Protected Areas Legislation
What is the purpose of the proposed protected areas legislation?
Conservation of biodiversity is essential for long-term maintenance of healthy ecosystems, resources and human well-being, including food security. In the Northwest Territories (NWT), the land and water are lifelines for Indigenous cultures and the wellbeing of all people.
Often, the most biologically diverse areas are also the most culturally rich; they provide long-term opportunities for the development of a diversified economy through tourism, important cultural, recreational and educational activities, and other land-based activities. A conservation network, including protected areas, is an effective and equitable way to ensure NWT cultures, land and water stay healthy for future generations.
The purpose of the proposed protected areas legislation is to provide the legislative framework for protecting, conserving and maintaining biodiversity, ecological integrity and cultural continuity of the NWT through the creation of a network of permanent protected areas that are representative of the ecosystems and cultural landscapes found in the territory.
Why do we need new protected areas legislation?
This legislation will allow us to protect public land in the NWT in a way that protects biodiversity as a whole and collaboratively establishes and manages protected areas with Indigenous governments and organizations. The proposed legislation will be used to meet the conservation network planning requirements identified in Healthy Land, Healthy People: GNWT Priorities for Advancement of Conservation Network Planning 2016-2021.
Specifically, the Government of the Northwest Territories (GNWT) is working in partnership with Indigenous governments to use the proposed legislation for the establishment of the Dinàgà Wek’èhodì and Ts’ude niline Tu’eyeta candidate areas, and parts of Thaidene Nëné.
What activities will be allowed in protected areas under the new legislation?
The proposed legislation is designed to be flexible in order to ensure the unique needs and features of individual protected areas can be addressed through the establishment and management processes.
Activities that are compatible with protection of biodiversity, ecological integrity and cultural continuity, such as sustainable tourism, traditional economies and conservation economy opportunities, may be allowed. Subsurface protection will be included in these protected areas, so mining or oil and gas exploration or development will not be allowed. Activities like logging, quarrying, or energy developments will not be allowed on a commercial or industrial scale; however, if certain conditions are met, exceptions could be made on a small scale, like tree cutting for an eco-lodge, gathering stone for carving or generating renewable energy for an adjacent community.
The specifics of management and governance agreements with Indigenous governments and decisions about allowable activities will be unique to each protected area. The Regulations and Management Plans for each area will detail what activities can happen where, when and under what conditions.
What are the key things the legislation allows for?
- Permanent protection of biodiversity, ecological integrity and cultural continuity.
- Collaborative establishment, management and governance arrangements with Indigenous governments and organizations that respect Aboriginal and Treaty rights, land claim and self-government agreements.
- Activities compatible with protection of biodiversity, ecological integrity and cultural continuity.
- Ability to manage allowable activities through permits, zoning or conditions in Regulations or the Management Plan.
- Recognition of the intersection between cultural landscapes and biodiversity protection.
- Opportunities for engagement of the public in the establishment and management of protected areas under the new legislation.
- Public protected areas registry that describes candidate and established protected areas and, for established protected areas, lists the objectives of the area and describes how it meets the purpose of the new legislation.
- Requirement for interim protection of candidate areas while they are being evaluated to determine if they should be designated as protected areas.
- Requirement for a management plan for established protected areas that includes where allowable activities can occur, the objectives for the area, the actions that are needed to meet the objectives, and how progress in meeting the objectives will be measured.
- Requirement to report to the Legislative Assembly on the status of candidate protected areas and on the state of established protected areas and the NWT conservation network as a whole.
- Criteria for making changes to a protected area, if needed.