Protected Areas Act (No. 9 of 2024)

hr ay h y “: No. 4 of 2024. Protected Areas Act 2024. Certified on; 20 NOV 202k, No. | of 2024. Protected Areas Act 2024. ARRANGEMENT OF SECTIONS. PART I. - PRELIMINARY. Compliance with constitutional requirements, etc. Interpretation “Aggravated offence” “benefits agreement” “biodiversity” “Biodiversity and Climate Fund” “biodiversity offsets” “Business and Biodiversity Offsets Standards” “Committee” “Comprehensive Adequate Relevant Representative Principles” “conservation value assessment” “Conservator of Fauna and Flora” “Council” “cultural heritage” “designated officer” “eco-system services” “free prior informed consent” “general order” “Guide to Protected Area Types in Papua New Guinea 2019” “Incorporated Land Group” “Tand” “Local-level Government Protected Area” “management zones” “Managing Director” “National Heritage Area” “national interest” ‘National Protected Area” “non-avoidable adverse biodiversity impact” “non-monetary” “owner” “Particularly Sensitive Sea Area” “precautionary principle” “Private Protected Area” ‘‘Proportionate precautionary measures” “Protected Area” “Protected Area Network” “REDD+” “Regional hub” 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. “Regional Protected Area” “scientific uncertainty” “stakeholder” “Temporary Protected Area” “Tentative List” “the Act” “the Authority” “the Policy on Protected Areas”’ “Title” “World Heritage Convention”. Act binds the State. Application of this Act. PART I. - PROTECTED AREAS. Development in Protected Areas. Logging and carbon trade in Protected Areas. Property rights. Traditional sacred site. Protected Area on private land. Protected Area on State land. Free prior informed consent. Cooperation and dispute resolution. Restraint on trade. PART III. - PROTECTED AREAS GOVERNANCE AND MANAGEMENT. Division I. - Institutional Arrangements. National Conservation Council. Appointment of Members of the Council. Committee. Objectives of the Council. Powers and functions of the Council. Environment and timber permits. Managing Director of the Authority. Designated officer. Division 2. - Categories of Protected Areas. Categories of Protected Areas. Temporary Protected Areas. Special Management Areas. Biodiversity offsets. Regional Protected Areas. Local-level Government Protected Areas. Division 3. - Management of Protected Areas. Management of Protected Areas. ii Reporting for Regional Protected Area. Protected Area Network Register. PART IV. - SUSTAINABLE LIVELIHOODS FOR COMMUNITIES. Sustainable livelihoods for communities. Duty of the Managing Director. Fair and Sustainable Management Arrangements. Protected Areas Livelihoods Committee. Objectives of the Livelihoods Committee. Functions of the Livelihoods Committee. PART V. - EFFECTIVE AND ADAPTIVE BIODIVERSITY MANAGEMENT. Protected Area Network. Management plan. Management planning. Review of management plan. Review of business plan. Development of guidelines. Management zones. Managing natural integrity, cultural heritage, infrastructure and equipment. PART VI. - MANAGING THE PROTECTED AREA NETWORK. Management guidelines. Targets for Protected Area Network. Existing Protected Area. New Protected Area. Proposals for new Protected Areas. National Protected Areas. Regional Protected Areas. Local-level Government Protected Areas. Customary Landowner Protected Areas. Registration of Protected Areas. Deregistration of Protected Areas. Appeal Procedure. Review of Protected Areas. PART VII. - FINANCE FOR PROTECTED AREAS. Finance. Biodiversity and Climate Fund. Small grants. Conservation Benefit Sharing Agreements. Request to review agreed terms. Annual report. Audit. Certificate of audit. iii 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. PART VIII. - MISCELLANEOUS. Division I. - Power to Request for Information. Request for information. Division 2. - Remedies and Sanctions. Right to commence legal action. Precautionary principle. Duty not to cause damage. Protected Area in peril. Appointment of designated officer. Expertise of designated officer. Division 3. - Offences. General offence. Aggravated offence in a Protected Area. Prospecting. Destruction and pollution. Environmental damage. Maritime offence. Marine pollution offence. PART IX. - REPEAL AND TRANSITIONAL PROVISIONS. Repeal. Transitional and savings provisions. Actions, etc., not to abate. Regulation. SCHEDULE 1. SCHEDULE 2. SCHEDULE 3. ~iv “SDua New’ Gace” No. 1 of 2024. AN ACT entitled Protected Areas Act 2024, Being an Act to (a) manage the Protected Area Network, Protected Areas and the Protected Area policy; and (6) conserve and replenish the biodiversity of (i) the environment, plant and animal life; and (ii) land and its sacred, scenic and historical qualities in Papua New Guinea for the benefit of ourselves and future generations; and (c) conserve the natural environments and cultural heritage subject to any zoning, declaration or registration of a Protected Area; and (d) repeal the Conservation Areas Act (Chapter 362) and Fauna (Protection and Control) (Chapter 154), and for other related purposes, MADE by the National Parliament to come into operation in accordance with a notice published in the National Gazette, by the Head of State, acting with, and in accordance with, the advice of the Minister. PART I. - PRELIMINARY. 1. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS, ETC. (1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely (2) (5) (c) (@) (e) () (g) (A) the right to liberty of the person conferred by Section 42; and the right to freedom from arbitrary search and entry conferred by Section 44; and the right to peacefully assemble and associate and to form or belong to or not belong to associations conferred by Section 47; and the right to freedom of employment conferred by Section 48; and the right to privacy conferred by Section 49; and the right to freedom of information conferred by Section 51; and the right to freedom of movement conferred by Section 52; and the right to protection from unjust deprivation of property conferred by Section 53, of the Constitution, is a law made for the purpose of complying with Section 38 of the Constitution, and taking into account the National Goals and Directive Principles (including, in particular, the goal that Papua New Guinea should amongst other things, be economically self reliant) and to achieve the Basic Social Obligations for the purposes of giving effect to the public interest including, in particular, the promotion of public welfare, public health (including animal and plant health) and the development of under privileged or less advance groups or areas); and (i) in order to protect the rights and freedoms of others; and Protected Areas (j) | to make provision for cases where the exercise of one such right may conflict with the exercise of another, to the extent that the law is reasonably justifiable in a democratic society having proper respect or regard for the rights and dignity of mankind. (2) For the purposes of Section 41 of the Organic Law on Provincial Governments and Local-level Governments, it is declared that this Act relates to a matter of national interest. (3) This Act to the extent that it causes or permits the compulsory taking of any property or of any interest in or right over property referred to in Section 53 of the Constitution, is a law to which the property is required for the public purpose of, or the reason of facilitating or regulating all matters relating to protected areas and any acquisition of such property is for a public purpose and reasonably justified in a democratic society that has proper regard for the rights and dignity of mankind. (4) This Act to the extent that it provides for consultation between persons or bodies, is a law made to give effect to Section 255 of the Constitution to ensure that all consultations are meaningful and allow for a genuine interchange and consideration of views. 2. INTERPRETATION. In this Act, unless the contrary intention appears “A geravated offence” means an offence under Section 74; “benefits agreement” means the conservation benefits sharing agreement under Section 61; “biodiversity” means any variety of organic plant, animal life and the variability among living organisms from all sources including (a) terrestrial, marine and other aquatic ecosystems; and (b) bacteria; and (c) fungi or protests; and (d) ecological complexes of which they are part; and (e) diversity within species and ecosystems; “Biodiversity and Climate Fund” means the fund established under Section 59; “biodiversity offsets” means the environment compensation mechanism under Section 25; : “Business and Biodiversity Offsets Standards” means (a) the standard on biodiversity offsets that enables clear and transparent assessment and reporting of progress in the application of the mitigation hierarchy; and (b) the design and implementation of biodiversity offsets consistent with the Business and Biodiversity Offset Programme principles; “Committee” means the Committee established under Section 16; “Comprehensive Adequate Relevant Representative Principles” means the network of Protected Area systems that is comprehensive, adequate and developed with an emphasis on the relevance to the community, resilience to climate change and future viability; “conservation value assessment” means the assessments conducted as part of high conservation value to identify important environmental and social values, the value worth of sparing or preserving objects, including natural resources; “Conservator of Fauna and Flora” means the person appointed to be a Conservator of Fauna and Flora under Section 14 of the Fauna (Protection and Control) Act (Chapter 154); Protected Areas “Council” means the National Conservation Council established under Section 14; and “cultural heritage” means all aspects of indigenous cultures both tangible and intangible including an object or place of aesthetic, historical, scientific, social, spiritual or other value; “designated officer” means an officer appointed in accordance with Section 71; “eco-system services” means a natural process and part of the environment that supports and includes the ability of trees and forests to photosynthesise and secure fresh water; “free prior informed consent” means the consent under Section 11; “general order” means a written instruction by the Managing Director consistent with this Act; “Guide to Protected Area Types in Papua New Guinea 2019” means the Guideline developed by Conservation Environment and Protection Authority in 2019; “Incorporated Land Group” means an Incorporated Land Group under the Land Groups Incorporation Act (Chapter 147); “land” means land as defined under the Land Act 1996; “Local-level Government Protected Area” means a Protected Area authorised by a Local-level government law in accordance with Section 52; “management zones” means a geographic area in a Protected Area detailed in the management plan and signed by landowners and the Authority; “Managing Director” means the Managing Director of Conservation and Environment Protection Authority; “National Heritage Area” means a site, place or region of outstanding natural or cultural significance that conforms to the International Union for the Conservation of Nature Category III; “national interest” means an interest consistent with this Act, the laws of Papua New Guinea and Papua New Guinea’s obligations under an international law; “National Protected Area” means a National Protected Area in Section 50; “non-avoidable adverse biodiversity impact” means any biodiversity impact that causes adverse impact to the biodiversity; “non-monetary” means not relating to money or consisting of money; “owner” means the person who holds the title to a Protected Area; “Particularly Sensitive Sea Area” means an area that needs special protection through action by International Maritime Organisation because of its significance for recognised ecological, socio-economic and scientific reasons which may be vulnerable to damage by international maritime activities; “precautionary principle” means the principle used to provide precautionary measures when scientific evidence on an environment or human health harm is uncertain and may prove disastrous; “Private Protected Area” means a Protected Area under Section 9; “Proportionate precautionary measures” means the concept of balance that is maintained between economic development and environmental protection; ‘Protected Area” means a Protected Area under Section 22(1); “Protected Area Network” means the network described in Section 37; “REDD+” means efforts to reduce emissions from deforestation and forest degradation, and foster conservation, sustainable management of forests, and enhancement of forest carbon stocks; “Regional hub” means an agreement, procedure or physical office established under Section 26(2); “Regional Protected Area” means a Regional Protected Area established under Section 51; Protected Areas “scientific uncertainty” means when there is uncertainty in the scientific process, it relates to statistical uncertainty, natural variability, or true uncertainty; “stakeholder” means any person or agency that has interest in the work on protected areas or related; “Temporary Protected Area” means a Temporary Protected Area under Section 23; “Tentative List” means a list of properties submitted by the Independent State of Papua New Guinea to the UNESCO World Heritage Committee, in accordance with the World Heritage Convention and its Operational Guidelines; “the Act” means this Act and includes the Regulations; “the Authority” means the Conservation and Environment Protection Authority established under the Conservation and Environment Protection Authority Act 2014; “the Policy on Protected Areas” means the government publication cited as Independent State of Papua New Guinea (2014) Policy on Protected Areas, Conservation and Environment Protection Authority, October 2014, National Capital District Papua New Guinea; “Title” means title as defined under the Land Act 1996; “World Heritage Convention” means the Convention which protects the World Cultural and Natural Heritage adopted by the General Conference of UNESCO on 16 November 1972. 3. ACT BINDS THE STATE. This Act binds the State. 4. APPLICATION OF THIS ACT. (1) The interpretation and application of this Act, as far as lies in the respective powers of all government bodies, shall apply and give effect to (a) the fourth National Goals Directive Principles; and (5) the Five Pillars of the Protected Area Network in Schedule 1; and (c) the Maritime Zones Act 2015; and (d) the Paris Agreement (Implementation) Act 2016; and (e) the treaties and agreements on Protected Areas that are given force of law in Papua New Guinea by virtue of this Act, including (i) the Convention on Biological Diversity 1992, additional amendments and protocols thereto that have been ratified by Papua New Guinea; and (ii) the World Heritage Convention; and (iii) the Torres Strait Treaty; and (iv) international conservation principles and management standards set out in the Regulations and listed in the Schedules including, but not limited to the International Union for the Conservation of Nature Protected Areas Management Categories; and (f) the principle of inter-generational equity; and (g) any other law of Papua New Guinea which provide for such principles. (2) This Act shall be interpreted and implemented in accordance with the United Nations Paris Agreement (Implementation) Act 2016 and the Climate Change (Management) Act 2015. Protected Areas PART II. - PROTECTED AREAS. 5. DEVELOPMENT IN PROTECTED AREAS. (1) The Authority may allow a development within a Protected Area in special circumstances if the development (a) is for community benefit; and (b) shall cause minimal changes to the Protected Area. (2) An economic return from the developments within a Protected Area must be of a higher economic value than the economic value of the natural and cultural heritage which would be lost. 6. LOGGING AND CARBON TRADE IN PROTECTED AREAS. (1) A development in a forested area of a Protected Area shall not commence unless the Authority grants approval in consultation with (a) the Papua New Guinea National Forest Authority, if development is related to logging; or (b) the Climate Change and Development Authority if development is related to carbon trade or a REDD+ project. (2) A development in Subsection (1) shall commence through a written agreement between the owner of a Protected Area and the relevant state authority. 7. PROPERTY RIGHTS. (1) A property owner shail not surrender any property rights over a Protected Area without the owner’s free prior informed consent. (2) Where a property right has been seized, the developer shall pay adequate compensation to property owners upon seizure. (3) The owner’s rights include property rights under customary law or an act of Parliament including but not limited to (i) the Mining Act 1992; and (11) the Oil and Gas Act 1998; and (iii) the Forestry Act 1991; and (iv) the Fisheries Management Act 1998; and (v) the Climate Change (Management) Act 2015; and (vi) the Paris Agreement (Implementation) Act 2016. (4) Nothing in this Act affects any property right acquired before the coming into force of this Act. 8. TRADITIONAL SACRED SITE. (1) The Local-level Government shall, in consultation with (a) Ward Committee; or (5) District Development Committee, identify a traditional sacred site and declare the traditional sacred site, as a Protected Area. Protected Areas (2) The landowning clan and chief must, in consultation with the Village Court Magistrate, identify the boundaries and description of a traditional sacred site. 9. PROTECTED AREA ON PRIVATE LAND. (1) A Protected Area on private freehold land shall be established through a written agreement between the land title holder and the relevant state agency. (2) Nothing in this section invalidates any written agreement to conserve private land. 10. PROTECTED AREA ON STATE LAND. (1) Subject to Section 39 of the Conservation and Environment Protection Act 2014, the Authority (a) has exclusive control of a National Protected Area; and (b) may hold land in trust for a Regional Protected Area; and (c) may transfer land title held in trust to an authorised person or body to manage a Protected Area. (2) The Authority holds indefeasible title rights over Protected Areas on State Land. (3) A Protected Area under the exclusive control of the Authority may not be transferred to any person without the consent of the National Executive Council. (4) The Authority shall transfer a Protected Area to another person consistent with the consent under Subsection (3) by way of an agreement which shall be (a) inwriting; and (6) made with free prior informed consent; and (c) made with advice or representation from a qualified legal practitioner. 11. FREE PRIOR INFORMED CONSENT. A person is deemed to give free prior informed consent when (a) information is provided before an independent decision is made; and (5) the person can adequately understand the information provided; and (c) the person’s consent is written in simple layman’s words; and (d) the person has capacity to understand the information provided; and (e) the person has ability to form a reasonable judgment based on the information provided; and (f) the person makes a decision without coercion, manipulation or undue influence; and (g) professional advice is provided especially the advice of a qualified legal practitioner where legal issues are involved. 12, COOPERATION AND DISPUTE RESOLUTION. (1) Disputing parties shall resolve a dispute over a Protected Area through a dispute resolution. (2) A dispute resolution shall be conducted as a mediation under the Arbitration Act (Chapter 46) and the mediator shall ensure that (a) all aggrieved parties cooperate to resolve the dispute amicably; and (5) all parties are notified of the mediation in a timely manner; and 6 () Fo. Protected Areas the science-base of priority Protected Areas with economic value is safeguarded. (3) Where a dispute arises as to interests in customary land or customary land boundaries, the dispute shall be settled in accordance with the Land Disputes Settlement Act (Chapter 45). 13. RESTRAINT ON TRADE. The common law rule of unreasonable restraints on trade does not apply to Protected Areas. PART IIL. - PROTECTED AREAS GOVERNANCE AND MANAGEMENT. Division 1. - Institutional Arrangements. 14. NATIONAL CONSERVATION COUNCIL. (1) A National Conservation Council is established. (2) The Council shail consist of the following members: (2) (6) 0) the Conservator of Fauna and Flora ex-officio, or his nominee, who shall be the Chairperson and head of the sustainable environment programs of the Authority, or his nominee; and the Director or Acting Director of the National Museum and Art Gallery ex-officio, or his nominee; and the Managing Director or Deputy Managing Director of the Climate Change and Development Authority ex-officio, or his nominee; and the departmental head or the Physical Planner of the department responsible for lands and physical planning matters, ex-officio, or his nominee; and an expert in conservation, biology (marine and terrestrial) and maintenance of the eco-system with good standing in the local community; and an expert in environmental policy or law with good standing in the community; and an expert in forestry with good standing in the community; and an expert in fisheries and marine resource management with good standing in the community; and a nominee of the Papua New Guinea Chamber of Mines and Petroleum who is an expert in mining and petroleum with good standing in the community. 15. APPOINTMENT OF MEMBERS OF THE COUNCIL. (1) The National Executive Council shall appoint the members referred to in Section 14(2)(e), (/), (g), (A) and (i) and the appointment shall be published in the National Gazette. (2) The Committee under Section 16 shall submit a list of not less than 10 persons to the National Executive Council to make an appointment under Subsection (1). 16. COMMITTEE. There shall be a Committee comprising of the following members: (4) (5) (c) the departmental head of the department responsible for justice matters; and the Conservator of Fauna and Flora; and the President of the Papua New Guinea Council of Churches; and Protected Areas (d) the President of the Business Council of Papua New Guinea; and . (e) aperson nominated by the National Alliance of Non-Governmental Organisation. 17. OBJECTIVE OF THE COUNCIL. The Council shall exercise its powers and perform its functions under this Act to achieve the following objectives: (a) to manage, develop and protect the Protected Area; and (b) to conserve, restore and enhance the environment; and (c) to increase Papua New Guinea’s participation in the wise use and development of the environment for present and future generations. 18. POWERS AND FUNCTIONS OF THE COUNCIL. The Council shall have the following powers and functions: (a) to provide recommendations and advice to the Minister on matters referred to by the Minister; and (b) to provide recommendations and advice to the Managing Director on matters referred to by the Managing Director; and (c) to provide advice to the Minister on the making of conservation policies; and (d) to report to the Minister on any matter relating to (i) the administration of this Act; and (11) the administration of the Protected Areas Network; and (e) to endorse the criteria for areas to be recommended as Protected Areas; and (f) | to consider and endorse proposals for the establishment of National Protected Areas prior to the Minister’s approval; and (g) to advise the Minister on the formulation of legal instruments necessary to implement the National Protected Area policy; and (h) endorse the annual report of the Authority concerning the implementation outcomes. 19. ENVIRONMENT AND TIMBER PERMITS. (1) An environment permit issued under the Environment Act 2014 or a timber permit issued under the Forestry Act 1991 shall not be issued unless (a) the Managing Director acting on the advice of the Council, decides otherwise; or (b) at least 10 percent of the area to be harvested shall be excluded from harvesting and set aside for conservation. (2) Any area set aside under Subsection (1)(5) shall be (a) outlined in a map; and (6) administered by the Authority, as a Protected Area. (3) Unless the Managing Director acting on the advice of the Council decides otherwise, any land conversion for (a) agriculture using a high conservation value assessment; or (5) forest clearance in excess of one thousand hectares, shall (i) set aside at least 10 percent of its total logging area as a biodiversity corridor; and Protected Areas (ii) be delineated ina map; and (iii) be administered by the Authority. 20. MANAGING DIRECTOR OF THE AUTHORITY. (1) The Managing Director of the Authority is responsible for the Protected Area Network. (2) The Managing Director has the power to approve a proposal for a Protected Area. 21. DESIGNATED OFFICER. (1) The Managing Director shall appoint a designated officer under Section 71 to monitor a Protected Area. (2) The Managing Director or the head of the Conservation Division shall be a designated officer in the absence of an appointment under Subsection (1). Division 2. - Categories of Protected Areas. 22. CATEGORIES OF PROTECTED AREAS. (1) The types of Protected Areas are as follows: (a) National Protected Areas (i) National Parks; and (ii) National Heritage sites; and (iii) Special Management areas; and (iv) National Maritime sanctuaries; and (b) Regional Protected Areas (4) Community Conservation Area; and (ii) Local Managed Marine Area; and (iii) Local Managed Conservation Areas; and (iv) Private terrestrial and marine Protected Areas; and (c) Protected Areas with sustainable forest management; and (d) Special Management Areas specified by the Managing Director in accordance with Section 24. (2) A Regional Protected Area geographically located between two or more Provinces shall be managed as a National Protected Area unless the Authority enters into an agreement with the respective provincial governments. 23. TEMPORARY PROTECTED AREAS. (1) Subject to Section 22, the Managing Director may establish a Temporary Protected Area of no less than 10 percent of the total area designated as very high-priority terrestrial wetlands or marine environment in consultation with the Conservator of Fauna and Flora. (2) The Managing Director may make general orders for annual budgets and management plans for Temporary Protected Areas. 24, SPECIAL MANAGEMENT AREAS. (1) The Managing Director shall, with the advice of the Council, establish a Special Management Area to protect (a) specific species; or (b) endangered species; or (c) (d) (e) (fh (g) Protected Areas eco-systems; or. terrestrial landscapes; or marine landscapes; or Temporary Protected Areas; or an area protected as a biodiversity offset. (2) The Authority shall, acting on the advice of the Council in cooperation with the relevant person or agency, provide immediate protection of a special management area for a period of five years, unless renewed in accordance with this Act. 25. BIODIVERSITY OFFSETS. (1) The Authority shall provide a system of biodiversity offsets consistent with the Environment Act 2000 (a) to measure conservation outcomes in Papua New Guinea; and (b) to compensate any significant non-avoidable adverse biodiversity impact, arising from an existing or proposed industrial development project; and (c) address the residual impact of a project; and (d) set a target to achieve (i) no net loss of biodiversity; and (ii) anet gain of biodiversity; and (e) shall be achieved with the free prior informed consent of the customary landowners, where customary land is concerned. (2) Subject to Subsection (1), the Managing Director may, on the advice of the Council, establish a special management area as a biodiversity offset for a period of 10 years. (3) A special management area biodiversity offset shall be established (a) through the prescribed form under Schedule 3; and (6) in compliance with the Business and Biodiversity Offset Standards. (4) Where the Managing Director requires a Protected Area to be established as a biodiversity offset (a) adequate notice shall be given to all stakeholders; and (b) consultations shall be held with all stakeholders agreeing on an offset broker to assist in the consultation process; and (c) where the consultation process does not reach an agreement the Managing Director may appoint a mediator to resolve the disagreement; and (d) the mediator shall be appointed as an arbitrator under the Arbitration Act (Chapter 46); or (e) if there is no agreement between the stakeholders on the appointment of an arbitrator, an arbitrator shall be appointed by the President of the Law Society of Papua New Guinea. 26. REGIONAL PROTECTED AREAS. (1) Subject to Sections 40 and 50 of the Maritime Zones Act 2015, a Provincial Government may, in consultation with the Authority, establish a Protected Area over a provincial park; and reserve; and scenic; and scientific centre; and marine cultural heritage area. 10 Protected Areas (2) The Authority shall, in consultation with Provincial Governments, establish four Regional Hubs in the Highlands, New Guinea Islands, Momase and Southern Regions to assess proposals for Protected Areas. (3) Proposals for a Regional Protected Area described under Section 22(1)(b) shall be approved in accordance with provincial laws and published in a provincial gazette. 27. LOCAL-LEVEL GOVERNMENT PROTECTED AREAS. Subject to Sections 40 and 50 of the Maritime Zones Act 2015, a Local-level Government may, in consultation with the Authority, establish a Protected Area for the protection (a) of the local environment; and (6) of cultural heritage places; and (c) of traditional sacred sites. Division 3. - Management of Protected Areas. 28. MANAGEMENT OF PROTECTED AREAS. (1) The Authority shall manage the National Protected Areas. (2) A Regional Protected Area such as (a) aCommunity Conservation Area; and (6) aLocal Marine Area; and (c) aLocal Terrestrial Area; and (d) a Private Protected Area, may be managed by (e) aProvincial Government; or (f) aLocal-level Government; or (g) acorporation; or (h) aperson; or (i) an Incorporated Land Group; or (j) |acustomary landowning group. 29. REPORTING FOR REGIONAL PROTECTED AREA. (1) The Managing Director shall, in agreement with stakeholders, determine and designate the obligation and level of reporting appropriate (a) for Community Conservation Areas; and (6) for Locally Managed Marine Areas; and (c) for Locally Managed Conservation Areas; and (d) for Protected Areas on private land. (2) The Authority may inspect any Regional Protected Area for the purposes of compliance with the obligation to report. (3) The Authority may assume such powers of control over a Regional Protected Area as are necessary to ensure compliance with the obligation to report. 30. PROTECTED AREA NETWORK REGISTER. (1) The Authority shall keep a Register of all declared Protected Areas including an online Register that is accessible to the public. (2) The Authority shall without delay register any document that establishes a Protected Area in accordance with this Act. l1 Protected Areas (3) The Authority shall register a (a) National Park Protected Area previously established under the National Parks Act (Chapter 157) as a National Park; and (b) Marine Protected Area previously established under the Fisheries Management Act 1998 as a National Marine Protected Area; and (c) National Heritage Protected Area previously established under the National Parks Act (Chapter 157) as a Memorial Park; and (d) Community Conservation Area previously established under the National Parks Act (Chapter 157) as a Provincial Park; and (e) Community Conservation Area previously established under the Conservation Areas Act 1978 as a Conservation Area; and (f) Community Conservation Area previously established under the Fauna (Protection and Control) Act 1966 as a Wild Life Management Area; and (4) Subject to Section 47, a Locally Managed Marine Area previously established under the Organic Law on Provincial and Local-level Governments may be registered as a Locally Managed Marine Protected Area. (5) The Managing Director may publish a (a) National Protected Area in the Protected Area Network in the National Gazette; and (b) Regional Protected Area in the Provincial Gazette. PART IV. - SUSTAINABLE LIVELIHOODS FOR COMMUNITIES. 31. SUSTAINABLE LIVELIHOODS FOR COMMUNITIES. The Authority and all contractual parties to a Protected Area shall have a shared responsibility to facilitate capacity-building training and infrastructure developments for the sustainable livelihood of communities in the Protected Area. 32. DUTY OF THE MANAGING DIRECTOR. Notwithstanding Part VI, the Managing Director shall, in consultation with the Council and all contractual parties, ensure that adequate financial arrangements are made for the management of a Protected Area. 33. FAIR AND SUSTAINABLE MANAGEMENT ARRANGEMENTS. All local management arrangements for the use and benefit of natural resources or eco-system services regarding distributions of surpluses (a) shall be fair and sustainable; and (b) must include all persons of gender, race and age. 34. PROTECTED AREAS LIVELIHOODS COMMITTEE. (1) A Protected Areas Livelihoods Committee is established. (2) The Committee shall consist of (a) the Departmental Head responsible for treasury matters, or his nominee; and (b) the Departmental Head responsible for national planning and monitoring matters, or his nominee; and (c) the Managing Director who shall be the Chairperson of the Committee, or his nominee; and (d) the Managing Director of Papua New Guinea Forest Authority, or his nominee; and 12 Protected Areas (e) the Managing Director of National Fisheries Authority, or his nominee; and (ec) the Managing Director of Climate Change and Development Authority, or his nominee. 35. OBJECTIVE OF THE LIVELIHOODS COMMITTEE. The objective of the Committee is to assist the Authority to facilitate funding and human resources for the sustainable livelihood of communities in Protected Areas. 36. FUNCTIONS OF THE LIVELIHOODS COMMITTEE. (1) The Committee shall have the following functions: (a) to oversee, coordinate and facilitate funding for the effective implementation of Pillar 2 of the livelihoods policy; and (b) to coordinate the procurement of finance and resources; and (c) to coordinate arrangements for Conservation Benefit Sharing Agreements. (2) The procurement of finances and resources shall be for residents in the Protected Areas for the following purposes: (a) employment and training; or (b) education; or (c) awareness; or (d) small and medium local businesses, or (e) compensation benefits for eco-services; or (f) agriculture-based activities. (3) The funds of the Committee shall be held in the Biodiversity and Climate Fund for its intended use in accordance with this Act. PART V. - EFFECTIVE AND ADAPTIVE BIODIVERSITY MANAGEMENT. 37. PROTECTED AREA NETWORK. (1) The Authority shall provide for (a) Standard Operating Procedures for Protected Area management to be (i) transparent; and (ii) accountable; and (iii) adaptive; and (iv) responsive to owners needs; and (v) responsive to occupational health and safety; and (b) Standard Operating Procedures for adaptive and effective biodiversity and cultural heritage management; and (c) amanagement cycle. (2) The Authority shall review existing Standard Operating Procedures considering (a) the effects of climate change on eco-systems within or adjacent to a Protected Area; and (b) other cultural activities. 38. MANAGEMENT PLAN. (1) A developer, a Management Committee or any other relevant persons in all Protected Areas shall submit a Management Plan to the Authority for approval. (2) The Managing Director shall allow a 90 days objection period from the date a Management Plan is submitted for any objections from the public. 13 39. 40. 41. 42. 43. 44, Protected Areas (3) The Management Plan shall be deemed approved by the Managing Director if no objection is raised within the objection period. MANAGEMENT PLANNING. The Authority shall establish a Protected Area Management Committee (a) (0) to oversee and monitor Management Plans; and to facilitate a dynamic planning process amongst stakeholders regarding (i) adequate public notification of plans; and (ii) inclusion of women’s voices; and (iii) consensus amongst all stakeholders; and to develop and oversee a conflict resolution process, and to initiate reviews of plans when due; and to develop guidelines for the sustainable use of resources in Protected Areas; and to develop guidelines for the establishment of the names and types of management zones. REVIEW OF MANAGEMENT PLAN. The Authority shall conduct a public review on a Protected Area’s Management Plan under Section 38 and other plans every five years. REVIEW OF BUSINESS PLAN. The Authority shall review its business plans annually. DEVELOPMENT OF GUIDELINES. The Authority shall develop (a) guidelines for the sustainable use of resources in a Protected Area; and (b) zoning guidelines in accordance with the Land Act 1996. MANAGEMENT ZONES. (1) The Authority shall provide (a) for asystem of permanent or temporary management zones to come into effect on date of publication in either the National and Provincial Gazette following the approval of a management plan; and (b) for social mapping before zoning; and (c) for the consent of customary landowning groups. (2) The management zones shall be conducted in accordance with the (a) Land Act 1996 for Protected Areas on land; and (b) Maritime Zones Act 2015 for Protected Areas on sea. MANAGING NATURAL INTEGRITY, CULTURAL HERITAGE, INFRASTRUCTURE AND EQUIPMENT. The Authority shall manage Protected areas (2) (5) (c) @) to maintain a full range of natural biological diversity across the Protected Area Network; and ' to maintain natural ecological processes and dynamic nature in the landscape and seascape; and to analyse risks, threats to biological diversity and natural ecological processes across the Protected Area Network; and to maintain an asset register of all equipment, facilities and infrastructure for Protected Areas; and 14 Protected Areas (e) to fund equipment and infrastructure for Protected Areas; and (f) to audit equipment and infrastructure; and . (g) to protect cultural sites located within or without a National Heritage Area; and (h) to address social values and education opportunities for residents of a Protected Area. PART VI. - MANAGING THE PROTECTED AREA NETWORK. 45. MANAGEMENT GUIDELINES. The Authority shall provide management guidelines for the Protected Area Network including (a) guiding principles; and (b) categories of Protected Areas specified in Section 22; and (c) Comprehensive Adequate Relevant Representative Principles Care for building the Protected Area Network; and (d) future feasibility studies. 46. TARGETS FOR PROTECTED AREA NETWORK. The Authority shall, in consultation with the Council, establish annual targets in compliance with the Convention on Biological Diversity for development plans within a Protected Area. 47. EXISTING PROTECTED AREA. (1) Existing Protected Area shall be registered in the Papua New Guinea Protected Area Network Register within the first five years of this Act coming into force in accordance with Section 29. (2) An existing Protected Area declared under a law repealed by this Act shall be listed in Schedule 2. (3) The Managing Director shall, upon advice from the Council (a) cancel an existing Protected Area; or (b) alter its environmental biodiversity values, to conform with this Act. (4) The Managing Director shall notify relevant parties affected before cancelling or altering an existing Protected Area so that the parties shall be given a reasonable time to object. (5) A person aggrieved by the cancelation or alteration of an existing Protected Area shall (a) request the Authority to review the decision; and (b) appeal to the National Court if aggrieved by the review. 48. NEW PROTECTED AREAS. The Managing Director shall, in consultation with the Council, establish the selection and assessment criteria for establishing a new Protected Area which shall be in accordance with the Guide to Protected Area Types in Papua New Guinea 2019. 49. PROPOSALS FOR NEW PROTECTED AREAS. (1) The Managing Director shall, in consultation with the Council, establish a Standard Protected Area Proposal for new Protected Areas. (2) The Regulation shall prescribe Standard Protected Area Proposal form. ~15 Protected Areas 50. NATIONAL PROTECTED AREAS. The Authority may, in accordance with Section 22(1), establish a National Protected Area following the set guidelines for establishing Protected Areas. 51. REGIONAL PROTECTED AREAS. A Provincial Government may establish a Protected Area following the set guidelines for establishing Protected Areas. 52. LOCAL-LEVEL GOVERNMENT PROTECTED AREAS. A Local-level Government may establish a Protected Area following the set guidelines for establishing Protected Areas. 53. CUSTOMARY LANDOWNER PROTECTED AREAS. (1) An Incorporated Land Group may establish a Protected Area following the set guidelines for establishing Protected Areas on incorporated customary land. (2) Acustomary landowner may, in consultation with the landowning clan, establish a Protected Area following the set guidelines for establishing Protected Areas on unincorporated customary land. 54. REGISTRATION OF PROTECTED AREAS. An entry of a Protected Area in the Papua New Guinea Protected Area Network Register is evidence of the lawful existence and recognition of the Protected Area. 55. DEREGISTRATION OF PROTECTED AREAS. (1) Where there is an inconsistency with this Act and the use or likely use of a Protected Area or a part of a Protected Area, the National Executive Council shall, acting on the advice of the Authority, publish in the National Gazette the deregistration of a Protected Area. (2) The deregistration under Subsection (1) shall (a) permanently remove a Protected Area; or (b) temporarily remove a Protected Area, from the Papua New Guinea Protected Area Network Register. 56. APPEAL PROCEDURE. (1) A person or corporation aggrieved by the deregistration of a Protected Area shall appeal to the Managing Director and then to the National Court ifno response is given from the Managing Director. (2) The procedures for the appeal made under Subsection (1) shall be prescribed in the Regulations. 57, REVIEW OF PROTECTED AREAS. (1) A public review of all Protected Areas shall be conducted every five years to assess the progress and social well-being of communities within the Protected Areas. (2) A public review for all Protected Area in existence at the time this Act comes into effect shall be conducted within five years after this Act comes into effect. (3) The Managing Director shall review a Protected Area, six months before the times referred to in Subsection (1) and (2) if a review has not been conducted within three months before the times stipulated. 16 Protected Areas (4) The review shall comprise of (a) public consultations in the Protected Area; and (b) an inquiry into all aspects of the Protected Area; and (c) arecord of the consultation and inquiry; and (d) the records that shall be made available online. (5) The Council shall record the review and take appropriate action to address issues identified in the review. PART VIL. - FINANCE FOR PROTECTED AREAS. 58. FINANCE. (1) The Authority shall receive funds, goods and services for the Protected Area Network from any lawful source including but not limited to appropriations from (a) the National Budget; and (b) the Biodiversity and Climate Fund; and (c) biodiversity offsetts; and (d) eco-system services; and (e) international agencies. (2) The Authority shall provide an annual budget for a Protected Area which shall be appropriated according to each Protected Area. 59, BIODIVERSITY AND CLIMATE FUND. (1) The Authority shall, in consultation with stakeholders, establish a Biodiversity and Climate Fund to be managed by its Board of Trustees. (2) The Biodiversity and Climate Fund Board of Trustees shall (a) function independently from government interference, and (b) havea process for the selection and self-perpetuation of a board of trustees; and (c) have its purpose and objectives defined through a multi stakeholder consultative process; and (d) ensure the Fund supports the effective management of Protected Areas; and (ce) ensure the Fund is sustainably and equitably funded through (i) payments for biodiversity; and (ii) eco-system services; and (iii) biodiversity offsets; and (iv) green taxes; and (v) levies; and (vi) fines; and (vii) donations; and (viii) other sources of government and non-governmental revenue. 60. SMALL GRANTS. (1) The Protected Areas Small Grants Program is established. (2) The Authority shall donate grants directly to a local community as the Managing Director thinks fit for the establishment and management of a Protected Area. (3) The Small Grants Program shall be funded from the Biodiversity and Climate Fund and any other lawful source of funding in accordance with this Act. 17 Protected Areas (4) The Regulations shall prescribe the form and conditions for the Protected Areas Small Grants Programm. 61. CONSERVATION BENEFIT SHARING AGREEMENTS. (1) A Conservation Benefit Sharing Agreement shall provide for the fair and equitable sharing of benefits to utilise resources, in accordance with the Fairness of Transactions Act 1993. (2) The resources shall be utilised in the following manner: (a) research and development on (i) =the genetic; or (ii) the biochemical, composition of genetic resources; and (b) subsequent application and commercialisation, subject to mutually agreed terms and monetary or non-monetary benefits. (3) Where a benefits agreement is signed by a clan leader or other person acting or purporting to act on behalf of clan members, the signatory is (a) deemed a trustee for clan members either residing in the Protected Area or not; and (by deemed a trustee for future generations. (4) A failure to register a benefits agreement does not invalidate the agreement unless the affected landowners apply to the Managing Director or a court of law to (a) amend a benefits agreement, and (b) backdate the benefits agreement, and (c) ensure benefits are equally distributed. 62. REQUEST TO REVIEW AGREED TERMS. (1) Owners of Protected Areas who are agerieved by the terms of a Conservation Benefit Sharing Agreement shall request the Managing Director to review the terms of the Agreement. © (2) If an owner is still aggrieved by the response of the Managing Director to the review of the Conservation Benefit Sharing Agreement, he may commence proceedings in the National Court. 63. ANNUAL REPORT. (1) The Authority shall submit an annual report to Parliament at the end of every business year for National Protected Areas including (a) National Parks; and (b) National Heritage Areas; and (c) Special Management Areas; and (d) National Maritime Sanctuaries; and (e) Protected Areas under any other Act. (2) The Authority is obligated to report on its compliance to international agreements, standards and laws applicable to National Protected Areas. 64. AUDIT. (1) The internal auditor of the Authority shall, subject to the Auditors Act 1989, conduct an annual audit on funding and donations given to Protected Areas. (2) A Papua New Guinea registered auditor shall conduct an annual audit on funding to Protected Areas that are more than K250,000.00 Consumer Price Index adjusted from 2017. 18 Protected Areas (3) The auditor shall submit a certificate of audit to the Authority after conducting the annual audit. (4) The Authority may make the audit report and certificate of audit accessible to the public. 65. CERTIFICATE OF AUDIT. If an owner of a Protected Area fails to produce a certificate of audit, the Authority shall (a) administer the Protected Area directly; or (b) deregister the Protected Area. PART VIII. - MISCELLANEOUS. Division 1. - Power to Request for Information. 66. REQUEST FOR INFORMATION. (1) The Managing Director or his delegate may, through a written notice (a) request the owner or occupier of any premises or site to immediately provide for inspection, any G) document; or (ii) report; or (iii) book; or (iv) plan; or (v) map; or (vi) monitoring records, or any information within reasonable time. (2) The Managing Director may request the information under Subsection (1) regarding (a) information required to be kept in accordance with this Act, or (b) activity likely to cause (i) substantial environmental harm to a Protected Area; or (ii) serious environmental risk to a Protected Area; or (iii) release of contaminants from any premises or site. (3) The Managing Director may issue a notice to any person he believes on reasonable grounds has knowledge of a matter or possession or control of a document dealing with a matter for which information is required. (4) The notice shall be in a prescribed form in the Regulation with the review or appeal procedure of the notice. (5) Apperson who fails to comply with the request within a reasonable time under Subsection (1) is guilty of an offence. Penalty: (a) Inthe case of a person, a fine not exceeding K50,000.00 or imprisonment for a term not exceeding two years, or both; and (b) Inthe case of a corporate body, a fine not exceeding K100,00.00. Default Penalty: A fine not exceeding K10,000.00. 19 Protected Areas Division 2. - Remedies and Sanctions. 67. RIGHT TO COMMENCE LEGAL ACTION. A person with a genuine interest to protect the environment, acting on (a) his own capacity; or (b) behalf of customary landowners; or (c) behalf of an Incorporated Land Group, may commence legal proceedings in the National Court. 68. PRECAUTIONARY PRINCIPLE. (1) When a Protected Area is affected, the Protected Area Management shall apply the precautionary principles for prudent measures to be taken (a) to avoid harm to the environment or cultural heritage; and (b) against damage arising directly or indirectly from harm. (2) A person has a duty to mitigate any environmental threat to a Protected Area arising from human activities leading to direct or indirect harm of irreversible damage that may be scientifically uncertain. (3) A person who causes or attempts to cause an act of environmental harm is prima facie imprudent where there is (a) evidence of a threat of irreversible damage to a Protected Area; or (b) scientific uncertainty as to the extent of damage or possible damage. (4) An owner of a Protected Area shall take proportionate precautionary measures to avoid the anticipated threat of environmental damage by considering (a) the degree of seriousness of the threat, and (b) the reversibility of the threat; and (c) any degree of uncertainty over the reversibility of the threat. (5) The precautionary principle shall not be used to avoid all risks and measures but shall be adopted to avoid anticipated threat of environmental damage proportionate to the potential threats. 69. DUTY NOT TO CAUSE DAMAGE. (1) A person who has control over a Protected Area shall take precautionary measures when dealing with species or nature that is living, non-living, moving or stationary. (2) Where a person under Subsection (1) fails to take precautionary measures, the person shall be deemed to have caused a danger to the environment or cultural heritage value. 70. PROTECTED AREA IN PERIL. (1) A person who, for his own purpose, allows on his land or the land of another, an activity that (a) does or is likely to cause harm if it escapes into a Protected Area; or (b) directly or indirectly causes harm such as pollution, fire or flooding into a Protected Area, does so at his peril, and is answerable for the damage in the affected Protected Area. (2) The Managing Director or the landowners of a Protected Area may issue a written notice to the person regarding the harm caused by the activity if the mischief continues. 20 Protected Areas (3) Where a person continues to cause mischief or harm, the Managing Director or the owners of a Protected Area, shall initiate legal proceedings in the National Court for legal remedy. 71. APPOINTMENT OF DESIGNATED OFFICER. (1) The Managing Director may, in accordance with Section 21, by notice in the National Gazette, appoint a qualified public servant with good community standing to be a designated officer. (2) The list of qualifications of the designated officer shall be prescribed in the Regulations. (3) An appointment under Subsection (1) may specify the powers of the designated officer with respect to particular classes of activity or provisions of this Act. 72. EXPERTISE OF DESIGNATED OFFICER. (1) The Managing Director shall, in making an appointment under Section 71, ensure that a person has the expertise to conduct the duties of a designated officer. (2) The Managing Director may, by notice in the National Gazette, revoke any appointment of a designated officer. Division 3. - Offences. 73. GENERAL OFFENCE. (1) A person who carries out an activity that contravenes this Act is guilty of an offence. Penalty: (a) Inthe case of a person, a fine not exceeding K50,000.00 or imprisonment for a term not exceeding five years, or both; and (b) Inthe case of a corporation a fine not exceeding K 100,000.00. Default penalty: A fine not exceeding K10,000.00. (2) A person who has powers to prevent any mischief or harm in a Protected Area in accordance with an order of the National Court, but fails to do so, is guilty of an offence and is liable to a fine in accordance with Subsection (1). 74. AGGRAVATED OFFENCE IN A PROTECTED AREA. (1) A person commits an aggravated offence, if the person’s conduct (a) results in pollution to a Protected Area; or (b) has the potential to cause pollution to a Protected Area. Penalty: A fine not exceeding K50,000.00 or a term of imprisonment not exceeding five years. (2) The Court may, in determining if a person’s conduct resulted in pollution in a Protected Area, consider the following: (a) the harm or potential harm to the environment or cultural heritage; and (b) the size of the affected environment; and (c) | the sensitivity of the affected environment; and (d) the significance of the affected environment; and (e) the prohibition of certain activities; and (f) the harm is irreversible; and (g) the measures required to remedy the harm; and 21 Protected Areas (h) the carrying out of certain activities are subject to certain conditions; and (i) the precautionary principle; and (7) whether or not any harm or potential harm arose from any recklessness or negligence according to the law of standard of care of a reasonable person. (3) A person charged with an aggravated offence shall have the relevant aggravated offence specified. 75. PROSPECTING. (1) A person who removes anything naturally occurring, living, inanimate or a cultural heritage object from a Protected Area, shall obtain written consent from the Managing Director or his delegate. (2) A person who does not obtain written consent of the Managing Director under Subsection (1) before removing (a) animate or biological matter; or (b) minerals and earths; or (c) cultural heritage and artifacts of value, is guilty of an offence. Penalty: (a) Inthe case ofa person, a fine not exceeding K125,000.00 or imprisonment for a term not exceeding five years; and (b) Inthe case of a corporate body, a fine not exceeding K200,000.00. (3) A‘ Village Court has the jurisdiction to grant appropriate fines if the person in breach of Subsection (1) is a customary landowner and the damage caused is of minimal impact on the biological integrity or cultural heritage value. Penalty: A fine not exceeding K 1,000.00 or imprisonment for a term not exceeding one year. 76. DESTRUCTION AND POLLUTION. (1) A person who directly or indirectly pollutes or causes the destruction of an area of land, nature or species in a Protected Area is guilty of an offence. Penalty: (a) Inthe case of person, a fine not exceeding K50,000.00 or imprisonment for a term not exceeding five years; and (b) In the case of a corporate body, a fine not exceeding K200,000.00. (2) A person who directly or indirectly aids, abets or procures the destruction, degrading or lessening of a Protected Area or areas protected by this Act is guilty of an offence. Penalty: (a) Inthe case of person, a fine not exceeding K50,000.00 or imprisonment for a term not exceeding five years; and (b) Inthe case of a corporate body, a fine not exceeding K200,000.00. (3) Where a person contravenes Subsection (1), the Authority or a person with the right to commence an action pursuant to Section 67, may apply to the Court for relief. 22 Protected Areas 77. ENVIRONMENTAL DAMAGE. Any person, corporation or government entity that is in charge or has control over living, inanimate, moving or stationary objects or species in a Protected Area that (a) fails to exercise care and precaution in the use or management of the Area, or (b) is reckless and negligent in taking reasonable care and precaution, to avoid danger, is guilty of an aggravated offence. 78. MARITIME OFFENCE. A ship master who fails to be on the bridge of the ship one hour before approaching and during transit through a Particularly Sensitive Sea Area or a Marine Protected Area, is guilty of an offence. Penalty: A fine not exceeding K100,000.00. 79. MARINE POLLUTION OFFENCE. A person or corporate body who has the duty to ensure marine safety but fails to provide adequate clean-up equipment to prevent pollution from a marine accident (a) ina Particularly Sensitive Sea Area; or (b) ina Marine Protected Area, is guilty of an offence. Penalty: A fine not exceeding K100,000.00. PART IX. - REPEAL AND TRANSITIONAL PROVISIONS. 80. REPEAL. The Conservation Areas Act (Chapter 362) and Fauna (Protection and Control) (Chapter 154) are hereby repealed in whole or in part. 81. TRANSITIONAL AND SAVINGS PROVISIONS. A person who, immediately before the coming into operation of this Act, was appointed as (a) aranger under the Conservation Areas Act (Chapter 362); or (b) an analyst or authorised officer under the Environment Act 2000; or (c) aranger under the Fauna (Protection and Control) Act (Chapter 155) and the Crocodile (Trade Protection) Act (Chapter 213), shall, on the coming into operation of this Act, continue to hold that position, as nearly as may be, and perform the functions and exercise the powers of the position as if he were appointed and authorised to perform the functions and exercise the powers under this Act, until such time as the appointment is revoked or a new appointment is made under this Act. 82. ACTIONS, ETC., NOT TO ABATE. Where, immediately before the coming into operation of this Act, any appeal, action, arbitration or proceeding, was pending, or any cause of action was pending or existed in respect of any licence, permit or approval granted, renewed or continued in existence under an Act repealed by Section 80, in whole or in part, such action, arbitration or proceeding or cause of action does not abate and is not affected by the coming into operation of this Act, but it may be prosecuted, continued and enforced as if this Act has not been made. 83. REGULATION. The Head of State may, acting on advice, make Regulations not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act. 23 Protected Areas SCHEDULE 1. THE FIVE PILLARS OF THE PROTECTED AREA NETWORK. Sec. 4(1)(6). Pillar 1 | Protected Areas: Governance and Management Arrangements. Pillar 2 | Sustainable Livelihoods for Communities. Pillar 3 | Effective and Adaptive Biodiversity Management. Pillar 4 | Managing the Protected Areas Network. Pillar5 | Sustainable and Equitable Financing for Protected Areas, whose principles the Policy. are set out in detail in the Government Publication “Papua New Guinea Policy on Protected Area, 2014 especially but not exclusively, pp 11-16 of SCHEDULE 2. EXISTING PROTECTED AREAS. Protected Areas include the following: Sec. 47(2). Name. Province. Area. Declaration Date. 1 Bagiai WMA Karkar Island, Wildlife 27 January 1977 Madang Province Management Area 13,760 ha. 2 Baiyer River Baiyer, Western National Park 741 13 January 1968 Sanctuary Highlands Province | ha. 3 Balek Wildlife Madang Province Wildlife 4 August 1977 Sanctuary Management Area 470 ha. 4 Baniara Island Milne Bay Province | Wildlife 13 February 1975 Management Area 200 ha. 5 Cape Wom East Sepik Province | National Park 18 October 1973 Memorial Park 165.42 ha. 6 Crown Island Madang Province Wildlife 24 November 1993 Management 58,969 ha. 7 Crater Mountain | Eastern Highlands, | Wildlife 25 November 1993 Simbu, Gulf and Management Area Madang Provinces | 27,000 ha. 8 Garu West New Britain | Wildlife 9 December 1976 Province Management Area 8,700 ha. ~24 Protected Areas 9 Hombareta Oro Province Wildlife 6 March 1997 Management Area 130 ha. 10 | Horseshoe Reef Central Province Wildlife 9 June 1981 Management Area 395.9 ha. 11 | Hunstien Ranges | East Sepik Wildlife 13 November 1997 Province Management Area 220,000 12 | Iomare Central Province Wildlife 24 December 1987 Management Area 3,827.50 ha. 13 | Jimi (Rutt) Valley | Jiwaka Province National Park 31 October 1991 National Park 4,189 ha. 14 | Kamiali Morobe Province Wildlife 19 September 1996 Management Area 47,413 ha. 15 | Kavakuna Caves | East New Britain Wildlife 27 April 1997 Province Management Area 16 | Klampun East New Britain Wildlife 4 September 2003 Province Management Area 5,200 ha. 17 | Kokoda Memorial | Oro Province Memorial Park 24 September 1981 Park 18 | Kokoda Historical | Central and Oro Reserved under 10 September 2015 Track Provinces Mining Act 1992 19 | Lake Lavu Milne Bay Wildlife 5 March 1981 Province Management Area 2,640 ha. 20 | Lake Kutubu Southern Wildlife 25 June 1992 Highlands Province | Management Area 4,924 ha. 21 | Laugum Marine Madang Province | Wildlife 26 January 2006 Management Area 72.95 ha. 22 | Libano-Arisai Southern Wildlife 7 February 2008 Highlands Province } Management Area 3,964 ha. 23 | Libano-Hose Southern Wildlife 7 February 2008 Highlands Province | Management Area 7,736 ha. 24 | Lihir Island New Ireland Wildlife 6 June 1991 Province Management Area 1,980 ha. 25 | Lorko West New Britain | National Park 100 | 10 October 1991 Province ha. 26 | Maza Western Province | Wildlife 21 December 1978 Management Area 184,230 ha. ~25 Protected Areas 27 | McAdams Morobe Province National Park 22 February 1962 2,081 ha. 28 | Moitaka National Capital National Park 27 June 1989 Sanctuary District 42 ha. 29 | Mojirau East Sepik Wildlife 22 June 1978 Province Management Area 5,079 ha. 30 | Mount Eastern Highlands | National Park 27 July 1989 Gahavisuka Province 77.40 ha. 31 | Mount Kaindi Morobe Province Wildlife 15 March 1990 Management Area 1,502 ha. 32 | Mount Susu Morobe Province Reserve 260 ha. 33 | Mount Wilhelm Simbu Province National Park 17 May 1990 817 ha. 34 | Namanatabu Central Province Reserve 29 ha. 15 March 1979 35 | Nanuk Island East New Britain National Park 9 December 1973 Province 12 ha. 36 | Ndolowa Manus Province Wildlife 28 March 1985 Management Area 5,850 ha. 37 | Neiru (Aird Hills) | Gulf Province Wildlife 24 December 1987 Management Area 3,984 ha. 38 | Nuserang Morobe Province Wildlife 9 October 1986 Management Area 39 | Oia Mada Wara Milne Bay Wildlife 6 August 1981 Province Management Area 22,840 ha. 40 | Paga Hill Scenic | National Capital National Park 10 September 1987 Reserve District 13.12 ha. 41 | Pirung Autonomous Wildlife 25 May 1989 Region of Management Area Bougainville 43,200 ha. 42 | Pokili West New Britain | Wildlife 26 June 1975 Province Management Area 9,840 ha. 43 | Ranba Madang Province | Wildlife 30 June 1977 Management Area 41,922 ha. . 44 | Ranba Sanctuary | Madang Province | Wildlife 4 August 1977 Management Area 15,724 ha. 45 | Sawataetae Milne Bay Wildlife 30 June 1977 Province Management Area 700 ha. 46 | Sinum Island Southern Wildlife 26 June 2006 Highlands Province | Management Area 11.80 ha. 26 Protected Areas 47 | Siwiutame Southern Highlands | Wildlife 27 January 1977 Province Management Area 12,540 ha. 48 | Sulamesi Southern Highlands | Wildlife 7 February 2008 Province Management Area 864,451 ha. 49 | Tab Island Madang Province Wildlife 26 January 2006 Management Area 984.30 ha. 50. | Tabad Island Madang Province Wildlife 26 January 2006 Management Area 16.2 ha. 51 | Talele Islands East New Britain Reserve 26 July 1977 Nature Reserve Province 12 ha. 52 | Tavalo West New Britain | Wildlife Province Management Area 20 ha. 53 | Tondo Western Province Wildlife 6 February 1975 Management Area 590,000 ha. 54 | Variarata Natonal | Central Province National Park 18 December 1969 Park 1,063 ha. 55 | Wewak War East Sepik Province | Reserve 1.09 ha. 24 April 1969 Memorial site 56 | Zo-iomaga Central Province Wildlife 15 March 1981 Management Area 1,510 ha. 57 | YUS Morobe Province Conservation Area | 9 January 2019 75,000 ha. SCHEDULE 3. EXPRESSION OF INTEREST TO DECLARE A PROTECTED AREA. Sec. 25(3). Part A. PNG Protected Area Management Form No. PA1: Expression of Interest to declare a Protected Area. Note: This Form No. PA] is to be completed by hand (print and complete) or complete Form No. PA2 electronically. 27 Protected Areas Section I: Basic Information. Question Your answer 1. Name of the proposed Protected Area. Include the proposed name or the name of the general location of the proposed area. 2. Date of this proposal. Enter the date of this proposal (dd/mm/yyyy). 3. Name of person(s) or group(s) that are proposing this Protected Area. This may include one or many individuals or groups. Please enter all names or attach a list of names to this form and write ‘list attached’ as your answer. 4. Contact person 1. Name: Include details of a person who can send and | Email: receive information about the proposal. Phone number: 5. Contact person 2. Name: Email: Phone number: 28 Protected Areas 6. Who has contributed | to making this proposal? Tick all the boxes that apply. Include the main contributors who have helped to write the proposal. Add any details e.g.; name of the government department or NGO. You can include as many people or groups as you wish. O Customary landowners 0 Civil society/non-government organisation O Government officer/s O Scientist O Other people Details: Section 2: Why is this proposed Protected Area important? Question Your answer 7. In brief, why do you think this area should be a Protected Area? What are you trying to protect or lukautim? Include information that explains ‘what you like about your protected area’ e.g.; the cultural and traditional sites, plants and animals, scenery and any others. 29 Protected Areas 8. Does the proposed Protected Area include any of the following? Tick all the landscapes and seascapes that are included in your proposal. More details can be provided in Q9. O Land (terrestrial) 0 Freshwater areas (river, seasonal swamps and lakes) O Mountains O Marine deep-water areas (deep water far from the shore) O Marine near-shore marine areas including reefs and seagrass beds O Saltwater estuaries including mangrove areas O Caves and other special land or sea features If you ticked any of the above boxes, please indicate the approximate size (e.g.; area in hectares and or length or height) of the feature and a description below). 30 Protected Areas Question Your answer 9. Describe the proposed Protected Area, such as the kinds of landscapes or sea country, plants and animals you see or know about. Also include anything of special cultural or historic importance. Attach a description to this form if necessary and write ‘information attached’. You could also send some photographs, maps, drawings or recordings to show us better. Section 3: Where is the Protected Area? Question Your answer 10. In what Province(s) is the proposed Protected Area? 11. In what District(s) is the proposed Protected Area? 12. In what Local-level Government(s) is the roposed Protected Area? 13. Describe the general location of the proposed Protected Area. For example, ‘the western side of xx island and the coral reef just offshore’ or ‘the hills and mountains behind x village’. 31 Protected Areas 14. Name a big town that is near to the proposed Protected Area. 15. What is the actual or estimated size of the proposed Protected Area (in hectares)? Ifyou do not know this please enter ‘don’t know’ 16. How can you access the proposed Protected Area? How can people get to the proposed Protected Area (e.g. by road, track, air, boat?). Mention if there are good roads or airstrips. Section 4: Protected Area purpose, types and proposal history. Question Your answer 17. What is the purpose of your proposal? Please tick one of the boxes. Attach more details if needed. (1 A new proposal for a new Protected Area (A change in type for an existing Protected Area ‘1 An expansion or joining of existing Protected Area/s C1 A reduction in the size of an existing Protected Area (1 A re-submission of a previous proposal Other (please explain below) 32 Protected Areas 18. If this proposed Protected Area has been formally protected, registered or gazetted in the past, please insert the name and type of protected area. Protected Areas in PNG have many names, including Wildlife Management Area, Locally Managed Marine Area, National Park, Conservation Area, Wildlife Sanctuary etc.; Undicate the ‘type’ of Protected Area. If it does wot have a ‘type’ please insert ‘not registered’. 19. What type of Protected Area do you wish your proposed Protected Area to be registered as? The types of Protected Area included in the Protected Areas Act are listed. Please tick the box that indicates the type of Protected Area that you are proposing. If you are unsure you can tick more than one box, or enter ‘not Anown’ and this can be decided later. [O Not known C National Park C National Heritage Area C Special Management Area Cl National Marine Sanctuary C Community Conservation Area Ci Locally Managed Marine Area 2 Locally Managed Conservation Area CJ Private Protected Area C Other (please provide details below) 33 Protected Areas 0. Why do you think this is the best type of Protected Area here? Please outline your yeasons for selecting the type of Protected Area you rave indicated in Q18. If vou don’t know, just leave this blank at this stage. 21. If this area has been a proposal in the past, or has been identified in any land-use plan or prioritysetting studies, please provide details. Uf you don’t know, leave this blank. Section 5: Landowners. Question Your answer 22. Who owns the Protected Area? Please tick the relevant box. O Customary landowners 0) Government O Private owners O Other (please explain below) 34 Protected Areas Question oe Your answer 23. If owned by customary landowners, please provide names or names of the relevant clans. Enter the names of the customary landowners or the clans who own the proposed Protected Area. Attach a list to this form, ifnecessary and write ‘information attached’ in your answer. 24. Is the ownership of O Yes the Protected Area clear? O No Please tick one of the If No (..e. the ownership is not clear or is disputed), please explain boxes. If No - describe | what the issues are about. the key points of disagreement among the landowners. 25. Is there any Ol Yes documentation 0 No concerning land ip? ; . ; . ownership’ If Yes, please provide details of any documentation concerning the landownership of the Protected Area. Please tick one of the boxes. If yes, indicate whether there has been any boundary mapping or social mapping. Please give details or attach a document to this form and insert ‘information attached’. 35 Protected Areas 26. Indicate the level of support by customary landowners for this Protected Area. (Go to ‘a’ below) Note: Evidence that the identified customary landowners are entitled to speak on behalf of the land or sea will be required before a a) Customary landowners are making this proposal. Please tick one of the boxes. b) Customary landowners have been approached about this proposal. Please tick yes or no. Then explain your answer and provide more details. For example there may be disagreement among the landowners. QO Yes (Go to Q27) O No O Yes O No If yes, are they supportive? O Yes 01 No O Still unsure Comments: If no, why not? Comments: 36 Prorat sss mene ere m enn ene ne ene ee ee ent ee eee Section 6: Protected Areas Support from government and stakeholders. boxes. b) Provincial Government(s). Please tick one of the boxes. c) National Government (CEPA). Please tick one of the boxes. Question Your answer 27. Indicate the level of support by government for this proposal. I Ae a a) Local-level o High Government(s). O Medium Please tick one of the CO Low 0 They support the proposal c) They are unsure QO) They do not support the proposal Ci They have not yet been approached ( They support the proposal QO They are unsure CO They do not support the proposal (1 They have not yet been approached 28. Indicate the level of support by other stakeholders for this proposal. This includes people with user rights in the Protected Area, non lgovernment organisations, lzovernment agencies other than CEPA, scientists, etc. Describe the support that has been provided. O High O Medium 0O Low Comments (tell us about these stakeholders and the support they have provided): 37 Protected Areas Section 7: Conclusion to Part A. Question Your answer 29. Is there anything else you would like to tell us about this proposal? Please attach any relevant details or documents and provide a list of this information in the Summary Information (front page of this form). This is the end of the Expression of Interest. 38 Protected Areas Part B. PNG Protected Area Management Form No. PA2: Expression of Interest to declare a Protected Area. Note: This Form No. PA2 is to be completed electronically (digital version) or complete Form No. PA] by hand (print and complete). Section 1: Basic Information. Question Your answer Notes 1. Name of the Enter name of Protected Area. Include the name of the proposed proposed area. Protected Area 2. Date of this Click or tap to enter a Enter the date you made this proposal date. proposal. Click on the calendar in ‘your answer’. 3. Name of person(s)Enter names here This may include one or many or group(s) that individuals or groups. Please are proposing this enter all names or attach a Protected Area separate list (write ‘list included’ here). 4. Contact person 1 Include details of a person Enter Name, Email address, Phone| [who can send and receive munober. information about this proposal. Enter name, email address land phone number of the contact person for this proposal. 5. Contact person 2 | |Enter Name, Email address, Phone} |See instructions above. number. 6. Who has {] Customary landowners Click on all the boxes that contributed to 1 Civil society/ Non-government apply i.e. all the main making this organisation contributors who have helped proposal? C Government officer(s) to write the proposal. Add . details in the comment box, U1 Scientist e.g., name of the government L] Other people department or NGO. You can include as many people or Comments: Insert details about groups as you wish. contributors. 7. In brief, why do | \Click or tap here to enter What are you trying to protect you think this areal Itext. lor lukautim and why? Include should be a information that explains Protected Area? ‘what you like about your Protected Area’ e.g., the cultural and traditional sites, plants and animals, scenery land any others. 39 Protected Areas Does the Protected Area include any of the following? Land (terrestrial) [] Yes [] No If yes, include the approximate size (in hectares) and a description. Click or tap here to enter text] For each part (a-g), check either Yes or No. Please attach any additional details about your Protected Area. Uf the answer is yes, include the size of the feature if you know this (don’t worry if you don ’t— you can leave it blank). Then write a short description of the feature. mangrove areas (in hectares) and a description. Click or tap here to enter text lb) Freshwater areas|T] Yes The description may include (rivers, seasonal |[] No the names of the rivers and swamps and If yes, include the approximate size (in lakes, their location and lakes) hectares) and a description. emportance. Click or tap here to enter text. c) Mountains CL) Yes The description may include Ol No the name of any mountains, If yes, include the approximate height what vegetation they have, or and area of the mountainous country habitat fe or particular species (in hectares) and a description. jand their importance. Click or tap here to enter text id) Marine deep- Ll Yes The description may include water areas C No the name of the area and its If yes, include the approximate size = P/"Por tance fe or wildlife and (in hectares) and a description. the community. Click or tap here to enter text le) Marine near Cl Yes The description may include shore areas [1 No the extent of the near shore including reefs, | Tf yes, include the approximate size reas, whether there are coral sea-grass beds (in hectares) and a description. reefs and fish, the importance Click or tap here to enter text] of these areas and if there are any areas that are closed. f) Saltwater 1) Yes The description may include estuaries Ol No the type of vegetation and the including If yes, include the approximate size importance of the saltwater estuary to the community. 40 Protected Areas ig) Caves and other | Yes special landor [[] No sea features If yes, include the approximate size (in hectares) and a description. Click or tap here to enter text] The description may include the name of any caves or other features and why they are important. 9. Describe the proposed (Click or tap here to enter text. Protected Area, such as the kinds of landscapes or sea country and plants and the animals you see or know about. Also include anything of special cultural or historic importance Include information on the physical environment, plants land animals, cultural and traditional sites and any others. You can attach a more detailed description if you wish, 41 Protected Areas Section 2: Where is the Protected Area? Question Your answer Notes 10. In what Insert name of Province(s). Province(s) is the proposed Protected Area? 11. In what insert names of District(s). iDistrict(s) is the proposed Protected Area? 12. In what Insert names of Local-level Government(s). | Local-level Government(s) is the proposed Protected Area? 13. Describe Click or tap here to enter text. For example, the general ‘the western location of the side of xx proposed island and Protected the coral Area reef just offshore’ or ‘the hills and mountains behind x village’. 14. Name a big | Click or tap here to enter text. town that is Inear to the Protected Area 15. What is the Unclude the |size of the | Click or tap here to enter text. | size of the proposed Protected Protected Area Area. If you (in hectares) do not know this please enter ‘Don’t know ’. 42 Protected Areas 16.Howcan (Click or tap here to enter text. How can lyou access the people get proposed to the Protected proposed Area? Protected Area (e.g. by road, track, air, boat)? Mention if there are lsood roads lor airstrips. Section 3: Protected Area purpose, types and proposal history. Question Your answer Votes 17. What is the C] A new proposal for a new Protected Please tick one of the boxes. purpose of your proposal? Area Protected Area CL] A change in type for an existing CL] An expansion or joining of existing Protected Area(s) CL] A reduction in the size of an existing! Protected Area CL] A resubmission of a previous proposal CL) Other (please explain below) Click or tap here to enter text] If you selected ‘other’ in the list above, please provide details. Attach more details, if needed and insert in the text box ‘information attached’. 18. If this proposed Protected Area has been formally protected, registered or gazetted in the past, please insert the name and type of Protected Area. Enter type of protected area. | Protected Areas in PNG have ynany names or types, including Wildlife Management Area, Locally Managed Marine Area, National Park, Conservation Area, Wildlife Sanctuary etc. Undicate the ‘type’ of Protected Area. If it does not have a ‘type’ please insert ‘not registered ’. 43 Protected Areas Question |, Your answer Notes ; 19. What type of Protected Area do you wish your proposed Protected Area to be registered as? Not known National Park National Heritage Area Special Management Area National Marine Sanctuary Community Conservation Area Locally Managed Marine Area Locally Managed Conservation Area Private Protected Area Other (please provide) If you selected ‘other’ in the list above, please provide details. O O O O O O O O O U O in PNG there are many types of protected areas. These are listed in the check boxes. Please select the type of protected area that you are proposing. If you are unsure you can select more than one item, or enter ‘not known’ and this can be decided later. 20. Why do you think this is the best type of Protected Area here? Ww rite your reasons here. Please outline your reasons for selecting the type of Protected Area you have indicated in O18. If unknown, leave blank. 21. If this area has been a proposal in the past, or has been identified in any land luse plan or priority Setting studies, please provide details. Click or tap here to enter text. Uf you don’t know, leave this blank. 44 Section 4: Protected Areas Landowners. Question Your answer ‘Notes 22. Who owns the Protected Area? C] Customary landowners [C] Government [] Private owners C1 Other (please explain below) If you selected ‘other’ in the list above, please provide details. Please tick the relevant box and provide details, where mecessary. 23. If owned by customary landowners, please provide names lof the relevant clans. Click or tap here to enter text. | Enter the names of the customary landowners or the clans who own this Protected Area. Attach a list to this form, if necessary and write ‘information attached’ in your answer. 24. Is the ownership of the Protected Area clear? C] Yes L] No If no (i.e. the ownership is not clear or disputed), please explain what the issues are about. Click or tap here to enter text] Please select one of the boxes. 25. Is there any documentation concerning land ownership? [] Yes CL] No If yes, please provide details of any documentation concerning the land ownership. Click or tap here to enter text] Please select one of the boxes. Uf yes, indicate whether there has been any boundary ynapping or social mapping. Please give details or attach a document to this form and insert ‘information attached’. 45 Protected Areas 26. Indicate the level lof support by customary landowners for this Protected Area (refer to a) and b)) ote: Evidence that the identified customary landowners are entitled to speak on behalf of the land or sea will be required before a proposal is finalised. LJ Still unsure Include comments here. If not approached yet, explain why? Include comments here. a) Customary [1 Yes (If Yes, go to Q27 landowners are No ( » £0 to Q27) Select Yes or No. making this proposal lb) Customary [J Yes Select Yes or No. Then explain landowners have Cl No in the text box. been approached about this proposal — [f Yes, are they supportive? [C] Yes [] No Section 5: Support from government and stakeholders. government for this proposal (refer to a), b) or c) a) Local-level Government(s) CL] High CL] Medium C] Low Question Your answer Notes 27. Indicate the level Include some information of support by about the level of support for the Protected Area by each of the levels of government outlined in a-c below. Select one of the responses listed. b) Provincial Choose an item. Select one of the responses [1 Mixed (some supportive, some not) Tell us about these stakeholders and the support they have provided. Government(s) listed in the drop down list. c) National Choose an item. Select one of the responses Government (CEPA) listed in the drop down list. 28. Indicate the level | 1 High This includes people with of support by other Cl Medium user rights in the Protected stakeholders for this |] Low Area, non-government proposal. organisations (which ones), government agencies other than CEPA (which ones), scientists, etc. In the comment box describe the support that has been provided. You can include an attachment if needed. 46 Protected Areas Section 6: Conclusion to Form B. Question Your answer Notes 29. Is there anything | Click or tap here to enter text. There may be something else you would like important about your to tell us about this Protected Area that you proposal? need to tell us, and which has not been covered in the questions above. I hereby certify that the above is a fair print of the Protected Areas Act 2024 which has been made by the National Parliament. Clerk of th¢ National Parliament. 20 NOV 2024 I hereby certify that the Protected Areas Act 2024 was made by the National Parliament on 20 February 2024 by an absolute majority in accordance with the Constitution. il] myh Spedket of the National Parliament. 2.0 NOV 2024 ~47