1. Building Capacity on Protected Areas Law & Governance Module 5 Planning, Types & Establishment Exercise 1 Matching De Facto Realities to Legal Incorporation Tools Module 4

2. Background  Purpose  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)

3. The Case Study

4. 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

5. The Task…  Question 2  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?

6. 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 PurchaseConservation Easement/Servitude State ExpropriationLand Trust DonationDe-proclamation LeaseProclamation Conservation AgreementBoundary Amendment

7. Last Few Things  A Challenging Task  Remembering the Purpose  No Correct Answer  Presentation  Scribe & Spokesperson  15 Minutes