Establishment of the semporna islands park
Targets:
Start date: ongoing
Completion: December 2001
Action 1. 1.
Publish Notice of Intention to Gazette the Semporna Islands Park
The draft Management Plan for the proposed Semporna Islands Park was completed early in 2001, and the processes involved in getting the Plan approved by the State Government are well under way.
An Advisory Committee (AC) meeting was held in May 2001 to discuss the Plan. Much of the discussion revolved around the need to ensure that people were not displaced or disturbed by the establishment of the Park, and that alternative livelihoods would be provided for anyone whose jobs might be affected by changes in permitted activities. It was agreed that introduction of regulations must be gradual and that proposed management measures are fully discussed and explained before they are introduced.
As a result of the meeting, Guidance Notes were produced which covered the main issues, concerns and action points. Relevant sections have subsequently been incorporated into this Action Plan.
Sabah Parks Board of Trustees met in April 2001 to discuss the draft Management Plan. The Trustees fully endorsed the plan and resolved that it should be officially submitted to the Ministry of Environment, Culture and Tourism. Sabah Parks Director and Deputy Director met with the Chief Minister on June 15th 2001 and briefed him on the Management Plan. The outcome of this meeting was also positive.
A Cabinet Paper proposing the establishment of the Semporna Islands Park is being prepared by Sabah Parks and will be presented to the government along with the Management Plan and other relevant publications and information about the site. If Cabinet approves the proposal it will then be passed to the Head of State for final approval. Once this is given, Sabah Parks will immediately publish a Notice of Intention to gazette the park.
Action 1. 2.
Establish a Task Force to resolve land claims and related legal issues
Establishment of the Semporna Islands Park is complicated by the fact that there are still some areas of land with Native Title claims pending. This will not prevent publication of the Notice of Intention to Gazette the Park (see box), but action needs to be taken to resolve the claims as soon as possible so that work can begin on establishing Management Agreements with land owners.
Similarly, the process of deciding who can remain in the park may take many years, and in the meantime, there is an urgent need to establish the park and introduce management strategies for resource use and other activities.
It was agreed by the Advisory Committee and also at the Consultative Workshop for Local Government Agencies (July 2000) that a Task Force would be established to finally resolve the land claims and related issues. The Task Force will be set up by Sabah Parks and will include experts from the District Office, Lands and Surveys and other relevant authorities, as well as representatives from the local community.
Terms of Reference for the Task Force will be established and procedures set in place to address ownership and citizenship issues. The SIP Community Development Officer based with Sabah Parks in Semporna gathered a considerable amount of information on land ownership and claims pending, and this will be a valuable resource for the Task Force.
| General principles relating to land and citizenship
issues a) Land currently under Native Title will remain as such. The rights of Native Title holders will be the same as those in the State as a whole, and land owners will have to comply with State and District-level regulations regarding building, land use, waste disposal and so on. However, it is recommended additional measures and guidelines are drawn up to reflect the special status of these islands as being within a State Park. b) Land currently in dispute cannot be vested in Sabah Parks until the claims have been resolved. This should be done as quickly as possible, but the existence of unsettled claims should not allow the process of gazetting the park to be slowed up. c) If a claim is ultimately rejected, the area in question can be added to the land vested in Sabah Parks. On the other hand, if the claim proves to be legitimate, the area will be designated as land under Native Title (see above). d) Native Title holders can be given the option to relinquish their Land Title in favour of Sabah Parks. This process would require compensation being provided and applications would have to be considered on a case-by-case basis. e) The Bajau Laut should be considered a special case because they are an indigenous people with a unique wandering lifestyle who have been using the area for hundreds of years. Their lack of official citizenship should not be seen as a reason for excluding them from the park. However, it is important to maintain a status quo. f) Including the non-Malaysian element of
the population into the Management Plan does not endorse or legitimise
their presence within the area, but is a way of dealing with the
existing situation. It is the only practical way of ensuring that
all activities are compatible with the conservation and other objectives
for the park. |
Action 1.3.
Convene meetings and workshop with Local Community to discuss the Management
Plan for the Park.
WWF
Malaysia, in conjunction with Sabah Parks, is organising a workshop for
the Semporna local community with the specific intention of discussing
the draft Management Plan for the Semporna Islands Park. This is scheduled
for mid-2001.
It is important that the Local Community Forum established under the project should continue to operate. It was set up and administrated by the SIP Community Development Officer based with Sabah Parks in Semporna, but his term of office is now over. In the interval prior to appointment of new staff (see Action 2.7), staff from the Semporna Office will endeavour to keep the LCF operational.
The Community Forum provides a mechanism for ensuring there is effective communication between Sabah Parks and people living within the protected area. It is important to consolidate relationships between the local community and Sabah Parks early on in the development of the Park. It is especially necessary because some of the land within the park will be under Native Title, rather than vested in Sabah Parks. Activities in these parts of the park will need to be regulated in order to maintain the integrity of the park. The regulations will probably best be established through Co-operative Management Agreements between the land owners and Sabah Parks.
Action 1.4.
Launch and run public information programme
An information programme will to be launched before or at the same time that the Notice of Intention to Gazette the Park is published.
The aim will be to make people aware of the intention to establish the Park, and of the existence and contents of the Management Plan. Contentious issues such as fishing regulations will be explained, and benefits of establishing the Park will be emphasised.
Full use will be made of all available materials produced under the Semporna Islands Project. Information leaflets are available for distribution and display in key places, and the videos produced under the project could be leased for viewing on National Television. [Fees paid for screening the videos will be used to establish a fund to support conservation and education initiatives in the park].
The project partners and others involved in the project will help to publicise the plan for establishing the Park by producing press releases and articles.
Action 1.5.
Hold public enquiry and consultation exercise to receive submissions relating
to the plan
Planning for the park has at all times been open and transparent, and has involved all interested parties. This approach will be continued and expanded into an official consultation period run at the same time as the information programme (1.4.). According to protocol, a public hearing has to be held within 3 months of the Notice of Intention to Gazette the Park.
The draft Management Plan has been published in Bahasa Malaysia and English and copies are available for scrutiny at Sabah Parks in Kota Kinabalu and Semporna. The Plan and other related information is also being made available on a dedicated website.
Comments on the draft Management Plan will be invited from all sectors and a date set by which comments can be received.
Action 1.6.
Record and analyse comments
All comments will be formally recorded by Sabah Parks, sorted under topics and made available as a report.
Sabah Parks in conjunction with WWF Malaysia and the Park Advisory Committee will analyse the comments and discuss modifications that should be made to the draft Management Plan.
Action 1.7.
Produce final Management Plan and gazette Park
Unless there are very radical alterations, the amendments can be produced as an addendum to the final draft Management Plan. The addendum (or amended version) of the Management Plan will be submitted to the State Government for approval.
The Semporna Islands Park will then be formally
gazetted.