
The management plan is normally supported by other plans, such as:
Financial Plans.
Business Plans.
Operational Plans.
The feasibility of implementing the management plan should be kept in mind when formulating it - as simply creating a unattainable wish list will not necessarily promote management within the PA.
Specific Possible Content of a Management Plan
The entity or entities responsible for implementing the plan.
The area’s outer boundaries, as identified in the legal instrument establishing the area and recorded in official government land records and on official survey maps.
Priority conservation values and objectives of the site, and its role as part of the national PAs system, including biodiversity conservation, maintenance and restoration of ecosystems, ecological processes, geophysical features, and populations of endangered, threatened or vulnerable species and their habitat.
The bio-geographical context and the relationship of the area, including connectivity, with the broader landscape or seascape.
Socio-economic features of the area, including the presence of resident populations, or indigenous or traditional peoples, and sustainable use practices (particularly if the area is classified as equivalent to IUCN Management Category V).
The main existing and potential threats to the site, including from IAS, and key management actions needed to prevent, control, reduce or eliminate the threats.
An assessment, using the best available science, to identify any parts of the site that may be particularly vulnerable to climate change, and measures that may help build resilience and allow adaptation to preserve the conservation objectives of the area.
Any zones into which the area is to be divided, reflecting different conservation objectives, management needs and uses, and a clear demarcation of these zones.
Identification of buffer zones and ecological corridors important to support the area.
Protection and restoration of buildings, structures and places of cultural heritage significance.
Identification of activities that are strictly prohibited throughout the site in order to prevent an adverse impact on the natural, cultural or historic features for which the area was established.
Identification of opportunities for visitor use and enjoyment.
Identification of compatible sustainable use practices and associated social and economic benefits to local communities.
Promotion and oversight of scientific research, scientific inventory and monitoring activities.
Land use, land development plans and land management practices affecting the area, adjacent to the area or in the region of potential impact of the area.
Resource and other capacity needs to implement the management plan, including training, equipment and collaborative arrangements with other entities.
Schedule of priority work to be undertaken in the area.
Criteria for evaluating management effectiveness.
vulnerable areas
priority work
management zones
management criteria

29. intergovernmental consultation
Management Planning…
approval process
preparation of draft
public participation
intergovernmental consultation
revision
formal approval
NOTES FOR EDUCATOR
Proceed to discuss the process for approving a management plan, specifically:
The preparation of the management plan
Public participation.
Intergovernmental consultation.
Revision and finalisation.
Formal approval.
Publication/notification.
Interim protection.
Preparation of Draft Management Plan
The PA law should identify who is responsible for developing the management plan for a PA, and managing the consultation and approval process.
This responsibility is ordinarily assigned to the management authority appointed/designated to manage a particular PA.
The PA law should prescribe a time frame within which the management plan should be prepared for new PAs or where a management authority is appointed/designated in respect of a site where no management plan exists.
The time frame could range from 1 year (in the case of small PAs) to 5 years (in the case of complex/large PAs requiring extensive scientific data collection and stakeholder consultation).
Public Participation
The PA law should make provision for public participation in the drafting process through, for example, mandatory notice and comment procedures, public hearings etc.
These processes should ensure meaningful public participation of all stakeholders, especially affected or concerned indigenous and traditional peoples, local communities and private landowners, as well as the public at large.
These processes should clearly prescribe the following:
The nature of the process.
Where the draft documents can be viewed.
The duration of the commenting period.
Intergovernmental Consultation
The PA law should make compulsory provision for the draft management plan to be sent to all government agencies or departments likely to be affected by the plan for comment, and prescribe the duration of the commenting period.
Revision & Finalisation
The PA law should prescribe that any comments provided through the public participation and inter-governmental consultation procedures be taken into account in revisions to the draft management plan.
Formal Approval
The PA law should make provision for the formal approval of the management plan by a high-level policy authority to ensure its legally binding nature and status.
Publication/Notification
The PA law should make provision for the formal publication of the approval of the management plan (through, for example, daily and weekly local newspapers and legal notices in the official gazettes) of approval of the plan) and the date on which it comes into effect.
Interim Protection
Until a final management plan is approved, the PA law should authorise interim protection measures, normally through an interim protection order, to give the management authority the necessary mandate to control activities and maintain the site according to its primary conservation objectives.
publication
interim protection

30. monitoring & reporting
Management Planning…
monitoring & reporting
by whom
when
about what
to whom
government
NOTES FOR EDUCATOR
Proceed to discuss monitoring and reporting requirements, specifically:
Who should monitor and report?
When should they undertake this function?
What should they monitor and report on?
To whom should they report?
What legal consequences attach to a failure to comply with monitoring and reporting requirements?
By Whom
The PA law should clearly prescribe who is responsible for monitoring the state of the PA and reporting thereon to the relevant authority.
This obligation is usually imposed on the management authority.
When
The PA law should set the timing and regularity of the monitoring and reporting requirements.
Monitoring is usual prescribed as an ongoing function with formal reporting being required on an annual basis.
About What
The PA law should clearly outline what the relevant management authority should monitor and report on.
The management authority is usually required to report on the implementation of the management plan.
The management plan should therefore contain sufficiently detailed performance criteria, objectives and timeframes against which the management authority can assess itself and have itself assessed.
The PA law may also enable the relevant high-level policy authority to prescribe universally applicable performance standards/criteria/objectives against which all individual management authorities should monitor their performance and submit annual reports.
To Whom
The PA law should prescribe to whom the report should be submitted.
Ordinarily provision is made for the submission of the report to the high-level policy authority who appointed the management authority - namely Parliament, the relevant minister or lead PA agency.
Failure to Monitor & Report
The PA law should prescribe what the legal consequences are were a management authority to fail to monitor and report on its performance relating to the management plan.
Typically, a PA law will prescribe a formal process enabling the high-level policy authority to call the management authority to account - providing them with an opportunity to comply with its monitoring and reporting obligations, a further failure triggering formal disciplinary procedures which may culminate in cancelling the mandate of the management authority and assigning it to another.
lead agency
failure

31. voluntary conserved areas
Management Planning
voluntary conserved areas
need a management plan
key content
plan preparation
public participation
NOTES FOR EDUCATOR
Proceed to discuss special legal considerations for voluntarily conserved areas, specifically relating to:
Requirement for a management plan.
Essentials of plan content.
Preparation of the plan.
Adaptive management.
Need for a Management Plan
The PA law should be clear that PAs of all governance types should have a management plan identifying the main management activities and specifying who will be responsible for implementation.
The PA law should simultaneously emphasize the need for flexibility when new governance approaches with voluntarily conserved areas are involved.
Specific management needs and the responsibilities of all parties may be defined as part of the final negotiated agreement for the site to be part of the formal PAs system.
Essentials of Plan Content
Given the potential for voluntarily conserved areas to be managed by non-government agencies, subject to co-management relations and characterised by competing land use imperatives, the PA law should clearly prescribe the essential elements to be covered in a management plan, such as:
Legal description of the area.
Identification of all parties involved, using the best means available.
Primary conservation objectives of the area and the corresponding PA management category or categories, if zoned.
Rights and responsibilities of all parties involved in the conservation and management of the area.
Other planning or special development provisions, as long as they do not conflict with the primary conservation objectives of the site, the PAs system plan or other land use plans applicable to the area.
Specific regulations determined by the parties to be necessary for controlling outside activities or guiding sustainable resource use, human settlement or other agreed activities, consistent with the primary conservation objectives of the site.
Preparation of the Plan
The PA law should indicate that issues to be negotiated between the parties should include:
The process for preparation of the required management plan.
Who will have lead responsibility and any supporting roles.
The time frame for preparation, which should be reasonable and responsive to the needs of the site.
These elements should be identified in the final conservation agreement or in supplemental documents that are part of the final agreement that recognizes the site as part of the formal PAs system.
Public Participation
The PA law should enable the relevant parties to agree on the level of public involvement and consultation with respect to preparation of the management plan.
The PA law should also enable the parties to agree on which aspects of the final approved management plan will be publicly available.
Any of the private parties involved may request that certain information that was part of the negotiations remain confidential.
Such confidential information may include specific contributions and financial support from private parties or other long-term financial planning issues.
Adaptive Management
The PA law should prescribe that the principle of adaptive management should apply to a voluntarily conserved area in the formal PAs system as much as to a state-owned or state-controlled PA.
The requirement for periodic review and updating of management plans provides the principal process for addressing and responding to changed natural and human conditions when the adaptive measures needed go beyond the authority of the existing management plan.
The PA law should prescribe clear obligations and procedures requiring regular review and updating of management plans.
adapative management

32. Overview of the Seminar
Management Authorities
Co-Management
Management Planning
Zoning
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © Kim Visser
NOTES FOR EDUCATOR
Return to the Seminar Outline.
Highlight that Learners should now hopefully have an understanding of management planning.
Mention that will now turn to consider the issue of zoning.

33. Zoning what is it prescription consequences establishment
management plan
regulation
NOTES FOR EDUCATOR
Picture - Example from Canada (Map of Monterey Bay National Marine Sanctuary (California, USA) – reflecting different zones within the marine protected area).
A PA law should recognise the concept of zoning as a management tool.
What is it
A PA can be divided into different zones such as:
Strictly managed areas.
Tourism areas.
Recreational use areas.
Restoration areas.
Traditional use areas.
These zones enable the management authority to adopt different management approaches and levels of regulation in respect of these different zones.
Zoning is particularly useful for:
Handling large multi-purpose and multi-dimensional PAs.
Providing connectivity between core areas.
Accommodating a variety of mixed governance types or land tenure arrangements within a single designated PA.
Prescription
The PA law can provide for the prescription of zones within a PA in different ways.
Establishment
The zones can be formally designated in the process leading to the establishment of the PA.
These zones would be formally recorded in the notice/documents approved by the high-level policy authority at the time the PA is established - with management objectives being prescribed in respect of each different zone.
This approach provides greater legal certainty and status about the zones’ primary conservation objectives but it is fairly rigid as any alterations would need to be formally enacted through the PA law.
Management Plan
The zones can be formally designated in the management plan prepared by the management authority for the PA.
This approach promotes flexibility for adaptive management as changes to the boundaries and management objectives can be affected through the annual review of the management plan.
Regulation
The zones can be formally designated after the establishment of the PA by:
The high-level authority by way of publishing a regulation/decree/order.
The management authority by way of publishing an internal rule.
This approach provides a blend of both the advantages of the previous two approaches in that:
Legal status - the zones will have a strong legal status in that they are embedded in a regulation, decree, order or internal rule.
Flexibility - the process to amend the relevant regulation, decree, order or internal rule should be less onerous then having to amend the formal designation of zones within the notices/documents providing for its establishment.
Consequences
The designation of zones within a particular PA, allows the PA authorities to recognize and manage a particular area for its multiple values and purposes and mixed tenure types in a clearly defined and systematic way within a single legally designated site.
It allows gradations of regulation, depending on the values being protected and changing conditions, and creates flexibility for the manager to address adjacent areas in a compatible manner.
Without this tool, PA authorities are left to designate each zone as a separate site, an approach that is likely to provide less flexibility for administration and management, and to leave some important connecting areas unprotected.
consequences

34. Overview of the Seminar
Management Authorities
Co-Management
Management Planning
Zoning
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © Kim Visser
NOTES FOR EDUCATOR
Return to the Seminar Outline.
Highlight that Learners should now hopefully have an understanding of zoning as a management tool.
Mention that will now turn to consider the issue of buffer zones and connectivity.
Buffers & Connectivity

35. Buffers & Connectivity
nature
within PAs
between PAs
relevant legal sectors
NOTES FOR EDUCATOR
Highlight that an important international recognised management principle with legal application is for PA system plans and site management plans to identify:
Buffer zones around established PAs.
Ecological corridors or other connectivity conservation areas, to support and protect the integrity of a site and the system overall.
These buffer zones and connectivity conservation areas also provide flexibility for the adaptive management of a particular site to accommodate biome shifts and the impact of dynamic environmental and global change factors.
Highlight that the PA law should promote the use of buffers, ecological corridors and connectivity conservation areas both within and between PAs and create the legal tools to facilitate this.
Highlight that Module 8 (Connectivity Conservation - Introduction) and Module 9 (Connectivity Conservation - Legal Issues and Instruments) comprehensively deal with buffers, ecological corridors and other connectivity conservation areas, and that you will only be dealing with these issues briefly in this section of the Seminar Presentation.
Confirm that you will briefly explain:
What are buffers, corridors and connectivity conserved areas.
Which legal sectors have a role to play in promoting buffers, corridors and connectivity conserved areas.
What is the general role of PA law.
role of PA law

36. scale Nature landscape linear corridors corridors connecting habitats
connecting ecological processes
scale
connecting evolutionary processes
NOTES FOR EDUCATOR
Highlight that the diagram illustrates the different mechanisms for promoting connectivity within and between PAs.
Mechanisms
Landscape corridors.
Stepping stone corridors.
Linear corridors.
Buffer zones.
Ecological Role
Connect Habitats - for wildlife movement between PAs and enhance biodiversity conservation.
Connect Ecological Processes - to maintain or restore ecological processes (e.g. water flows, pollination paths).
Connect Evolutionary Processes - to permit gene flows and species range expansion.
Scale
Confirm that the scale of these connectivity initiatives can differ substantially:
Local (1km) - such as hedgerows providing a habitat corridor.
Landscape (1-10km) - such as a series of small reserves creating a set of stepping stones.
Bioregional ( kms) - such as a corridor initiatives linking a diverse array of PAs and mixed-use landscapes.
Transnational (1000kms and more) - linking conservation areas across national boundaries.
stepping stone
corridors
buffer zones

37. Relevant Legal Sectors
conservation
sustainable use
land-use planning
buffers &
connectivity
development control
coastal management
fiscal
NOTES FOR EDUCATOR
Highlight that given the often large scale nature of connectivity conservation initiatives, they may span many different areas:
Subject to different land-uses.
Falling both within and outside formally proclaimed PAs.
Owned by different entities.
Regulated by different laws.
Overseen by different government sectors.
Mention that many laws governing the following different sectors may be of relevance to/contain specific legal mechanisms for promoting connectivity within and between PAs:
Conservation.
Sustainable Use.
Development Control.
Fiscal Arrangements.
Coastal Management.
Land-Use Planning.
Confirm that these are comprehensively examined in the Connectivity Law Concept Paper - dealt with in Module 8 (Connectivity Conservation - Introduction) and Module 9 (Connectivity Conservation - Legal Issues and Instruments) - and that here you will therefore only be briefly mentioning specific legal consideration for promoting buffers and connectivity in PA laws.

38. consultation & cooperation voluntary conservation
Role of PA Law
PA systems plan
planning for a PA
consultation & cooperation
site management plans
NOTES FOR EDUCATOR
The are a number of ways through which PA laws can promote buffers and connectivity conservation.
These are detailed below.
PA Systems Plan
The PA law should provide that the PA system plan identifies on a map and in descriptive terms any buffer zones, ecological corridors and other connectivity conservation areas needed to support the priority conservation objectives of the system and of specific sites.
Planning for a PA
The PA law may include a provision requiring that the necessary buffer and connectivity conservation areas are identified as part of the planning and establishment process for a PA.
Consultation & Cooperation
The PA law should impose a reciprocal duty on PA authorities (including PA policy, administrative and management authorities) and other public and private entities (including other sectoral government departments, indigenous peoples, local communities and private landowners) who actions/decisions may impact on identified buffer and connectivity areas, to consult and coordinate their functions, powers and duties.
Site Management Plans
The PA law should provide that site management plans or associated plans identify on a map and in descriptive terms any buffer zones and ecological corridors needed to support the primary conservation objectives of the site, its long-term viability within the PA system, and the broader landscape or seascape of which it is a part.
The PA law should in this regard provide guidance on additional information to include, where feasible in a management plan when identifying buffer zones and connectivity conservation areas for the site, such as:
Main supportive conservation functions of these areas for the PA site.
Any special status such areas may already have under other legislation (for example, forest or fishery reserves, water catchment areas, community conserved areas, PPAs, environmental protection zones in land use plans).
Current ownership or other tenure status of the areas and resource uses, if known
Principal government agencies involved in governing these areas, where relevant.
Current or potential activities in these areas that pose a major threat to the functions they are meant to serve as buffer zones or connecting corridors.
Activities in these areas that are currently or potentially compatible with or could advance the conservation functions of the PA.
Voluntary Conservation Initiatives
The PA law should encourage PA authorities and provide them with the legal mechanisms to explore and develop voluntary conservation arrangements with indigenous or local communities, or private landowners on lands or waters in designated buffer zones and connecting corridors for the purpose of promoting compatible activities in those areas.
voluntary conservation

39. Overview of the Seminar
Management Authorities
Co-Management
Management Planning
Zoning
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © Kim Visser
NOTES FOR EDUCATOR
Then return to the broad Seminar Outline.
Highlight that this Seminar Presentation has canvassed the following 5 main substantive legal areas:
Management Authorities
Qualification.
Designation.
Functions, powers and duties.
Reporting and accountability.
Mandate termination.
Co-Management
Form/nature.
General legal considerations.
Definition.
Authority.
Written agreements.
Consistency.
PA status.
Special legal considerations relating to voluntary conserved areas.
Capacity-building and support.
Flexibility.
Clarity.
Free prior informed consent.
Customary and traditional rights.
Management Planning
Content.
Approval process.
Monitoring and reporting on implementation.
Zoning
Power to designate.
Legal consequences of designation.
Buffers & Connectivity Conservation
Nature and role of buffers.
Nature and role of connectivity conservation.
Special legal considerations relating to buffers and connectivity conservation.
Buffers & Connectivity

40. Objectives Clarify who can be appointed as management authorities, the
different selection criteria and process for appointing them.
Examine the different composition of management authorities
and the range of powers and functions accorded to them.
Explain the form, nature, approval process and legal
mechanisms for implementing management plans for PAs.
Describe the different legal mechanisms aimed at promoting
management monitoring and reporting within a PA.
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © EcoPrint
NOTES FOR EDUCATOR
Re-emphasise the Objectives of this Module.
Examine the legal mechanisms governing zoning,
buffers and connectivity within and adjacent to PAs.

41. Outcomes Clarity on the legal process for selecting and appointing
management authorities.
Awareness of the different composition of management authorities
and the range of powers and functions accorded to them.
Understanding of the form, nature, approval process and legal
mechanisms for implementing management plans for PAs.
Awareness of different legal mechanisms aimed at promoting
management monitoring and reporting within a PA.
Picture: Uigaran, Erongo Region, Namibia, taken 28 June 2008 / Wikimedia Commons/ CC-BY-SA-3.0.
NOTES FOR EDUCATOR
Re-emphasise the anticipated Outcomes of this Module.
Knowledge of legal mechanisms governing zoning,
buffers and connectivity within and adjacent to PAs.

42. Core Texts 15 Case Studies 5 Case Studies NOTES FOR EDUCATOR
Indicate to the Learners that the content of the Course is based on two primary documents, namely:
Guidelines for Protected Area Legislation (the PA Law Guidelines).
Legal Aspects of Connectivity Conservation: A Concept Paper (the Connectivity Law Paper).
PA Law Guidelines - highlight the following:
The current PA Law Guidelines are the 2nd iteration of the Guidelines.
The first PA Law Guidelines were prepared in 1980 by Barbara Lausche under auspices of the ELC.
Due to the growth and evolution of PA law, the ELC commissioned Barbara Lausche to revise and update the PA Law Guidelines (1980) with the aim of producing a contemporary document that assists all those working on/with PA law to ensure that all aspects of PAs, including new and emerging issues, are adequately addressed in legal frameworks.
The revised and updated PA Law Guidelines were published in 2011.
The PA Law Guidelines are accompanied by fifteen detailed case studies.
Eight of the case studies analyse selected national legal frameworks on PAs.
Seven of the case studies analyse the legal regime of specific sites, each representative of a PA type (such as terrestrial, marine, transboundary PAs).
Connectivity Law Paper - highlight the following:
“Connectivity Conservation”
Is an emerging issue and concept in the field of biodiversity conservation.
It is the idea of promoting ecological connectivity within and between PAs as well as with the broader living landscape through biodiversity corridors.
This connectivity is increasingly being recognised as crucial for biodiversity conservation as it allows for the formation of networks of PAs.
Such networks in turn are more resilient to diverse changes and threats.
The ELC initiated a project in 2011 to explore the role of law in promoting connectivity conservation.
The Concept Paper was drafted between 2011 and 2013 in close collaboration with the IUCNAEL, WCEL, WCPA and the Global Protected Areas Programme.
The Connectivity Law Paper, published in 2013, is the first publication to lay out the legal tools/instruments to achieve connectivity conservation.
The Connectivity Law Paper is accompanied by 5 detailed case studies reviewing legal frameworks providing for connectivity conservation in different national and regional settings
Instruct the Learners that Modules 11 & 12 of the Course focus specifically on connectivity conservation.
15 Case Studies
5 Case Studies

43. Building Capacity on Protected Areas Law & Governance
Module 5
Seminar
Presentation
Exercises
knowledge transfer
skills development
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © Kim Visser
NOTES FOR EDUCATOR
Conclude by emphasising that this Module comprises of two parts:
Seminar Presentation.
Exercises.
Highlight the different educational rationale underpinning these two parts:
Seminar Presentation - Knowledge Transfer.
Exercises - Skills Development.
Conclude by indicating that will now be undertaking certain selected Exercises which build on the knowledge conveyed during the Seminar Presentation.
Management