GUY - AC - LAND & INLAND WATER TENURE
Preconditions
Guyana / Preconditions
PRECONDITIONS
LAND & INLAND WATER TENURE
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Section 39 (1)The Minister, acting on a request made jointly by an Amerindian Village Council and the Commission, or in his own judgment, may declare an area of village lands to be an Amerindian protected area. (2) An order made under subsection ( l) shall - (a) describe the boundaries of the area; (b) state that the area is village land held by the Village Council on behalf of the Amerindian members of that village; (c) state that the sole management authority for the Amerindian protected area is the Village Council; ( d) state the classification assigned to the are a; (e) include a copy of the map submitted to the Minister.
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 Comrnission or the Guyana Geology and Mines Commission for the use of the land or area for the management, conservation and protection of wildlife.
Regulation 8(1) The Commission may enter into agreemcnts 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.
Section 11(1) In this section, "community group" means persons living within and having strong ties with the community and includes - (a) a registered community forestry organisation; (b) a registered society as defined by section 2 of the Co¬ operative Societies Act; or (c) a registered society as defined by section 2 of the Friendly Societies Act; (d) and any other similar society formed under any other law within the community group. (2) The purpose of this section is to provide communities with a means of acquiring clear and secure rights to manage and benefit from their local forests on a sustainable basis in order to help meet local needs, stimulate income generation and economic development, and enhance environmental stability. (3) The Commission may on application by any community group grant the group a community forest management agreement by entering into an agreement with the group concerned authorising that group to occupy a specified area of State forest and manage that area in accordance with the agreement. (4) No community forest management agreement may be granted to a group unless the Commission is satisfied that the following persons have been given a free and fair opportunity to join or otherwise participate in the affairs of that group- (a) persons living in close_proximity to the forest covered by the agreement; and (b) persons having strong traditional ties to use of that forest. (5) Unless sooner surrendered or revoked under this Act, a community forest management agreement expires on the earlier of - (a) the expiry date specified in the agreement; or (b) the second anniversary of its granting.
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).
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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).
(3) A concession may be granted to carry out forest conservation operations in an area even if forest produce suitable for commercial use occurs in the area.
(4) In determining an application, the Commission shall evaluate the technical and financial qualifications and compliance history of the applicant and every person having effective control of the applicant.
(5) No person may be granted a concession unless the Commission is of the
opinion that the person -
(a) intends in good faith to fulfil the forest concession agreement concerned; and (b) has the competence and resources to carry out the operations specified in that agreement.
(6) Unless sooner surrendered, revoked, or renewed under this Act, a
concession expires on the earlier of -
(a) the expiry date specified in the forest concession
agreement concerned; or
(b) the fortieth anniversary of the execution of that agreement.
(7) Where the holder of a concession under a Forest Concession
Agreement applies to the Commission for the renewal of the agreement three months before the expiry of the agreement, the Commission may renew the agreement, extending the duration of the concession in accordance with the regulations and on conditions the Commission thinks fit.
86.(1) Subject to subsection (2), on the commencement of this Act -
(a) a permission to occupy a State forest for the purpose of taking or obtaining forest produce, a lease, or a timber sales agreement, granted under the former Act and in force immediately before the commencement of this Act shall be deemed to be a concession granted under section 6;
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Regulation 9 (5) A programme as described in paragraphs (1) and (2) shall also be prepared in consultation with all stakeholders, including (but not limited to) the Guyana Forestry Commission, the Guyana Lands and Surveys Commission, the Guyana Geology and Mines Commission, Village Councils and other local communities and individuals where applicable. (6) A programme prepared for an area under paragraph (1) is subject to existing rights under Amerindian titles, concessions, leases and permits granted in respect of an area and shall identify such existing rights.
Section 7 (1) Before granting or renewing any concession over an area of State smaller forest 8097 hectares or smaller, the Commission shall - concessions. (a) by public notice in the gazette applications for a concession over the area and notify the locations where the documents referred to in subsection (2) may be inspected or bought; and (b) provide any other publicity that the Commission considers necessary to bring the invitation to the attention of persons likely to be interested in obtaining a concession over the area.
Section 23(1) 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.
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; and
Section 56. If the Guyana Forestry Commission intends to issue a permit, concession, licence, timber sales agreement or other permission in respect of any State forests which are contiguous with Village lands the Guyana Forestry Commission shall first consider the impact on the Village.
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 private leaseholders existing at the date of commencement of this Act.
Section 58 (extract)
(2) No protected area may be established over the whole or any part of Village lands without the consent of the Village general meeting.
(3) If a protected area is established on lands occupied or used by an Amerindian Community -
(a) there shall be no alteration or abrogation of any traditional right over such land unless the Amerindian Community which has the right gives its consent in writing; and
(b) the Amerindian Community which has a traditional right over such land shall be adequately consulted about the management of the protected area.
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Section29 (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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PART VI GRANTS OF COMMUNAL LAND TO AMERINDIAN VILLAGES AND AMERINDIAN COMMUNITIES
Section 59.
(1) A Village may, in accordance with subsection (2), apply in writing to the Minister for a grant of State lands as an extension to its Village lands and the application shall include-
(a) the name of the Village;
(b) the number of persons in the Village;
(c) the area of land which the Village already owns;
(d) the reason for the application;
(e) a description of the area; and
(f) a copy of a resolution passed by two-thirds of the Village general meeting, which authorises the Village Council to make the application.
(2) An application shall be signed by the Toshao, Secretary and two other members of the Village Council.
(3) An application shall be accompanied by a plan showing the existing Village lands prepared by a qualified land surveyor on the
basis of a survey authorised by the Guyana Lands and Surveys Commission.
(4) The State shall pay for the cost of the survey.
Section 60. (1) An Amerindian Community may apply in writing to the Minister for a grant of State lands provided -
(a) it has been in existence for at least twenty-five years;
(b) at the time of the application and for the immediately preceding five years, it comprised at least one hundred and fifty persons.
(2) An application made under subsection (1) shall include-
(a) the name of the Amerindian Community;
(b) the number of persons in the Amerindian Community;
(c) the reason for the application;
(d) a description of the area requested; and
(e) a resolution authorising the application and passed by at least two thirds of the adult members of the Amerindian Community.
(3) An application shall be signed by at least four adult members of the Amerindian Community.
(4) If a Community Council has been recognised under section 85, at least four of the signatories to an application shall be members ofthe Community Council.
Section 63. (1) If an application is approved title shall be granted under the State Lands Act.
(2) In the case of a Village, title shall be granted to the Village Council to be held for the benefit of the Village.
(3) In the case of an Amerindian Community, the Minister shall by order establish a Village Council to hold title on behalf of the applicant Community and upon the grant of title the Amerindian
Community becomes a Village.
(4) If a Community Council has been recognised under section 85, the Minister shall by order establish the Community Council as a Village Council.
Section 64. An Amerindian Village or Community which is dissatisfied with the Minister's decision under section 62 may apply to the High Court for a review of the decision.
Preamble (extract): We, the Guyanese people […] value the special place in our nation of the Indigenous Peoples and recognise their right as citizens to land and security […]
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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 73 In order to protect traditional rights the management authority for a national protected area may enter into an agreement with each Amerindian community and Amerindian village which has traditional rights in the national protected area and the agreement may provide for - (a) the use of scientific methodologies to assess the levels at which use is sustainable. (b) systems for monitoring and recording the exercise of traditional rights; (c) systems for reporting any threats to traditional rights including any use or extraction of resources which is not authorised under a traditional right or otherwise permitted in the management plan; (d) recognition of the spiritual relationship which the Amerindian community or Amerindian village has with the national protected area or any part of it; (e) identification of sacred places and measures to ensure their protection;
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Section 4 Principles of ecologically sustainable development include -(f) the principle of local benefit- local people should be provided with training and education relevant to job placement opportunities in the national protected area system.
Section 28 (1) Before making a recommendation to the Minister the Commission shall -(e) consult the Minister with responsibility for Amerindian affairs, the Guyana Geology and Mines Commission, the Guyana Forestry Commission, the Guyana Lands and Surveys Commission, Environmental Protection Agency, the National Trust, Guyana National Energy Agency, Guyana Hydrometeorological Department, local government, and other relevant organs of State as appropriate.
Section 63 (2) In establishing a site level management authority; the Commission shall take into account the need for representation by local inhabitants and local conservation organisations.
Section 69 A management plan may include- (e) education, training and other provisions to develop local capacity to take advantage of commercial opportunities in and around protected areas
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Section 2 A person may, in relation to a State forest, exercise or perform any right, power, duty, or privilege - (e) held by any Amerindian Village or Community under sustainable none commercial practices immediately before the commencement of this Act, if the right, power, duty, or privilege (as the case may be) is exercised or performed sustainably in accordance with the spiritual relationship of the group with the land.
Section 48 (1) (extract) A miner who wishes to carry out mining activities on Village lands or in any river, creek, stream or other source of water within the boundaries of Village lands shall -
(a) obtain any necessary permissions and comply with the requirements of the applicable written laws; (...)
(f) subject to section 51 reach agreement with the Village Council on the amount of tribute to be paid; and
(g) obtain the consent of at least two-thirds of those present and entitled to vote at a Village general meeting.
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 51. (1) A miner shall pay the Village tribute of at least seven percent of the value of any minerals obtained from Village lands from small or medium scale mining.
(2) A miner shall negotiate in good faith with a Village the amount of tribute to be paid for minerals obtained from Village lands from large scale mining and in the case where the Village has refused its
consent such tribute shall be agreed between the Minister and the miner before the mining activities commence.
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 private leaseholders existing at the date ofcommencement of this Act.
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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).
(3) A concession may be granted to carry out forest conservation operations in an area even if forest produce suitable for commercial use occurs in the area.
(4) In determining an application, the Commission shall evaluate the technical and financial qualifications and compliance history of the applicant and every person having effective control of the applicant.
(5) No person may be granted a concession unless the Commission is of the opinion that the person -
(a) intends in good faith to fulfil the forest concession agreement concerned; and
(b) has the competence and resources to carry out the operations specified in that agreement.
(6) Unless sooner surrendered, revoked, or renewed under this Act, a concession expires on the earlier of -
(a) the expiry date specified in the forest concession
agreement concerned; or (b) the fortieth anniversary of the execution of that agreement.
(7) Where the holder of a concession under a Forest Concession Agreement applies to the Commission for the renewal of the agreement three months before the expiry of the agreement, the Commission may renew the agreement, extending the duration of the concession in accordance with the regulations and on conditions the Commission thinks fit.
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.
(3) Subject to subsections (4) to (6), sections 14 to 21 apply with all necessary modifications to a licence granted under this section, and its holder, as if the licence were a State forest authorisation.
(4) Nothing in subsection (8) of section 18 applies to a licence granted under this section.
(5) No licence granted under this section may be suspended or revoked without the Minister's consent.
(6) The Commission may renew a licence granted under this section on any conditions it thinks fit, in accordance with any regulations.
Section 86 (1) Subject to subsection (2), on the commencement of this Act -
(a) a permission to occupy a State forest for the purpose of taking or obtaining forest produce, a lease, or a timber sales agreement, granted under the former Act and in force immediately before the commencement of this Act shall be deemed to be a concession granted under section 6;
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 private leaseholders existing at the date ofcommencement of this Act.
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Regulation 9(1) The Commission shall, in respect of any agreement concluded pursuant to regulations 7 and 8, cause to be prepared a detailed written programme of the operations that the Commission proposes to undertake on or in relation to the area for such period, not exceeding ten years as is specified in the scheme. (5) A programme as described in paragraphs (1) and (2) shall also be prepared in consultation with all stakeholders, including (but not limited to) the Guyana Forestry Commission, the Guyana Lands and Surveys Commissoon, the Guyana Geology and Mines Commission, Village Councils and other local communities and individuals where applicable. (6) A programme prepared for an area under paragraph (1) is subject to existing rights under Amerindian titles, concessions, leases and permits granted in respect of an area and shall identify such existing rights. Section. Regulation 19(1) The Minister rnay, in consultauon with Village Councils and Amerindian Communities, in order to ensure the continuance of the traditional rights of Amerindians within the boundaries of Village Lands and any extensions thereof, cxernpt any Amerindian or group of Amerindians from the provisions of these Regulations relating to the collecting ofwildlife or the keepíng or confining of any animal in captivity. (2) Where the Minister grunts the exernption to any Amerindian or group of Amerindians under paragraph (1) it shall be a condition of in such exemption that such Amerindians shall not use such wildlife for any other purpose other than subsistence or medicinal purposes or such other purpose as the Minister may specify.
Section 2 In this Act "traditional right" means any subsistence right or privilege, in existence at the date ofthe commencement ofthis Act, which is owned legally or by custom by an Amerindian Village or Amerindian Community and which is exercised sustainably in accordance with the spiritual relationship which the Amerindian Village or Amerindian Community has with the land, but it does not inc lude a traditional mining privilege.
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 private leaseholders existing at the date of commencement of this Act
Section 149G. Indigenous peoples shall have the right to the protection, preservation and promulgation of their languages, cultural heritage and way of life
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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 private leaseholders existing at the date of commencement of this Act
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Regulation 9 (1) The Commission shall, in respect of any agreement concluded pursuant to regulations 7 and 8, cause to be prepared a detailed written programme of the operations that the Commission proposes to undertake on or in relation to the area for such period, not excceding ten years as is specified in the scheme, (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.
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Section 70 The management authority which is responsible for the management plan for a national
protected area shall —
(a) put a notice in at least two national newspapers stating where the management plan
may be inspected and giving not less than four weeks from the date of publication
in the Gazette for members of the public to make comments; and
(b) hold at least one public meeting in Georgetown to discuss the management plan.
Section 71 The management authority responsible for the management plan for a national protected
area shall send a notice to each Amerindian community and Amerindian village in the
area stating where the management plan may be inspected and giving them not less than
four weeks from the date of the notice to make comments on the management plan.
Regulation 9 (3) The Commission shall prepare a written notice - (a) stating that copies of the written programme are available for inspection during office hours at a place stated in the notice; (b) inviting interested people to make written comments about the programme within the period stated in the notice. (4) The notice shall be - (a) posted on the Commission's website, at Police Stations and Post Oflices in the vicinity of the area to which the programme is related; (b) posted in the office of the Regional Chairman in charge of the region in which the area is situated , in a conspicious place in the building housing the, Office of the Regional Chairman and at each post office and police station within the area; and communicated in any other manner as is best calculated to bring it to the attention of persons likely to be interested in the notice. (5) A programme as described in paragraphs (1) and (2) shall also be prepared in consultation with all stakeholders, including (but not limited to) the Guyana Forestry Cornmission, the Guyana Lands and Surveys Commission, the Guyana Geology and Mines Commission, Village Councils and other local communities and individuals where applicable.
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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
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Regulation 9 (6) A programme prepared for an area under paragraph (1) is subject to existing rights under Amerindian titles, concessions, leases and permits granted in respect of an area and shall identify such existing rights.
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Section 11 (2) The purpose of this section is to provide communities with a means of acquiring clear and secure rights to manage and benefit from their local forests on a sustainable basis in order to help meet local needs, stimulate income generation and economic development, and enhance environmental stability.
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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 70 The management authority which is responsible for the management plan for a national
protected area shall —
(a) put a notice in at least two national newspapers stating where the management plan
may be inspected and giving not less than four weeks from the date of publication
in the Gazette for members of the public to make comments; and
(b) hold at least one public meeting in Georgetown to discuss the management plan.
Section 71 The management authority responsible for the management plan for a national protected
area shall send a notice to each Amerindian community and Amerindian village in the
area stating where the management plan may be inspected and giving them not less than
four weeks from the date of the notice to make comments on the management plan.
Regulation 9 (3) The Commission shall prepare a written notice - (a) stating that copies of the written programme are available for inspection during office hours at a place stated in the notice; (b) inviting interested people to make written comments about the programme within the period stated in the notice. (4) The notice shall be - (a) posted on the Commission's website, at Police Stations and Post Offices in the vicinity of the area to which the programme is related; (b) posted in the office of the Regional Chairman in charge of the region in which the area is situated , in a conspicious place in the building housing the, Office of the Regional Chairman and at each post office and police station within the area; and communicated in any other manner as is best calculated to bring it to the attention of persons likely to be interested in the notice.