RESOLUTION OF PARLIAMENT OF GEORGIA

ON THE LAW ON THE SYSTEM OF PROTECTED TERRITORIES

Parliament of Georgia resolves:

Law on the System of Protected Territories shall enter into effect immediately after its adoption.

The Central Department of Protected Territories, Reserves and Hunting Areas shall:

within six months following the effective date of this law, bring the existing categories of protected territories, regulations of such territories, detailed rules of prohibited and permitted actions and those governing the activities in the zones of natural calamities into conformity with this law and present to Parliament of Georgia a proposal of amendments to the existing legal acts of Georgia;

by June 1996, prepare and present to Parliament of Georgia a proposal concerning the taxing of actions permitted in the protected territories, levying of penalties and collecting of compensations, as well as the use of these and other revenues or contributions;

by June 1996, bring its own Regulations into conformity with this law;

by the end of June 1996, prepare a report on the status of protected territories.

ZURAB ZHVANIA

Chairman of Parliament

March 1996, Tbilisi, Georgia

 

The System of Protected Territories is to be established for the purpose of preserving distinctive natural and cultural environments, or their particular components, for the future generations, protecting mental and physical health of the people, and ensuring the creation of one of the most important conditions precedent to the civilized development of society.

In Georgia the protected territories shall be created for the purpose of protecting and renewal of the most important national heritage ­ unique, rare and distinctive ecosystems, plant and animal species, natural formations and cultural areas; ensuring the development of scientific, educational, recreational and natural resource preserving arrangements.

The objectives of planning, classifying, establishing and functioning of the System of Protected Territories in Georgia are as follows:

-to protect on a long-term and guaranteed basis bio-geographical units of Georgia, ensuring, thus, a perpetual development of natural processes;

-to protect and revive natural ecosystems, landscapes and living organisms;

-to protect gene pools of disappearing plants and animals and preserve biological diversity;

-to preserve unique and rare organic or inorganic natural formations;

-to preserve from the human interference those areas which are particularly liable to erosion, floods, landslides, snowdrifts, as well as those where there is a concentration of underground waters, flows and drains;

-to preserve and rehabilitate historical and cultural landscapes, architectural and archeological monuments, distinctive landscapes;

-to create normal conditions for the field works in the areas which are valuable and unique for educational and scientific activities;

-to ensure favorable conditions for recreation, health care and tourism in natural and historical/cultural environments;

-to preserve distinctive historical and cultural environments by encouraging the protection, revival and development of traditional economic activities and folklore;

-to encourage the activities aimed at preserving those areas, which are valuable for agricultural, industrial, transportation, energy purposes, as well as natural resources.

Legal acts, which regulate the protected territories, are based on the Constitution of Georgia and consist of this law and other regulations originating from this law.

All relations arising from the use of land, forests, waters, natural resources available in the protected territories, and monuments of history and culture, are governed by appropriate legislation.

Proprietary relations connected with the use and preservation of protected territories are governed by civil law of Georgia.

The categories of protected territories shall include: state reserve, national park, natural monument, prohibited, protected landscape, territory of multi-purpose use.

In Georgia it is permitted to recognize some categories of protected territories, which are included in the international network, such as biosphere reserve, site of the world heritage, ultra-humid territory of international importance.

A state reserve may be established in order to preserve the nature, natural processes and genetic resources in a dynamic and untouched state, conduct scientific research and exploration with insignificant adverse effects, perform educational activities, and have the environment under the observance and monitoring.

For the state reserve there shall be selected a territory and/or water area of such dimensions and status, which may ensure the preservation of natural sites and processes without special care and efforts on the part of a human.

The state reserve may be contained in any protected territory (biosphere reserve, area of world heritage, ultra-humid territory of international importance) and/or consist of any of them (natural monument).

A national park shall be established for the protection of nationally or internationally important, relatively large and distinctive by their natural charms ecosystems, preservation of living environment, conducting of scientific and research, educational and recreational activities.

For the national park there may be selected a relatively large natural territory and/or water area, which consists of one or more unique, rare or disappearing, undamaged or less damaged ecosystem, biocenosis or species of wild living organisms.

The national park may include the following zones:

strict protection zone;

regulated protection zone;

visitors’ zone;

restoration zone;

historical/cultural zone;

administrative zone;

traditional usage zone.

-A strict protection zone shall be established to preserve virgin nature, conduct non-manipulative scientific research and educational activities.

-A regulated protection zone shall be established to protect, take care of, and restore a living environment, as well as to conduct manipulative scientific research, tourist and educational activities.

-A visitors’ zone shall be established to conduct environmental, recreation and educational activities.

-A restoration zone shall be established for the purpose of preservation and restoration of natural sites and territories affected as a result of human interference.

-A historical/cultural zone shall be established for the preservation and restoration of natural environment, historical/cultural sites and/or architectural monuments, recreational, tourist and educational activities (such a zone may not contain settlements).

-An administrative zone shall be established to set up a national park administrative infrastructure.

-A traditional usage zone shall be established to conduct economic activities related to the environment protection and traditional use of renewable natural resources. In such zones there shall be permitted: mowing, pasturing, wood collecting, etc., within the limits of local needs and natural productivity. There shall be prohibited: sowing, plowing and erecting agricultural facilities.

The national park may cover different categories of protected territories (natural monument, prohibited, site of the world heritage) and/or be combined with a biosphere reserve, site of the world heritage or ultra-humid territory of international importance.

A natural monument may be established to protect natural/cultural formations of national importance, relatively less unique natural territories and rare natural formations.

The natural monument may cover a relatively small area of national importance, which contains rare, unique and highly aesthetic compact ecosystems, individual geomorphologic and hydrological formations, individual examples of plants and excavated living organisms.

The natural monument may constitute an integral part of any protected territory.

A prohibited may be established to protect those natural conditions, which are necessary for the preservation of living organisms of national importance, wild species, groups of species, biocenoses, and formations of inorganic nature and, which require special restoration and caring efforts on the part of a human. In the prohibited it is permitted to exploit individual renewable resources.

The prohibited requires a territory and/or water area of national or sometimes international importance, which contains rare, unique, distinctive and disappearing local or migrated species of living organisms and important components of ecosystems.

The prohibited may form an integral part of a biosphere reserve, site of the world heritage, ultra-humid territory of international importance or other protected territory and may contain a natural monument.

Where there is such a need, the prohibited may include several zones.

A protected landscape may be established to protect nationally important, aesthetically distinctive, natural landscapes, or those of natural/cultural character, established as a result of harmonious correlation of nature and a human; as well as to protect living nature and to conduct recreational/tourist and traditional economic activities.

The protected landscape requires a nationally important wide land and/or water area, which contains a distinctive, historically and aesthetically valuable natural/cultural landscape.

The protected landscape may form an integral part of any other protected territory (biosphere reserve, site of the world heritage) or contain a protected territory (natural monument).

The natural landscape may include different zones.

A territory of multi-purpose use shall be established in conformity with environmental needs and to conduct economic activities oriented to the exploitation of natural resources.

The territory of multi-purpose use requires a relatively large area of land and/or water, which represents a natural repository of waters, forests, or productive pastures, or may be used for hunting, fishing or tourism, or for the multiplication of wild animals or birds. It may be a little bit modified or contain settlements. The territory may not cover unique natural formations of national importance.

In order to ensure perpetuation and the guaranteed use of renewable natural resources, it may be permitted to outline in acceptable proportions environmental protection and multi-purpose zones.

A biosphere reserve shall be established to protect the nature, natural resources and biological diversity in their dynamic and self-regulated status; to preserve a living environment; to implement global monitoring of environment; and to conduct scientific research, recreational and educational activities.

The biosphere reserve requires a large territory, which contains one or more natural or natural/artificial site of international importance. These shall include:

-natural examples of biomes;

-distinctive territories with distinctive natural formations;

-examples of harmonious landscapes emerged in the historical course of traditional land use;

-modified and degraded landscapes, whose restoration is still possible.

The selected territory shall be recognized as a biosphere reserve only after it has been recognized as such by the Coordination Board of the UNESCO’s program "A Human and the Biosphere".

The biosphere reserve may consist of the following zones:

nucleus, or strict protection zone;

regulated protection (manipulative), or buffer zone;

restoration zone;

traditional/cultural landscape zone.

-In a nucleus, or strict protection zone only non-manipulative research activities shall be permitted.

-In a regulated protection zone research/exploration, environmental protective and restorative activities may be permitted.

-In a restoration zone there may be permitted protective and restorative activities of sites affected by a human.

-In a traditional/cultural landscape zone there may be permitted traditional economic use of renewable natural resources.

The territory of the biosphere reserve may contain one or more category of protected territory (state reserve, national park, natural monument, prohibited, protected, protected landscape, territory of multi-purpose use).

A site of the world heritage shall be established to protect natural and natural/cultural territories and formations of universal importance and to conduct scientific research, educational and monitoring activities.

The site of the world heritage requires a territory, in which natural or natural/cultural values of international importance are located. These include:

examples of different stages of the history of the Earth materialized in natural environment;

environmental examples formed in the course of geological and biological processes and historical correlation of a human and the nature;

unique and rare natural phenomena, formations or structures, or natural territories of highest aesthetic value;

rare and disappearing plant and animal species and their surviving environment;

rare, unique, distinctive, highly aesthetic products of a human’s creative genius, which played an important role in the development of city planning, landscape architecture and fine arts at any stage of the world’s history of culture and/or, which represent perfect examples of the harmonious unity of the nature and the culture.

The selected site shall be recognized as one of the world heritage only after it has been recognized as such by the UNESCO Committee for The Convention on the World Heritage.

Within the territory of the site of the world heritage there may be established one or more protected territory of different category (state reserve, national park, natural monument, prohibited, protected landscape), or it may form an integral part of another protected territory (biosphere reserve, state reserve, national park, prohibited, protected landscape).

The permitted forms of possession, disposal of and exploitation of natural resources located within the protected territories shall be determined by their respective categories and territorial/functional zones.

The territories of all state reserves, national parks, natural monuments and the prohibited shall be an exclusive property of the State. Hereby is prohibited the transfer of natural resources located in such territories to individuals or legal entities, with the exception of traditional usage zones of national parks and certain sites of the prohibited. Wild animals living in the above territories shall also be deemed the State property.

Protected landscapes, natural resources, natural/cultural and historical/cultural sites contained therein, along with the State ownership, may be subject to other forms of ownership, as provided by law.

Natural resources, natural/artificial and artificial items contained in the territory of multi-purpose use, along with the State ownership, may be subject to other forms of ownership, as provided by law.

The territory of the nucleus, or strict protection zone of a biosphere reserve and all natural resources contained therein shall be an exclusive property of the State. The transfer of natural resources contained in such a zone shall be prohibited.

The territory of the regulated protection zone of a biosphere reserve, as well as all natural resources, including wild living organisms, contained therein shall be an exclusive property of the State.

The territories of restoration and traditional/cultural landscape zones of a biosphere reserve, as well as all natural resources, natural/cultural and historical/cultural sites contained therein shall be the State property. Within the limits of law there may also be recognized other forms of ownership.

Forms of ownership of the territories of ultra-humidity and sites of the world heritage, as well as natural resources contained therein, shall be determined in accordance with the forms of ownership of those categories of protected territories, in which they are contained.

The planning of the System of Protected Territories is a part of the Georgia’s Development Strategy and is closely linked with both different (national, regional) levels of territorial planning and various programs of sectoral planning (environmental protection and preservation, science, education, health care, tourism, recreation, forestry, hunting, energy sector, agriculture, transport, housing and construction, protection of the monuments of history and culture, etc.).

The planning of the System of Protected Territories specifies planning regions, natural and natural/historical sites and complexes which should be protected; defines recommended categories, boundaries, and zones of protected territories, as well as permitted activities; develops priorities and phases of establishing the protected territories.

The planning of the System of Protected Territories shall be the responsibility of the Ministry of Environment and Natural Resources, the Ministry of Urbanization and Construction, and the Central Department of Protected Territories, State Reserves and Hunting Areas (hereinafter referred to as the "Protected Territory Service").

In Georgia decisions on the establishment, territorial expansion or upgrading the categories of the protected territories shall be made by Parliament of Georgia.

In cases of emergency (catastrophic and irreversible destruction of the protected ecosystems, need of large-scale restorative works), decisions on suspension or abolishment, territorial reduction, or downgrading the categories of the protected territories shall be made by Parliament of Georgia on the basis of recommendations of the Ministry of Environment and Natural Resources and the Protected Territory Service.

In exceptional cases, until a detailed program of protection, care and management of territorial boundaries and zones (Protected Territory Management Plan) has been developed, i.e. until relevant permanent category is determined, a temporary category should be determined and such a decision shall be made by Parliament of Georgia.

The first stage of the protected territory planning (system planning at national and regional levels) shall be managed in conformity with the obligatory Protected Territory Management Plan).

The Management Plan, which should establish exact boundaries, zones and territorial organization of the protected territories and their support zones (buffer zones), as well as integrated programs and budgets of the protection, scientific research, monitoring, education, recreation, tourism, administration and other activities related to such territories and zones, shall be developed by the Central Department of Protected Territories, State Reserves and Hunting Areas upon the establishment of protected territories and, in exceptional cases (where there is neither an urgent need of establishing a protected territory, nor available budget resources, and where there is a need of accumulating funds of donors or other non-budgetary agencies) within three years after their establishment.

In the view of peculiarities of each protected territory, the Management Plan shall set out specific steps aimed at generating adequate local financial resources, required for the functioning of protected territories. The Management Plan shall be developed for different period of time; after the expiration of such a period a renewed Management Plan shall be developed.

The Management Plan, within one month after its submission, shall be subject to Presidential approval (the same rule applies to a renewed Management Plan). To the Management Plan there shall be attached private regulations of the protected territory and appropriate resolution.

Where there is such a need, around the territories of state reserves, national parks, natural monuments, the prohibited and protected landscapes support (buffer) zones shall be established. Around the biosphere reserves such support (buffer) zones shall be mandatory.

The support zone shall be established with the application of the category of the territory of multi-purpose use and for the purpose of conducting such activities, which may facilitate the environmental protection and perpetual development, as well as the generation of local financial resources. Zone management and coordination developments and permitted activities shall be specified in a special program, which, along with the Management Plan, shall be approved by the President of Georgia.

All protected territories, natural resources contained therein, their geographic location, boundaries, statuses, procedures, and so on shall be accounted for in a Register of Protected Territories.

The format and maintenance procedures of the Register of Protected Territories shall be established by the Protected Territory Service.

The pursuance of the State policy of establishing, functioning and managing the System of Protected Territories, coordination and monitoring of activities related to such a policy shall be the responsibility of the Ministry of Environment and Natural Resources. The management of the protected territory shall be the responsibility of the Central Department of Protected Territories, State Reserves and Hunting Areas.

The Ministry of Environment and Natural Resources, within the limits of its competence, shall have the power:

-to monitor, on behalf of the State, whether the statutory procedures of protected territories are observed and requirements of the national law and international agreements in respect of the environmental protection and the exploitation of natural resources are met;

-to set out strategic measures of the development of the System of Protected Territories and organize discussions thereon;

-to develop, coordinate and approve normative/technical and methodological documentation in respect of the protected territories;

-to issue licenses for the use of natural resources in those sections of protected territories, in which economic activities are permitted;

-to coordinate environmental monitoring and research activities;

-to plan and coordinate all activities related to the multiplication of endemic, rare and disappearing species of flora and fauna;

-to coordinate international efforts in the protected territories;

-to coordinate discussions on the management plans.

The Central Department of Protected Territories, State Reserves and Hunting Areas, within the limits of its competence, shall have the power:

-to manage state reserves, national parks, natural monuments, the prohibited, biosphere reserves, sites of the world heritage and ultra-humid territories of international importance;

-to manage, together with other governmental agencies and organizations, protected landscapes and, in exceptional cases, individual zones of the prohibited, biosphere reserves and sites of the world heritage;

-to monitor the territories of multi-purpose use;

-to take steps aimed at caring of, monitoring, preserving, restoring and protecting the protected territories;

-to develop management plans of the protected territories;

-to develop, coordinate and implement regulations, instructions and other normative or regulatory acts in respect of each protected territory;

-to organize the monitoring and scientific research, process, keep and distribute the information collected as a consequence of observation;

-to establish all relevant offices;

-to establish national and local consultative boards;

-to improve management mechanisms and provide for the development of staff skills;

-to prepare reports on the status of protected territories on a regular basis;

-to administer the State Fund of Protected Territories and cooperate with international and local non-governmental foundations;

-to make use of different funds, which are established on the basis of incomes raised from the protected territories, for the purposes of protected territories;

-to appropriate territories in accordance with law (where there is such a need, by acquisition of the title to such territories and estate located therein);

-to implement all construction and improvement works necessary for the proper functioning of protected territories (tracks, walls, roads, shelters, guides, etc.);

-to establish and maintain international contacts on the matters of protected territories and participate in appropriate programs;

-to facilitate the cooperation between governmental and non-governmental organizations implementing similar functions;

-to cooperate with the public.

Local departments of the Protected Territory Service shall include the directorates of the protected territories and consultative boards (committees), which, depending on the category and regulations of the respective protected territories, shall be entitled to take the following steps:

-to provide for the protection and restoration of protected territories and ecosystems, floras and faunas represented therein;

-to prevent the ruin, seizure or damage of animals and plants;

-to prevent the distribution of alien species of flora and fauna;

-to take care of and restore historical and cultural monuments and areas;

-to cooperate with local governments (where there is such a need, with the governments of several regions in parallel), governmental and non-governmental agencies, different interest groups of the population;

-to control within the territory (protected territory and buffer zone) the use of natural resources, interference of visitors and vehicles;

-to detain illegally intervened persons and their land, air or marine transport.

The funding of the Protected Territory Service is the responsibility of the State.

Along with the State Budgetary resources, the funding for the planning, caring, protection, restoration, monitoring, research and other programs related to the protected territories may be carried out by and out of:

international organizations, governmental and non-governmental organizations of other countries;

incomes raised from the permitted activities within the protected territories and a special target fund established on the basis of collected penalties;

budgets of NGOs and charities.

Permitted activities within the protected territories shall be determined according to categories of the protected territories, as well as international agreements and conventions.

Any activity related to the protected territory shall be organized through:

-regulation within the territory;

-regulation out of the territory;

-temporary regulation.

The procedure of regulating shall be set out in detail in the regulations and management plan of each protected territory.

Within the protected territory hereby is prohibited:

to ruin or modify natural ecosystems;

to destroy (exterminate), extract (seize), ruin, damage (injure) or scare any natural resource for the purpose of exploitation or for any other reason;

to damage natural ecosystems or species as a result of pollution;

to introduce and multiply alien and exotic species of living organisms;

to import into the territory explosive or poisonous materials;

any other activity prevented by the regulations or the management plan of the protected territory.

Within the protected territory subject to regulation shall be:

access of visitors to certain areas;

hunting, fishing, camping, fire setting, trading or retailing, constructing facilities, roads and other structures or modifying their historical appearance, using land, air or water transport over or under it;

visitors’ behavior over 24 hours, in compliance with the requirements of the regulations;

collecting, seizing or deporting animals or plants out of the territory;

freeing, isolating or killing abandoned domestic animals.

Within the protected territory subject to control shall be:

all sorts of permitted scientific activities;

all sorts of permitted educational activities;

all sorts of permitted economic activities;

tourist/recreational activities, by which there will be ensured:

-equal distribution of visitors to all protected territories;

-preliminary registration of protected territories selected according to the visitors’ interests;

-conformity of the time and duration of the visitor’s intervention with the goals of the protected territory;

-conformity of the limit of visitors established in a given protected territory with the actual number of visitors;

threat of natural calamity or catastrophe.

The protected territory shall be controlled on the basis of temporary regulation:

until the category has been determined and the first management plan has been approved;

during the liquidation of the consequences of natural calamities and catastrophes (emergency rules shall be established by appropriate regulations).

Out of the protected territory subject to control shall be:

status of ecosystems and natural resources within the buffer zone;

development programs related to the buffer zones and individual important economic and construction sites (for the purpose of assessing their adverse influence on the environment);

preventive measures against adverse activities (imposing penalties);

indemnification against losses resulted from the adverse effects.

In the course of the protected territory planning, project implementation and management the Protected Territory Service shall closely cooperate with governmental (forestry, agriculture, tourism, construction, law-enforcement and other agencies, local governments) and non-governmental organizations.

For the purpose of cooperating with inter-agency structures and local governments, the Protected Territory Service shall establish an Advisory/Scientific Board.

Directorates of individual protected territories shall cooperate with inter-agency structures and local governments through advisory boards in the following areas:

-management and control of protected landscapes and ­ in exceptional cases ­ certain zones of the prohibited, national parks, biosphere reserves and sites of the world heritage;

-regulation and control of the territories of multi-purpose use (buffer zones);

-carrying out joint measures in the situations of emergency.

The public and public associations shall have the right to take part:

in the process of establishing, development, reduction and abolishment of protected territories; developing and amending management plans, regulations and other documents;

in the process of caring and management of the protected territories;

in the advisory boards and central programs for the purpose of reporting on the local problems;

in the management of non-budgetary funds allocated for the local functioning of the protected territories, etc.

The rule of participation of the public and public associations shall be established by the Central Service of the Protected Territories, State Reserves and Hunting Areas.

In case of the failure to comply with this law, the party in question shall be subject to penalties prescribed by Administrative, Civil and Criminal Codes of Georgia.

Eduard Shevardnadze

President of Georgia

Tbilisi, Georgia

March 7, 1996

Human Interference ­ any action on the part of a human being or society which may have intentional or unintentional effect on the environment and which may result in the violation of ecological equilibrium and unrecoverable ruin of natural resources.

Prohibited ­ corresponds to the IV category of IUCN standards ­ Habitat/Species Management Area.

Biogeographic Units ­ regional units divided by landscape, flora and fauna.

Biome ­ a biogeographic unit.

Natural Monument ­ corresponds to the III category of IUCN standards ­ Natural Monument.

Distinctive Landscape ­ visual appearance of natural and historical-cultural landscape types of different regions.

Protected Landscape -- corresponds to the V category of IUCN standards ­ Protected Landscape.

Protected Territory ­ a land and/or water area designated for the preservation of biological diversity, natural resources and cultural phenomena contained therein, whose protection and management is carried out on a long-term and legal basis.

International Network of Protected Territories ­ a network of protected territories, such as biosphere reserves, sites of the world heritage, and ultra-humid territories of international importance, which are subject to international protection, observation, care and financial support.

System of Protected Territories ­ a system of different categories of protected territories, which functions and is managed as an integrated system of environmental protection and development.

National Park -- corresponds to the II category of IUCN standards ­ National Park.

Visitor ­ any person, other than administrative staff of the protected territory, who is in the protective territory on a lawful basis.

Distinctive Natural/Cultural Environment ­ a diverse, virgin and less modified natural environment and historical/cultural environment merged with it over the centuries, which is distinctive by ecological equilibrium, high aesthetic values and reasonable exploitability for economic purposes.

Historical/Cultural Landscape ­ a landscape, which materially mirrors a long historical process of human developments and is distinctive by high ethical/aesthetic and other cultural values.

Manipulations ­ any scientific/research or protective activity, such as collecting natural materials, setting up laboratories and experimental stations, introducing, reintroducing, trans-locating animal species, sanitary, restorative and reforestation activities.

Management Plan ­ a document which describes functional/planning organization of the territory, economic planning and implementation steps.

Territory of Multi-Purpose Use -- corresponds to the VI category of IUCN standards ­ Managed Resource Protected Area.

State Reserve -- corresponds to the I category of IUCN standards ­ Strict Nature Reserve / Wilderness Area.

Territorial Planning ­ territorial planning of a state/country by different territorial classes and in different details: general schemes of the whole territory, regional schemes and projects, general and management plans of special territories and zones, general plans of settlements and groups of settlements, etc.

Harmonious Landscape ­ a landscape in which natural and artificial components and elements are functionally balanced and which represents a perfect aesthetic symbiosis of these two components.