GUY - AB - LAND & INLAND WATER USE PLANNING
Preconditions
Guyana / Preconditions
PRECONDITIONS
LAND & INLAND WATER USE PLANNING
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Section 2.11 (extract) Biodiversity and Protected Areas [...] they contain many animal and plant endemics (it is estimated that 5% of all flora species in Guyana are endemic), they provide numerous habitats for wildlife, and they are an integral part of the country’s freshwater ecosystems [...] Nature Reserves are created strictly for the protection of wildlife and for the maintenance of undisturbed ecosystems.
Section 3.5.6 Protected Areas, Ecological Function and Biodiversity. As the Region 9, Sub-Region 1 Land Use Plan stated, a ‘decline in wildlife and fish populations are more a result of poor management (fishing with toxins for instance) than land pressure.
Table 6-3 An assessment of biodiversity and/or of ecological function will enable areas of particularly high biodiversity or critical ecological function to be identified. This will also enable policy decisions regarding land use priorities and management to be undertaken
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Section 6 (1) (extract) The functions of the Commission shall be to – (...) (s) on a periodic basis, assess and report on the status of species of wildlife in Guyana in consultation and collaboration with other institutions. (x) determine and cause to be published the annual “closed season” timeframe for the hunting, trapping and trade of species of wild fauna, which annual “closed season” timeframe shall be determined through the process of consultation with stakeholders and the conduct of scientific research on the said species and that of threatened species and species in population recovery in their natural habitat; such research shall include but not be limited to that of their nesting patterns, breeding cycles, reproduction units and mortality predictions.
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What we will do over the next 10 years (pp. 7-12).
Section 6 (1) The functions of the Commission shall be to –(r) coordinate, in consultation with stakeholders, the
establishment and maintenance of wildlife conservation
and management plans and programmes.
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Section 13(1) (extract) The functions of a Village Council are to - (f) promote the sustainable use, protection and conservation of Village lands and the resources on those lands.
Section 14(1) (extract) Subject to the other provisions of this Act, a Village Council may, in the exercise of its functions, make rules governing :
(d) the management, use, preservation, protection and conservation of Village lands and resources or any part thereof.
Section 32 (1) (extract) A Village Council shall submit each year for approval by the Village general meeting a Village plan of the activities proposed for the next twelve months (...)
Section 36. (extract) The functions of a District Council are - (...)
(d) to plan and develop programmes for the District on environmental protection and management, health care, education, transportation, culture, economic development and any other issues relating to the functions of the Village Councils;
Section 41. The functions ofthe National Toshaos Council are - (e) to prepare strategies and plans for the protection, conservation and sustainable management of Village lands and natural resources
This plan for Wapichan wiizi will: Support our leaders’ work to get our rights to Wapichan territory legally recognised.
Help our Village Councils to protect the land and natural resources that our way of life depends on.
Help our communities agree on how to use the land, for the benefit of the present and future generations.
Section 6 (1) The functions of the Commission shall be to –(r) coordinate, in consultation with stakeholders, the establishment and maintenance of wildlife conservation and management plans and programmes. (aa) facilitate, promote and support mechanisms, whereby local indigenous villages may participate in the effective protection, conservation, management and sustainable use of wildlife on their titled lands;
Section 83. (1) The Minister may make regulations generally for the purpose of giving effect to the provisions of this Act, and in particular but without prejudice to the generality of the foregoing, may make regulations with respect to any of the following – (h) prescribing measures that enhance community participation in the protection, conservation, management and sustainable use of wildlife;
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Regulation 7 (1) The Commission may enter into an agreement with the Guyana Lands and Surveys Commission, the Guyana Forestry Commission or the Guyana Geology and Mines Commission, upon such terms and conditions as shall be mutually agreed, for any land or area under the control or authority of the Guyana Lands and Surveys Commission, the Guyana Forestry Commission or the Guyana Geology and Mines Commission for the use ofthe land or area for the management, conservation and protection of wildlife.
Regulation 9 (2) The objectives of the programme shall be the maintenance, care, study and restoration of the natural environment, the protection and care of wild animals and plants, the propagation thereof, the promotion of the study of wild animals and plants to which the scheme relates and such other objects relating to the conservation and protection of animals and plants as the Commission considers appropriate.
Section 13(1) (extract) The functions of a Village Council are to - (f) promote the sustainable use, protection and conservation of Village lands and the resources on those lands.
Section 14(1) (extract) Subject to the other provisions of this Act, a Village Council may, in the exercise of its functions, make rules governing :
(d) the management, use, preservation, protection and conservation of Village lands and resources or any part thereof.
Section 32 (1) (extract) A Village Council shall submit each year for approval by the Village general meeting a Village plan of the activities proposed for the next twelve months (...)
Section 36. (extract) The functions of a District Council are - (...)
(d) to plan and develop programmes for the District on environmental protection and management, health care, education, transportation, culture, economic development and any other issues relating to the functions of the Village Councils;
Section 41. The functions ofthe National Toshaos Council are - (e) to prepare strategies and plans for the protection, conservation and sustainable management of Village lands and natural resources
Section 4.4. (extract): REGIONAL DEVELOPMENT OPTIONS. Table 4-3 below shows the primary and secondary development options by natural region. The sectors used in the assessment are those used in the evaluation of opportunities and constraints with the exception of Amerindian Areas which have been excluded since they are not a sectoral development option [...]
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Section 2. In this Act- "Amerindian Village lands" has the meaning given to it by section 2 of the Amerindian Act 2006;"private land" means land that is neither public land nor Village land;
Section 3. (1) The Minister may, by public notice, make an order declaring any area of public forested land to be a State forest. (2) No order may be made except on the advice of the Commission that the forests in the area are suitable for long-term forestry purposes.
Section 6. (1) In this section, "person having effective control", in relation to an applicant, has the definition given to it by section 16(1), except that any reference in that definition to a holder shall be read as a reference to the applicant. (2) Subject to this section and sections 7 and 8, the Commission may on application grant any person a forest concession agreement by entering into a legally binding agreement with the person concerned authorising that person to do all or any of the following - (a) enter and occupy a specified area of State forest; (b) cut and take a specified kind and quantity of forest produce in the area; (c) carry out other specified forest operations or carry out forest conservation operations in the concession area; (d) carry out specified operations in any other area of State forest as necessary to facilitate the activities or operations specified in paragraph (a), (b), or (c).
Section 31. (1) The Minister may by public notice make an order - (a) declaring any forest on private land to be a forest conservation area
Section 72. (1) In this section, "Minister" means the Minister responsible for State lands. (2) With the approval of the Minister, the Commission may grant any person a licence to - (a) cut and take any forest produce found on any area of unallocated public land outside State forests; and (b)occupy that land for this purpose.
Section 88. (1) Subject to subsection (2), a lease, licence, or permission· granted or issued under the State Lands Act and in force immediately before the "commencement of this Act -in respect of an area of State forest, shall be deemed to be a concession granted under section 6; and in respect of any other land, shall be deemed to be a licence granted under section 72. (2) (2) A document deemed under subsection (1) to be - (a) a concession granted under section 6; or (b) a licence granted under section 72, shall not be renewed, and, unless sooner surrendered or revoked under this Act, expires on the date on which the document would have expired had this Act not been passed. (3) Subsection (1) has effect - (a) notwithstanding that any area of State forest included in a lease, licence, or permission referred to in subsection (l)(a) ceases to be State land on the commencement of this Act; and (b) notwithstanding any other provision to the contrary in this Act. Amendments: Insert, after the definition of "officer", the following definition - "State land" excludes any land in a State forest (as defined by section 2 of the No.6 of 2009 Forests Act 2009)".
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Section 3. (1) The Minister may, by public notice, make an order declaring any area of public forested land to be a State forest. (2) No order may be made except on the advice of the Commission that the forests in the area are suitable for long-term forestry purposes. (3) An order under this section may be amended, suspended, or revoked by the Minister by public notice on the advice of the Commission. (4) For the avoidance of doubt, nothing in this section applies to - (a) Amerindian Village lands as defined by section 2 of the Amerindian Act 2006; (b) Iwokrama Rainforest; or (c) Kaieteur National Park.
Section 23. The Environmental Protection Agency may, by public notice, make an areas. order- (a) declaring a specified area of State forest to be a specially protected area for a specified period not exceeding 25 years; and (b) prohibiting any disturbance of the soil, vegetation, rivers, or creeks in that specially protected area: shall - (2) Before making an order, the Environmental Protection Agency (a) publicly notify the proposed order, the reasons for making it (including environmental considerations), and the locations where the documents referred to in subsection (3) may be inspected or bought; (b) provide any other publicity that the Agency considers reasonably necessary to bring the notice to the attention of all persons whose interests may be affected by the order; (c) invite written submissions from interested persons, and receive them, for not less than 10 days from the date of publication of the proposed order in the Gazette under paragraph (a); (d) hold a public hearing to discuss the proposed order and eceive oral or written submissions; and (e) consult the Commission on any submissions received on the proposed order. (3) The Commission shall make available for inspection at its offices, and for sale on a cost recovery basis, any documents that the Commission believes would assist the public to develop a reasonable understanding of the reasons for the proposed order. (4) No order may be made except with the approval of the Minister and on the advice of the Commission that the order is necessary to protect the area of State forest concerned from activities likely to cause damage to its soil or water resources. (5) No person shall breach an order made under this section. (6) An order under this section is subject to negative resolution of the National Assembly.
Section 31. The Minister may by public notice make an order - (a) declaring any forest on private land to be a forest conservation area; and (b) prohibiting, restricting, or regulating all or any of the following - (i) entry into the forest conservation area; (ii) cutting, damaging, taking, or removing any forest produce in the forest conservation area; (iii) other forest operations in the forest conservation area; (iv) exploratory operations in the forest conservation area; (v) clearing, cultivating, or turning of soil in the forest conservation area; (vi) grazing or pasturing of livestock in the forest conservation area; (vii) setting of fire in the forest conservation area; (viii) any other act in the forest conservation area that appears to be prejudicial to a purpose specified in any of paragraphs (a) to (g) of subsection (2). (2) No order may be made except on the advice of the Commission that the order is necessary for - (a) conserving the forests of Guyana and securing the proper management of forest land; (b) preventing soil erosion, coastal erosion, or erosion of the banks of rivers or creeks; (c) preventing the deposit of mud, stones, or sand in rivers or creeks or on agricultural land; maintaining water supplies in springs, rivers, canals, reservoirs, aquifers, or water conservancies; (d) (e)minimising the risk or mitigating the impact of storms, winds, floods, or landslides; (f)protecting roads, bridges, airstrips, or other infrastructure works; or (g)preserving human health. (3) An order may exempt any class of persons, activities, or land. (4) No person shall breach an order made under this section.(5) An order under this section is subject to negative resolution of the National Assembly. (6) The State shall give the owner and the lawful occupier of any land declared to be a forest conservation area adequate compensation for the disturbance of their rights, including the fair value of all forest produce to which that owner or occupier would, but for the order, be entitled to remove from the land. Disease and pests on any land.
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Section 23. (2) Before making an order, the Environmental Protection Agency (a)publicly notify the proposed order, the reasons for making it (including environmental considerations), and the locations where the documents referred to in subsection (3) may be inspected or bought; (b) provide any other publicity that the Agency considers reasonably necessary to bring the notice to the attention of all persons whose interests may be affected by the order;(c)invite written submissions from interested persons, and receive them, for not less than 10 days from the date of publication of the proposed order in the Gazette under paragraph (a); (d)hold a public hearing to discuss the proposed order and receive oral or written submissions; and (e) consult the Commission on any submissions received on the proposed order.
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Section 29. (extract) Women's participation in the various management and decision-making processses [...] shall be encouraged and facilitated by laws enacted for that purpose or otherwise.
Section 149F. (1) Every woman is entitled to equal rights and status with men in all spheres of political, economic and social life.All discrimination againts women on the basis of gender or sex are illegal (2) Every woman is entitled to equal access with men to academic, vocational and professional training, equal opportunities in employment, remuneration and promotion and in social, political and cultural activity
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Regulation 8. Agreement for private conservation area (1) The Commission may enter into agreements upon such terms and conditions as shall be mutually agreed with a private landowner, for the use of the land for the management, conservation and protection of wildlife
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Section 31. (extract)
(1) The Minister may by public notice make an order -
(a) declaring any forest on private land to be a forest conservation area; and
(b) prohibiting, restricting, or regulating all or any of the following - (i) entry into the forest conservation area; (ii) cutting, damaging, taking, or removing any forest produce in the forest conservation area; (iii) other forest operations in the forest conservation area; (iv) exploratory operations in the forest conservation area; (v) clearing, cultivating, or turning of soil in the forest conservation area; (vi) grazing or pasturing of livestock in the forest conservation area; (vii) setting of fire in the forest conservation area; (viii) any other act in the forest conservation area that appears to be prejudicial to a purpose specified in any of paragraphs (a) to (g) of subsection (2).
(2) No order may be made except on the advice of the Commission that the order is necessary for -
(a) conserving the forests of Guyana and securing the proper management of forest land;
(b) preventing soil erosion, coastal erosion, or erosion of the banks of rivers or creeks; (...)
(d) preventing the deposit of mud, stones, or sand in rivers or creeks or on agricultural land; maintaining water supplies in springs, rivers, canals, reservoirs, aquifers, or water conservancies;
(e) minimising the risk or mitigating the impact of storms, winds, floods, or landslides;
(f) protecting roads, bridges, airstrips, or other infrastructure works; or
(g) preserving human health.
Section 50. (1) (extract) If a Village refuses its consent in respect of large scale mininb, a miner may carry out the mining activities if -
(a) the Minister with responsibility for mining and the Minister declare that the mining activities are in the public interest (...)
Section 6A. Notwithstanding anything contained in any law or in any judgment, decree or order of any Court, it shall, with effect from the commencement of the Acquisition of Lands for Public Purposes (Amendment) Act 2001, be lawful under this Act to acquire land for the proposed construction of a public work or for a public purpose whether or not there is any building or erection on such land
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Section 31. (6) The State shall give the owner and the lawful occupier of any land declared to be a forest conservation area adequate compensation for the disturbance of their rights, including the fair value of all forest produce to which that owner or occupier would, but for the order, be entitled to remove from the land.
Section 50. (1) (extract) If a Village refuses its consent in respect of large scale mininb, a miner may carry out the mining activities if -
(a) the Minister with responsibility for mining and the Minister declare that the mining activities are in the public interest
(b) subject to section 51(2) and (3) the Minister with responsibility for mining in consultation with the Minister determines the fee and the tribute to be paid bs the miner to the Village (...)
(c) the miner gives the Minister with responsibility for mining a written undertaking that he will (...) (iii) promptly pay fair compensation for any damage caused by his mining activities to Village lands or property owned by residents.
Section 142 (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except by or under the authority of a written law and where provision applying to that taking of possession or acquisition is made by a written law requiring the prompt payment of adequate compensation.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the preceding paragraph - (...)
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of (i) property of the Amerindians of Guyana for the purpose of its care, protection and management or any right, title or interest held by any person in or over any lands situate in an Ameridian District, Area, or Village established under the Amerindian Act for the purpose of effecting the termination or transfer thereof for the benefit of an Ameridian community ;
Section 7. (1) At the expiration of one month from the date of the order mentioned in the last preceding section or of any longer period fixed by the order, the land specified therein shall vest in the State, subject to the payment of the purchase money or of any compensation as hereinafter provided.
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Section 11. (1) A developer of any project listed in the Fourth Schedule, or any other project which may significantly affect the environment shall apply to the Agency for an environmental permit and shall submit with such application the fee prescribed and a summary of the project including information on:-
(i) the site, design and size of the project;
(ii) possible effects on the environment
(iii) the duration of the project; and
(iv) a non-technical explanation of the project.
(2)Where it is not clear whether a project will significantly affect the environment, the developer shall submit to the Agency a summary of the project which shall contain the information as required by subsection (1) and the Agency shall within a reasonable period publish in at least one daily newspaper a decision with reasons as to whether the project:
(a) will not significantly affect the environment, and thereof exempt from the requirement for an environmental impact assessment; or
(b) may significantly affect the environment and will require and environmental impact assessment.
FOURTH SCHEDULE - (extract)
PROJECTS
1.The construction of any hotel, guest house or inn above ten rooms
3. The construction of roads, harbours, and airfields
7. The release, use or keeping of any genetically modified organisms
8. The harvesting and utilisation of forest resources.
9. The extraction and conversion of mineral resources.
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Section 29. (extract): Women's participation in the various management and decision-making processses [...] shall be encouraged and facilitated by laws enacted for that purpose or otherwise.
Section 149F. (1) Every woman is entitled to equal rights and status with men in all spheres of political, economic and social life.All discrimination againts women on the basis of gender or sex are illegal (2) Every woman is entitled to equal access with men to academic, vocational and professional training, equal opportunities in employment, remuneration and promotion and in social, political and cultural activity
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Section 10. (1) The Commission may on application, and after consultation with relevant stakeholders grant any person a Use Permit to enter, occupy, and use a specified area of State forest for one or more of the following purposes -
(a) conducting scientific research;
(b) education or training;
(c) recreation or eco-tourism, including hiking and camping;
(d) taking photographs or making films or videos or sound recordings;
(e) any other purpose publicly notified by the Commission.
Section 57. Nothing in this Act shall, except where expressly stated, be construed to prejudice or alter any traditional right over State lands and State forests save that where leases have been granted traditional rights shall be exercised subject to the rights of priva te leaseholders existing at
the date ofcommencement ofthis Act
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Section 10. (1) The Commission may on application, and after consultation with relevant stakeholders grant any person a Use Permit to enter, occupy, and use a specified area of State forest for one or more of the following purposes -
(a) conducting scientific research;
(b) education or training;
(c) recreation or eco-tourism, including hiking and camping;
(d) taking photographs or making films or videos or sound recordings;
(e) any other purpose publicly notified by the Commission.
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Section 28. (extract): Every young person has the ([...]) opportunity for responsible participation [...]
Section 29 (extract): Women's participation in the various management and decision-making processses [...] shall be encouraged and facilitated by laws enacted for that purpose or otherwise.
Section 149F. (1) Every woman is entitled to equal rights and status with men in all spheres of political, economic and social life.All discrimination againts women on the basis of gender or sex are illegal (2) Every woman is entitled to equal access with men to academic, vocational and professional training, equal opportunities in employment, remuneration and promotion and in social, political and cultural activity .
Section 212 S. (2) (extract): The Indigenous Peoples' Commission shall consist of persons from each of the cathegories referred to in sub-paragraphs (a), (b), (c) appointed by the President as follows- (b) three persons, at least one being a woman nominated by the Toshaos Council and two persons including one woman nominated by Amerindian Organisations [...]
Section 212 T (extract) ([...]) the functions of the Indigenous Peoples' Commission are to- (f) promote consultation and cooperation with indigenous peoples especially with regard to their participarion in national decision making and other decisions that affect their lives