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Changes in the law of protected areas, since the government argued that they bring stricter protection for these areas, in fact, if you look at them article by article, you find that they increase the flexibility to intervene in them. But what exactly does this change bring to the (un)protected areas?
"Protected area" is a land, water, sea and coastal space, clearly defined geographically, known, with clear physical boundaries and managed through legal means or other effective means, to achieve long-term preservation/protection of nature, related to ecosystem services and cultural values".
This is the term that clarifies what is called a protected area in the special law for them.
Recently, the law underwent some changes that, after being decreed by the President of the Republic and published in the QBZ, it is expected to enter into force at the beginning of April.
The changes, since the government argued that they bring stricter protection for these areas, in fact, if you look at them article by article, you find that they increase the flexibility to intervene in these areas. But what exactly does this change bring to the (un)protected areas?
Projects that wear the garb of 5-star tourism can bite the parks
Amendments to the law on protected areas add some new concepts that give the green light to tourism projects. The problem in this case is not the development of these projects, but the evasive way in which it can be assessed that these projects fulfill the conditions. Specifically, the concept of "excellence tourism" is added to the law.
"In the sense of this law, it is the type of tourism, which offers accommodation in structures with the highest architectural and environmental standards, as well as exclusive tourist services of the highest level", says the explanation of the term. The question in this case is what is considered a structure with higher architectural and environmental standards. What are the indicators that will set this standard and what are the exclusive services.
Secondly, again in terms of concepts, we have the expansion from traditional and ecotourism activity to "economic and touristic, matching the objective of protection, effectiveness and adaptability, with the features presented by the protected area or sub-area".
Thirdly, two new concepts are added, undisturbed and slightly disturbed natural area, the latter again encouraging human activities and projects.
The best moment of tourism in the country seems to be serving the government, under the guise of the latter, to expand the development of projects in protected areas. Concretely, the law clarifies this in article 16, where in point 2, the introductory part sanctions that the construction of structures with 5 stars is allowed.
This point earlier underlined that in the "National Park" the degree of environmental protection of the area is applied, which aims to keep the territory in a natural state, where biotic communities, genetic resources and species are preserved to ensure ecological stability and diversity.
With the latest changes it is stated "In the 'National Park', with the exception of infrastructure and hospitality activities, with the highest architectural and environmental standards for supporting excellence tourism (with 5 stars) and supporting infrastructure for them, according to the provisions of the article 33 of this law, the degree of environmental protection of the area is applied, which aims to keep the territory in a natural state, where biotic communities, genetic resources and species are preserved to ensure ecological stability and diversity.
The list of principles expands, but does it serve this protection?
The management of protected areas, according to the old law, was based on four principles related to sustainable development, integration, "polluter pays" and prevention and taking precautionary measures.
Three new principles have already been added to this list, which in logic is supposed to guarantee greater protection, but their elaboration actually leaves room for the opposite.
The fifth principle is that of appropriateness. The category of a protected area must be changed if its assessment at a given time shows that the characteristics and objectives for which the protected area was declared do not match those of the given category.
Sixth, the principle of categorization according to the objectives that according to this law must be carried out in accordance with the main objectives of the announcement of each category of protected areas.
Finally, the principle of management flexibility. Protected areas are managed according to any form of management/administration, in accordance with the provisions of this law.
Another element that changes with the new law is in articles 9 and 10, where it is specifically required to see the possibilities of developing economic activities.
Activities in protected areas, "in the hands of the government"
The activities that can be carried out in the protected areas defined in Article 33 of the law seem to have changed completely in wording, compared to what they were in the old law.
What stands out in the new list of activities is the fact that, based on its decision to declare the protected area, the government now has the power to decide what development it can take. But what are these activities?
First, the activities defined in the VKM of the declaration of the protected area and implemented according to the criteria approved by special regulations of the National Council of the Territory.
Secondly, the activities developed in accommodation structures of excellence, 5 stars or more, in the field of tourism and any other supporting activity/infrastructure or in their function, regardless of whether this is defined in the VKM of the declaration of the protected area.
Thirdly, the activities developed in agritourism accommodation structures and any other supporting activity/infrastructure or in their function, regardless of whether this is determined in the decision to declare the protected area.
Fourth, activities aimed at monitoring the environmental condition, the ecosystem, habitats and flora and fauna species.
Fifth, any activity related to necessary or urgent interventions for the improvement of biodiversity, regeneration or health, or any other activity for this purpose.
Sixth, military activities, which can be exercised after having been provided with an environmental permit.
Another element that seems to be in the hands of the government again is the change of the technical-formal elements, a new article regarding decisions on the declaration of protected areas.
Specifically, after Article 36, Article 36/1 is added, which underlines that the approval of the change of the technical-formal elements of the decision to declare the protected area, such as the name, management institution, zoning and sub-zoning, as well as the typology of permitted activities and prohibited for the protected area or each of its sub-areas is made by decision of the Council of Ministers, according to the proposal of the minister responsible for protected areas, where the need for a concrete change that will improve the network and protection of the area is argued, after receiving the decision of the KKT in case of change of zoning and sub-zoning.
In the cases of the provisions of points 2, 3 and 4 of article 33, the approval of the technical development rules and criteria by the KKT is considered an act of change".
More administration for protected areas
The law with the new amendments brings another institutional link for protected areas. Until now it was only the National Agency for Protected Areas, while after article 39, article 39/1 is added which adds the National Parks Administration Office.
The latter is a technical-administrative institution under the responsibility of the ministry responsible for protected areas, organized at the central and regional level, that operates within the geographical territory of the protected area "National Park", the territory of which is defined in the decision of the Council of Ministers for its creation. ZAPKs, within the territory of their activity, exercise administration powers, as well as approve in coordination with AKZM the proposals for management plans in accordance with the provisions of this law.
The management plans, restoration and conservation projects, research-scientific projects of ZAPK are examined, coordinated with AKZM and approved by the minister responsible for protected areas, in accordance with the nature, size and needs of the protected area./Monitor
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