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LEGAL ANALYSIS OF THE

SAINT LUCIA LEGISLATIVE AND GOVERNANCE FRAMEWORK FOR

PROTECTED AREAS

Prepared by: Elma Gene Isaac January 13, 2017

An initiative of the ACP Group funded by the European Union under the 10th EDF

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TABLE OF CONTENTS Page

Executive Summary ………………………………………………………………….……….3 1. INTRODUCTION

1.1. Project context and objectives…………………………………………………….....5 1.2. Methodology ………………………………………………………………………......6

2. LEGISLATIVE FRAMEWORK FOR PROTECTED AREAS

2.1. Policy basis and data availability……..………………………………………………8 2.2. Legislative Framework……………………………………………………………….10

2.2.1. General ………………………………………………………………………...10 2.2.2. Overview of laws……………………………………………………………....11 2.2.3. Further issues on the legislation…………………………………………..…26

3. INSTITUTIONAL ARRANGEMENTS

3.1. Principal and supporting institutions ……………………………………………….28 3.2. Issues and challenges………………………………………………………………..29

4. A WORD ON OTHER INITIATIVES...…………………….………………………....….33

5. CONCLUSION……….………………………………………………………….………….34 References..……………......……………………………..………………………….………36 Appendix 1: Terms of reference ……………………………………………………………(i) Appendix 2: Legislation relevant to protected areas………………………………...……(iv) Appendix 3: Protected areas - forests ……………………………………….…………….(vi) Appendix 4: List of properties managed by the Saint Lucia National Trust……………(viii) Appendix 5: Marine reserves – Saint Lucia Gazette ……………………………………..(ix) Appendix 6: Beaches managed by the National Conservation Authority……………….(x) LIST OF TABLES Table 1 Persons and agencies interviewed……………………………………………….. 7 Table 2 List of protected areas - Saint Lucia………………………………………...……. 9 Table 3 List of primary government entities and related agencies……………………….29

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EXECUTIVE SUMMARY It has been acknowledged that the current approach to governance of protected areas in Saint Lucia is far from ideal, and this, despite attempts by national and regional actors to remedy the situation by way of designing systems plans, draft policy and model legislation. There is no national policy on protected areas, hence no single vision which incorporates guiding principles or nationally accepted best practices or standards to inform the elaboration of individual initiatives in protected areas design or management. A concerted effort must be made to agree on such a policy. There appears to be a lack of readily available consolidated data on protected areas at the national level. There are several lists which are agency- or area- specific, but no comprehensive listing. International agencies’ websites include lists of some 42 protected areas designated for Saint Lucia. In addition to listing protected areas, it is necessary to survey and demarcate them, as this would facilitate their accurate designation, appropriate use, identification of the relevant management agency/ agencies and the determination of each agency’s remit and sphere of operations where several entities are involved. The legislative framework of Saint Lucia is characterized by several laws related to protected areas, which are implemented to varying degrees and are often unsupported by regulations and rules to give effect to substantive provisions. There is need to define the term ‘protected areas’ broadly and specifically, in the law. There are at least 13 national laws and two international conventions – not incorporated into domestic law- which relate to protected areas. Consideration should be given to a single overarching piece of legislation which would assist in rationalizing the multiple laws which are currently in effect. The conventions should be given effect in domestic legislation in order that their provisions may be enforced nationally. The matter of regulations must be addressed. There is a general absence of regulations and where these exist, they may not address all the relevant aspects of the primary legislation. This has implications for the making of declarations relating to protected areas, as well as for enforcement of the law. As is the case with the legislation, there are several institutions involved in the designation and management of protected areas. These involve at least 4 government ministries and 12 related departments or agencies, which administer different aspects of protected areas governance. It is necessary to clarify roles and powers, particularly where there are various actors in the same space, or where there are multiple-use areas which also involve more than one agency. Consideration should be given to

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establishing a single entity which would be responsible for oversight of protected areas designation and management and would coordinate the work of the various agencies. The legislation on protected areas must state explicitly the roles and jurisdiction of the various agencies, as well as this oversight/ coordinating body, so that ‘grey areas’ are either eliminated or managed more efficiently. Provision must also be made for regular reporting to the Cabinet of Ministers and for submissions to be made to the Parliament. This will assist in ensuring that decision-making at the highest level is based on comprehensive and accurate information. Advocacy plays an important role in resolving potential institutional conflicts and in ensuring adequate visibility of competing interests, particularly when there is significant friction between conservationist and developmental thrusts. A concerted effort must therefore be made to ensure stakeholder awareness-building and education on protected areas.

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INTRODUCTION

1.1 Project context and objectives The issue of designation and management of protected areas is significant universally, as an increasing number of countries realize the critical role protected areas play in species and ecosystems management and in securing the provision of environmental goods and services within a sustainable framework. The BIOPAMA project is supporting Saint Lucia’s efforts relating to protected areas, with specific reference to the possible adoption of a systems plan, including attendant policy, law and governance measures. It has been acknowledged that the current approach to protected areas in Saint Lucia is far from ideal. Since the establishment of the first protected area in 1916, activities have proceeded in a generally ad hoc manner, resulting in a series of laws and institutional arrangements which are, at best, disjointed and at worst, conflictual. Under the Organisation of Eastern Caribbean States (OECS) Protected Areas and Associated Livelihoods (OPAAL) Project, between 2004 and 2011, important work was done towards rationalizing the approach to protected area management throughout the region, with a view to OECS Member States’ adoption of a harmonized policy and related laws. The Saint Lucia National Trust has also been engaged, providing the resources for and spearheading the production of the first systems plan for protected areas in 1992. The assessment of the legislative framework for protected areas, which is the subject of this consultancy, is expected to result in the identification of areas of jurisdictional overlap among institutions involved in the management of protected areas and the submission of proposals to address them. It is anticipated that this will also support the comprehensive appraisal of the 2009 proposed systems plan and, ultimately, the design of an appropriate systems plan for protected areas in Saint Lucia. As stated in the Terms of Reference set out as Appendix 1 to this report, the general objective of the consultancy is to provide support to the Government of Saint Lucia in the development of an action plan to adopt and implement the Systems Plan for Protected Areas in Saint Lucia. The specific objective is to assess the current legislative framework for protected areas within Saint Lucia, for the purpose of recommending strategies to address any overlap of mandates and roles of different institutions involved in protected areas management.

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1.2 Methodology The assessment of the legislative framework for protected areas in Saint Lucia was conducted primarily by desk research. The consultant compiled an inventory of existing laws and regulations which are in effect and deemed to relate directly or indirectly to protected areas designation and management in Saint Lucia. The consultant also considered the Draft OECS Model Protected Area Systems Act1, as well as the 2014 Draft Environmental Management Act2 and its related Saint Lucia Pollution Regulations. Appendix 2 sets out the legislation compiled and analysed. Other documents served as references particularly for setting the context for this current research. The list of references is set out at page 36 of this Report. The institutional analysis commenced with consideration of the mandates stated in the legislation and regulations, as well as administrative arrangements employed to give effect to the legislation. This analysis was supported by interviews with some of the relevant institutions and persons. No questionnaires were administered. For purposes of the interviews the consultant posed a series of questions intended to assess the practical implementation of legal mandates, relationships between and among institutions, as well as internal institutional strengths and weaknesses. These were deemed critical for the consultant’s understanding of the operation of the laws and regulations, as well as the current approach to management of overlapping roles and mandates where these exist. Table 1 below lists the persons and agencies interviewed.

1 Prepared by John C. Knechtle, 2008, for the OPAAL Project 2 Piloted in 2014 by the Ministry of Sustainable Development, Energy, Science and Technology, Saint Lucia

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TABLE 1

LIST OF PERSONS INTERVIEWED

NAME

DESIGNATION

AGENCY

Mr. Bishnu Tulsie Director Saint Lucia National Trust

Ms. Anne Hilaire Accountant/ OIC National Conservation Authority

Mr. Crispin D’Auvergne Chief Sustainable Development & Environment Officer

Ministry of Education, Innovation, Gender Relations and Sustainable Development

Mr. Alfred Prospere Deputy Chief forest Officer

Ministry of Agriculture, Fisheries, Physical Planning, Natural Resources and Co-operatives

Ms Sarita Peters Chief Fisheries Officer Ministry of Agriculture, Fisheries, Physical Planning, Natural Resources and Co-operatives

Augustine Dominique Protected Areas Officer / Manager

Ministry of Education, Innovation, Gender Relations and Sustainable Development Pitons Management Area

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2. LEGISLATIVE FRAMEWORK FOR PROTECTED AREAS 2.1 Policy basis and data availability

Any analysis of a legislative framework must necessarily be informed by and grounded in the relevant policy context. In the case of protected areas in Saint Lucia, there is no formal national policy. The Saint Lucia National Trust spearheaded the articulation of a Systems Plan in 1992. This was followed by a revised, updated Plan in 2009, which was an initiative of the OPAAL project, intended to create a framework for designation and management of a comprehensive network of protected areas across Saint Lucia. While both Plans were the subject of considerable stakeholder engagement and input, neither was adopted by the Government as a national Plan. In 2008 under the OPAAL project also, a draft policy and model law were prepared for the OECS Member States. This, similarly, has not been adopted or implemented by Saint Lucia. In the absence of a national policy, clearly, there is no single vision which incorporates guiding principles or nationally accepted best practices or standards which inform the elaboration of individual initiatives in protected areas designation or management. This is an important lacuna to be addressed, particularly when one considers the range of actors involved, the extent of their powers and the number of potential areas to be addressed, among other things. In the majority of cases the designation of protected areas is ultimately a matter for the responsible Minister of Government. This is almost inevitable, given the developmental, social, legal and constitutional implications of regulating the use of public and, more importantly, private spaces and rights. Additionally, the Governor General has significant powers in respect of land acquisition for public purposes. A national policy could assist in circumscribing the application of those powers. The fact that policy- and decision-making processes are linked ineluctably to the political process, make even more pressing the need to introduce greater direction, certainty, transparency and stability via a national policy on protected areas. The policy should also be enshrined in any strategic development plan designed for Saint Lucia. Recommendation It is recommended that a concerted effort be made to agree a national policy for protected areas which would inform and become an integral part of a national strategic development plan. With respect to information, it appears that consolidated data on protected areas is Saint Lucia is not readily available at the national level. There is no single definitive list

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of protected areas in Saint Lucia. There are, instead, several lists which emanate primarily from the various pieces of legislation on protected areas, but the information on these appears to reside with individual agencies. The World Database on Protected Areas (January 2017)3 lists some 42 protected areas designated as follows:

TABLE 2

LIST OF PROTECTED AREAS DESIGNATION

NUMBER

Historic area Nature reserve Marine reserve Marine management area Protected landscape Marine management area/marine reserve National Park Ramsar site National park and marine management area World heritage site Protected forest/forest reserve Environmental protection area Nature/wildlife reserve National landmark Local fisheries marine management area Nature reserve and marine reserve

7 6 5 5 3 3 2 2

2 1 1 1 1 1 1 1

In addition to listing the areas, it must be ensured that they are surveyed and demarcated. It appears from the research that this need is greatest in respect of maritime areas. This would facilitate the determination of the actual scope of any area and ensure accurate designation, administration, management and use. Information could be hyper-linked to applicable laws, regulations and administrative agencies. Recommendation It is recommended that a database of protected areas in Saint Lucia be prepared and that the protected areas be surveyed and demarcated in order to support accurate designation and appropriate use. 3 www.protectedplanet.net

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2.2 Legislative Framework 2.2.1 General The legislative framework for protected areas in Saint Lucia is characterized by the absence of a single law relating to the designation and management of protected areas, or a single overarching environmental law within which initiatives on protected areas could reside. Instead, there are in effect several laws relating to various elements of protected areas, implemented to differing degrees and generally unsupported by regulations. While this does not necessarily support an inference that the legislative framework is ineffectual, there are certainly elements which require rationalization, in order to enhance the management of protected areas. One important matter to be addressed is the definition of ‘protected areas’ both generally and specifically. Only one of the laws examined – the National Conservation Authority Act - provides a definition of the term ‘protected area’ and this is limited to the focus of the legislation. In this instance, the universally accepted definition of protected areas could be considered for adoption as it would facilitate not only national approaches, but also international dialogue. Moreover, from the institutional perspective, the introduction of standard definitions would lend clarity to the understanding of each institution’s sphere of operations, support resource allocation and enhance inter-agency collaboration. As regards location, the incorporation of the definition in regulations rather than primary law would allow for greater flexibility and responsiveness as circumstances change. The IUCN defines a protected area as ‘a clearly defined geographical space, recognised, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values.’ The IUCN establishes seven categories of management protected area. The extent to which the various areas designated for Saint Lucia are consistent with the IUCN categorization warrants consideration in the effort to develop a comprehensive systems plan. Due note is taken of the proposals in the 2009 proposed Systems Plan regarding the categorization of protected areas. Given, however, that the re-categorization of protected areas is not the focus of this present assessment, the descriptions of protected area set out in the various pieces of legislation are used, without qualification.

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Recommendation It is recommended that a definition of protected areas be agreed and incorporated into the legislative framework. 2.2.2 Overview of laws The legislation considered for purposes of this assessment includes those Acts which apply directly to the declaration and management of protected areas, as well as related legislation which has an impact on the designation or management of protected areas. The Revised Edition of the Laws of Saint Lucia is the relevant edition, showing the laws as at December 31, 2008. Subsequent amendments are also considered. The primary laws directly relevant to the declaration and management of protected areas in Saint Lucia are set out below in chronological order: Forest, Soil and Water Conservation Act (1945) CAP 7.09 Saint Lucia National Trust Act (1975) CAP 6.02 Wildlife Protection Act (1980) CAP 6.03 Fisheries Act (1984) CAP 7.15 Land Conservation and Improvement Act (1992) CAP 5.10 Water and Sewerage Act (1995) CAP 9.03 National Conservation Authority Act (1999) CAP 6.01 Physical Planning and Development Act (2001) CAP 5.12

The following laws do not provide directly for the declaration or management of protected areas, but have implications for the operation of protected areas laws: Beach Protection Act (1967) CAP 6.04 Crown Lands Act (1945) CAP 5.02 Land Acquisition Act (1945) CAP 5.04 The Saint Lucia Constitution Order 1979 Maritime Areas Act (1984) CAP 1.16

Two international conventions have also been used as the basis for declarations of protected areas in Saint Lucia, viz: The Ramsar Convention on Wetlands 1971 The World Heritage Convention 1972

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(a) Forest, Soil and Water Conservation Act (1945) CAP 7.09 According to the long title of this Act it is to make provision for the conservation of the forest, soil and water resources of Saint Lucia. The Act focuses on the establishment of forest reserves, prohibited areas and protected forests. The Act provides that the Governor General may by order declare any Crown land in the island to be a forest reserve. The forest reserve must be surveyed and a map published in the national Gazette at the time that the Governor General makes the proclamation. The boundaries of all forest reserves must be clearly demarcated. No land within a forest reserve may be granted, devised or sold. The Governor General may by order declare any Crown land to be a prohibited area, where this is deemed necessary for the following purposes:

(a) protection against storms, winds, rolling stones, floods, and landslides; (b) prevention of soil erosion and landslip, of the formation of ravines and

torrents, and of the deposit of mud, stones and sand upon agricultural land;

(c) prevention of wastage of resources of timber and for securing the proper management of timber lands;

(d) maintenance of water supplies in springs, rivers, canals and reservoirs; (e) protection of roads, bridges, railways, and other lines of communication;

and (f) preservation of health.

For these same purposes, the Governor General may declare private lands to be protected forests. Where protected forests are declared, the Governor General may introduce regulations or prohibitions by way of rules relating to the trees, timber, or other forest produce, use of the land, livestock, setting of fire and other matters which may be prejudicial to the purposes set out above. Areas declared as protected forests may be acquired by the State, if the owner of a protected forest fails to comply with the rules, or if the relevant Minister determines that the protected forest should be so acquired in the public interest. Provision is also made for voluntary protection, in instances where a private landowner wishes to form or conserve forest or conserve natural resources. Such landowner may enter into agreement with the responsible ministry for supervision and management, as well as for the application of certain provisions of the Forest, Soil and Water Conservation Act and rules to the lands.

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To date 13 Forest Reserves, 18 Protected Forests and 2 prohibited areas have been declared by virtue of Statutory Instruments under the Act. The list is set out at Appendix 3 to this report. In addition to rules relating to protected forests, the Act includes a number of offences, such as those relative to:

• felling, cutting, bleeding or injuring trees; • counterfeiting of marks on trees; • processing or removal of forest produce; • pasturing or trespassing of livestock; • clearing or cultivation of land; • entry into prohibited areas.

The Ministry of Agriculture, Fisheries, Physical Planning, Natural Resources and Co-operatives is the responsible ministry for purposes of this Act. The Chief Forestry Officer (or Director of Agricultural Services where no Chief Forestry Officer is appointed) has lead responsibility for ensuring implementation of the Act and for the management of all land belonging to the Crown. Forest officers may also be appointed. For purposes of dealing with offences under the Act the following are specifically named as ex officio forest officers: the Chief Agricultural Officer, Senior Agricultural Assistants, Agricultural Assistants and other Agricultural Officers, Senior Forest Assistants, Forest Assistants and other forest officers and Officers of the Central Water Authority.

(b) Saint Lucia National Trust Act (1975) CAP 6.02 The Saint Lucia National Trust is established under this Act as a body corporate, whose main objects include the location, promotion and preservation of certain resources of prehistoric, historic, archaeological, architectural, artistic or traditional interest. The resources range from buildings and monuments to photographic and architectural records, flora, fauna, and submarine and subterranean areas. The Trust is empowered to acquire property for the benefit of the State, whether by purchase, lease, devise or other means and to exercise full powers of ownership over such property, save and except that any disposition of immovable property or interests in immovable property vested in the Trust must receive the prior approval of Cabinet. The Trust may also grant leases of or other interests in inalienable property vested in it. The Trust may determine that certain immovable property, including buildings and submarine or subterranean areas vested in it, should be held for the benefit of the State and be inalienable. The list of properties held by the Trust is set out at Appendix 4 to

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this report. The Act does not empower the Trust to declare any protected areas. Its remit it limited to the management of areas which are vested in it. The Trust is empowered to make bye-laws consistent with its objects and which may include prohibitions on damage, destruction or removal of property, deposit of rubbish or other offensive matter, capturing of birds and other animals, use of motor vehicles, turning out of animals, lighting of fires and other acts which may interfere with the public’s use and enjoyment of the property. The Pigeon Island National Park Bye Law is provided for in Statutory Instrument 47/1982. The relevant Minister in respect of the Trust is the Prime Minister. The Trust is administered by an 11-member Council comprising two persons nominated by the Minister, two persons nominated by the Saint Lucia Archaeological and Historical Society and seven members elected by the ordinary members of the Trust. The Act provides for the Trust to make rules concerning its objects and in this respect Statutory Instrument 27/1984 sets out the rules on such matters as membership, meetings, composition and proceedings of the Trust Council and staffing.

(c) Wildlife Protection Act (1980) CAP 6.03 The Wildlife Protection Act states that it is to make provision for the protection, conservation and management of wildlife in Saint Lucia. The Act defines wildlife as ‘any species of the following groups living beyond the control of man’ —

(a) mammals; (b) birds and the eggs thereof; (c) frogs and the eggs thereof; (d) reptiles; (e) fishes, their fry and eggs; and (f) crustaceans;

The Act provides that all wildlife found in Saint Lucia is the property of the Crown. It excludes fish, frogs or crustaceans in private ponds, but includes migratory and alien wildlife. The Act prohibits the capture or hunting of wildlife except in accordance with the Act. It empowers the Minister to declare any area of land or water to be a wildlife reserve and permits the acquisition or sale of any property for use as a wildlife reserve. By Statutory Instrument 1016/1982 the group of Maria Islands was declared a wildlife reserve with effect from September 1983. The Islands are managed by the Saint Lucia National Trust.

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In the Act, wildlife is divided into three categories, viz, protected, partially protected and unprotected. The vast majority of protected and partially protected wildlife included in the lists - Schedules to the Act - are birds, while there are six mammals and reptiles in total. The Minister may vary the Schedules, declare closed seasons for any of the partially protected species and issue licences for the hunting or capture of wildlife in a reserve, as well as for the import, export or keeping of wildlife in captivity.

The Act includes as offences:

• the hunting or taking of wildlife, or damaging or destroying nests and young without a licence in a reserve or during a closed season;

• using devices or substances to take wildlife; • unlicensed possession or control of any protected wildlife or of partially protected

wildlife during the closed season; • sale or purchase of protected wildlife or, in the case of partially protected wildlife

sale or purchase during the closed season; • keeping unprotected wildlife in captivity without licence.

The relevant ministry for purposes of this Act is the Ministry of Agriculture, Fisheries, Physical Planning, Natural Resources and Co-operatives, under which the responsibility for forestry falls. The Act provides for the appointment of a Chief Wildlife Protection Officer or, where this officer is not appointed, for the Director of Agricultural Services to execute the functions set out in the Act. This officer is responsible for administration and enforcement of the Act, relevant research and surveys, information gathering and dissemination, execution of works contracts relating to wildlife and provision of visitor facilities in wildlife reserves. Other wildlife officers may also be appointed, and where there is no such appointment the Act appoints all forest officers as wildlife officers. In order to facilitate implementation of the Act, all wildlife protection officers are vested with the authority, privileges and protection of a police constable in Saint Lucia.

(d) Fisheries Act (1984) CAP 7.15 This Act is supported by two Statutory Instruments which are regulations under Section 39 of the Act, viz, SI 9/1994 (Fisheries Regulations) and SI 223/2000 Fisheries (Snorkelling Licence) Regulations. The Fisheries Act seeks to provide for the promotion and regulation of fishing and fisheries in the fishery waters of Saint Lucia. The ‘fishery waters’ are defined as the waters of the exclusive economic zone, territorial sea, and

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internal waters as defined in the Maritime Areas Act and any other waters over which Saint Lucia claims fisheries jurisdiction. The primary provisions relating to protected areas in the Act are those which deal with marine reserves. The Act empowers the Minister to declare by order any area of the fishery waters and any adjacent or surrounding land to be a marine reserve, where he deems special measures necessary in order to:

(a) afford special protection to the flora and fauna of such areas and to protect and preserve the natural breeding grounds and habitats of aquatic life, with particular regard to flora and fauna in danger of extinction;

(b) allow for the natural regeneration of aquatic life in areas where such life has been depleted;

(c) promote scientific study and research in respect of such areas; or (d) preserve and enhance the natural beauty of such areas.

Further, the Act makes it an offence to carry out any of the following activities in the marine reserve without permission from the Minister:

(a) fishing or attempting to fish; (b) taking or destroying any flora and fauna; (c) dredging, extracting sand or gravel, discharging or depositing waste or

any other polluting matter, or in any way disturbing, altering or destroying the natural environment; or

(d) erecting any buildings or other structures on or over any land or waters. A total of 25 marine reserves were declared, by Gazette Notices 808/1986 and 7/1990. The list of marine reserves is set out at Appendix 5 to this report. Included in the list are two areas which are also designated wetlands under the Ramsar Convention – the Ma KÒté Mangrove and Savannes Bay Mangrove. The Fisheries Regulations (r.46) prohibits the use of marine reserves for recreational or any other purpose except with written permission of the Chief Fisheries Officer. The declaration of marine reserves apart, the Act provides for general management and development of fisheries and empowers the Minister to take measures which ensure the optimal utilization of the fisheries resources in the fishery waters. The Act mandates the preparation of a fisheries management and development plan, which identifies and assesses levels of exploitation of each fishery, sets out specific objectives management and development measures to be taken, licensing programmes and extent of permissible local and foreign fishing operations. The Minister may designate local fisheries management areas by notice published in the Gazette and identify a relevant

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agency to administer the area. The Soufriere Marine Management Area and the Canaries/Anse La Raye Marine Management Area were designated and the relevant management authorities appointed by virtue of this provision. The Fisheries Regulations include specific conservation measures, with prohibitions and other restrictions applicable throughout the fishery waters, relating to the removal, possession and sale of lobsters, turtles, corals, sponges, marine algae, conch, sea urchins, freshwater shrimp and crayfish in rivers, as well as to marine mammals in bays of harbours (r. 32-38). The regulations do not make specific provision for the operation of the local fisheries management agencies. Administration of this Act is primarily the responsibility of the Ministry of Agriculture, Fisheries, Physical Planning, Natural Resources and Co-operatives. The Chief Fisheries Officer is the lead technical officer and the Act provides for the appointment of other officers as are necessary for its implementation. A Fisheries Advisory Committee may also be appointed, comprising the Chief Fisheries Officer and such other persons as the Minister may consider competent to advise on fisheries management and development. For enforcement purposes, the Act provides for the designation of authorized officers, which may include members of national, sub-regional or regional enforcement or marine enforcement entities. The authorized officers are given extensive powers such as stopping, boarding, search and seizure of vessels, search of premises, examination of gear, seizure of fish, explosives, poisons and requiring production of documents.

(e) Land Conservation and Improvement Act (1992) CAP 5.10 This Act is intended to provide for the conservation of land in Saint Lucia, for the establishment of the Land Conservation Board (“the Board”) and for conferring on the Board functions relating to land, inter alia. ‘Land’ is defined to include land which is covered by water. The Act makes provision for the making of protection orders where this is deemed necessary for the conservation or improvement of land or water resources or to secure proper economic and efficient utilisation of all land. General protection orders are made where more than one parcel of land is affected, while Specific Protection Orders affect only one parcel. Protection Orders may operate to prohibit, regulate, or otherwise control such activities as:

• breaking up or clearing of land whether for cultivation or other purposes;

• grazing, depasturing and watering of livestock; • cultivation of specified crops and method of cultivation of land;

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• carrying out of drainage works; • lighting of fires, burning or cutting of vegetation.

The Act also provides for any lands to be declared a conservation area, for the preparation of a proposal for the long term management of the area, as well as regulations for its protection. The regulations would address such matters as protection against storms and other adverse weather conditions, preservation of soil, prevention of landslides, maintenance of the freshwater supply, preservation of scenic beauty, cultural and other unique characteristics, preservation of public and environmental health. The management and implementation plan would be subject to public scrutiny and approval by the Cabinet. Protection Orders have been made in respect of (1) Model Farms Lands and (2) Mabouya Valley Development Project Lands (Schedule 2 to the Act). The Act also makes provision for the Government to compulsorily acquire any land in a conservation area in furtherance of the Act and to vest such lands absolutely and free from encumbrances, in any authority or body. The relevant ministry for purposes of this Act is the Ministry of Agriculture, Fisheries, Physical Planning, Natural Resources and Co-operatives. It is significant to note that the Board was never constituted, particularly since the composition set out in the Act, though not ideal in the current dispensation, held some promise for a joint/ inter-agency approach to the designation and management of protected areas in Saint Lucia. Schedule 1 of the Act provides that the Board should comprise:

(a) the Permanent Secretary of the Ministry of Agriculture (chairperson); (b) the Director of Agricultural Services of the Ministry of Agriculture; (c) the Chief Engineer of the Water and Sewerage Authority; (d) the Chief Technical Officer, Physical Planning; (e) the Chief Engineer, Ministry of Communications, Works and Transport; (f) the Chief Forest and Land Officer of the Ministry of Agriculture; (g) the Senior Agricultural Engineer of the Agricultural Engineering Services

Division who will be the Executive Secretary of the Board with voting rights;

(h) 4 other members not being government officials shall be appointed by the Minister. They shall have an active interest in land conservation and at least 2 of them shall be from the out districts.

The Board is required to discharge the following functions:

(a) to advise the Minister on matters relating to the general supervision of land and water resources;

(b) to stimulate public interest in the conservation and improvement of land and water resources;

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(c) to recommend to the Minister the nature of legislation deemed necessary for the proper conservation and improvement of land and water resources;

(d) to co-ordinate efforts of other Conservation Bodies including Government Agencies in relation to the conservation of land and water resources;

(e) to be responsible for implementing the provisions of the Act or any Regulations made thereunder;

(f) to advise the Development Control Authority and any other agency involved in land use on matters concerning land conservation and improvement of land;

(g) to offer where the Board deems it necessary and in conjunction with Government agencies, technical advice in the field of land management to landowners and/or occupiers

The Board is permitted to employ agents and staff, retain attorneys, accountants and other required professional services. Specific provision is made for conservation officers to be employed to assist with enforcement. As regards financing, the funds and resources of the Board would comprise an initial capital allocation as well as loans or grants from the Government, additional amounts provided by the Parliament, revenue generated or gifts received by the Board. The Board is permitted to create a reserve fund if it deems necessary.

(f) National Conservation Authority Act (1999) CAP 6.01

This Act provides for the establishment and operation of the National Conservation Authority (‘the Authority’) as a body corporate. It empowers the Minister, by order, to declare any area of land or water to be a protected area, where this is deemed necessary for preservation of natural beauty of the area, its fauna or flora, as well as creation of recreational areas or national or marine parks. The land so declared is then vested in the Government and dedicated to the people of Saint Lucia for their benefit, education and enjoyment. Land required by the Authority in connection with development of a protected area may also be acquired in accordance with the Land Acquisition Act. The Act provides for the Authority to make regulations relating to the protected areas and to the functioning of the Authority. No regulations have been made under the Act. A range of functions are assigned to the Authority under the Act. It is responsible for advising the Minister on areas to be declared as protected areas and for entering into

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agreements with land owners or occupiers for access to protected areas. The authority is also responsible for advising the Minister on such matters as the control of construction in protected areas or on beaches and the protection of the coastline from erosion or encroachment by the sea, including the removal of anything from the ocean bed which is likely to cause encroachment of the sea. Other functions include:

o conservation of the natural beauty and topographic features of Saint Lucia;

o removal of derelict objects from a beach or a protected area and beautification of these areas with flora and fauna

o control, maintenance or development of beaches, protected areas or public access to same;

o provision of lifeguard services, securing of sanitary conditions and maintenance of beach facilities

Significantly, the Act limits the potential for jurisdictional conflict among agencies by preventing the Authority from exercising its functions and powers in respect of buildings or lands already vested in or managed or controlled by the Saint Lucia National Trust. The same limitation applies to buildings or lands managed or controlled by other organisations involved in environmental preservation or protection and recognized by the ministry responsible for the environment. The Authority has never declared protected areas. For the most part it focuses on the maintenance and management of beaches around the island (approximately 34 at present), erection of comfort stations and vending facilities and the licensing of businesses in areas which it manages. Appendix 6 lists the beaches maintained by the NCA. The relevant ministry for purposes of this Act is the Ministry of Equity, Social Justice and Empowerment. The Act provides for the Board of the Authority to appoint a General Manager and such staff as are necessary for its functioning. Rangers and wardens have powers to arrest without warrant persons committing offences specified in the Act. Appeals lie to the High Court.

(g) Water and Sewerage Act (1995) CAP 9.03 This Act is relevant to the matter of protected areas in that it makes provision for the designation of certain lands as gathering grounds, water control areas and waste control areas for the purposes of securing the integrity of the water supply.

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‘Gathering grounds’ are defined as those so declared under the repealed law as well as lands which are declared to be protected forests or protected reserves under the Forest Soil and Water Conservation Act. The Act provides for acquisition of lands for purposes of gathering grounds and prohibits the disposition of lands within gathering grounds save with the permission of the minister. Apart from securing gathering grounds, the Act makes provision for defined areas around the gathering grounds to also be acquired and protected in furtherance of the protection of the gathering grounds.

The Minister may also declare and specify the boundaries of ‘water control areas’ and ‘waste control areas’ under the Act. Water control areas are declared for purposes of regulating water use or classes of water use in the areas. Waste control areas are declared in order to regulate the discharge of wastes or classes of wastes into or on any land, sewer, drain, bore or water where such regulation is necessary to protect the water resources from pollution or reduction in water quality, In exercising his or her authority in regard to declaring these areas, the Minister is required to consider:

• the ecology, hydrology and hydrogeology of the area; • established and projected water demands; • current and projected availability of water in the area; • protection of public health; • requirements of established and intended uses of water resources; • protection of the fauna and flora of watercourses; and • desirability of protecting and enhancing the environment.

The primary responsible agency for purposes of this Act is the Ministry of Infrastructure, Ports, Energy and Labour.

(h) Physical Planning and Development Act (2001) CAP 5.12 This Act provides for the development of land, as well as for environmental impact assessments, the granting of permission for land development and the regulation of land use, inter alia. The objects and purposes set out in the Act and the powers and functions ascribed to the Physical Planning and Development Division are broad and varied. The former include ensuring sustainable use of both public and private lands, improving the quality of the physical environment, ensuring the orderly subdivision of land and provision of infrastructure and services, as well as maintenance and improvement of building construction standards and protection and conservation of Saint Lucia’s natural and cultural heritage.

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The Act provides that the Head of the Physical Planning and Development Division may prepare a physical plan which, among other things, may allocate land for conservation, as well as touristic or recreational purposes. Schedule 2 of the Act sets out the matters to be dealt with by physical plans. These matters include ‘amenities’ and within this category are the allocation of lands as open spaces, communal parks, game and bird sanctuaries, for protection of marine life as well as for national parks and environmental protected areas. Importantly also, the list includes:

• preservation of buildings, caves, sites and objects; • preservation or protection of forests, woods, trees, shrubs, plants and flowers,

river courses and gullies; • protection of the coastal zone, zoning of marine parks, special resource and

special use areas. The Plan is subject to consultations and ultimately, to approval by affirmative resolution of the Parliament. In determining applications to develop land, principal consideration is to be given to the plan. The Act also provides for areas to be declared as zoned areas and for these areas to be reserved for specific purposes. The Act does not circumscribe the purposes for which zones may be declared. In addition, in order to secure the preservation of sites and buildings of interest the Act makes provision for the compilation of lists of buildings, monuments and sites of special prehistoric, historic or architectural interest, or the adoption of lists prepared by the Saint Lucia National Trust or other person. The Physical Planning Department is required to consult with the Trust in considering notices for proposed works on sites and buildings of interest. ‘Natural areas’ may be protected. The term is not defined but can be inferred by the provision that the Physical Planning Department may either compile lists or adopt lists compiled by the National Trust or National Conservation Authority, of ‘places of natural beauty or natural interest’, including submarine or subterranean areas and their flora and fauna. This provision differs from that relating to the protection of sites and buildings of interest, in that the National Trust and Conservation Authority are the only two entities mentioned whose lists the Planning Department may adopt. The provision could be enhanced by including the possibility of adopting lists compiled by other legal persons empowered by law to declare areas and compile lists of protected areas. Special protection may be afforded to any area on the list by declaring the area an environmental protection area. The Pointe Sable Environmental Protection area was so declared in 2007. Further, special enforcement areas may be declared in order to prevent squatting or other unauthorized development.

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Environmental impact assessments (EIA) are normally required for coastal zone developments as well as development in wetlands, marine parks, national parks, conservation areas, environmental protection areas or other sensitive environmental areas. The Act provides that ‘unless the Head of the Physical Planning and Development Division otherwise determines, an environmental impact assessment shall be required…’ While the EIA can be described as the ‘default requirement’, it is to be noted that the Head of Physical Planning does have the power to determine that the EIA is not required in particular circumstances. The Act also states that unless the environmental impact statement has been ‘taken into account’ permission for development may not be granted. The extent of the consideration of the statement is not clear. There is, however, no express obligation on the part of the Physical Planning department to actually adopt and apply the statement. Critical also is that the Minister has the power to determine that certain matters be dealt with by the Cabinet of Ministers. That the law mandates that the same requirements and rigour be applied by the Cabinet in considering applications does not guarantee the best outcome, given that the Ministers may simply not possess the technical competence to make sound determinations in the relevant areas. With respect to administration, the Physical Planning and Development Act falls within the remit of the Ministry of Agriculture, Fisheries, Physical Planning, Natural Resources and Co-operatives. The Head of Physical Planning and Development Division is primarily responsible for implementation of the Act. The Act requires that the Ministry develop, through consultation with referral agencies an administrative scheme for coordination inter se to facilitate expeditious processing of applications. This scheme is subject to approval by the Cabinet. The Act also provides for the establishment of Advisory Committees and for an Appeals Tribunal. Appeals from decisions of the Tribunal are to the High Court.

i) Beach Protection Act (1967) CAP 6.04

The short title of this Act states that it is intended to provide for the protection and control of beaches and the seashore. It prohibits the mining and removal of sand, stone, shingle or gravel from the seashore except with permission from the Chief Engineer and in circumstances where the beach, the seashore or the floor of the sea will not be affected adversely. The Act makes provision for general powers of arrest by citizens as well as search and seizure of premises or vessels and for forfeiture of animals and vessels. The Act also prohibits fouling of the seashore.

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The Ministry of Infrastructure/ Chief Engineer is responsible for implementation of the Act. While the Act creates offences, there are no regulations to elaborate its provisions. There is also evidence of weak enforcement, illustrated by the continued instances of illegal sand mining, particularly on protected beaches such as Grande Anse, a designated national park and marine management area.

j) Crown Lands Act (1945 as amended 1960 ad 2002) CAP 5.02 The Crown Lands Act does not provide for the declaration of protected areas. It provides mainly for the survey and disposal of crown and vacant lands. Section 7 of the Act permits the Governor General to make regulations regarding the sale, disposal, occupation, and allotment of Crown lands. This role impinges on protected areas administration insofar as Crown Lands department must survey lands for purposes of declaration as well as where exchanges with private landowners are necessary. The regulations lay down conditions for the lease and, exceptionally, the sale of crown lands. Included in the list of lands which would not normally be leased or sold is land on the located on any hill of forest timber which it may be deemed advisable to conserve. The disposal of other land is also restricted due to such factors as elevation, or location near waterways, or on steep ridges. The Crown Lands Act is also relevant to the matter of protected areas as it makes provision for the allotment of crown lands. By virtue of the regulations ensuing from these provisions, the following were vested in the Saint Lucia National Trust: Maria Islands S.I.53/82 Powder Magazine Site S.I.42/1985 Prevost’s Park S.I.40/1985 Inniskilling Monument Site S.I.43/1985 Apostles Battery S.I.41/1985 Islets and Rocks (9 items) S.I.42/1989 All power to survey and dispose of crown lands is vested in the Governor General. The Commissioner of Crown lands, supported by necessary staff, is responsible for implementation of the Act. In considering applications for lease or purchase of crown lands, the Commissioner, after examining the applications, is required to forward them to the Director of Agricultural Services for his or her recommendations thereon.

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k) Land Acquisition Act (1945) (amended 2000)

This Act is relevant to the matter of protected areas, from the perspective that it empowers the Governor General to declare, in respect of any land, that it should be acquired for public purposes. Land in this respect is defined very broadly to include ‘messuages, tenements and hereditaments, corporeal or incorporeal, and immovable property of every tenure or description, whatever may be the estate or interest therein.’ The definition of ‘public purpose’ is similarly all-encompassing: “public purpose” in this Act shall include the purpose of fulfilling any obligation of the Government, or of Her Majesty’s Government in the United Kingdom, under any treaty or agreement made by the Government or by Her Majesty’s Government, as the case may be, with the Government of any other country, territory or place, and any purpose pertaining or ancillary thereto.’ Declarations are to be published in two ordinary issues of the Saint Lucia Gazette and upon the second publication the land is vested absolutely in the Crown. The Act sets out rules for determining compensation for compulsory acquisition.

l) Saint Lucia Constitution Order 1978

The provisions of the Land Acquisition Act are reflected and supported in the Constitution of Saint Lucia, section 6 of which safeguards citizens from arbitrary deprivation of property. It prevents the compulsory taking of possession of property, or acquisition of any right over or interest in property except if it is for a public purpose and provision is made by a related law for prompt payment of full compensation. The definition of ‘acquisition’ is important, as it refers to transferring an interest or right to another person, as well as extinguishing or merely curtailing that interest or right. The case law on the interpretation of this provision indicates general acceptance that the State may accomplish a public purpose by giving over lands acquired by the State to private persons. This is important for purposes of protected areas, as it paves the way for the services of entities other than government entities to share the responsibility for management of designated protected areas. m) Unincorporated treaties Among the protected areas in Saint Lucia are two wetlands (Savannes Bay and Ma KÒté Mangrove) designated under the Ramsar Convention on Wetlands (1971) and one

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World Heritage Site (Pitons Management Area) designated under the World Heritage Convention 1972. While Saint Lucia is party to both treaties, there is no domestic law by which they have been incorporated. Given the dualist nature of Saint Lucia’s legal system, this incorporation is necessary for the treaties to have the force of law in Saint Lucia. Both wetlands are also included in the list of marine reserves designated under the Fisheries Act 1984. 2.2.3 Further issues on the legislation In addition to the matters already raised in 2.2.1 and 2.2.2 above, the following must be addressed: the multiplicity of laws affecting protected areas, the need for regulations to support the primary laws, the need for consistent definitions and the need for incorporation of relevant international treaties. It is noted that no fewer than 13 individual laws have implications for protected areas, of which number 8 directly and 5 indirectly. As is evident from the overview, these laws are generally subject matter specific and fail to give adequate consideration, if any, to the existence and implications of other protected area related laws. The development of a comprehensive and cohesive framework for protected areas must be grounded in laws which are complementary and which contribute to the optimal deployment of limited resources. This can be facilitated by means of an overarching law which establishes the definition of ‘protected areas’, sets the broad parameters for protected areas management, establishes or clarifies the links between areas, as well as between the matter of protected areas, environment and other sectors/ issues of national import be they social or economic. This law should also guide the development of the specific legislation which targets individual categories of protected areas. Provision should also be made for optimization of the institutional arrangements for protected areas designation and management. Recommendation It is recommended that an overarching law on protected areas be developed which rationalizes the current multiple laws on protected areas. As indicated in the overview and evinced in the listing of relevant legislation set out at Appendix 2, many of the laws which were assessed do not have supporting regulations or, where regulations exist, they may not be adequate for purposes of the effective implementation or enforcement of the laws. In addition to supporting implementation and enforcement of the specific primary law which they attend, the regulations can also be used to link the various pieces of legislation related to other protected areas,

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including the activities of responsible agencies. Secondary legislation is particularly important where protected areas are declared, as this is normally done by means of a Statutory Instrument. The instruments would give legal force to declarations and also provide a reliable record of the status and scope of protected areas. Recommendation It is recommended that regulations be prepared to support the implementation and enforcement of primary legislation and that when protected areas are declared they are given effect by the relevant ministerial order. It has been stated above that there is need to establish a general definition of protected areas and that this could be consonant with the definition established by IUCN. Within the various laws analysed, it was noted that there are references to terms relevant to protected areas, but these are not always defined or there are variations in the definitions. The legislation could benefit from clarity and consistency in the use of terms by differentiating where this is necessary for the specific law or by reference to a definition as set out in another law. The definitions and charts provided for in the Maritime Areas Act could, for instance, be considered for application to other laws which reference maritime areas. Definitions of terms such as ‘forest’, ‘land’ and ‘water’ should be consistent. The Forest, Soil and Water Conservation Act defines a forest as ‘an area of land with or without trees, declared to be a Forest Reserve, Protected Forest or Prohibited Area’, while the Physical Planning and Development Act defines forest as ‘an extensive tract of land covered with trees and undergrowth’. The language used in the IUCN classification of protected areas could be considered for incorporation in the definitions to assist in improving consistency. Clarity of the definitions has implications for institutional efficiency, as roles are closely attached to sphere of influence and operations. Recommendation It is recommended that definitions in the existing legislation be reviewed in order to secure clarity of terms, consistency in application and enhance institutional efficiency. It is also recommended that the use of IUCN categories be considered and, where this is agreed, the definitions be incorporated into the laws whether by amendment or by preparation of new drafts. The Ramsar Convention on Wetlands (1971) and the World Heritage Convention (1972) are international treaties. In accordance with the dualist legal system of Saint Lucia, it is necessary to incorporate such treaties into domestic law by virtue of enabling legislation. This has the effect of giving the treaties the force of law in Saint Lucia.

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Appropriate regulations may also be drafted to support implementation of Saint Lucia’s obligations in the treaties. Recommendation It is recommended that the Ramsar Convention on Wetlands and the World Heritage Convention 1972 be incorporated into the domestic law via appropriate enabling primary legislation supported by regulations.

3. INSTITUTIONAL ARRANGEMENTS The institutional framework is reflective of the absence of a policy and the lack of cohesion in the legislation governing protected areas. As demonstrated in the legislative overview, there are several agencies involved in the designation and management of protected areas. The absence of a comprehensive policy, law and listing of protected areas makes it challenging to determine exactly what is the subject matter in question, the scope of responsibility and jurisdiction of the various agencies, and hence the extent of overlap of roles and mandates. The need for a comprehensive policy, overarching law and for protected areas to be surveyed and demarcated bears reiteration.

3.1 Principal and supporting institutions For the most part, with the exception of the Saint Lucia National Trust, the National Conservation Authority and the Development Control Authority, issues relating to protected areas are the responsibility of government ministries. Changes in political administrations have often also signified changes in configuration of the ministries and, in some cases, departments within the ministries. This has implications for institutional performance as well as for advocacy at the level of the minister who must first appreciate and then communicate the relevant messages on protected areas. The primary entities responsible for designation and management of protected areas effective June 20164 are listed in Table 3 below.

4 In June 2016, with the change in government after elections the portfolio of the Minister responsible for Agriculture was changed to include Physical Planning and to re-incorporate Forestry.

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TABLE 3

MINISTRY

RELATED DEPARTMENTS /AGENCIES

Office of the Prime Minister

St. Lucia National Trust

Ministry of Education, Innovation, Gender Relations and Sustainable Development

Sustainable Development Division Pitons Management Authority

Ministry of Equity, Social Justice and Empowerment

National Conservation Authority

Ministry of Agriculture, Fisheries, Physical Planning, Natural Resources and Cooperatives

Agricultural Division Fisheries Division Forestry Department Physical Planning Department Development Control Authority Crown Lands Department Soufriere Regional Development Foundation Soufriere Marine Management Association

3.2 Issues and challenges One matter for determination is the means by which the vision, policy and activities of these agencies may coalesce. As indicated in the overview of the laws, there is provision for consultation by certain agencies, such as the Physical Planning Department and the Department of Forestry, prior to taking specific action in relation to protected areas. It appears from the interviews conducted that agencies do in fact undertake consultation and collaborate with each other in areas of common interest. There remains, however the need for an agency to take responsibility for ensuring that all the responsible entities work in tandem. Various recommendations have been made primarily indicating the Saint Lucia National Trust, the Physical Planning Department and the Sustainable Development Division as options. The agency’s main remit should be environmental, with significant focus on protected areas. It should also possess the capacity to establish links with the lead government agencies, have ministerial support and adequate human and financial resources or

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access to same. The Sustainable Development Division is proposed for consideration as the coordinating agency. Recommendation It is recommended that an agency be identified to oversee protected areas management and ensure coordination among entities involved and it is noted that this agency should possess technical mandates, ministerial support and requisite resources to execute this function. In addition to the need for a single entity with primary responsibility for protected areas, there is the need to ensure that concerted action among all agencies involved is institutionalized. The legislative overview pointed to the composition of the Land Conservation Board in the Land Conservation and Improvement Act as an example of a body which could support a consultative process and coordinated approach to protected areas. It is recommended that such a body be constituted, comprising representatives of all the agencies involved in protected areas management (see list set out at Table 3) together with civil society representatives. It is also recommended that the body be institutionalized, by way of legislation, with provision for financing, convening of regular meetings, mandatory submission of reports to the Cabinet and comprehensive plans to the Parliament (whether as stand-alone documents, or integrated in the physical plan). This body should also be responsible for compilation and verification of the accuracy of lists of protected areas and dissemination to interested entities. Recommendation It is recommended that a body comprising representatives of all the agencies involved in protected areas management be established with a view to ensuring consultation and concerted action. It is also recommended that the body be provided the avenue to make submissions to the Cabinet of Ministers and to the Parliament. The legislation must make explicit the roles which various entities are to play within the various protected areas, and the extent of their powers. This is important in order that all parties have a clear understanding of their individual roles as well as that of other agencies and are better able to negotiate ‘grey areas’ where these persist. Research indicates that the Soufriere MMA is one of the agencies which require legislative grounding. It was established under the Fisheries Act, and is listed as a Statutory Body but to date there appear to be no regulations or rules which define its role, powers, relationships, or provide for the enforcement of any regulations which may be set out under the Fisheries Act.

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Clarification of roles is particularly important where mandates are to be executed in the same space or in multiple-use areas. In the Water and Sewerage Act ‘water’ is defined to include estuarine as well as coastal water. In the Fisheries Act, the definition of water must accord with the Maritime Areas Act, which latter defines ‘internal water’ as comprising any areas of the sea that are on the landward side of the baseline of the territorial sea. Both the Water and Sewerage Company and the Department of Fisheries have roles to play in determining conservation and use of this water but may have differing approaches to fulfilling these roles. In like vein, the Fisheries Act empowers the relevant Minister to declare marine reserves, which could include fishery waters, as well as the adjacent or surrounding land. By this definition mangrove areas could fall within marine reserves, requiring the involvement of the Fisheries and Forestry departments as well as the Saint Lucia National Trust. The Pitons Management Area was established under the Physical Planning Act. The Soufriere Regional Development Foundation and the Soufriere Marine Management Area were established under the Fisheries Act. Management of the PMA requires the participation of the Physical Planning Department and Forestry Department for terrestrial areas as well as the Fisheries Department and the Soufriere Marine Management Association. The Soufriere Marine Management Area alone boasts several zones: marine reserves, fishing priority areas, multiple use areas, yacht mooring areas, recreational areas. This means that Fisheries Department, SRDF and SMMA must have clearly defined responsibilities in the Area. Similarly, in respect of the forest area, the Forest Soil and Water Conservation Act, Water and Sewerage Act and Land Conservation and Improvement Act bring three agencies into play. They are all empowered to take action in regard to land, whether by means of Protection Orders made by the Conservation Board, declaration of protected forests, forest reserves or prohibited areas by the Forestry Department, or gathering grounds, by the Water and Sewerage Authority; and the taking of enforcement action in accordance with the law. The clarification of roles should also extend to enforcement and, as far as possible, as far as possible the rules should support joint action in this respect. This is proposed due to the fact that while various agencies are required to enforce the laws, they do not all have the requisite enforcement capacity.

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Recommendation It is recommended that the roles of various agencies in areas where jurisdiction is concurrent be made explicit in the laws and that provision be made for joint enforcement of rules. It is noted that this may be achieved in rules or regulations. The resolution of overlapping mandates may also be achieved by applying external pressure on the decision-making system through advocacy. At present the responsibility for agriculture, fisheries, physical planning and natural resources all fall within the same Ministry and within the portfolio of one Minister. This has implications for the designation and management of protected areas, in so far as the Planning Ministry has traditionally appeared to exercise overriding jurisdiction in determining the allocation of lands. Indeed, as indicated in 2.2 above, this is permitted by the Physical Planning and Management Act. The combined portfolio paves the way for greater cohesion in decision-making, given that the Minister ought to be better positioned to receive and distil the technical advice given in support of protection, as well as that related to development, resulting in a more balanced outcome. On the other hand, it raises the spectre of early compromise within the Ministry, so that dissenting voices may be silenced if the Minister is so inclined. This could be the case when major developmental projects are at stake - concerns which may caution against development would then not be raised at the later decision-making stage, i.e. at the level of the House of Assembly where the physical plan is to be tabled for consideration. The current configuration means that the ‘outliers’ are the Sustainable Development Division, National Conservation Authority and the Saint Lucia National Trust. Consequently, these agencies must now provide the ballast that will ensure that conservation concerns are taken into account and enshrined in the planning process. Broad stakeholder engagement, achieved through awareness and education, will be critical. Recommendation It is recommended that, in addition to legal and regulatory initiatives, concerted efforts be made to promote protected areas by consistent stakeholder awareness-building and education.

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4. A WORD ON OTHER INITIATIVES There are two important pieces of work which have been done under the auspices of the OECS- OPAAL Project in 2008 and more recently by the Ministry of Sustainable Development in 2014. Briefly, the first comprises ‘The OECS Policy on Protected Areas Systems’ and ‘The OECS Model Protected Areas System Act’: Institutional Arrangements for Protected Areas Management. This work is an attempt to draft a harmonized policy and law for protected areas in the OECS, which can be adapted by individual Member States for national implementation. The policy recognizes the regional and international context within which protected areas are governed in the Member States and acknowledges the various challenges which the States confront in managing the sustainable use of protected areas. The policy then proceeds to set out a common vision, together with goals, objectives and fundamental principles. One noteworthy objective is to recognize protected areas as ‘an integral element of national planning and development’. The draft law which follows from the policy makes provision for the establishment of a protected areas system. It states the categories into which the protected areas would fall and requires all existing protected areas to be classified accordingly. It also provides for the identification of the agency which would have primary responsibility for each area. The draft requires the establishment of a national systems plan which sets the direction for individual protected areas management plans and which has the force of law. Provision is made for the establishment of a Protected Areas Coordinating Body. The Body is to be representative of stakeholders interested in all aspects of protected areas and is given the important mandate of annual reporting to the Cabinet, Parliament, the OECS and CARICOM. Inconsistencies between the (draft) Act and other laws in force at the time it takes effect are to be resolved in favour of the (draft) Act. The second initiative is the development of a draft Environmental Management Bill, based on an OECS framework. The draft establishes a Department of the Environment with broad responsibilities which include assessment of the status of natural resources, pollution, environmental degradation and other adverse impacts on the environment, ensuring natural resource protection and sustainable use, as well as the prevention of pollution. This draft also makes provision for the establishment of a National Environmental Commission with broad representation from government ministries, statutory bodies, private sector and civil society. Among other responsibilities, the Commission is required to advise the Minister on environmental and sustainable development matters, promote a coordinated approach to addressing environmental

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issues and undertake advocacy. There is significant focus on coastal zone management, pollution control and environmental monitoring, including the requirement of a national environmental management strategy. Pollution regulations have also been prepared to support this draft Act. As Saint Lucia seeks to develop its framework for protected areas, it is recommended that these significant pieces of work be taken into account. Not only would this assist in appreciating the ‘complete picture’, but perhaps more importantly, these drafts would inform final agreement on such matters as institutional development, inter-agency linkages, the composition, powers and functions of a coordinating body, issues of convergence and coherence of policies and laws, as well as the relevance of regional and international undertakings. Recommendation It is recommended that the 2008 ‘OECS Policy on Protected Areas Systems’ and ‘The OECS Model Protected Areas System Act’, as well as the 2014 draft Environmental Management Bill be taken into account in developing the final protected areas regime for Saint Lucia.

5. CONCLUSION By way of conclusion the following are recommended to address the institutional issues arising within the law and practice of designation and management of protected areas. Recommendations:

1. It is recommended that a concerted effort be made to agree a national policy for protected areas which would inform and become an integral part of a national strategic development plan.

2. It is recommended that a database of protected areas in Saint Lucia be prepared and that the protected areas be surveyed and demarcated in order to support accurate designation and use.

3. It is recommended that a definition of protected areas be agreed and incorporated into the legislative framework, either by means of the primary law or by regulations. It is noted that the latter option provides flexibility in the event modification is required.

4. It is recommended that an overarching law on protected areas be developed which rationalizes the current multiple laws on protected areas.

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5. It is recommended that regulations be prepared to support the implementation and enforcement of primary legislation and that when protected areas are declared they are given effect by the relevant ministerial order.

6. It is recommended that definitions in the existing legislation be reviewed in order to secure clarity of terms, consistency in application and enhance institutional efficiency. It is also recommended that the use of IUCN categories be considered and, where this is agreed, the definitions be incorporated into the laws whether by amendment of new drafts.

7. It is recommended that the Ramsar Convention on Wetlands and the World Heritage Convention 1972 be incorporated into the domestic law via appropriate enabling primary legislation supported by regulations.

8. It is recommended that an agency be identified to oversee protected areas management and ensure coordination among entities involved and it is noted that this agency should possess technical mandates, ministerial support and requisite resources to execute this function.

9. It is recommended that a body comprising representatives of all the agencies involved in protected areas management be established with a view to ensuring consultation and concerted action. It is also recommended that the body be provided the avenue to make submissions to the Cabinet of Ministers and to the Parliament.

10. It is recommended that the roles of various agencies in areas where jurisdiction is concurrent be made explicit in the laws and that provision be made for joint enforcement of rules. It is noted that this may be achieved in rules or regulations.

11. It is recommended that, in addition to legal and regulatory initiatives, concerted efforts be made to promote protected areas by consistent stakeholder awareness-building and education.

12. It is recommended that the 2008 ‘OECS Policy on Protected Areas Systems’ and ‘The OECS Model Protected Areas System Act’, as well as the 2014 draft Environmental Management Bill be taken into account in developing the final protected areas regime for Saint Lucia.

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REFERENCES Convention on Biological Diversity Thematic Report on Protected Areas – Barbados www.cbd.int/doc/world/bb/bb-nr-pa-en.doc Convention on Biological Diversity Third National Report - Saint Lucia https://www.cbd.int/doc/world/lc/lc-nr-03-en.pdf Caribbean Environment Programme Technical Report No. 36 1996: Status of Protected Area Systems in the Wider Caribbean Region. Country Profiles. Saint Lucia Environmental Solutions Ltd. 2014. Implementing a Framework for Environmental Management. Environmental Management Act 2014. Prepared for the Ministry of Sustainable development, Energy, Science and Technology, Saint Lucia Gardner, Lloyd. 2007. Review of the Policy, Legal and Institutional Framework for Protected Areas Management in St. Lucia. January 9, 2007 Commissioned by Environment and Sustainable Development Division, Secretariat of the Organisation of Eastern Caribbean States Haffey, David. 2009 OECS Protected Areas and Associated Livelihoods Project A Systems Plan for Protected Areas in Saint Lucia. 9 December 2009 John Norville, Joan. 2008. Review of the National Biodiversity Strategy and Action Plan for Saint Lucia. August, 2008 Knechtle, John C. 2008. ‘The OECS Policy on Protected Areas Systems’ and ‘The OECS Model Protected Areas System Act”. Institutional Arrangements for Protected Areas Management. Final Report, September 12, 2008 Ministry of Sustainable Development, Energy, Science and Technology, Government of Saint Lucia. 2013 Limits of Acceptable Change Study for the Pitons Management Area World Heritage Site. October 2013 Nichols, Keith 2004. OECS Protected Areas and Associated Livelihoods Project (OPAAL) Renard, Yves. 2011. Final Review of the OECS Protected Areas and Associated Livelihoods (OPAAL) Project 14 July 2011 International Union for Conservation of Nature (IUCN) website: www.iucn.org Parks.it: www.parks.it/world/LC/Eindex.html Ramsar website: www.ramsar.org Saint Lucia National Trust website: www.slunatrust.org SMMA website: www.smma.org.lc UNESCO World Heritage Centre website: whc.unesco.org/en/convention World Database on Protected Areas: www.protectedplanet.net

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APPENDIX I

TERMS OF REFERENCE

BIOPAMA Programme Legal Analysis of the Saint Lucia Legislative and Governance Framework for Protected Areas

• Background and justification The Biodiversity and Protected Areas Management (BIOPAMA) programme aims to address threats to biodiversity in African, Caribbean and Pacific (ACP) countries, while reducing poverty in communities in and around protected areas. It is an initiative of the ACP Group financially supported by the European Union’s 10th European Development Fund (EDF). BIOPAMA combines improving data availability with capacity development to strengthen protected area management. It has two main components: one concerning protected areas, jointly implemented by the International Union for Conservation of Nature (IUCN) and the EC’s Joint Research Centre (JRC), and another dealing with access and benefit sharing (ABS), implemented by the Multi-Donor ABS Capacity Development Initiative managed by Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH. Under the protected areas component BIOPAMA has established a series of interlinked, but regionally centred, Observatories for Biodiversity and Protected Areas Management in each ACP region. . In the Caribbean region, the Observatory is called the “Caribbean Protected Areas Gateway” (The Caribbean Gateway) and hosts a node for a Regional Reference Information System (RRIS), which works as a platform to facilitate exchange of data/information and implement relevant capacity building initiatives for the region among decision makers and managers of protected areas. The Caribbean Gateway will build on global efforts for collecting data, directly from the ground, from national services, and from regional and international institutions holding relevant information on biodiversity, pressures and threats. It will have the general mandate of ensuring the awareness and effective buy-in of political institutions in the region to the necessity to maintain efforts on biodiversity conservation. Another output of the protected areas component of BIOPAMA is the capacity building programme. For the Caribbean, the capacity building focus is on improving PA staff abilities by facilitating specific, targeted training courses and regional exchanges and supporting improvements at the national level across responsible agencies for data and PA system management. In particular, support is being provided to the Government of Saint Lucia for the development of an action plan for the adoption and implementation of their Systems Plan for Protected Areas (SPPA). The establishment of a SPPA in Saint Lucia has its origins in the 1992 Saint Lucia National Trust (SLNT) driven effort, and that plan provided the basis for the current plan which emerged from the 2009 OECS Protected Area and Associated Livelihoods (OPAAL) process. Saint Lucia has long noted the importance of PA having established the Castries Waterworks Reserve in 1915. A number of PAs (e.g. Pitons Management Area) have also been declared nationally in an effort to conserve the natural, cultural and historic heritage of Saint Lucia; and provide opportunities for outdoor recreation and enjoyment for Saint Lucians. The proposed SPPA was developed to create a framework for effective management of a comprehensive network of PA across Saint Lucia. Assessments related to the current legislative framework for PA including management of private lands within PA boundaries and the existing governance structure for PAs in Saint Lucia are required to facilitate the completion of an appropriate action plan. Towards this end, the Biodiversity and Rights Unit in the IUCN Regional Office for Mexico, Central America and the Caribbean (IUCN-ORMACC), is seeking to hire a suitable consultant to complete these assessments and to make recommendations for a suitable policy, legislative and governance framework for moving the process forward.

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• Consultancy objectives 2.1. General: Provide support to the Government of Saint Lucia in the development of an action plan to adopt and implement the Systems Plan for Protected Areas for Saint Lucia.

2.2. Specific: • To assess the current legislative framework for protected areas within Saint Lucia, for the purpose of

recommending strategies to address any overlap of mandates and roles of different institutions involved in protected area management

3. Expected deliverables • Product: A report that incorporates an assessment of the current legislative framework for protected areas

within Saint Lucia with specific recommendations for addressing any overlap of legal mandates and roles for the different institutions involved in protected areas management;

4. Activities, programming and schedule of deliverables 4.1. Activities and programming

Specific objectives Activities Dec Jan

2 3 4 1 2

SO 1 – Provide support to the Government of Saint Lucia in the development of an action plan to adopt and implement the Systems Plan for Protected Areas for Saint Lucia.

• Assess the current legislative framework for protected areas in Saint Lucia

• Produce a report of the assessment of PA legislative framework that includes specific recommendations for addressing any overlap of legal mandates and roles for the different institutions involved in protected areas management.

4.2. Schedule for delivery of products:

Deliverables Dates and payment 1. Upon signature of contract. Upon signature of contract; 30% 2. Upon delivery of product - A report that incorporates

assessment of the current legislative framework for protected areas within Saint Lucia with specific recommendations for addressing any overlap of legal mandates and roles for the different institutions involved in protected areas management;

The report will be shared with the Government of Saint Lucia for use in a national workshop. The deliverable must meet the entire satisfaction of IUCN.

January 12, 2016; 70%

5. Length and conditions of the consultancy 5.1 Period: Period: December 12, 2016 to January 12, 2017. Total duration is 1 month. 5.2 Consultancy supervisor: Hyacinth Armstrong-Vaughn, Protected Areas Officer, Biodiversity and Rights Unit

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5.3 Other expenses: Consultancy amount covers professional fees only. 5.4 Work methodology: The consultant will work closely with José Courrau, ORMACC Senior Technical Officer;

Hyacinth Armstrong-Vaughn, ORMACC Protected Areas Officer; and Augustine Domenique, Government of Saint Lucia representative. IUCN staff will be available to answer specific questions in relation to the BIOPAMA project and the partnerships that can support these efforts; all contractual arrangements will be managed by IUCN ORMACC.

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APPENDIX 2

LEGISLATION RELEVANT TO PROTECTED AREAS IN SAINT LUCIA

TITLE ACT/YEAR REGULATIONS/ RULES

Forest, Soil and Water Conservation Act CAP 7.09

6/1945

Forest reserve proclamations – section 19 Statutory instrument 48/1946 Amended by S.I. 53/1984 Amended by s.i. 77/1985 Protected forest rules and declarations – sections 21 and 22 Statutory instrument 18/1951 Amended by S.I. 48/1985 Amended by s.i. 31/1986 Prohibited areas proclamations – section 28 Statutory instrument 49/1949

Crown land forest produce rules – section 48 Statutory instrument 45/1946 Amended by S.I. 9/1951 Amended by S.I. 11/1983

Saint Lucia National Trust Act CAP 6.02

16/1975

Saint Lucia National Trust Rules Section 9 – Statutory Instrument 27/1984 Pigeon Island National Park Bye-law Section 16 – Statutory Instrument 47/1982

Wildlife Protection Act CAP 6.03

9/1980

None

Fisheries Act CAP 7.15

1984

Fisheries Regulations Section 39 - Statutory Instrument 9/1994 Fisheries (Snorkelling Licence) Regulations – Statutory Instrument 223/2000

Land Conservation and Improvement Act CAP 5.10

10/1992

None

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Water and Sewerage Act CAP 9.03

14/ 1995

None

National Conservation Authority Act CAP 6.01

16/1999

None

Physical Planning and Development Act CAP 5.12

29/2001

None

Maritime Areas Act 6/1984

None

Beach Protection Act CAP 6.04 Amended 9/1984

2/1967

None

Crown Lands Act CAP 5.02 Amended 1960 and 2002

7/1945

Crown Lands Regulations – Section 7 (SI 36/1946, amended By S.I. 51/1953) Crown Lands (Allotment to Saint Lucia National Trust) Regulations – s7 (SI 49/1982) Crown Lands (Allotment to Local Authority) Regulations – s7 (SI 57/1985) Crown Lands Rental Rate Order –

s7 (SI 80/2001) Land Acquisition Act CAP 5.04 Amended 11/2000

12/1945

Saint Lucia Constitution Order 1978

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APPENDIX 3

PROTECTED AREAS UNDER THE FOREST, SOIL AND WATER CONSERVATION ACT

Forest reserves proclamations

(Statutory instruments 48/1946, 55/1951, 10/1952, 53/1984 and 77/1985) 1. Gathering grounds of the Castries Water Supply. The said Reserve is known as the Castries Water Works Reserve. 2. Gathering ground of the Dennery Water Supply. The said Reserve is known as the Dennery Water Works Reserve.

3. All that area of Crown lands in the Quarters of Micoud and Vieux-Fort …The said Reserve is known as the Central Forest Reserve. 4. All that lot of land comprising the Ve. Vottier, Basse, Estribeau and Ve. Nicoleau Estates in the Quarter of Micoud being No. 32 Red, No. 30 Red, No. 28 Red and No. 27 Red respectively on Lefort de Latour’s Plan of Saint Lucia, 5. All that lot of land comprising the De Suze Estate in the Quarter of Micoud being No. 41 Red on Lefort de Latour’s Plan of Saint Lucia, 6. All that portion of land 3,449 acres in extent known as “Castries Waterworks Forest Reserve” (Inserted by S.I. 53/1984) 7. BARRE DE L’ISLE FOREST RESERVE NORTH (Inserted by S.I. 77/1985) 8. BARRE DE L’ISLE FOREST RESERVE SOUTH (Inserted by S.I. 77/1985) 9. CENTRAL FOREST RESERVE “A” (Inserted by S.I. 77/1985) 10. CENTRAL FOREST RESERVE “B” (Inserted by S.I. 77/1985)

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11. QUILESSE FOREST RESERVE (Inserted by S.I. 77/1985) 12. ADDITION TO THE CENTRAL FOREST RESERVE (Inserted by S.I. 77/1985) 13. DENNERY WATERWORKS FOREST RESERVE (Inserted by S.I. 77/1985)

Declared protected forests

Quarter of Praslin - 2 Quarter of Anse La Raye - 3 Quarter of Castries – 1 Quarter of Soufriere – 2 Marquis Estate Area – 5 Monier – Plateau – 1 Balata – Girard – 1 Forestierre – Chassin – 1 Derniere Ribiere – 1 Ravine Poisson – 1

Prohibited Areas

Statutory Instrument 49/1949

Castries Water Works Reserve Denery water Works reserve

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APPENDIX 4

LIST OF PROPERTIES HELD BY THE SAINT LUCIA NATIONAL TRUST

NAME LOCATION SIZE Anse Galet Anse La Raye 214.44 acres Anse La Liberte Canaries 138 acres, 1 Rood and 21.7

perches Apostles Battery Castries 1 acre Bateaux Island Dennery 1.40 hec. Choc Park Castries 12,000 sq ft Dennery Islands Dennery 2.80 hec. Fous Island Dauphin 0.50 Hec. French and British Cemeteries Castries 2.09 Hec Half Moon Battery Castries Inniskilling Monument Castries 3.04 acres Lapins Island Dauphin 0.67 hec L’islet Island Micoud 0.56 hec. Lislet a Ramier Dennery 0.50 hec. Lithographic Press Castries 1808 sq ft Liverpool Rock Micoud 0.48 hec. Mandele Estate Dennery 133 acres Maria Islands Vieux Fort 19 acres 3 Roods and 9.4 perches Marigot Estate Castries 33.30 acres Married Women’s Quarters Castries 13.9 acres Meadow’s Battery Castries 0.45 acres Old Agricultural Building Castries 0.06 hec. Pigeon Island National Landmark Gros Islet 44 acres Powder Magazine Castries 3.61 acres Provost Park and Guard Cells Castries 2.45 acres Rouche Island Dennery 1.40 hec.

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APPENDIX 5

By Gazette notice 808/1986 the following were declared Marine Reserves: (1) Marquis Mangroves (2) Rodney Bay Artificial Reefs (3) Marigot Bay Mangroves (4) Anse Marin Reef (5) Reef between Grand Caille and Rachette Point (6) Anse L’Ivrogne Reef (7) Anse Pointe Sable-Mankote (8) Maria Islet Reef (9) Savannes Bay Mangrove (10) Reef at Malgretoute (11) Reef in Anse de Pitons (12) Esperance Harbour Mangrove (13) Praslin Mangroves (14) Fond d’or (15) Louvette Mangroves (16) Grand Anse Beach and Mangroves (17) Bois d’Orange Mangrove (18) Cas-en-Bas Mangrove (19) Choc Bay Mangrove By Gazette notice 7/1990 the following were declared Marine Reserve Areas: (1) Reefs at Anse Chastanet comprising Turtle Reef and that portion of the reef

extending seawards from the southernmost point of Anse Chastanet Beach to Grand Caille Point.

(2) Artificial Reef at Anse Cochon (3) That Reef extending from the river at Anse Galet to the northernmost point of the beach at Anse Cochon (4) Vigie Bay Artificial Reef (5) Artificial Reefs at Moule-A-Chique (6) Reefs extending from Caesar Point to Mathurin Point Soufriere Marine Management Area designated 1994 under the Fisheries Act 1984 Canaries and Anse La Raye Marine Management Area designated under the Fisheries Act 1984

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APPENDIX 6

BEACHES MANAGED BY THE NATIONAL CONSERVATION AUTHORITY ANSE LA RAYE/CANARIES Anse Cochon Beach

Anse Galet Anse La Raye Canaries Waterfront La Bas Bay Roseau Trou Lange

CASTRIES AREA Bananes Bay Choc Beach East Winds Grand Anse Tapion Vigie Beach

CHOISEUL Anse Du Paye Sables Wicha Choiseul Waterfront

DENNERY Dennery Fond D’Or

GROS ISLET Cas En Bas Dauphin Gros Islet Bay Pigeon Point Reduit Smuggler’s Cove Marisule Trouya Beach

LABORIE Rudy John Beach MICOUD Micoud

Praslin SOUFRIERE Hummingbird Beach

Malgretoute Soufriere Waterfront Sugar Beach

VIEUX FORT Black Bay Beach Bois Chandon Coco Dan Honeymoon Beach Point Sables (Sandy Beach)