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Status of Private Land Conservation: Country Profile Questionnaire

Introduction

Statement of Need

There is increasing acknowledgement of the importance of privately protected areas (PPAs) in fulfilling
national and international biodiversity and protected area goals. For example:

- In 2014, the IUCN produced a report, The Future of Privately Protected Areas (Stolton et al. 20141),
which highlighted the major role PPAs play around the world. At the 2016 IUCN World Conservation
Congress, the Members' Assembly approved a resolution, specifically on PPAs, to expand reporting on
these areas, research into legal and financial incentives supporting expansion of such areas, study the
extent of privately protected areas worldwide, and more2.

- The Convention on Biological Diversity Programme of Work on Protected Areas (CBD PoWPA):
o In decision VII/283, underscored the importance of Private nature reserves as one of the
Governance types in the ecosystem approach of protected areas.
o In decision IX/184 paragraph 6 (b), Invited Parties to: “Recognize the contribution of, where
appropriate, co-managed protected areas, private protected areas and indigenous and local
community conserved areas within the national protected area system through
acknowledgement in national legislation or other effective means.”
o In decision X/315 paragraph 32 (b), the COP recalling paragraph 6 of decision IX/18 A further
invited Parties to "Recognize the contribution of, where appropriate, co-managed protected
areas, private protected areas and indigenous and local community conserved areas within the
national protected area system through acknowledgement in national legislation or other
effective means.”

- Aichi Biodiversity Target 11 states: “By 2020, at least 17 per cent of terrestrial and inland water areas
and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity
and ecosystem services, are conserved through effectively and equitably managed, ecologically
representative and well-connected systems of protected areas and other effective area-based
conservation measures, and integrated into the wider landscape and seascape”6. Privately protected
areas may be counted toward this goal, as there is recognition that government protected areas,
alone, are not sufficient to reach these targets.

1
Sue Stolton, Kent H. Redford and Nigel Dudley (2014). The Futures of Privately Protected Areas. Gland, Switzerland:
IUCN. Available here: https://portals.iucn.org/library/sites/library/files/documents/PATRS-001.pdf
2
http://privateconservation.net/ppa-resolution.html
3
https://www.cbd.int/decision/cop/?id=7765
4
https://www.cbd.int/decision/cop/?id=11661
5
https://www.cbd.int/decision/cop/default.shtml?id=12297
6 http://nbsapforum.net/#categories/280
Despite this increasing recognition of the importance of privately protected areas, there is currently a paucity
of information regarding what legal, political, and financial tools are available in countries, which makes it
difficult to think about how efforts may be scaled up around the world. Therefore, the International Land
Conservation Network (ILCN) and United Nations Development Programme (UNDP) is embarking this project
to create high-level overviews of existing national laws and policies around the world that encourage private
and community land conservation.

General introduction and instructions:


This effort document is designed to create high-level overviews of existing national laws and policies around
the world that encourage private land conservation, or privately protected areas (PPAs). This exercise will
focus on 30 countries that have developed post-2010 National Biodiversity and Strategy Action Plans (NBSAPs)
and have been selected based on the view that all world regions must be represented.

Data collection will be carried out by ILCN and UNDP interns. The interns will strive to synthesize the data into
concise statements, but cite ALL information by including a footnote with the website, publication information,
and author or, if information is gained by interviewing in-country experts, the expert’s name, affiliation, and
date of conversation.

Once complete, each profile will be vetted by in-country and regional experts. The questionnaires will also be
shared with policy makers for comments and feedback. The profiles will serve as a living document that can be
updated as and when new laws and policies are adopted.

The final product will be a publication summarizing the trends, defining the different tools available in
countries along with links to each of the country profiles.

Privately Protected Areas Definitions

To maintain consistency with the IUCN Specialist Group on Privately Protected Areas and Nature Stewardship
in this exercise, we will adhere to the following definitions established in the Futures of Privately Protected
Areas (Stolton et al. 2014):

According to the IUCN, a protected area is: A clearly defined geographical space, recognized, dedicated
and managed, through legal or other effective means, to achieve the long-term conservation of nature
with associated ecosystem services and cultural values (emphasis added). (Stolton et al. 2014; page 6)

...a privately protected area is a protected area, as defined by IUCN, under private governance (i.e.
individuals and groups of individuals; non-governmental organizations (NGOs); corporations – both
existing commercial companies and sometimes corporations set up by groups of private owners to
manage groups of PPAs; for-profit owners; research entities (e.g. universities, field stations) or religious
entities). (Stolton et al. 2014; page 12)

…‘private’ in the context of IUCN governance types is all ownership types that are not ‘governments’,
‘indigenous and community’ or ‘shared’ (emphasis added) (Stolton et al. 2014; page 13)
In summary, please see Table 3 from Stolton et al. 2014:

In addition, the table below is intended to clarify each ownership/management type for private land
conservation. Examples are adapted from Stolton et al. 2014 and Borrini-Feyerabend et al. 20137 to ensure
consistency with IUCN (please see these reports if you need additional clarification).

PPA ownership and/or Examples


management types:
Individuals Individual landowners may pursue conservation for their properties,
which may or may not be declared in a formal way through agreements
with the government or an NGO
Groups of individuals Groups of neighboring private landholders may form collaborative
conservancies that jointly or cooperatively manage large conservation
units
Non-governmental An NGO may engage in the protection of private land by:
organizations (NGOs); - Owning and managing land as a protected area (either by
purchasing land or receiving it for a conservation purpose from an
individual or corporation); or
- Entering into an agreement with a landowner declaring a
property a protected area (such as an easement, servitude, or

7
Borrini-Feyerabend, G., N. Dudley, T. Jaeger, B. Lassen, N. Pathak Broome, A. Phillips and T. Sandwith (2013).
Governance of Protected Areas: From understanding to action. Best Practice Protected Area Guidelines Series No. 20,
Gland, Switzerland: IUCN. xvi + 124pp. Available here:
http://cmsdata.iucn.org/downloads/governance_of_protected_areas___from_understanding_to_action.pdf
covenant); or
- Leasing and managing land for the purpose of conservation; or
- Entering into an agreement with the government to manage
government land as a protected area
Corporations A Company may engage in the protection of private land by:
(both existing commercial - Donating or selling land to conservation organizations or similar
companies and sometimes (e.g. old mining or quarrying sites, abandoned agricultural land or
corporations set up by groups unproductive forestry land)
of private owners to manage - Contributing land or water for biodiversity conservation and
groups of PPAs) handing over management to other organizations or individuals
(e.g. conservation easements, covenants, donation etc.)
- Owning and managing land or water for biodiversity conservation
- Managing leased land for conservation purposes

For-profit owners A landowner may establish a protected area as a business, such as for
eco-tourism
Research entities (e.g. A university or field station may own and manage land for conservation,
universities, field stations) or work collaboratively with an NGO to manage the land

Religious entities A religious entity may own land that it manages for conservation
purposes
Country Profile Questionnaire

Section I. Country Overview

1. What is the existing land cover in the country (if possible, please list percentages)?

2. What are the predominant land ownership types in the country (ex. government ownership, private
ownership, community ownership)?
a. Do private landowners have legal title to their land?
b. What is the percentage of public and private ownership in the country?

3. How, if at all, is a PPA defined in the country (including ownership, management, objectives, and
permanence)?

4. How much land (in acres or hectares) is conserved through PPAs in the country, and/or how many
PPAs are there in the country?
a. Of the total protected area of the country, what is the contribution of the PPAs?
b. Please specify, if possible, the ownership and/or management type(s) of the PPAs.

5. Are PPAs addressed in the country’s national action plans or NBSAPs?


a. Is there any estimation of the contribution of the private protected areas to the national
conservation goals?

Section II. Law and Policy for Private Land Use

1. Is there formal legislation that allows for voluntary creation of PPAs? Does that legislation afford
enforceable legal protection?

2. Are there any informal mechanisms to create PPAs?

3. Are there legal tools currently under consideration that, if accepted/passed, would support the
creation of PPAs?

Section III. Financial Incentives for Privately Protected Areas

1. What kinds of financial tools are in place to facilitate land conservation directly? For example, is there:

a. A tax incentive to the landowner to lower the tax base of his/her land if it is converted to
permanent conservation use through a binding (long-term or permanent) conservation agreement
(for example, resulting in a lowered tax rate or deduction over one or multiple years)?

b. A tax incentive to landowners who donate land for conservation purposes (to an NGO or the
government, for example)?
c. A tax incentive to people who donate money to charitable organizations?

d. Any other incentives for managing private land for conservation, such as through payments for
ecosystem services or REDD+?

2. Are there financial tools currently under consideration that, if accepted/passed, would support the
creation of PPAs?

Section IV. Organization

1. Are there any national or regional organizations and/or networks dedicated to supporting the creation
and/or management of PPAs?

2. Is there an entity currently collecting information on the status of PPAs in the country? If so, please
provide contact information, if possible.

Section V. Best Practices/Case Studies

Briefly include the following details (300 words per section and share the link of source):
1. Project title
2. Problem/challenge
3. Action taken: legal and/or financial tool used
4. Result/Impact
5. Key weblinks for more information on this case

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