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Legal framework for the Baekdu Daegan Mountain System, South Korea

Legal framework for the Baekdu Daegan Mountain System, South Korea. Hag Young Heo, Research Fellow IUCN Asia Regional Office / Korea National Park Service Patti Moore, IUCN/CEL # 99 Conservation Campus: Law, Good Governance  and Climate Change Adaptation   Friday, 7 September 2012.

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Legal framework for the Baekdu Daegan Mountain System, South Korea

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  1. Legal framework for the Baekdu Daegan Mountain System, South Korea Hag Young Heo, Research Fellow IUCN Asia Regional Office / Korea National Park Service Patti Moore, IUCN/CEL # 99 Conservation Campus: Law, Good Governance  and Climate Change Adaptation   Friday, 7 September 2012

  2. Baekdu Daegan ‘White-headed great ridge and endless array of mountains without crossing valleys or streams’ Entire length of the Korean peninsula: • Southern end is Mt Jiri in South Korea • Northern end is Mt Baekdu in North Korea Heavily forested mountain ranges The sources of all Korea's major rivers are along the BaekduDaegan Great cultural and spiritual significance

  3. Baekdu Daegan Mountain System Baekdu Daegan Mountain System/BDMS Biodiversity corridor along the South Korean part of the mountain range Created by Act on the Protection of Baekdu Daegan Mountain System 2003 The Act came into force in 2005 BDMS was officially designated on 9 September 2005 BDMS Protection Master Plan 2006-2015

  4. Baekdu Daegan Mountain System 684km long Total area = 263,427 ha 183 protected areas = 86% of total BDMS area Core zone 65% Buffer zone 35%

  5. Baekdu Daegan Mountain System 11 types of PAs, governed by 6 different laws PAs existed prior to the creation of the BDMS, and were included in the BDMS corridor when it was designated in 2005 In case of conflict between BDMS Act and any law governing any type of protected area, the BDMS Act prevails

  6. Baekdu Daegan Mountain System Overall responsibility for BDMS: Korean Forest Service (KFS) • Designate land to be included in the BDMS corridor • Establish the 10-year Protection Master Plan 2006-2015 • Repeal or alter a protected area within the BDMS • Establish annual Implementation Plan • Approve development activities in the BDMS

  7. Baekdu Daegan Mountain System Ministry of Environment (MoE) • Establish principles and standards for designating land to be included in BDMS MoE responsibilities not explicitly in the BDMS Act, but that have developed in practice: • Through Korean National Park Service (KNPS), develop management plans for and manage individual national parks within the BDMS. • Through MoE regional offices, manage ecological and scenery conservation areas and wildlife conservation areas.  

  8. Baekdu Daegan Mountain System KFS • Responsible for 75 protected forests, in 4 different categories, + 69 land-use change restricted areas • Governed by 2 different laws MoE/KNPS • Responsible for 18 protected areas, in 6 different categories • Governed by 3 different laws Ministry of Tourism, Culture & Sport/Cultural Heritage Administration (CHA) • Responsible for 21 cultural heritage protection areas • Governed by 1 law

  9. Baekdu Daegan Mountain System Public participation High degree of participation in design and implementation BDMS Act requires consultation in developing Framework Plans 240 consultations during 2004-2005 when BDMS corridor was being designated Ad hoc consultation committees have been created frequently since 2005 by local and other officials Community-based management and enforcement system for entire BDMS

  10. Baekdu Daegan Mountain System Land acquisition Since BDMS was created, during 2005-2008 – 8,378 ha acquired for BDMS Same procedure as acquiring adjacent land for a PA Price determined by national property purchase process All information on acquisitions must be made publicly available

  11. Baekdu Daegan Mountain System Change KFS Minister can change any PA within BDMS • Has not been tested yet • Consultation and negotiation would be expected • Specific criteria for repealing a PA within BDMS being developed KFS Minister, in consultation with MoE, must approve any development within BDMS • BDMS is special development protection zone • Only specified types of development allowed in core zone and in buffer zones • Penalties range up to 7 years in prison for violations • No violations to date

  12. Baekdu Daegan Mountain System Funding Funding for BDMS provided by central government with some local government contributions Investment in BDMS by KFS, MoE/KNPS and CHA has grown significantly since 2005 Funding for individual PAs within BDMS provided according to the law governing each PA Incentives for income-generating projects in communities within BDMS prepared by local mayors and KFS

  13. Baekdu Daegan Mountain System Budget Status • (Unit: Thousand USD)

  14. Baekdu Daegan Mountain System The Future Create a legal requirement to compensate any land lost from BDMS by including a similar area and ecosystem/landscape in another part of the corridor Expand BDMS to 300,000ha by 2017 Develop mechanisms to encourage increased cooperation among local, provincial and central governments

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