For the first time, individuals can legally own nature reserves in Rwanda, following the enactment of a law which provides for that, and a new ministerial order that enables its implementation. The Ministerial Order relating to a nature reserve of a person – which can also be called a private nature reserve – was gazetted on October 25. It defines a private nature reserve as a piece of land owned by a person set aside for the purpose of preserving certain animal or plant species to ensure the protection of the environment and sustainable production. It comes to enable the implementation of the law of January 13, 2023, governing national parks and nature reserves – which provides, among others, that a person may own a nature reserve subject to a licence provided by the authority. The authority referred to in the current law and the new ministerial order is a public institution or specialised organ in charge of management and development of national parks and natural reserves – which is currently the Rwanda Development Board (RDB). Below are eight things to know about the ministerial order: Reasons for owning a nature reserve As per the ministerial order, a person may own a nature reserve for nine reasons, including to safeguard endangered species, critically endangered species, or protected species within their natural habitats as provided by relevant laws. Someone can also own one to support educational and research initiatives focused on the long-term study of the environment, including the conservation of species and natural features for which the nature reserve was established; and to showcase ecosystems altered or disturbed by human activity and offer opportunities to study their natural recovery processes. Others are to preserve and conserve functioning ecosystems; to carry out carbon sequestration [absorption of carbon emissions]; to generate revenue from ecosystem services that contributes towards management costs of their conservation; to increase the surface area managed for biodiversity conservation and compatibility of sustainable local livelihoods; to create nature reserves of persons that complement State-owned nature reserves; and to extend the system of protected areas to enhance the conservation of migratory species. ALSO READ: Rwanda’s crane population doubles in five years Requirements for owning a nature reserve According to the ministerial order, an applicant who wishes to own a nature reserve fulfils 10 requirements. They include an application letter addressed to the [competent] authority, a filled application form, a detailed environmental and social impact assessment report, a detailed conservation and management plan of a nature reserve, a business plan, and a title of land designated for a nature reserve. The applicant must also have sufficient capital to manage the proposed nature reserve for at least five years, show proof of knowledge and skills necessary to preserve nature reserve, and not to have been convicted of a crime involving species trafficking or an offence classified as a felony under Rwandan or foreign criminal law, or as an international crime. The applicant must also show proof of payment of a nonrefundable application fee determined by the authority. Announcement of intent to issue a licence The order provides that seven days before granting a provisional licence for owning a nature reserve, the authority announces its intention to issue a licence for owning a nature reserve in at least two media with large audience in Rwanda; and provides a copy of the announcement by mail to the last known address of each landowner affected by the proposed nature reserve designation. It also notifies any other person whose rights on the land may be impacted. The announcement provided for in the order invites the public, along with the concerned persons, if any, to submit to the authority written comments or objections regarding the proposed establishment of a private nature reserve within 60 days from the date of receipt of the copy of the announcement. It also must provide sufficient details to allow the public to submit informed comments or objections and identify the affected area. Again, the authority may allow an interested person to present oral comments or objections. If the proposed nature reserve has negative impacts on the rights or interests of a local community, these comments or objections are allowed. The authority must give due consideration to submitted or presented comments and objections before deciding whether to grant or not to grant a licence. Validity for a licence and fees paid for it The authority grants to an applicant a licence for owning a nature reserve upon payment of fees specified by the authority. A licence for owning a nature reserve is valid for five years renewable. Reasons for revocation of a licence As per the order, the authority can revoke the licence from an owner of a nature reserve if it has been suspended three times within ten consecutive years. The Authority notifies the owner of a nature reserve in writing explaining the reasons for revocation of a licence before taking a decision to revoke it. It informs relevant stakeholders and the public of the decision of revoking the licence from the owner of a nature reserve and its reasons. The owner must comply with directives related to the cessation of activities of a nature reserve and to the restoration of its land to the previous state, if the authority revokes the licence from him or her. After revocation, the authority continues to monitor the nature reserve to ensure that the person whose licence was revoked complies with directives and that the ecology of surroundings is restored or maintained. In case the person whose licence was revoked fails to undertake the cessation of activities and restoration of the land to its previous state, the authority does it on his/her behalf, and seeks reimbursement from him or her for costs incurred. The costs comply with the provisions of the agreement signed between the authority and the person whose licence was revoked at the time it was issued. The Authority has the right to revoke the licence without notice if the nature reserve is being used to facilitate criminal activities and the owner knowingly failed to report these activities promptly; or in the event of misrepresentation of land owner, whether deliberate or due to lack of due diligence in the context of potential land disputes. Appeal against revocation of a licence If a person whose licence was revoked is not satisfied with the decision, he or she may appeal to the ministry [in charge of national parks and nature reserves] within 30 days of receipt of the revocation notice. The ministry notifies the person whose licence was revoked of its decision on the appeal within 60 days from the date of receipt of the appeal. The Ministry’s decision is final (cannot be appealed). ALSO READ: PHOTOS: EAC lawmakers wowed by Nyandungu Ecotourism Park Inspection and reporting For compliance purposes, the authority may inspect, at any time, the land, operations, activities and accounts of a nature reserve of a person. It has to provide an owner of a nature reserve or his or her representative with a written notice at least seven working days before inspection activities, the order specifies. It may request reports on conservation activities from the owner of a nature reserve at any time it considers necessary. If the authority receives reports of suspected damaging or criminal activities within the nature reserve, it may conduct an impromptu inspection of the affected area. In this case, the authority may also request additional conservation activity reports from the owner of a nature reserve at any time it considers necessary. Grounds for involuntary declassification The authority may declassify a nature reserve of a person without the consent of the owner, in case of a significant environmental degradation; there is a public interest that requires its declassification; there is a revocation of a licence for its ownership; the owner of a nature reserve abandons it or neglects the activities of environmental conservation and the abandonment or neglect causes environmental harm or creates a public nuisance; or the authority does not renew the licence for owning it. If the Authority declassifies a nature reserve of a person, it notifies its owner in writing.
