Protected Areas Act (SNWT 2019, c 11).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act is organized in 6 Parts. Part 1, Interpretation And application, clarifies the purpose of the Act. The purpose of this Act is to support and promote the protection, conservation and maintenance of biodiversity, ecological integrity, and cultural continuity of the Northwest Territories through the creation of a representative network of protected areas intended to be permanent for the benefit of current and future generations. Part 2 provides for establishment of the Protected Areas Registry and clarifies the content of the registry. The Part also disciplines the nomination of a protected area; nomination can be made by an indigenous government or organization, by the Executive Council and the Minister shall consider the nomination without delay. An area shall be considered for approval as a candidate protected area if the area is made up exclusively of public land, or of public land and settlement lands or other private lands, or made up exclusively of settlement lands or other private lands, if the private landholders consent to the nomination; and if the Minister is satisfied that the area meets the purpose of this Act and any prescribed eligibility criteria. Competency for approval of A Candidate Protected Areas (section 11) is given to the Executive Council, on the recommendation of the Minister, and once approved shall be added to the Registry by the Minister. Once the Candidate Protected Area is established the Commissioner in Executive Council may, by regulation, establish a candidate protected area as a protected area (section 17); before this establishment the Minister must, with few exceptions, enter into an establishment agreement for the protected area with one or more Indigenous governments or organizations that the Executive Council has identified should be parties in the establishment of a protected area. The Minister shall also ensure that there is an opportunity for public engagement before the establishment of a protected area under section 17. The regulations establishing a protected area shall include the metes and bounds description of the area and any prohibited activities in addition to those set out in this Act that are set out in any applicable establishment agreement or, in the absence of an establishment agreement, as appropriate for the management of the protected area.
Under Part 3 the Minister is responsible for the administration, management and operation of a protected area. They may also be establish a management board and advisory bodies. A management plan for a protected area must be completed and must provide:(a) conservation objectives and any concurrent management objectives for the area; (b) if no regulations are made under the authority of paragraph 17(3)(c), where allowable activities can occur within the area; (c) indicators and baseline data collection to measure progress towards meeting the objectives of the protected area; (d) management actions which are required to meet objectives; (e) a process for a review to be conducted to determine whether the conservation objectives of the area are being met; (f) climate change considerations. Changes to protected areas are allowed, but with limitations.
Activities in protected areas are allowed if consistent with the Management Plan and authorized by a permit, exception for activities that are is the exercise of an Aboriginal or treaty right. Other activities considered by the Act include: damage, remove or destroy vegetation; harvest timber and non-timber product; agriculture; disturb or remove stone, soil or aggregates; dump or deposit substances that would degrade or alter the quality of the environment. Part 5 is enforcement, offences and penalties.
Under Part 3 the Minister is responsible for the administration, management and operation of a protected area. They may also be establish a management board and advisory bodies. A management plan for a protected area must be completed and must provide:(a) conservation objectives and any concurrent management objectives for the area; (b) if no regulations are made under the authority of paragraph 17(3)(c), where allowable activities can occur within the area; (c) indicators and baseline data collection to measure progress towards meeting the objectives of the protected area; (d) management actions which are required to meet objectives; (e) a process for a review to be conducted to determine whether the conservation objectives of the area are being met; (f) climate change considerations. Changes to protected areas are allowed, but with limitations.
Activities in protected areas are allowed if consistent with the Management Plan and authorized by a permit, exception for activities that are is the exercise of an Aboriginal or treaty right. Other activities considered by the Act include: damage, remove or destroy vegetation; harvest timber and non-timber product; agriculture; disturb or remove stone, soil or aggregates; dump or deposit substances that would degrade or alter the quality of the environment. Part 5 is enforcement, offences and penalties.
Attached files
Web site
Notes
Including amendments up to Miscellaneous Statute Law Amendment Act, 2020.
Repealed
No
Source language
English
Legislation Amendment
No