Notice to All Government Agencies:
Compliance with Section 41 of the National Conservation Law, 2013
The National Conservation Law, 2013, requires all government entities to
- comply with the provisions of the National Conservation Law and ensure that their decisions, actions and undertakings are consistent with and do not jeopardise the protection and conservation of a protected area or any protected species or its critical habitat; and further
- in accordance with any guidance notes issued by the Council, consult with the Council and take into account any views of the Council before taking any action including the grant of any permit or licence and the making of any decision or the giving of any undertaking or approval that would or would be likely to have an adverse effect on the environment generally or on any natural resource.
Under the Law, “‘entity’ means any body of the government and includes the Cabinet, any ministry, portfolio, statutory authority, government company or any other body which exercises a public function”. It also includes all government departments, agencies, units, administrations, etc., as arms of their relevant Ministry.
In order to help government entities comply with the requirements of the Law, the National Conservation Council has guidance notes setting out the actions, permissions, decisions or undertakings on which government entities should consult with the Council.
Council consultation may be begun by emailing ConservationCouncil@gov.ky, or by memo or mail care of the Department of Environment. Questions regarding the Law in general or consulting with the Council in particular may be likewise directed. The Council welcomes pre-project/application consultation with individuals as well as entities considering any of the above.
The relevant provisions of the National Conservation Law will be coming in to force at dates to be appointed by Cabinet in 2015. The Council is encouraging Government entities to proactively begin to implement consultation with the Council on the relevant actions, permissions, decisions or undertakings as outlined in the guidance notes found in the Council Consultation Guidance Jan-2014 document above. By implementing consultation processes now entities will not be operating outside of the Law when it comes in to force later in 2015.
If upon review of the consultation guidance notes it appears your entity may be consulting regularly with the Council please contact the Council (by emailing ConservationCouncil@gov.ky, or by memo or mail care of the Department of Environment) in order to begin developing practical methods to make the consultation process as efficient as possible for your entity and customers.