Protected Areas Act 2011 (No. 14 of 2011)

ACT No. 14 of 2011 PROTECTED AREAS ACT 2011 ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Short title. 2. Commencement. 3. Objectives of the Act. 4: Principles of ecologically sustainable development. 5. Application of the Act. 6. Interpretation. PART II ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION 7. Establishment of a Commission. 8. Functions of the Commission. 9. Exercise of functions of the Commission. 10. Resources of the Commission. 11. Accounts of the Commission. 12. Appointment of the Board of the Commission. 13 Publication or members of the Board in the Gazette. PRICE: $4,550.00 — To be purchased from Parliament Office, Georgetown, Guyana. PRINTED BY GUYANA NATIONAL PRINTERS LIMITED. 2 LAWS OF GUYANA [A.D. 2011 No. 14] 14. Resignation or termination. 15. Duty to act in best interest. 16. Functions of the Board. 17. Annual report. 18. Appointment of the Commissioner 19. Responsibility of Commissioner. 20. Duties of the Commissioner. 21. National Protected Areas Plan. 22. Plan update. PART III THE NATIONAL PROTECTED AREAS SYSTEM 23. Components of the National Protected Areas System. 24. Objectives of the system. PART IV ESTABLISHING NATIONAL PROTECTED AREAS 25. Recommendation by Commission to Minister. 26. Proposal by others. 27. Requirements for a proposal. 28. Assessment and investigation. 29. Public participation. 30. Existing rights. 31. Mineral and petroleum information. A.D. 2011] .3 PROTECTED AREAS [No. 14 32. Minister to take into account. 33. Declaration of a protected area. PART V AMERINDIAN PROTECTED AREAS 34. Amerindian protected areas. 35. Application for lands. 36. Assessment of the application. 37. Submission of request to Minister. 38. Right of appeal. 39. Declaration of Amerindian protected area 40. Eligibility for funding. PART VI PROTECTED AREAS MANAGEMENT 41. Objectives of a protected area. 42. Types of protected areas. 43. Strict Nature Reserve. 44. Management of Strict Nature Reserve. 45. Scientific research in Strict Nature Reserve. 46. Wilderness Reserve. 47. Management of Wilderness Reserve. 48. Permitted Activities in Wilderness Reserve. 49. National Park. 50. Management of a National Park. 51. Permitted activities in a National Park. 52. Natural Monument. 53. Management of Natural Monument. 54. Permitted activities in Natural Monument. 55. Management Area for Habitat or Species. 56. Protection of Habitat or Species. 57. Permitted activities in a Management area for Habitat or Species. 58. Protected Landscape or Seascape. 59. Management of Landscape and Seascape. 60. Permitted activities in Landscape and Seascape. 61. Managed Resource Protected Area. 62. Permitted activities in a Managed Resource Protected Area. 63. Site level authority. 64. Duties of site level authority. 65. Requirement for a site level management plan. 66, Management plan for Amerindian protected area. 67. Preparation of management plan. 68. Contents of management plan. 69. Other provisions in management plan. 70. Consultation for national protected areas. 71. Amerindian communities and Amerindian villages. 72. Notification of rights. 73. Agreement to protect traditional rights. 5 A.D. 201 t] PROTECTED AREAS [No. 14 74 Areernent part of management plan. 75. Review and update of management plan. 76. Board Approval. 77. Power of Board. 78. Implementation. 79. Archaeological sites. 80. Consultation with Amerindian community. 81. Consultation on preservation of site. 82. Duty to maintain Register. 83. Protection of intellectual property. PART VII VARIATION/DECLASSIFICATION OF A PROTECTED AREA 84. Protected Areas boundaries may be varied provided that overall area does not reduce. 85. Excision. 86. De-classification of a protected area. 87. Repayment of unspent funds. PART VIII PROTECTED AREAS TRUST 88. Establishment of a Protected Areas Trust. 89. Board of Trustees — nine members. 90. Functions. 91. Appointment. 92. Selection criteria. 324 THE OFFICIAL UALI A tt 11 JOAN 6 No. 14] LAWS OF GUYANA [ A.D. 2011 93. Approval of nominees. 94. First members of Board. 95„ Removal of Trustee. 96. Resignation, cessation. 97. Replacement of Trustee. 98. Term of appointment of Trustee. 99. Duty to act in the best interests of the Trust Fund. 100. Remtineration. PART IX ESTABLISHMENT AND MANAGEMENT OF THE TRUST FUND 101. Establishment of the Fund. 102. Duty to invest. 103. Fund Administrator. 104 Earmarking. 105. Expenditure. 106. Application for funding. 107. Accounts. 108. Audit. 109. Annual Report. 110. Submission of annual report to Minister. 111. Evaluation. 112. Taxation. A.D. 2011] PROTECTED AREAS [No. 14 PART X ENFORCEMENT AND OFFENCES IN NATIONAL PROTECTED AREAS 113. Appointment of park wardens. 114. Powers of park wardens. 115. Arrangements with Police Force. 116. Protection of biodiversity. 117. Penalty for removing wild animal without permission. 118. Penalty for killing wild animal without permission. 119. Penalty for killing wild animal belonging to an endangered species. 120. Penalty for removing wild animal belonging to an endangered species. 121. Penalty for damaging archeological find or site. 122. Prohibition on mining. 123. Penalty for damaging tree, plant or vegetation. PART XI SPECIAL PROVISIONS FOR THE NATIONAL PARKS COMMISSION 124. Repeal of certain provisions of the National Parks Commission Act. 125. Transfer of assets to Commission. PART XII SPECIAL PROVISIONS FOR THE IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT 126. Agreements by the Commission. 7 326 THE OFFICIAL GAZETTE [LEGAL SUPPLEMEN No. 141 8 LA WS OF G Y .4 NA [A.D. 2011 PART XIII MINISTER'S POWERS AND FUNCTIONS 127. Emergency protection order. 128. When emergency Order in force. 129. Investigation by the Commission. 130. Interim protection Order. 131. Regulations. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE 9 A.D. 2011] PROTECTED AREAS [No. 14 AN ACT to provide for the protection and conservation of Guyana's natural heritage and natural capital e creation, management and financing of a national system of protected areas; the maintenance ecosystem services of national and global importance including climate regulation; the establishment of a protected areas commission; the establishment and management of a protec areas trust fund; the fulfillment of Guyana's international environmental responsibilities; publ participation in protected areas and conservation; and related purposes. A.D. 20 11 Enacted by the Parliament of Guyana: PART 1 PRELIMINARY Short title. 1 . This Act may be cited as the Protected Areas Act 2011. Commencement 2. This Act shall come into operation on such date as the Minister may by order appoint. Objectives of the 3. The objectives of this Act are — Act. (a) to provide for the conservation of biological diversity, natural landscapes, seascapes and wetlands; (b) to safeguard ecosystem services; (c) to establish a national protected areas system; (d) to provide for the recognition of the intrinsic value of biodiversity and associated 9 1 .r1 2-1L-11-■ .1 A-I 10 No. 141 LAWS OF GUYANA [A.D. 2011 spiritual and cultural values; (e) to enhance national pride in and encourage stewardship of Guyana's natural heritage, at the national, regional, local, community and individual levels of society; (0 to assist in safeguarding Guyana's sovereignty over its natural heritage and to regulate access to the nation's biological resources; (g) to give appropriate recognition to the conservation efforts and achievements of Amerindian Villages and Amerindian Communities; (h) to promOte ecologically sustainable development; (i) to assist in the implementation of Guyana's international environmental responsibilities to conserve the nation's natural heritage; (j) to promote the rehabilitation of degraded areas and the restoration of ecological integrity; (k) to promote the recovery and rehabilitation of species which are vulnerable, threatened or endangered; (1) to establish a protected areas commission and a protected areas trust to manage and finance the national protected areas system. Principles of ecologically sustainable development. 4. Principles of ecologically sustainable development include (a) balanced decision-making - decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations; (b) the precautionary principle - if there are threats of serious or irreversible loss of biodiversity, or serious or irreversible harm to habitats or ecosystems, lack of full scientific certainty should not be used as a reason for postponing measures to prevent such loss or harm; 111 11 A.D. 20111 PROTECTED AREAS [No. (c) the principle of inter-generational equity - the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations; (d) the principle of protection of the natural capital base - the conservation of biological diversity and the maintenance of ecological integrity should be a fundamental consideration in decision-making; (e) the principle of policy intervention to correct market failure - the market failures that are leading to environmental degradation and the reduction in natural capital should be corrected by policy interventions including the development and application of improved valuation and pricing mechanisms for ecosystem services; (f) the principle of local benefit - local people should be provided with training an education relevant to job placement opportunities in the national protected are.' system. Application of Act. 5. This Act applies to the territorial sea, exclusive economic zone, fishery zone ant No. 18 of 2010 continental shelf as defined in the Maritime Zones Act 2010. Interpretation. 6. In this Act Cap. 29:01 (a) "Amerindian Community" has the meaning assigned to it by the Amerindian A, (b) "Amerindian Protected Area" means a protected area created by the Amerindian Villa Council over its village lands or any part thereof and which has been recognised as Amerindian Protected Area under Part V; Cap. 29:01 (c) "Amerindian Village" has the meaning assigned to it by the Amerind • Act; l 1 12 No. 143 LAWS OF GUYANA [A.D. 2011 (d) "archaeological find" means any artefact or other significant object that relates to human activity within Guyana and is being investigated or is capable of being investigated by archaeological methods to provide evidence of the history or pre-history of Guyana; (e) "archaeological site" means a shell mound, a burial site, any rock containing a petroglyph or pictograph, and any site containing any archaeological find; (0 "biological diversity" means the variability among living organisms from all sources including, inter alia, terrestrial ecosystems, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems; (g) "Board" means the board of the Protected Areas Commission appointed in accordance with Part II; (h) "Board of Trustees" means the board of trustees of the Protected Areas Trust Fund; (i) "Commission" means the Protected Areas Commission; (j) "Commissioner" means the Commissioner of Protected Areas; (k) "ecological integrity" means the sum of the biological, physical and chemical components of an ecosystem and their dynamic interactions which maintain the ecosystem and its attributes, products and processes including evolutionary processes 12 13 A.D. 2011] PROTECTED AREAS [No. 14 which result in increased biological diversity and more complex living systems; (1) "ecosystem" means the dynamic complex of animal, plant and micro-organism communities and their non-living environment interacting as a functional unit; (m)"ecosystem services" means benefits provided by ecosystems which include provisioning services such as food, water, timber, fiber, and genetic resources; regulating services such as the regulation of climate, floods, disease, and water quality as well as waste treatment; cultural services such as recreation, aesthetic enjoyment and spiritual fulfillment; and supporting services such as soil formation, pollination and nutrient cycling; (n) "endangered species" means any species of wild animal or any plant species which is — (i) listed as endangered on the Red List of the International Union for the, Conservation of Nature; (ii) an indigenous species which is not listed as endangered on the Red List o the International Union for the Conservation of Nature but which is in danger of extinction through all or part of its range in Guyana and whose survival is unlikely if the factors jeopardising it continue to operate; (o) "habitat" means the place or type of site where an organism or population naturally occurs; (p) "indigenous species" means any species of wildlife or any plant species that occurs 13 14 No. 14] LAWS OF GUYANA [A.D. 2011 naturally in a free state in nature in Guyana but excludes a species introduced as a result of human activity, and indigenous species in relation to a protected area means a species that occurs naturally in that protected area in a free state in nature but excludes a species introduced into that protected area as a result of human activity; (q) "international recognition" means designation as Biosphere Reserve by the United Nations Educational, Cultural and Scientific Organisation, or recognition under the Convention on Wetlands of International Importance especially as Waterfowl Habitat or the Convention COnceming the Protection of the World Cultural and Natural Heritage or any other international treaty; (r) "major donor" means any individual or person or entity which makes a significant contribution to the Protected Areas Trust Fund; (s) "migratory species" means any species or lower taxon of wild animal, whose members cyclically and predictably cross one or more national jurisdictional boundaries; (t) "national protected area" means a protected area which has been formally declared a national protected area under Part IV; (u) "natural heritage" includes — (i) biological diversity, the components of biological diversity and wildlife; (i i) land forms of significance, including geological features and processes of scientific significance; 14 A.D. 2011] PROTECTED AREAS [No. H (iii) ecosystems and ecosysteni services; (v) "private lands" means village lands and all lands other than public lands; (w) "privately managed protected area" means an area held under a conservation lease and declared a privately managed protected area under Part VI; (x) "protected area" means a geographically defined area of land or sea or both which managed for the conservation of biological diversity and the maintenance of ecosystem services; (y) "public lands" means all lands vested in the State (whether as State lands of government lands) or vested in any person in trust for the State; (z)"SGP" means Special Grant Programme; (aa) "threatened species" means any species of wild animal or any plant species (i) which is listed as threatened on the Red List of the International Union fc the Conservation of Nature; or (ii) which is an indigenous species which is not listed as threatened on the List of the International Union for the Conservation of Nature but which — (a) is likely to become threatened within the foreseeable future throughout all or part of its range. in Guyana if the factors causing numerical decline or habitat degradation continue to operate; or (b) is rare because it is usually localised within restricted geographicti areas or habitats or is thinly scattered over a more extensive ran, .c: and which could decline or become endangered or extinct; 15 334 THE OFFICLAL GAZETTE [LEGAL SUPPLEMENT] A 27111 SEPTEMBER, 2011 16 No 1,4] LA WS OF GUYANA [A.D. 2011 Cap. 29:01 (bb) "traditional right" has the meaning assigned to it under the Amerindian Act; (cc) "Trust Fund" means the trust fund established by Part IX; Cap. 29:01 (dd) "Village lands" has the meaning assigned to it under the Amerindian Act; (ee) "vulnerable species" means any species of wild animal or any plant species which — (i) is listed as vulnerable on the Red List of the International Union for the Conservation of Nature; or (ii) is an indigenous species which is not listed as vulnerable on the Red List of the International Union for the Conservation of Nature but which is likely to become vulnerable unless the circumstances and factors threatening their survival or evolution cease to operate; (ff) "wild animal" means a member of any undomesticated species of the animal kingdom whether vertebrate or invertebrate including fish, their life forms and development stages, eggs. PART H ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION Establishment of a Commission. 7. (1) There is hereby established the Protected Areas Commission as a body corporate governed by a Board of Directors of seven members appointed under section 12. 17 A.D. 2011] PROTECTED AREAS [No. 14 (2) The procedure of and other matters relating to the Board are set out in First First Schedule Schedule. 8. The functions of the Commission are to — (a) establish, manage, maintain, promote and expand the national protected areas system; (b) identify and evaluate areas that are of ecological significance and make recommendations for the establishment of new protected areas; (c) ensure that the national protected areas system contains ecologically viable areas that are representative of Guyana's habitats and ecosystems; (d) ensure that the national protected areas system contains viable populations of all indigenous species; (e) manage or ensure the proper management of each protected area within the national protected areas system in a manner that is consistent with — (i) the classification applied to the protected area; and (ii) the management plan approved for the protected area; (f) regulate activities and use of resources within each national protected area so as to leave each national protected area unimpaired for the enjoyment and use of future generations; (g) prepare, develop, review and approve as appropriate the management plans and budgets for each protected area; (h) promote public understanding, appreciation and awareness of Guyana's natural heritage and promote environmental awareness and education through the nationa; protected areas system; 17 Functions of the Commission. 18 No. 14] LAWS OF GUYANA [A.D. 2011 (i) promote public involvement in decision making processes and activities for the achievement of the objectives of this Act; (j) promote the private management of public lands as protected areas, as buffer zones, or as areas for the conservation and rehabilitation of ecosystems; (k) promote, undertake and supervise scientific studies, monitoring and research consistent with the objectives of this Act; (1) coordinate and exchange information with other public authorities, the Board of Trustees, Village Councils, non-governmental organisations, international organisations and other relevant bodies in furtherance of the objectives of this Act; (m) advise the Minister on developing regulations, standards, guidelines and procedures to ensure effective management of the national system activities; (n) implement policy on protected areas and advise the Minister on matters of policy relating to protected areas and the impact of activities and policy on protected areas; (o) advise the Minister on the state of Guyana's protected areas and on any special or general measures that may be needed to further the objectives of this Act, including proposals to designate new protected areas or to modify existing protected areas; (p) advise the Minister on the implementation of Guyana's responsibilities under international and regional conventions applicable to Guyana; (q) advise the Minister on the need for trans-boundary parks and assist the Minister accordingly; (r) provide support and advice to Amerindian Villages to enable them to develop Amerindian Protected Areas and to apply the principles of ecologically sustainable development; (s) assess whether an Amerindian protected area or a privately managed protected area meets the criteria for participation in the national protected areas system and advise 18 A.D. 2011] PROTECTED AREAS [No. 14 the Minister accordingly; (t) monitor the effectiveness of implementation of management plans and the achievement of the objectives of the national protected areas system; (u) ensure that the law, regulations and rules are enforced appropriately within the national protected areas system; (v) appoint park wardens, rangers and other enforcement officers; (w) perform all other duties necessary and appropriate for carrying out the objectives of this Act. Exercise of functions of the Commission. 9. in the exercise of its functions the Commission may — (a) establish site-level management authorities for individual national protected areas, enter into co-management arrangements or put in place other appropriate governance arrangements; (b) charge fees for entry and other activities by the public; (c) make by-laws regulating activities in national protected areas; (d) permit research subject to safeguards to protect Guyana's sovereignty over it'; biological resources; (e) conduct or authorise income-generating activities that are compatible with the classification and objectives of the national protected area; (f) establish technical and advisory committees to enable the Board to carry out its functions under this Act; (g) represent Guyana at international and regional meetings and fora in furtherance of the objectives of this Act; (h) publish, sell, disseminate studies, reports, and other documents; (i) construct, maintain and alter trails, roads, paths, buildings and other facilities inside 19 )0 No. 14] LAWS OF GUYANA [A.D. 2011 a national protected area consistent with the management objectives and management plan for the national protected area; (j) obtain expert or technical advice from any suitably qualified person on such teens and conditions as the Commission thinks fit. Resources of the Commission. 10. (1) The assets and funds of the Commission consist of (a) such sums as may be provided by Parliament; (b) such sums as may be allocated by the Board of Trustees; (c) revenue from income-generating activities in national protected areas; (d) such other sum's and property which become lawfully paid to and vested in the Commission. (2) The Commission may not borrow money. Accounts of the 11. The Commission shall keep proper accounts and financial records and shall publish its Commission. Appointment of the Board of the Commission. annual accounts as audited by the Auditor-General. 12. The Minister shall appoint a maximum of seven members of the Board from among persons (a) who demonstrated commitment towards biodiversity conservation and sustainable use of natural resources; (b) who have — (i) management experience and knowledge of conservation and protected areas; (ii) expertise in development issues; 20 21 A.D. 20111 PROTECTED AREAS [No. 14 (iii) financial expertise. Publication of 13. The Minister shall publish in the Gazette the names of members of the Board as first members of the constituted and any subsequent change.. hoard in the Gazette. Resignation or 14. (1) A Board member may at any time resign by submitting a written resignation to the termination. Minister. (2) The Minister may remove a member of the Board if that member (a) becomes incapable of carrying out his duties. (b) is convicted of an offence for which the court may impose a term of imprisonment; (c) is absent except on leave granted by the Board from three consecutive board meetings; or (d) fails to disclose an interest as required by section 15 (2). Duty to act in best 15. (1) A Board member shall at all times act in the best interests of the Commission. interest. (2) A Board member who has any interest, directly or indirectly in any matter before the Board shall disclose the nature of that interest to the Board and shall not take part in any discussions or decisions of the Board with respect to that matter. (3) A disclosure under this section must be recorded in the minutes of the Board. 21 22 No. 141 LAWS OF GUYANA [A.D. 2011 Functioos of the 16. (1) The functions of the Board are to — Board. (a) oversee the operations of the Commission; (b) approve the budget, work plan, programmes, annual report and accounts of the Commission; (c) approve the system plan prepared under section 21; (d) approve applications from the Commission to the Board of Trustees for funding; (e) review and approve the management plans prepared under section 65 or 66; (0 develop a monitoring and evaluation scheme to ensure that the strategic objectives of the national protected areas system are being achieved. (2) in carrying out its functions and making decisions the Board shall take into account the principles of ecologically sustainable development. Annual report. 17. (1) The Board shall within four months of the expiry of the Commission's financial year, submit to the Minister an annual report on the performance of the Commission including the following information — (a) the state of national protected areas; (b) the number and significance of any new national protected areas; (c) an assessment of the national protected areas system against its objectives; (d) an assessment of the threats to the national protected areas system; (e) the extent to which the principles of ecologically sustainable development are being followed in the national protected areas system; (0 and any other matters which the Board considers should be brought to the attention of the Minister. 22 LS A.D. 20111 PROTECIED AREAS [No. 14 (2) The Minister shall table the annual report in the National Assembly. Appointment of 18. The Minister may appoint the Commissioner of Protected Areas after taking into account the Commissioner. the advice of the Board members. Responsibility of 19. The Commissioner shall be the chief executive officer of the Commission and shall be Commissioner. responsible for the day to day business of the Commission, its administration and operations. Duties of the 20. The duties of the Commissioner are to — Commissioner. (a) coordinate approaches to biodiversity conservation and sustainable use of natural resources in and around protected areas; (b) recruit and appoint staff subject to the approval of the Board; (c) ensure that the budget, work plan and programmes are implemented; (d) ensure that proper financial systems' and appropriate staffing policies and procedures are put in place and followed; (e) promote research and environmental education programmes in and around protected areas; (f) promote environmentally sound land use planning in and around protected areas. National Protected 21. Within one year of being appointed the Commissioner must prepare and present to the Areas System Board for approval a system plan which shall — Plan. (a) set out the vision for the national protected areas system; 23 No, 14] 24 LAWS OP GUYANA [A.D. 2011 (b) describe the national protected areas system and identify protected areas and buffer zones on a map; (c) describe the threats to the conservation of biodiversity and to the safeguarding of ecosystem services in the national protected areas system; (d) describe the conservation goals and priorities of the national protected areas system; (e) describe how national protected areas, Amerindian protected areas and privately managed protected areas contribute to these goals and priorities; (f) set out a programme for obtaining international recognition for national protected areas; (g) identify the training and education needed to increase management effectiveness in protected areas; (h) provide mechanisms to enhance cooperation and consultation with other natural resource agencies; (i) assign responsibilities for implementation of the system plan; (j) provide for monitoring and evaluation of the system plan; (k) identify costs and investment needs and priorities for the national protected areas system. Plan update. 22. The Commissioner shall update the system plan regularly and, in any event, not less than every two years, and shall present the updated plan to the Board for comment and approval. PART In THE NATIONAL PROTECTED AREAS SYSTEM 24 25 A.D. 2011] PROTECTED AREAS [No. 14 Components of the National Protected Areas System. 23. The national protected areas system consists of — (a) the Kaieteur National Park; (b) the Programme Site of the Iwokrama International Centre for Rain Forest Conservation and Development; (c) national protected areas; (d) Amerindian protected areas approved under section 39; (e) Protected areas previously declared and urban parks including the Botanical Gardens and the Zoological Park; (f) privately managed protected areas recommended under section 26, and approved by the Minister. 24. The objectives of the national protected areas system are to — (a) conserve Guyana's biological diversity; (b) protect ecologically viable areas representative of all ecosystems and habitats naturally occurring in Guyana, and its natural landscapes and seascapes; (c) protect ecologically significant areas which are vulnerable; (d) safeguard and maintain ecosystem services; (e) ensure that any use of biological resources in a protected area is sustainable; (f) recognise the intrinsic value of biological diversity and of the ecological, genetic, social, economic, scientific, educational, cultural, recreational and aesthetic values of biological diversity and its components; (g) provide a mechanism to assist the State in meeting its obligations under national law to protect the environment for future generations through promoting conservation and preventing ecological degradation; Objectives of the system. 25 26 No 14] LAWS OF GUYANA [A.D. 2011 (h) assist in combating climate change by — (i) ensuring that Guyana's existing forests are maintained and protected from degradation and their ecosystem functions are safeguarded; (ii) promoting the restoration and expansion of Guyana's natural forest cover; (iii) protecting marine ecosystems; (iv) protecting freshwater ecosystems and important watersheds. PART IV ESTABLISHING NATIONAL PROTECTED AREAS Recommendation 25. The Commission may recommend to the Minister that an area of public lands be by Commission to declared a national protected area. Minister. Proposal by others. 26. A public authority, a Village Council, an Amerindian Community or any other person may submit a proposal to the Minister requesting the Minister to create a national protected area over an area of public lands. Requirements for a proposal. 27. (1) A proposal shall — (a) describe the location and boundaries of the proposed national protected area; (b) state how the proposed national protected area will further the objectives of this Act; (c) identify the threats to species, habitat or ecosystems; (d) identify migratory, endangered, threatened or vulnerable species. 26 A.D. 2011] PROTECTED AREAS [No. 14 (2) For privately proposed protected areas, the responsibility for work described in section 28 (1) (a-d) shall be borne by the proponent. 28. (1) Before making a recommendation to the Minister the Commission shall (a) assess the biological diversity of the area including identifying species and habitats, migratory, endangered, threatened or vulnerable species and threats to species or habitats; (b) consider whether the area is adequate for maintaining biodiversity and ecosystem services including the habitat requirements of species, minimum viable population sizes, connectivity to enable movement of wildlife, natural boundaries; (c) consider the extent to which the area will contribute to the overall effectiveness of the national protected areas system; (d) assess the potential for the area to obtain international recognition; (e) consult the Minister with responsibility for Amerindian affairs, the Guyana Geology and Mines Commission, the Guyana Forestry Commission, the Guyana Lands and Surveys Commission, Environmental Protection Agency, the National Trust, Guyana National Energy Agency, Guyana Hydrometeorological Department, local government, and other relevant organs of State as appropriate; (f) take reasonable steps to identify and consult any Amerindian Community or Amerindian Village that exercises traditional rights within the area. Assessment and investigation. (2) The Commission shall take reasonable steps to ensure that wherever feasible surveys and other scientific research are carried out the local inhabitants are consulted. Public 29. Upon receiving the recommendation of the Commission the Minister shall seek the 27 28 No. 141 LAWS OF GUYANA [A.D. 2011 participation. approval of the Cabinet within thirty days; if approved, the Minister shall publish a notice in the Gazette and in at least one daily national newspaper stating the intention to create a national protected area and the notice shall — (a) provide sufficient information for the public to understand the reasons for establishing the proposed national protected area, including how it will fit within the national protected areas system; (b) identify the proposed area; (c) state the classification proposed for the area; (d) request all persons, communities and other entities who exercise or claim rights over the area to notify the Minister in writing of those rights and claims; (e) invite interested persons to make written submissions to the Commission about the proposed 'protected area; (f) specify an address to which submissions shall be sent and the date by which submissions must be made; (g) indicate whether public meetings shall be held to receive additional submissions. Existing rights 30. The Minister shall carry out an investigation to determine what rights and claims exist over the area and may take steps to settle such claims and terminate such rights as permitted by law. Mineral and 31. The Guyana Geology and Mines Commission shall provide the Minister with adequate petroleum information regarding the mineral and petroleum potential of the area and the Minister information. shall take this information into account before making a declaration. Minister to take 32. Before acting on a recommendation from the Commission the Minister shall take into 28 29 A.D. 2011] PROTECTED AREAS [No. 14 into account. account the following — (a) the principles of ecologically sustainable development; (b) that the national protected area should include the range of habitats and ecological communities that distinguish the area; (c) the protected area should be of a size, design and condition that is suitable for its classification. Declaration of a protected area. 33. (1) The Minister may by order declare an area of public lands to be a national protected area — (a) upon the recommendation of the Commission; or (b) if the Minister considers that it is appropriate to make the declaration in order to achieve the objectives of this Act. (2) An order made under subsection (1) shall — , (a) describe the boundaries of the area; (b) apply a classification to the national protected area; (c) include a copy of any map produced following a survey of the area carried ow by or under the authority of the Guyana Lands and Surveys Commission. (3) If there is no map as referred to in subsection 2 (c) the Commission shall, within a reasonable period of time of the Minister's order, ensure that a survey is carried out to establish the boundaries of the protected area. (4) An order made under subsection (1) is subject to any rights that have not been terminated under section 30. 29 No. 141 30 LAWS OF GUYANA [A.D. 2011 PART V AMERINDIAN PROTECTED AREAS Arierindian 34. A Village Council may apply to the Commission for village lands or any part thereof to protected areas. be recognised as an Amerindian protected area. Application for lands. 35. (1) An application shall include the following — (a) a copy of the title to the land; (b) a map of the village lands produced by or under the authority of the Guyana Lands and Surveys Commission; (c) a description of the area to be declared as an Amerindian protected area, including its boundaries and size; (d) the vision, management objectives and proposed classification for the protected area, (c) a description of the management arrangements; (f) a description of any mining or forestry operations that have been authorised on Village lands; (g) an assessment of the biological diversity of the proposed protected area; (h) confirmation that the area is being managed as a protected area; (i) an assessment of the size of the proposed protected area in relation to its conservation objectives; (j) a preliminary assessment of the personnel required for the protected area including personnel for management, research, education and outreach, monitoring and enforcement; (k) proposals for education and training to enable members of the Amerindian village to fulfil the personnel requirements identified; and 31 A.D. 20111 PROTECTED AREAS [No. 14 a village resolution passed at a Village general meeting authorising the Village Council to make the application. (2) The Commission may, at the request of the Amerindian Village Council, provide technical advice and assistance to the Amerindian Village Council on the application. Assessment of the 36. The Commission shall assess the application taking into account the following application factors (a) the biological diversity of the area including species and habitats, migratory, endangered, threatened or vulnerable species, and threats to species or habitats; (h) whether the area is adequate for maintaining biodiversity and ecosystem services including the habitat requirements of species, minimum viable population sizes, connectivity to enable movement of wildlife, natural boundaries; (c) the extent to which the site will contribute to the overall effectiveness of the national protected areas system, including acting as an extension to or buffer zone for a national protected area; (d) the potential for the proposed Amerindian protected areas area to obtain international recognition. Submission of request to Minister. 37. If the Commission is satisfied that the proposed Amerindian protected area is viable the Commission and the Village Council may submit a joint request to the Minister for the Minister to declare the area as an Amerindian protected area and the request shall include the following — (a) the classification proposed for the Amerindian protected area; (b) a copy of the management plan as developed by the Commission and the Village 31 350 THE Uh r RAM, (-11ALE I I [ 32 No. 14] LAWS OF GUYANA [A.D. 2011 Council and approved by the Board; (c) a written agreement between the Commission and the Village Council specifyin g the number of years that the protected area will be an Amerindian protected area; (d) a statement from the Commission that the declaration of the Amerindian protected area will further the objectives of the Act. Right of appeal. 38. (1) If the Commission is not satisfied that the proposed Amerindian protected area is viable the Commission shall notify the Village Council within a reasonable time. (2) The Village Council shall have the right to appeal the decision of the Commission to the Minister. Declaration of Amerindian protected area. 39. (1) The Minister, acting on a request made jointly by an Amerindian Village Council and the Commission, or in his own judgment, may declare an area of village lands to be an Amerindian protected area. (2) An order made under subsection (1) shall — (a) describe the boundaries of the area; (b) state that the area is village land held by the Village Council on behalf of the Amerindian members of that village; (c) state that the sole management authority for the Amerindian protected area is the Village Council; (d) state the classification assigned to the area; (e) include a copy of the map submitted to the Minister. 33 A.D. 2011] PROTECTED AREAS [No. 14 Eligibility for 40. On publication of a notice in the Gazette, an Amerindian protected area becomes eligible funding,. to apply for funding from the Protected Areas Trust Fund. PART VI PROTECTED AREAS MANAGEMENT Objectives of a protected area . 41. The objectives of a protected area are to — (a) conserve biodiversity; (b) safeguard ecological processes; (c) protect migratory, rare, threatened or endangered species; (d) protect the habitats of migratory, rare, threatened or endangered species; (e) protect an area of ecological significance which is vulnerable or threatened. 42. (1) A protected area within the national protected areas system may be classified as — (a) Strict Nature Reserve; (b) Wilderness Reserve; (c) National Park; (d) Natural Monument; (e) Management Area for Habitat or Species ; (f) Protected Landscape or Seascape; or (g) Managed Resource Protected Area. (2) The classification in subsection (1) should be consistent with the Inter national Union for the Conservation of Nature guidelines for applying protected area management categories. 33 Types of protected areas. 34 No. 14] LAWS OF GUYANA [A.D. 2011 Strict Nature Reserve. 43. A Strict Nature Reserve shall — (a) contain outstanding or representative ecosystems or species; (b) be large enough to ensure integrity of its ecosystems and populations of indigenous species; (c) be free of direct human intervention. Management of Strict Nature Reserve, 44. A Strict Nature Reserve must be managed — (a) to preserve habitats, species and ecosystems in as undisturbed states as possible; (b) to maintain biota in a dynamic and evolutionary state; (c) to safeguard established ecological processes; (d) to safeguard any structural landscape features; (e) to minimise disturbance and limit public access. Scientific research 45. Subject to section 44, the management authority may permit non-invasive scientific in Strict Nature research and environmental monitoring in a Strict Nature Reserve. Reserve. Wilderness Reserve 46. A Wilderness Reserve shall — (a) be a large area that is unmodified or only slightly modified and which retains its natural character; (b) contain significant ecological, geological, physiogeographic or other valuable features; (c) be free from permanent human habitation and from significant human habitation. A 35 A.D. 20111 PROTECTED AREAS 11\1o. 14 Management of 47. A Wilderness Reserve shall be managed — Wilderness (a) to preserve the ecological integrity of the area as an intact wilderness; Reserve. (b) to protect the essential natural attributes and qualities of the area. Permitted activities in Wilderness Reserve. 48. Subject to section 47, the management authority may permit the following activities in a Wilderness Reserve — (a) non-invasive scientific research; (b) non-invasive environmental monitoring; (c) public access which is limited, low impact, non-intrusive, non-motorised and does not compromise the quality of the wilderness at the time or for the future. National Park. 49. A National Park shall — (a) contain representative samples of major natural regions, features or scenery; (b) contain one or more ecosystems that are not materially altered by human occupation or exploitation; (c) contain plant and animal species that are of special significance. Management of a 50. A National Park shall be managed — National Park. (a) to protect the ecological integrity of the National Park; (b) to protect the natural or scenic areas in the National Park. Permitted activities 51. Subject to section 50, the management authority may permit the following activities in a in a National Park. National Park — (a) non-invasive scientific research; (b) non-invasive environmental monitoring; 35 36 No. 141 LAWS OF GUYANA [A.D. 2011 public access for educational, cultural, spiritual and other non-material purposes at level and of a type which will maintain the natural condition of Natural Park. Natural Monument. 52. A Natural Monument shall — a) contain one or more specific natural features of outstanding or unique value because of its inherent rarity, representative or aesthetic qualities or cultural significance; (b) be large enough to protect the integrity of each of its natural features Management of 53. A Natural Monument shall be managed to protect its outstanding natural features. Natural Monument. Permitted activities 54. Subject to section 53, the management authority may permit the following activities in a in Natural Natural Monument — Monument. (a) non-invasive scientific research; (b) non-invasive environmental monitoring; (c) public access for educational, cultural, spiritual and other non-material purposes at a level and of a type which will maintain the Natural Monument. Management Area for Habitat or Species. 55. A Management Area for Habitat or Species shall — (a) contain a habitat which is important for the survival of a species or must contain a significant species or both; (b) be an area that requires significant management intervention to ensure the maintenance of the habitat or of the species. 36 37 A.D. 2011] PROTECTED AREAS [No. 14 Protection of 56. A Management Area for Habitat or Species must be managed to protect the habitat and Habitat or Species. specieS and to prevent conflicting human occupation or use. Permitted activities in a Management Area for Habitat or Species. 57. Subject to section 56, the management authority may permit the following activities — (a) non-invasive scientific research; (b) non-invasive environmental monitoring; (c) limited public access for low-impact non-consumptive and non-material visitor enrichment and education. Protected Landscape or Seascape 58. A Protected Landscape or Seascape shall be an area — (a) where the interaction of people and nature over time has produced an area of distinct character with significant aesthetic and ecological value; (b) which contains significant habitats, flora and fauna; (c) demonstrates a harmonious interaction between people and nature as well as unique or traditional land use patterns. Management of 59. The area of Landscape or Seascape shall be managed through traditional processes 1,, Landscape or protect the ecological integrity of the area and the relationship between people and the Seascape. area. Permitted activities 60. Subject to section 59, the management authority may permit the following activities in in Landscape or protected Landscape or Seascape — Seascape. (a) scientific research; (b) environmental monitoring; 37 1 11L %JI 1 38 No. 14] LAWS OF GUYANA [A.D. 2011 (c) recreation; (d) low-level ecologically sustainable activities. Managed Resource Protected Area. 61. A Managed Resource Protected Area must be an area which — (a) contains predominantly natural systems; (b) is managed to provide a sustainable flow of natural products and services to meet local needs while still protecting natural ecosystems and maintaining ecosystem services. Permitted activities in a Managed Resource Protected Area. 62. Subject to section 61(b), the Management authority may permit the following activities in a Managed Resource Protected Area (a) scientific research; (b) environmental monitoring; (c) recreation; (d) low-level eco-logically sustainable activities. Site level 63. (1) The Commission may recommend to the Minister the establishment of a site level authority. management authority for a national protected area. (2) In establishing a site level management authority,, the Commission shall take into account the need for representation by local inhabitants and local conservation organisations. Duties of site level 64. The site level authority shall — authority. (a) make recommendations to the Protected Areas Commission to ensure the prve 39 A.D. 2011] PROTECTED AREA S [No. 14 management of the protected area in a manner that is consistent with — (i) the classification applied to the protected area; (ii) the management plan approved for the protected area; (b) review and provide comments on the management plan, work plan, programmes and budget for the protected area; (c) promote public understanding, appreciation and awareness of the protected area; (d) promote public involvement in decision making processes and activities for the achievement of the objectives of this Act; (e) promote scientific studies, monitoring and research in accordance with the management plan; (f) coordinate and exchange information with other public authorities, Village Councils, non-governmental organisations, international organizations, and other relevant bodies in accordance with the management plan; (g) advise the Commission on developing regulations, standards, guidelines, and procedures to ensure effective management of the Protected Area; (h) provide support and advice to Amerindian Villages associated with the Protected Area to enable them to apply the principles of ecologically sustainable development; (i) provide recommendations to the Commission on the effectiveness of implementation of the management plan. Requirement for a 65. (1) The Commission shall ensure that a management plan is prepared for a national site level protected area. management plan. (2) Where there is a site level management authority for a national protected area the Commission may delegate the preparation of the management plan to that authority. • 39 No. 14] 40 LAWS OF GUYANA [A.D. 2011 Management plan 66. The Village Council shall ensure that a management plan is prepared for an Amerindian for Amerindian protected area. protected area. Preparation of management plan. 67. An authority responsible for preparing a management plan shall take into account the following matters — (a) the principles of ecologically sustainable development; (b) the area's primary ecosystems and the related conservation objectives; (c) the benefit to the national protected areas system and Guyana's natural heritage; (d) conservation of biological diversity, maintenance and restoration of ecosystems and ecological processes, maintenance and restoration of populations of endangered, migratory, threatened or vulnerable species and their habitats; (e) the most appropriate governance structure including the need to involve stakeholders; (f) protection of archaeological sites. Contents of management plan. 68. A management plan for a national protected area, an Amerindian protected area or a privately managed protected area shall contain the following — (a) executive summary; (b) introduction; (c) type of protected area; (d) a description of the protected area; (e) a map showing the location of the protected area; (f) vision and management objectives for the protected area; 40 41 A.D. 2011j PROTECTED AREAS [No. 14 (g) general description of the protected area's biological diversity, habitats and ecosystems; (h) identification and description of conservation targets; (i) actions to ensure the conservation of biological diversity , maintenance and restoration of ecosystems, habitats, populations of endangered, threatened and vulnerable species; (j) actions to ensure the preservation of ecological processes; a procedure for identifying traditional rights and traditional mining privileges; identification and preservation of archaeological sites; a work plan for operations and implementation for the first year at least; a mechanism for monitoring and evaluating the management plan; a budget; a map of the protected area. Other provisions in management plan. 69. A management plan may include — (a) provisions for zoning according to different management needs and uses and conservation objectives; (b) public education, public awareness and outreach; (c) commercial activities that are compatible with the objectives of the protected area and within the protected area's carrying capacity; (d) provision for ecologically sustainable tourism within the protected area or in partnership with local communities; (e) education, training and other provisions to develop local capacity to take advantage of commercial opportunities in and around protected areas; (0 a provision action plan and timetable for obtaining an international designation for • • • NU -0VrrLMWMPlij No. 14] 42 LAWS OF GUYANA [A.D. 2011 the protected area where feasible; (g) any other relevant matter. Consultation for national protected areas. 70. The management authority which is responsible for the management plan for a national protected area shall — (a) put a notice in at least two national newspapers stating where the management plan may be inspected and giving not less than four weeks from the date of publication in the Gazette for members of the public to make comments; and (b) hold at least one public meeting in Georgetown to discuss the management plan. Amerindian communities and Amerindian villages. 71. The management authority responsible for the management plan for a national protected area shall send a notice to each Amerindian community and Amerindian village in the area stating where the management plan may be inspected and giving them not less than four weeks from the date of the notice to make comments on the management plan. Notification of 72. An Amerindian community or Amerindian village which has or which claims traditional rights. rights within a national protected area shall notify the management authority of such rights and the management authority may carry out an investigation in order to verify the existence of such traditional rights. Agreement to protect traditional rights. 73. In order to protect traditional rights the management authority for a national protected area may enter into an agreement with each Amerindian community and Amerindian village which has traditional rights in the national protected area and the agreement may provide for — (a) the use of scientific methodologies to assess the levels at which use is sustainable; A-1 43 A.D. 2011] PROTECTED AREAS [No. 14 Cap. 29:01 (b) systems for monitoring and recording the exercise of traditional rights; (c) systems for reporting any threats to traditional rights including any use or extraction of resources which is not authorised under a traditional right or otherwise pennitted in the management plan; (d) recognition of the spiritual relationship which the Amerindian community or Amerindian village has with the national protected area or any part of it; (e) identification of sacred places and measures to ensure their protection; (f) the management of any archaeological sites identified under section 79; (g) confirmation that the management authority has complied with section 58 (3) (b) of the Amerindian Act. Agreement part of 74. An agreement made under section 73 may be included as a part of the management plan management plan. for a national protected area. Review and update 75. The management authority identified in the management plan shall review the of management management plan regularly and update it every five years. plan. Board Approval. 76. Power of Board. 77. Implementation. 78. A management plan shall be approved by the Board before it is submitted to the Board of Trustees for funding. The Board may approve, amend or reject the management plan as appropriate. A management plan shall not be implemented in a way that is inconsistent with the World Heritage Convention, Convention on Biological Diversity, or other international environmental treaty to which Guyana is a party. 43 362 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 27'" SEPTEMBER, 2011 44 No. 14] LAWS OF GUYANA [A.D. 2011 Archaeological 79. The Commission shall consult the relevant authorities on the preservation of sites. archaeological sites. Consultation with 80. Where an archaeological site has been created by or is attributable to an Amerindian Amerindian village or Amerindian community, the Commission shall consult that Amerindian village community. or Amerindian community and may enter into an agreement with the Amerindian village or Amerindian community as appropriate for the preservation of the archaeological site. Consultation on preservation of site. 81. Where the origin of an archaeological site is unknown or it is attributed to a people that are no longer in existence in Guyana, the Commission may consult the nearest Amerindian village or Amerindian community on the preservation of the site. 82. (1) The Commission shall maintain a register showing — (a) each protected area; (b) archaeological sites. Duty to maintain Register. Art (2) The registers shall be available for inspection by the public during normal working hours of the Commission and copies shall be available at no more than the cost of ' photocopies. Protection of 83. (1) A person who wishes to carry out any scientific, anthropological or archaeological intellectual research in a national protected area shall apply for and obtain in advance — property. (a) a permit from the Commission; (b) all other permits required by law. 44 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — 45 A.D. 2011] Fourth Schedule PROTECTED AREAS [No. 14 (2) A person who undertakes any scientific research or field work at the student or professional level, whether for public, private or academic purposes without complying with subsection (1) commits an offence and is liable to the penalties prescribed in paragraph (a) of the Fourth Schedule. Fourth Schedule (3) A person who carries out any research in a national protected area shall — (a) provide the Commission with a full written report of the findings and a copy of all recordings made; (b) obtain the written consent of the Commission before publishing any results or findings; (c) obtain the written consent of the Commission before seeking to register any patents or other intellectual property rights in respect of material obtained through research conducted in a national protected area as the case may be. (4) The Commission may grant or refuse permission and in granting permission may impose requirements for joint ownership, payment of fees and royalties or other benefit sharing conditions. (5) A person who' %contravenes subsection 3 (a) or (b) is guilty of an offence and liable to the penalties prescribed in paragraph (a) of the Fourth Schedule. 1 r' Fourth Schedule (6) A person who contravenes subsection 3 (c) is guilty of an offence and liable to the penalties prescribed in paragraph (a) of the Fourth Schedule. 46 No. 14] LAWS OF GUYANA [A.D. 2011 (7) Proprietary work shall be held in confidence for a minimum of ten years. PART VII VARIATION OR DECLASSIFICATION OF A PROTECTED AREA Protected Areas boundaries may be varied provided that overall area does not reduce. 84. (1) The Minister may by order vary the boundaries of a national protected area provided that — (a) the Minister is of the opinion that such variation is reasonably necessary in order to achieve the objectives of this Act; and (b) such variation does not reduce the overall area of the national protected area. (2) Before making an order under subsection (I) the Minister shall hold at least one public meeting. Excision. 85. (1) The Minister may by order in the Gazette excise a part(s) of a national protected area provided that: (a). the Minister is acting on the basis of information acquired by the Guyana Geology and Mines Commission after the establishment of the national protected area; (b) the information indicates that there are substantial mineral resources or petroleum deposits; (c) the Minister declares that it is in the public interest to exploit such resources taking into account the principles of ecologically sustainable development; (d) the Minister with responsibility for mining or for petroleum as the case may be declares that it is in the public interest to exploit such resources taking into account the principles of ecologically sustainable development. 46 / A.D. 2011] PROTECTED AREAS [No. 14 (2) Before making a declaration under this section the Minister must publish a notice in at least two national newspapers informing the public of the reason for the excision. (3) If an order is made under subsection (1) the Minister must take reasonable steps to establish another protected area in order to maintain the integrity of the national protected areas system. De-classification of a protected area. 86. (1) The Minister may by order subject to affirmative resolution of the National Assembly declassify a national protected area provided that — (a) the Minister is acting on the basis of information acquired by the Guyana Geology and Mines Commission after the establishment of the national protected area; (b) the information indicates that there are substantial mineral resources or petroleum deposits; (c) the Minister declares that it is in the public interest to exploit such resources takir into account the principles of ecologically sustainable development; (d) the Minister with responsibility for mining or for petroleum as the case may be declares that it is in the public interest to exploit such resources taking into account the principles of ecologically sustainable development; (e) the Minister consults the Board of Trustees in those cases where the national protected area is receiving funding for current activities or has been allocated funding for future activities from the Trust Fund; (f) the Minister consults the public through at least two public meetings; (g) the Minister consults any Amerindian Community or Amerindian Village which l; noted in the register under section 82 as exercising traditional rights in the national 47 48 No. 14] LAWS OF GUYANA [A.D. 2011 protected area. (2) If an order is approved under subsection (1) the Minister shall take reasonable steps to establish another protected area in order to maintain the integrity of the national protected areas system. Repayment of 87. Where a national protected area is declassified the State shall repay to the Protected unspent funds. Areas Trust Fund any funds unspent by the national protected area as the case may be at the time of the declassification. PART VIII PROTECTED AREAS TRUST Establishment of a 88. There is hereby established a Protected Areas Trust as a body corporate. Protected Areas Trust. Board of Trustees - 89. (1) The Protected Areas Trust is governed and administered by a Board of Trustees. nine members. (2) The maximum number of Trustees is nine. Second Schedule Functions (3) The Second Schedule has effect in relation to operational and administrative matters of the Board of Trustees. 90. The functions of the Board of Trustees are — 48 49 A.D. 20111 PROTECTED AREAS [No. 14 (a) to manage the Trust and review and amend as appropriate the annual budget for the Trust; (b) to oversee the management and investment of the Trust Fund; (c) to review requests for funding for protected areas for the national protected areas system in accordance with approved management plans, and make recommendations to the Minister; (d) to set up advisory committees, subcommittees, and other formal and informal arrangements as appropriate to help the Trust carry out its functions under this Act; (e) to make recommendations on matters within the scope of this Act and provide guidance and support to the Executive Director of the Trust on programmes and operations as appropriate; (f) to develop and periodically review and update as necessary a strategic plan for the Trust containing measures that are needed to achieve the objectives of the Act and the financial implications of all actions. Appointment. 91. (1) The Minister may nominate two individuals to the Board of Trustees. (2) The following bodies (nominating bodies) may each nominate one person to the Board of Trustees — (a) the National Toshaos Council; (b) the University of Guyana; (c) the Private Sector Commission; (d) the major donors to the Trust Fund acting collectively. (3) If any of the nominating bodies is unable to agree on a single nominee that body may 49 50 No 14] LAWS OF GUYANA [A.D. 2011 within two months of being invited to make a nomination to the Board of Trustees, submit a list of not more than three names to the Board of Trustees which may select from that list the individual which the Board of Trustees considers to be the best candidate. (4) If the Board of Trustees fails to make a selection within twenty-one days, the Minister may make the selection from the list on behalf of the Board of Trustees. (5) If a nominating body fails to submit a list as required by sub-section (3) above, the Board of Trustees may select an individual from any names submitted to the Board of Trustees by the members of the nominating body. Selection criteria. 92. (1) A nominating body shall take into account the following criteria when nominating an individual — (a) personal integrity; (b) a commitment to the conservation of biological diversity in Guyana; (c) the ability and willingness to promote the Trust Fund and raise funds for it; and (d) at least one of the following — (i) financial and marketing expertise; (ii) high level experience in conservation and management of protected areas; (iii) knowledge and experience in development issues. (2) With the exception of the Trustee appointed by the major donors under section 91, a Trustee must be born in Guyana or be registered as a citizen of Guyana for not less than ten years. 50 51 A.D. 2011] PROTECTED AREAS [No. 14 93. A nominating body shall submit a nominee's name to the Board of Trustees and ti nominee is deemed to be confirmed as a Trustee unless within twenty days of th submission by the nominating body, the Board of Trustees notifies the nominatiu body in writing that the Board of Trustees has rejected the nominee. 94. The first members of the Board of Trustees and every change in membership shall bt published in the Gazette. Approval of nominees. First members of Board. 95. (1) A Trustee who has been appointed by the President may be removed at any time b ) the President by notice in writing to the Trustee. (2) A Trustee who has been nominated by a nominating body may be removed at any time by that nominating body by notice in writing to the Trustee. 96. (1) A Trustee may resign at any time by notice in writing to the Board of Trustees. (2) A Trustee automatically ceases to be Trustee if he becomes bankrupt or makel any composition with his creditors. (3) A Trustee automatically ceases to be Trustee if he — (a) is absent from four consecutive board meetings; (b) is in material breach of any code of ethics developed by the Trust Fund Board; (c) becomes of unsound mind; or (d) fails to declare any circumstances which create or could create a conflict of interest for that Trustee, 51 Removal of Trustee. Resignation, cessation. 52 No. 14] LAWS OF GUYANA [A.D. 2011 and the Board of Trustees passes a resolution terminating that Trustee's appointment. Replacement of 97. (1) If a Trustee is removed in accordance with section 95 the President may appoint a Trustee. new Trustee provided that if the President does not appoint a new Trustee within two months of removing the previous Trustee, the Minister may on behalf of the President appoint a new Trustee to hold office until the expiry of the previous Trustee's term. (2) If a Trustee is removed in accordance with section 95 the nominating body may appoint a new Trustee provided that if the nominating body does not appoint a new Trustee within two months of removing the previous Trustee, the Board of Trustees may appoint the new Trustee to hold office until the expiry of the previous Trustee's term. (3) If a Trustee dies, resigns, or ceases to be a Trustee by operation of section 96, the Board of Trustees shall immediately notify the relevant nominating body which may nominate a new Trustee to hold office for the remainder of the term in which the vacancy arose and if no nomination is made within two months of the notification from the Board of Trustees, the Board of Trustees may appoint a replacement Trustee. Term of appointment of Trustee. 98. (1) The term of an appointment as a Trustee is three years and a Trustee may serve up to two terms in total. (2) Notwithstanding the provisions of subsection (1) the first term of the Trustees appointed under section 91 (2) paragraphs (b), (c) and (d) is limited to two years. 53 A.D. 20111 PROTECTED AREAS [No. 14 Duty to act in the 99. (1) A Trustee shall at all times act in the best interests of the Trust Fund. best interests of the Trust Fund (2) A Trustee who has any interest, directly or indirectly in any matter before the Board of Trustees must disclose the nature of that interest to the Board and shall not take part in any discussions or decisions of the Board with respect to that matter. (3) A Trustee shall inform the Board of any interest in or association with any matter before the Board of Trustees which that Trustee or an immediate family member may have. Remuneration. 100. The Trust may reimburse Trustees for any reasonable expenses properly incurred iii carrying out their duties. PART IX ESTABLISHMENT AND MANAGEMENT OF THE TRUST FUND Establishment of 101. (1) There is hereby established a Trust Fund to provide financing for the nationa: the Fund. protected areas system. (2) The Trust Fund is separate from the funds of the Government and is not a Government asset. (3) The Trust Fund may include the following — (a) income derived from any Trust assets; (b) income derived from the administration of property held by or behalf of Trust; 53 No. 14] LAWS OF GUYANA [A.D. 2011 (c) grants made to the Trust Fund; (d) money or assets lawfully contributed, donated or transferred to the Trust or received by the Trust Fund from any other source; (e) income derived from other lawful sources. (4) The Board of Trustees may establish within the Trust Fund, endowment funds, revolving funds, sinking funds or such other funds as the Board of Trustees may consider appropriate. (5) An endowment fund established by the Board of Trustees is governed by the rules set out in the Third Schedule. Duty to invest. 102. The Board of Trustees must — (a) ensure that the Trust Fund is properly managed and prudently invested in recognised international financial markets; (b) develop investment guidelines for the Trust Fund; and (c) ensure that the Trust Fund has a sufficiently diverse portfolio of investments in different currencies to protect the Trust Fund against market fluctuations in so far as reasonable. Fund Administrator. 103. (1) The Board of Trustees shall appoint a fund administrator to provide investment advice and investment management services. (2) The fund administrator shall — (a) be selected through an open and competitive process; (b) be a body corporate which is registered in its jurisdiction of incorporation as canying on the business of investment advice. 54 55 A.D. 2011] PROTECTED AREAS [No. 14 Earmarking. 104. (1) If any funds are paid to the Trust Fund subject to the condition that they are to b ', used for a particular protected area or to finance a particular component of protected area's management plan the Trust Fund Board shall comply with suci condition. (2) Subject to subsection (1), the Board of Trustees shall allocate funding to the nationa I protected areas system and the individual protected areas in a manner best calculate( to achieve the Trust's purposes. Expenditure. 105. The Trust Fund may pay for the following costs — (a) the costs incurred by the Trust Fund to carry out its functions including staff salarie s: board meetings, office expenses, trustee expenses, and professional service.. including audit, accounting, financial and investment, and legal services; (b) the costs incurred by the Commission to carry out its functions including ste' salaries, board meetings, office expenses, scientific and other studies and assessments, professional services including audit, accounting, financial an h; investment, and legal services and implementation of the system plan; (c) the costs of a national protected area including staff salaries, equipment and maintenance, office expenses, implementation and enforcement of management plans; (d) the costs of implementation and enforcement of a management plan for Amerindian protected area; (e) the costs of any evaluation carried under section 111. 55 56 No. 14] LAWS OF GUYANA 1A.D. 2011 Application for 106. (1) A protected area may apply to the Board of Trustees for funding for a protected area. funding. (2) The application shall be made by the management authority which is responsible for managing the protected area. (3) The application shall include the management plan as developed or approved by the Commission. Accounts. 107. The Board of Trustees shall ensure that proper accounts and other records are kept for the Trust Fund. Audit. 108. (1) The Board of Trustees shall appoint a reputable external independent auditor to audit the accounts of the Trust annually. (2) The auditor shall be qualified for appointment as an auditor in accordance with Cap. 89:01 sectionl 70 of the Companies Act. (3) The Board of Trustees shall make available to the Auditor-General all such documents as the Auditor-General may require in order to carry out his statutory duties. Annual report. 109. The Board of Trustees shall prepare for each financial year of the Trust an annual report containing — (a) information on the Trustees in accordance with the Second Schedule; Second Schedule (b) a review of the Trust's activities for the year including an assessment of whether the 56 57 A.D. 2011] PROTECTED AREAS [No. 14 Trust has met its objectives; (c) a list of all grants made for the year; (d) a summary of administrative expenses; (e) an assessment of the Trust Fund Board's fundraising activities; (f) such as other information as the Trust Fund Board considers to be useful or relevant. Submission of 110. (1) The Board of Trustees shall submit the annual report and accounts to the Minister annual report to within four months of the ending of the year to which they relate. Minister. (2) The Minister shall lay the accounts and annual report before Parliament within 2 months of receiving them from the Trust Fund Board. (3) The Board of Trustees shall make copies of the annual report available to the genera.:" public either free or at no more than the reasonable cost of photocopying. Evaluation. 111. The Minister may appoint a professional and independent evaluator to evaluate th, performance of the Board of Trustees including the extent to which the funding allocations made by the Board of Trustees have achieved the objectives of the nationr: protected areas system. Taxation. 112. The Trust Fund is exempt from all forms of taxation and duties including customs duties stamp duty, consumption tax, capital gains tax, corporation tax, income tax, property tax , purchase tax, motor vehicles taxes, value added tax, licence fees, and any other taxe charges, assessments, levies and imposts on any income or profits or on any ass.-. acquired by the Fund. 57 No. 14] 58 LAWS OF GUYAMA [A.D. 2011 PART X ENFORCEMENT AND OFFENCES IN NATIONAL PROTECTED AREAS Appointment 113. The Commissioner may by appointment in writing appoint any suitable individual as a of park wardens. park warden. Powers of park 114. A park warden has the powers and immunities of a rural constable from the date of his wardens. swearing in as a rural constable. Arrangements with 115. The Commission may enter into arrangements with the Police Force and the Coast Guard Police Force. to ensure effective enforcement of this Act. Protection of biodiversity. Cap. 29:01 116. Any person, except persons under the Amerindian Act, who enters or remains in a national protected area that is a — (a) Strict Nature Reserve; (b) Wilderness Reserve; (c) National Park; (d) Natural Monument; or (e)Management Area for Habitat or Species, other than as permitted by the relevant management authority and on payment of any prescribed fee commits an offence and is liable to the penalties prescribed in paragraph (a) of the Fourth Schedule. Fourth Schedule Penalty for 117. Any person who removes a wild animal (or any part thereof) from a national protected 58 A.D. 2011] PROTECTED AREAS [No. 14 removing wild animal without permission. Fourth Schedule Penalty for killing wild animal without permission. area (unless permitted by the relevant management authority) other than in the exerci., of a traditional right commits an offence and is liable to the penalties prescribed paragraph (b) of the Fourth Schedule. 118. Any person who kills, harms, or injures any wild animal (unless permitted by the relevant management authority) in a national protected area and other than in t e exercise of a traditional right commits an offence and is liable to the penalties prescribe( in paragraph (b) of the Fourth Schedule. Penalty for killing wild animal belonging to an endangered species. Fourth Schedule Penalty for removing wild animal belonging to an endangered species. Fourth Schedule (5) Any person who introduces into a protected area any species which is not an 59 119. Any person who kills or harms in a national protected area any wild animal that belon:J,. to an endangered, vulnerable or threatened species commits an offence and is liable the penalties prescribed in paragraph (c) of the Fourth Schedule. 120. (1) Any person who removes from a national protected area any wild animal or a par it that belongs to an endangered, vulnerable or threatened species commits an offe,.. and is liable to the penalties prescribed in paragraph (c) of the Fourth Schedule. (2) Any person who damages, picks or removes from a national protected area any fic,r? commits an offence is liable to the penalties prescribed in paragraph (a) of the Fo‘.,,th Schedule. No. 14] 60 LAWS OF GUYANA [A.D. 2011 indigenous species, commits an offence and is liable to the penalties prescribed in paragraph (a) of the Fourth Schedule. Penalty for damaging archaeological find or site. Prohibition on mining. Cap, 29:01 121. Any person who destroys, defaces or otherwise damages any archaeological find or any archaeological site commits an offence under paragraph (a) of the Fourth Schedule. 122. Any person, except persons under the Amerindian Act, who mines, quarries, drills or removes any minerals, stone, gravel, earth, sand, or other substances or prospects for such substances in a national protected area commits an offence under paragraph (a) of the Fourth Schedule. Penalty for damaging tree, 123. Except with the permission of the management authority any person who lights any plant or vegetation. fire or clears, burns or otherwise damages any tree, bush, plant or other vegetation commits an offence under paragraph (a) of the Fourth Schedule. PART XI SPECIAL PROVISIONS FOR THE NATIONAL PARKS COMMISSION Repeal of certain provisions of the National Parks Commission Act. Cap. 20.06 124. The provisions relating to the National Parks Commission Act that are provided for in this Act or are inconsistent with the provisions of this Act are repealed. 60 61 A.D. 2011] PROTECTED AREAS [No. 14 Transfer of assets 125. The Minister may by order transfer some of the assets of the National Parks Commission to Commission. to the Commission. PART XII SPECIAL PROVISONS FOR THE rVVOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT Agreements by the 126. The Commission may enter into agreements, memoranda or other arrangements with Commission. the Iwokrama International Centre for Rain Forest Conservation and Development : order to further the objectives of this Act and such agreements, memoranda or °Clic: arrangements may include — (a) development of joint or complementary strategies for research into biologic diversity and the related issue of protection of intellectual property; (b) exchange of information on protected areas management best practice; (c) development of joint or complementary strategies for the recognition 'al- -= protection of traditional rights; (d) joint approaches to identifying, quantifying and seeking payment for ecosystc services. PART XIII MINISTER'S POWERS AND FUNCTION§ Emergency 127. Where in the opinion of the Minister an area of public lands is under the threat of serious protection order. or irreversible harm to or loss of biodiversity or habitat or serious or irreversible harm cO any ecosystem process, the Minister may by an emergency protection order published in 61 62 No. 141 LAWS OF GUYANA [A.D. 2011 the Gazette declare the area to be an interim protected area. When emergency 128. While an emergency protection order is in force no further rights may be granted over Order in force. such lands and any grant or attempted grant is invalid. Investigation by 179. The Commission shall carry out an investigation under this Part and recommend to the the Commission. Minister whether the area should be declared a protected area. Interim protection 130. An interim protection Order expires after six months and may be renewed once Order. for a further six months by the Minister. Regulations. 131, The Minister may make regulations to give effect to the provisions of this Act including: (a) procedures for consultation and stakeholder involvement; (b) standards and procedures for social impact assessments; (c) research permits; (d) access and entry to national protected areas; (e) forms and procedures for Amerindian protected areas; (f) forms and procedures for privately managed protected areas; (g) any other matter to give effect to the provisions of this Act. FIRST SCHEDULE The Board of Directors of the Commission The Board of Directors of the Commission (a) The Board shall elect from its members a Chairman who shall preside at all Board 62 A.D. 2011] PROTECTED AREAS [No. 14 meetings. (b) In the absence of the Chairman the Commissioner shall preside over the Boar= meeting and in the absence of both the Chairman and the Commissioner the member of the Board present and constituting a quorum shall elect one of their number tt preside at that meeting. (c) The Board shall appoint a Secretary who may be a member of the Board. (d) The Board shall meet at such time and at such places as the Board may deternm: provided that the Board shall meet at least once every calendar month. (e) The Secretary shall call a special meeting if requested in writing to do so by ti. Chairman or by the Commissioner or by a majority of the Board. (f) Questions proposed at a Board meeting shall be determined by consensus and in absence of consensus shall be decided by a simple majority. (g) The quorum for a Board meeting is five. (h) A Board member may participate in a Board meeting by telephone or yid,: conferencing if a majority of the other Board members at that meeting agree. (i) The Commission shall reimburse a Board member (other than the Commissioner) travel, accommodation, subsistence and other expenses incurred wholly by t!,:o Board member in the performance his duties as a Board member. (j) A Board member is not liable for any act done or omitted to be done by the Board good faith in the course of carrying out its functions under this Act. SECOND SCHEDULE s. 89 Operating rules for the Board of Trustees of the Trust 63 1 Fill 1 L. L •-/,1 1,1 64 No. 14.1 LA1VS OF GUYANA [A.D. 2011 1. The quorum for a Board of Trustees meeting is five. 2. The Board of Trustees shall hold its meetings in Guyana. 3. The Board of Trustees shall hold its first meeting as soon as practicable after the appointment of a quorum and at that meeting shall — (a) appoint a Chairman; (b) appoint a Vice-Chairman; (c) appoint a Secretary; (d) begin the recruitment process for an Executive Director; (e) begin the process to select a fund administrator or investment manager. 4. The Board of Trustees shall not later than six months from its first meeting hold a second meeting to — (a) adopt an operations manual; (b) authorise the opening of bank accounts; (c) adopt an investment policy; (d) adopt a fund distribution policy. 5. The Board of Trustees shall meet at least twice annually and not more than eight months may elapse between one Board meeting and the next. 6. The Board of Trustees may hold additional meetings as may be necessary in order to carry out its duties properly. 7 The Board of Trustees shall act collectively at all times on the basis of consensus and in the event that the Board is unable to reach a consensus a decision shall be made on the basis of a majority vote. 64 A.D. 2011] PROTECTED AREAS [No. 14 8. Notwithstanding Rule 7 above a change in the investment policy shall be authorised by at least two-thirds of the Trustees. 9. A resolution in writing signed by all of the Trustees for the time being appointed to the Trust Fund is as valid as if it had been passed at a meeting of the Board. 10. The Trustees shall elect a Chairman and Vice-Chairman. 11. The Chairman shall not have a casting vote. 12. The Board of Trustees may establish such committees as the Board considers to be reasonably necessary or beneficial for achieving the objectives of the. Trust and may invite members of the public to serve on such committees on an ad hoc voluntary basis. 13. The Board of Trustees may invite members of the public to serve on ad hoc basis on any committee established under rule 12 above provided that such individuals possess personal integrity and a strong commitment to the conservation of biological diversity in Guyana. 14. The Board of Trustees shall ensure that an annual budget is prepared which shall include — (a) the Trust Fund's operating costs; (b) the amount of funds that are available for support to protected areas; (c) the amount of funds (if any) to be allocated to the SGP. 15. Where the Board of Trustees is authorised to make an appointment under this Act, the Board shall do so in writing. 16. The Board of Trustees shall hire an Executive Director who possesses relevant management experience and skills. 65 00 No. 14] LAWS OF GUYANA [A.D. 2011 17. The duties of the Executive Director include (a) overseeing the day to day operations of the Trust; (b) recruitingiand hiring a financial officer subject to the Board of Trustees' approval; (c) recruiting and hiring such other staff as may be required in the reasonable opinion of the Executive Director; (d) implementing the fundraising strategy; (e) carrying out the decisions and policies of the Board of Trustees; (f) representing the Trust Fund in its dealings with Government, multilateral and bilateral donors, financial institutions and others; (g) supervising the Fund Administrator; (h) overseeing the preparation of the annual reports and budget for presentation to the Board of Trustees. 18. The Board of Trustees may, subject to the provisions of this Act — (a) adopt rules to regulate the proceedings of the Board; (b) adopt a code of ethics for Trustees to follow; (c) develop a fundraising strategy; (d) adopt the investment and expenditure policies of the Fund; (e) adopt policies for staff management, health and safety, the environment and such other policies as the Board of Trustees deems necessary; and (f) fix the terms and conditions for the employment of the Executive Director and other staff. 19. The Board of Trustees shall review and update the investment policy on a 66 U/ A.D. 2011] PROTECTED AREAS [No. 14 regular basis and at least once every five years, taking into account the nee , of the Trust and changes in the investment markets. 20, The Board of Trustees may maintain separate accounts for different protect areas. 21. The Board of Trustees shall open an investment account to be held in sur currencies and in such locations as will ensure the greatest financial semi y and return to the Fund. 22. The Trust Fund shall be operated only by cheque or by written instructic signed by two authorised Trustees or by a Trustee and the ExecutiNic Director. 23. The Board of Trustees shall open and maintain with an approved firmly institution in Guyana listed in rule 27 — (a) a Trust Account; and (b) any other bank accounts as are necessary for proper administration the Fund including compliance with the disbursement obligation!, of the Board of Trustees. 24. The financial year of the Trust is from 1st January to 31st December. 25. The Board of Trustees shall from time to time and not less than once every five years appoint an independent evaluator to assess the effectiveness of the Trust and make recommendations to improve the institutional and financial arrangements. 26. The Board of Trustees may create a consultative body of former bc::,-;1 members which shall have no decision making power but which may be called upon to provide advice and support in enabling the Board to fulfil its 67 68 No. 14! LA WS OF GUYANA [A.D. 2011 obligations under this Act. 27. The following financial institutions are approved for the purpose of rule 23 (a) Bank of Guyana; (b) Demerara Bank Limited; (c) Citizens' Bank; (d) Republic Bank; (e) Scotia Bank; (f) Guyana Bank of Trade and Industry. THIRD SCHEDULE ss. 101 (4) and (5) Endowment Fund Maintenance of capital. . The endowment fund is intended to be invested in order to provide long-term financing for the national protected areas system. 2. The Trust Fund Board must take all reasonable steps to maintain the capital value of the endowment fund. 3. If in any accounting year the contributions to the endowment fund are less than the amount needed to maintain the capital value of the endowment, the. Trust Fund Board may allocate revenue from the Trust Fund, including revenue from the endowment fund, to the capital of the endowment fund provided that any such allocation does not conflict with the terms upon which funding was provided to the Trust Fund. 6g 69 A.D.201 1 .11 PROTECTED AREAS [No. 14 Use of Capital. 4. In the event that the Trust Fund does not have sufficient revenue to meet all of the costs of the national protected areas system, the Board of Trustees may use capital from the endowment fund to cover the costs incurred by the Protected Areas Trust, the Protected Areas Commission and by individual protected areas, but the Board of Trustees shall take all reasonable steps to restore the capital value of the endowment fund as soon as possible. FOURTH SCHEDULE PENALTIES ss. 83, 116, 117,1 119 120, 121,12 ,23 Paragraph Prescribed Penalties (a) A fine of not less than ten thousand dollars nor more than fifty thousand dollars, (b) A fine of not less than seventy thousand dollars nor more than three hundred thousand dollars. (c) A fine of not less than seventy-five thousand dollars nor more than five hundred thousand dollars. A fine of not less than one hundred thousand dollars nor more than seven hundred and fifti, thousand dollars. 69 70 No. 14] LAWS OF GUYANA [A.D. 2011 (e) A fine of not less than four hundred thousand dollars nor more than one million dollars. (f) A fine of not less than five hundred thousand dollars nor more than two million dollars and one hundred thousand dollars per day for continuance of activity with imprisonment for five years for repeating activity after the.second instance. Provide* that where the offender, liable to a prescribed fine under any of the aforesaid paragraphs is a body corporate, the body corporate shall be liable to a fine not less than twice such prescribed maximum line, and where the Gf 151f. liable to a prescribed tem c lmprrsonment under any of the aforesaid oaracyaplis is a body corporJtc.: the body corporate shall liablett0 twice such terra of imprisonment. Passed tlie National 7th July, 2011. ti S.E. tnes, Clerk of the National Assembly. (BILL No. 11/2011 70