1. Building Capacity on Protected Areas Law & Governance Module 4 Planning, Types & Establishment

2. Building Capacity on Protected Areas Law & Governance Planning, Types & Establishment Planning is an essential component of all PA laws. Planning informs the establishment and management of the PA. PA laws recognise different types of PAs. PA laws prescribe strict criteria and procedures for establishing and disestablishing PAs.

3. Overview of the Seminar Protected Area Planning Categories/Types of Protected Areas Establishment/Declaration Disestablishment Amendment

4. Objectives Introduce different ways in which planning provisions are prescribed in PA laws. Clarify the different IUCN Management Categories & Governance Types and how these are given effect to in PA laws. Examine the legal mechanisms for establishing, disestablishing and altering the boundaries of PAs. Outline the procedures, prerequisites, authorities and provisions for public participation related to the above processes. Distil the different types of plans/planning of relevance to PAs and how these are provided for in PA laws.

5. Outcomes Understanding of the ways in which planning provisions are prescribed in PA laws. Clarity on the different IUCN Management Categories & Governance Types and how these are given effect to in PA laws. Knowledge of the legal mechanisms for declaring, establishing and altering the boundaries of PAs. Awareness of the procedures, prerequisites, authorities and provisions for public participation related to the above processes. Knowledge of the different types of plans/planning of relevance to PAs and how these are provided for in PA laws.

6. Overview of the Seminar Protected Area Planning Categories/Types of Protected Areas Establishment/Declaration Disestablishment Amendment

7. Protected Area Planning Two Different Dimensions Types of PA Plans Planning Informing Establishment of a PA “Planning”? What types of PA plans exist? What types of legal issues should inform the establishment of a PA?

8. Planning for Protected Areas What types of legal issues should inform the establishment of a PA? International ContextDomestic Context Conventions Decisions Guidelines Institutions Tenure/Rights General Plans Stakeholders

9. Key Legal Issues (Tenure/Rights)  2 Key Questions  WHO owns, holds rights in or exercises authority over the land/sea and/or natural resources to be included in the PA?  WHAT is the basis and form of this tenure? single form government individual community full title partial title basis statute contract multiple custom whowhat access/use rights

10. Key Legal Issues (Tenure/Rights)  Stakeholders  Consultation Procedures  Form of PA Governance  Governance by Government  Shared Governance  Private Governance  Governance by Indigenous Peoples & Local Communities  Legal Tools (Private/Communal)  Donation  State Purchase  State Expropriation & Compensation  Conservation Servitudes/Covenants/Easements  Leases  Intergovernmental Cooperation

11. Key Legal Issues (General Plans)  Need to consider broad planning context  Relevant plans include: fresh watermarine climate change land use biodiversity minerals coastaldevelopment agriculture

12. Key Legal Issues (General Plans)  Identification of relevant plans  Authoritative weight of plans  Trumping of plans  Planning alignment  Implications for management categories  Influence on intergovernmental cooperation and consultation procedures  Influence on viability  Scoping other conservation measures

13. Key Legal Issues (Stakeholders)

14.  Identification of “stakeholders”  Public participation procedures  Form/nature  Mandatory/discretionary  Timing  Provision of support  Intergovernmental cross-consultation  Feedback/reporting  Appeal/review procedures

15. Protected Area Planning Two Different Dimensions Types of PA Plans Planning Informing Establishment of a PA “Planning”? What types of PA plans exist? What types of legal issues should inform the establishment of a PA?

16. Types of Protected Area Plans What types of PA plans exist? System PlansManagement Plans

17. System Plan (What is it)  Idea - individual PAs are part of an overall PA’s system and need to be understood in this context.  Base - founded on science.  Process - comprehensive scientific research and mapping leading to development of plan/strategy.  Outcome - a big plan/strategy for informing decision making about where to establish PAs and undertake complementary conservation initiatives.  Form - diverse and depicted in words, maps, figures, goals, principles and targets.

18. System Plan (Purpose)  Identify priority conservation goals, objectives & agents for PA system.  Provide strategic direction.  Identify opportunities for expanding the PA system.  Identify priority sites/areas for inclusion in PA system.  Identify connectivity needs and gaps in coverage.  Identify serious existing and potential threats to PA system.  Identify opportunities for adapting to these threats.

19. System Plan (Legal Issues)  Statutory vs Non-Statutory  Discretionary vs Mandatory  Authority  Timeframe  Guiding Principles /Objectives  Scope & Content  Process  Renewal  Implementation  Link to Other Planning Instruments  Link to International Obligations

20. Management Plan (What is it)  Nature  Site Management Plan  Purpose  Guides management of PA  Provides legitimacy to management authority  Process  Developed by management authority  Public participation  Approval by higher government authority  Provision for periodic review  Content  Attributes of PA  Management Principles, Objectives & Activities  Restricted activities  Management responsibilities

21. Management Plan (Legal Issues)  Scope  Preparation  Content  Alignment  System Plans  Other Plans  Public Participation  Approval  Implementation  Monitoring  Reporting  Amendment

22. Overview of the Seminar Protected Area Planning Categories/Types of Protected Areas

23. Categories/Types of PAs … Category Ia: Strict nature reserve Category Ib: Wilderness area Category II: National park Category III: Natural monument or feature Category IV: Habitat/species management area Category V: Protected landscape/seascape Category VI: Protected area with sustainable use of natural resources Type A: Governance by government Federal/national ministry Sub-national ministry/agency Government delegated Type B: Shared governance Transboundary governance Collaborative Governance Joint Governance Type C: Private governance Individual landowners Non-profit organisations For-profit organisations Type D: Governance by indigenous peoples and local communities Indigenous peoples conserved areas Community conserved areas Management ObjectivesForm of Governance

24. 2013  Origins  Evolving  International Status  Guidelines  Increasing international recognition  Increasing domestic use  Reporting  WDPA & UN List of PAs  Currently for Management Categories  Reporting by No’s and not Names Categories/Types of PAs …

25. 2013  Purpose  Facilitate planning  Improve information management  Help in regulating activities  Provide a basis for laws  Inform budget setting  Provide a tool for advocacy  Interpret & clarify land tenure and governance  A tool to help plan systems of PAs Categories/Types of PAs …

26. 2013 Management Categories Governance Types Categories/Types of PAs

27. IUCN Management Categories… CategoryDefinition of Management Objective Category Ia Strict Nature Reserve Strictly protected areas set aside to protect biodiversity and also possibly geological or landform features, where human visitation, use and impacts are strictly controlled and limited to ensure protection of the conservation values. Such protected areas can serve as indispensable reference areas for scientific research and monitoring. Category Ib Wilderness Area Protected areas are usually large unmodified or slightly modified areas, retaining their natural character and influence, without permanent or significant human habitation, which are protected and managed so as to preserve their natural condition. Category II National Park Protected areas are large natural or near natural areas set aside to protect large-scale ecological processes, along with the complement of species and ecosystems characteristic of the area, which also provide a foundation for environmentally and culturally compatible spiritual, scientific, educational, recreational and visitor opportunities. Category III Natural Monument/ Feature Protected areas are set aside to protect a specific natural monument, which can be a landform, sea mount, submarine cavern, geological feature such as a cave or even a living feature such as an ancient grove. They are generally quite small protected areas and often have high visitor value. Category IV Habitat/Species Management Area Protected areas aim to protect particular species or habitats and management reflects this priority. Many category IV protected areas will need regular, active interventions to address the requirements of particular species or to maintain habitats, but this is not a requirement of the category. Category V Protected Landscape/Seascape A protected area where the interaction of people and nature over time has produced an area of distinct character with significant ecological, biological, cultural and scenic value: and where safeguarding the integrity of this interaction is vital to protecting and sustaining the area and its associated nature conservation/ other values. Category VI Protected Area with Sustainable Use of Nature Resources Protected areas conserve ecosystems and habitats, together with associated cultural values and traditional natural resource management systems. They are generally large, with most of the area in a natural condition, where a proportion is under sustainable natural resource management and where low-level non-industrial use of natural resources compatible with nature conservation is seen as one of the main aims of the area.

28. IUCN Management Categories… basis = management objective not a commentary on management effectiveness international system of categorisation names differ across countries not a hierarchy of importance a gradation of human intervention general issues

29. IUCN Management Categories… Philippines: National Protected Areas Systems Act (1992) Strict nature reserve “an area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples of the natural environment available for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state.” Natural park “a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use.” Natural monument “A relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics”. Wildlife sanctuary “An area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation.” Protected landscapes/seascapes “Areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of these areas”. Resource reserve “An extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning”. Natural biotic area “An area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at their pace”.

30. IUCN Management Categories Category Ia: Strict nature reserve Category Ib: Wilderness area Category II: National park Category III: Natural monument or feature Category IV: Habitat/species management area Category V: Protected landscape/seascape Category VI: Protected area with sustainable use of natural resources Philippines National Protected Areas Systems Act (1992) Strict nature reserve Natural park Natural monument Wildlife sanctuary Protected landscapes/seascapes Resource reserve Natural biotic area

31. IUCN Governance Types…

32. IUCN Governance Types basis = type of authority/responsibility may be multiple governance types within one PA governance type is ≠ governance quality form of governance not necessary relate to ownership legal mechanisms vs governance types determination may be complex general issues

33. Categories/Types of PAs Category Ia: Strict nature reserve Category Ib: Wilderness area Category II: National park Category III: Natural monument or feature Category IV: Habitat/species management area Category V: Protected landscape/seascape Category VI: Protected area with sustainable use of natural resources Type A: Governance by government Federal/national ministry Sub-national ministry/agency Government delegated Type B: Shared governance Transboundary governance Collaborative Governance Joint Governance Type C: Private governance Individual landowners Non-profit organisations For-profit organisations Type D: Governance by indigenous peoples and local communities Indigenous peoples conserved areas Community conserved areas Management ObjectivesForm of Governance Role of Law?

34. Categories/Types of PAs & Law PA categories/types an essential planning tool legal mechanisms faciliate governance types mandatory reporting requirements law an essential role in giving effect to PA categories/types legal reflection of management categories role of the law as an enabler Role of Law

35. Overview of the Seminar Protected Area Planning Categories/Types of Protected Areas Establishment/Declaration

36. Establishing a Protected Area Initiation/Nomination Public Participation Declaration Intergovern’tal Consultation

37. Initiation/Nomination by whom criteria process… government individual community mgt objectivesmgt categories company NGO governance types

38. Initiation/Nomination… process screening “protected area”criteria initiation more information notice government other notification content process

39. Public Participation “stakeholders” “process” form/nature outcome timingsupport feedbackappeal/review mandatory/discretionary

40. Intergovernmental Consultation “govt stakeholders” “process” form/nature cross-consultationcross-approval timing outcome whenduration decision-makingagreements

41. Declaration “final” steps “preliminary” steps interim protection formal assessments land acquisition declaration registration demarcating boundaries

42. Declaration (Preliminary Steps)… interim protection process authority outcome criteria duration flexibilityrenewal noticecontent active mgtprohibitions freezing land use compensation

43. Declaration (Preliminary Steps)… formal assessments trigger outcome form authority mandatorydiscretionary

44. land acquisition? purchaseexpropriation process compensation “conservation agreements” process compensation compelledvoluntary types privatecommunal lease easement covenantservitude Declaration (Preliminary Steps)…

45. Conservation Agreements formalities incentives compensation content Description of parties Description of land Objective of agreement Recordal of Management Category Obligations and rights of landowner Access/use rights Land-use restrictions Obligations and rights of government Access rights Management obligations Governance arrangements Governance type Management activities Financing and Support Compensation Duration Termination/Breach Key Principles Types/objective of agreements Authority to negotiate agreements Qualification criteria ‘conservation value’ ‘protected area’ ‘management objectives’ ‘management category’ Qualifying parties Content Negotiation process Public participation Approval process Registration Formal designation Management authority Monitoring & reporting dual agreements incorporation co-management

46. Declaration (Final Steps) demarcating boundaries formal declaration authority registration formsprocess flexibility administrative ecological process scope processwhat designation agreementsland law

47. Overview of the Seminar Protected Area Planning Categories/Types of Protected Areas Establishment/Declaration Disestablishment Amendment

48. Disestablishing a Protected Area grounds exceptional process authority rigorous initiation assessmentspublic participation approval intergovt’al consultation no net loss amending agreements consistency same authorityhigher authority

49. Amending PA Boundaries grounds exceptional process authority rigorous initiation assessmentspublic participation approval intergovt’al consultation no net loss amending agreements consistency same authorityhigher authority

50. Overview of the Seminar Protected Area Planning Categories/Types of Protected Areas Establishment/Declaration Disestablishment Amendment

51. Objectives Introduce different ways in which planning provisions are prescribed in PA laws. Clarify the different IUCN Management Categories & Governance Types and how these are given effect to in PA laws. Examine the legal mechanisms for establishing, disestablishing and altering the boundaries of PAs. Outline the procedures, prerequisites, authorities and provisions for public participation related to the above processes. Distil the different types of plans/planning of relevance to PAs and how these are provided for in PA laws.

52. Outcomes Understanding of the ways in which planning provisions are prescribed in PA laws. Clarity on the different IUCN Management Categories & Governance Types and how these are given effect to in PA laws. Knowledge of the legal mechanisms for declaring, establishing and altering the boundaries of PAs. Awareness of the procedures, prerequisites, authorities and provisions for public participation related to the above processes. Knowledge of the different types of plans/planning of relevance to PAs and how these are provided for in PA laws.

53. Core Texts 15 Case Studies5 Case Studies

54. Building Capacity on Protected Areas Law & Governance Module 4 Planning, Types & Establishment Seminar Presentation Exercises knowledge transferskills development