Building Capacity on Protected Areas Law & Governance

Module 5

Planning, Types & Establishment

Exercise 1

Matching De Facto Realities to Legal Incorporation Tools

Module 4

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)

The Case Study

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

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?

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 Purchase Conservation Easement/Servitude

State Expropriation Land Trust

Donation De-proclamation

Lease Proclamation

Conservation Agreement Boundary Amendment

Last Few Things

A Challenging Task Remembering the

Purpose No Correct Answer Presentation

Scribe & Spokesperson 15 Minutes