Presentation on theme: "The Guyana Example: Environmental Protection Act and Regulations"— Presentation transcript:
1 The Guyana Example: Environmental Protection Act and Regulations Presentation byTeni Housty
2 Structure of Presentation The Environmental Protection ActRelevant Policies and StrategiesPre-Existing and Linked LawsSpecies Protection Regulations 1999Drafting and Executions options and process
3 Environmental Protection Act No. 11 of 1996 Definitions – The environmentThe Agency scope and functions – aligned with many of the components of MEA’sCBD – Focal PointUNDP and GEF partnerIncorporation of Core environmental PrinciplesThe Power to make regulations
5 Relevant Policies and Strategies National Biodiversity Action Plan (I and II);Mangrove Management Plan;High Conservation Value Forest (HCVF) initiatives;Access and Benefit Sharing Policy;Biodiversity Strategy;NCSA Strategy and Action Plan;National Bio-safety Framework;National Forest Policy;Reduced Emission from Deforestation and Degradation (REDD) Mechanism;National Environmental Action PlanThe Guyana Low Carbon Development Strategy
6 Pre-existing and linked laws Amerindian Act No.6 of 2006;The Environmental Protection Act, Act No. 11 of 1996;Fisheries Act 2002, Act 12 of 2002;Forests Act 2009;Forest Policy;Guyana Forestry Commission Act No. 20 of 2007;Income Tax (In Aid of Industry) Act. CAP 81:02;Investment Act, Act No. 1 of 2004;Guyana Energy Agency Act, Act No. 31 of 1997;Pesticides and Toxic Chemicals Act, Act No. 13 of 2000;Iwokrama International Centre for Rain Forest Conservation and Development Act No. 7 of 1996;Kaieteur National Park Act Cap 20:02 as amended;Mining Regulations 2005;Species Protection Regulations 1999;Access and Benefit Sharing Regulations (Draft);Wildlife Conservation and Management Regulations (Draft).
8 Species Protection Regulations 1999 National Context – Importance of trade in flora and fauna.International ObligationsInternational ChallengesRegulations under Framework legislation1999 Regulations and 2008 Amendment (Wildlife Import and Export)COP rating and ReviewScope and Objectives of Regulations
9 Drafting and Execution Process Approach – Legal consultant and specialistFunding and Support – Jacksonville ZooResearch – Convention provisions – COP Decisions – new provisions.Role of CITES Secretariat – Help and ReviewConsultations and CommentsDetails and Timing (2008)
10 Specific Issues and Content The convention - AppendicesManagement and Scientific AuthoritiesPermits , Certificates and LicencesActivities – Export, Import, Importation from the Sea, ranching and captive breathingRecordsPenalties and EnforcementAdditional IssuesExplanatory Memorandum
11 The Example PART I PRELIMINARY This Part will contain the citation of the regulations and the definitions used in the provisions of the regulations. The definitions contained in regulation 2 will be streamlined, revised and otherwise adjusted to make them convention and nationally relevant.PART II SCOPEThis Part will provide for the scope of the regulations and the categories of wildlife to which their protection relate. This part is intended to bring convention species within the purview of the regulations. It and also seeks to maintain and include provisions specific to wildlife in Guyana. Provision is also to be made for incorporation of wildlife into the scope of the regulations by ministerial order. PART III ADMINISTRATIONProvisions will be made in this Part for the establishment of the both the Management Authority and Scientific Authority mandated by the Convention. The functions of both authorities will be identified and streamlined. This Part seeks to implement specific provisions of the Convention and decisions of the Conference of Parties of the Convention.PART IV Permit and CertificateThis Part of the regulations remains the most comprehensive aspect of the regulations. It is intended to provide a comprehensive framework for permits, certificates and licenses for all activities relating to the wildlife trade regulated by the regulations. These activities include: artificial propagation; captive breeding; ranching, export, import, re-export and introduction from the sea of wildlife. The mechanism established will also create procedures for applications, fees, grant, validity and cancellation of licences, permits and certificates.PART V Keeping of Records
12 Provision – Convention and more/ PART VI Commercial Importers and ExportersPART VII TRANSPORTATION of wildlifeThis Part includes updated provisions which and intended to incorporate international standards applicable to the transport of wildlife.PART VIII Licencing of Holding PremisesPART IX Requirements for OPERATION OF Premises Licenced as Holding PremisesPART X CagesPART XI OFFENCES and PenaltiesPART XII Enforcement
13 LessonsImportance of good communication )written, verbal and non-verbal) and Feed-back with instructing DivisionTimeImportant of and necessity for knowledge of ConventionGood opportunity for comparative approaches, CITES implemented globallyOpportunity to include COP decisions and scientific developments.Public Consultations, Revisions and FeedbackThe importance Explanatory Memorandum
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