SUB-DECREE on Establishment Of “Prey Lang” Forestry Protected And Biodiversity Conservation Area

June 6, 2012 | Posted in: Press

DRAFT                 UNOFFICIAL TRANSLATION

 

KINGDOM OF CAMBODIA

NATION, RELIGION, KING

 

Royal Government of Cambodia

No. …..

 

 

SUB-DECREE

on

ESTABLISHMENT OF “PREY LANG” FORESTRY PROTECTED AND BIODIVERSITY CONSERVATION AREA

 

 

THE ROYAL GOVERNMENT OF CAMBODIA

 

–          Having seen the Constitution of the Kingdom of Cambodia

–          Having seen Royal Decree No. NS/RKT/0908/1055 dated 25 September 2008 on the Appointment of the Royal Government of Cambodia;

–          Having seen the Royal Decree No. 02/NS/94 dated 20 July 1994 promulgating it on the Organization and Functioning of the Council of Ministers;

–          Having seen the Royal Decree No. NS/RKM/0196/13 dated 24 January 1996 promulgating the Law on the Establishment of the Ministry of Agriculture, Forestry, and Fisheries;

–          Having seen the Royal Decree No. NS/RKM/1296/36 dated 24 December 1996 promulgating the Law on Environmental Protection and Management of Natural Resources;

–          Having seen the Royal Decree No. NS/RKT/1199/07 dated 11 January 1999on Determination and Management of Forest in Sloping Areas throughout the Kingdom of Cambodia;

–          Having seen the Royal Decree No. NS/RKM/0701/09 dated 13 July 2001 promulgating the Law on Management and Exploitation of Mineral Resources;

–          Having seen the Royal Decree No. NS/RKM/0801/14 dated 30 August 2001 promulgating the Land Law;

–          Having seen the Royal Decree No. NS/RKM/0802/016 dated 31 August 2002 promulgating the Law on Forestry

–          Having seen the Royal Decree No. NS/RKM/0208/007 dated 15 February 2008 promulgating the Law on Natural Protected Areas;

–          Having seen the Royal Decree No. NS/RKM/0609/007 dated 10 June 2009 promulgating the Law on Tourism;

–          Having seen the Sub-Decree No. 17 dated 07 April 2000 on the Organization and Conduct of the Ministry of Agriculture, Forestry, and Fisheries

–          Having seen the Sub-Decree No. 64 dated 11 September 2003 on the Change in the Name of the Department of Forestry to the Forestry Administration;

–          Having seen the Sub-Decree No. 188 dated 14 November 2008 on the Amendment of the Directorate General of the Ministry to the Secretariat General, the Promotion of the Forestry Administration, the Fisheries Administration to a Rank Equal to a Directorate General, the Promotion of the Department of Agronomy and Agricultural Land Improvement to the Directorate General of Agriculture, and the Amendment of the Directorate General of Rubber Plantation to the Directorate General of Rubber under Ministry of Agriculture Forestry and Fisheries;

–          Having obtained approval from the Council of Ministers in the plenary session held on ……………….. 2011.

 

 

IT IS HEREBY DECIDED

 

CHAPTER I

GENERAL PROVISIONS

 

ARTICLE 1:

This Sub-decree has the objectives to establish “Prey Lang” forestry protected areas for biodiversity conservation located in the provinces of Kratie, Kampong Thom, Preah Vihear, and Stung Treng.

ARTICLE 2:

This Sub-decree has the following objectives:

–        To protect jungles in the central plain, which has a high biodiversity potential.

–        To protect and conserve plants, forest, and all kind of globally endangered wildlife and species.

–        To preserve natural environment system stability and to restore damaged ecology to provide peaceful habitats and reproduction of all kinds of biodiversity.

–        To contribute to protection and conservation by implementing the Royal Government’s Millennium Development Goals in managing and preserving forest coverage.

–        To contribute to preservation of tradition and religious beliefs of local communities living in protected areas.

–        To preserve the use of natural resources by local communities to improve the livelihoods of the people in the areas and to contribute to implementation of the Royal Government’s poverty reduction programs.

–        To contribute to sustainable, socio-economic development through taking part in management, use of forestry resources by local communities, development of natural tourism, ecotourism, and other activities with least impacts on forestry biodiversity resources and wildlife.

–        To protect the carbon stock quantity found in all kinds plants in order to reduce emission of carbonic gas into the atmosphere.

–        To take part in reducing climate change through protection of forest

–        To prevent soil erosion, erosion of soil fertility, flooding; to maintain water source regulation and water quality

–        To develop the economy through protection of biodiversity and forestry central system

–        To support various activities, including scientific and technical research to develop and conserve watersheds and biodiversity, awareness raising, training, local community development, monitoring of environmental changes related to sustainable development and, local, national, and regional conservation.

 

CHAPTER 2

DETERMINATION OF AREAS

 

ARTICLE 3:

The “Prey Lang” forestry protected and biodiversity conservation area has a total area of 615,306 hectares situated in the provinces of Kratie, Kampong Thom, Preah Vihear, and Stung Treng with close boundary lines determined by main points with the following coordinates:

A    (594781, 1525278)               B    (593688, 1473735)               C    (596632, 1468978)

D    (596587, 1460177)               E     (596280, 1460004)               F     (596127, 1420797)

G    (592019, 1422824)               H    (584129, 1422824)               I      (591575, 1408902)

J      (585759, 1394054)               K    (579186, 1396459)               L     (563470, 1390452)

M    (561025, 1390483)               N    (561097, 1401018)               O    (560491, 1400923)

P     (558800, 1400929)               Q    (559566, 1415597)               R    (563406, 1425661)

S     (565285, 1425198)               T     (567931, 1424488)               U    (570373, 1425003)

V    (570561, 1425784)               W   (549901, 1448329)               X    (545174, 1452838)

Y    (538836, 1455646)               Z     (538610, 1455811)               A1  (537766, 1463436)

B1  (540031, 1463436)               C1  (540031, 1473005)               D1  (535905, 1473005)

E1   (539979, 1477433)               F1   (539995, 1485638)               G1  (546023, 1484983)

H1  (561715, 1502025)               I1    (562380, 1525277) as shown in the map with a scale of 1:700,000 attached as an Appendix to this Sub-Decree.

 

ARTICLE 4:

The “Prey Lang” forestry protected and biodiversity conservation area in the provinces of Kratie, Kampong Thom, Preah Vihear, and Stung Treng as stipulated under Article 3 of this Sub-Decree may be amended as necessary based on basic technical and concrete information from scientific research.

Such amendment shall be determined by a Sub-Decree.

 

CHAPTER 3

MANAGEMENT

 

ARTICLE 5:

The “Prey Lang” forestry protected and biodiversity conservation areais an area to be conserved for strenuous protection of natural environment system, such as maintaining regulation of water sources, conserving biodiversity, land, water, soil fertility, watersheds, animal habitats, natural, cultural assets, and preventing erosion.

Local communities living within or close to the “Prey Lang” forestry protected and biodiversity conservation area shall be protected and recognized for their rights to traditional usufruct and development of community ecotourism according to relevant existing laws and regulations.

 

ARTICLE 6:

The following activities within the “Prey Lang” forestry protected and biodiversity conservation area shall be prohibited:

–        Occupation, clearance, burning, leveling, and surrounding to occupy forested land for ownership

–        Installation of houses, buildings, and other bases without authorization from the Royal Government

–        Construction or building of roads without study and authorization from the Royal Government

–        Processing of forestry products, non-timber forestry products, or establishing and operating industrial / handicraft bases and all kinds of kilns

–        Digging for prospecting minerals, taking rock to burn for lime or coal, or salty soil

–        Clearance and turning natural forested land into a land for development of various agricultural crops plants

–        Collection of forestry products and non-timber forestry products and hunting activities that affect forest and all kinds of wildlife

ARTICLE 7:

The Ministry of Agriculture, Forestry, and Fisheries shall be authorized to develop and manage the “Prey Lang” forestry protected and biodiversity conservation areain  the provinces of Kratie, Kampong Thom, Preah Vihear, and Stung Treng in collaboration with relevant ministries / institutions and local authorities to ensure conservation and sustainable development of natural resources for the livelihoods of the citizens in this “Prey Lang” forestry protected and biodiversity conservation area

Development and management of the “Prey Lang” forestry protected and biodiversity conservation area shall be determined by a Prakas of the Minister of Agriculture, Forestry, and Fisheries.

 

CHAPTER 4

FINAL PROVISIONS

 

ARTICLE 8:

Any regulations that contradict of this Sub-Decree shall be nullified.

ARTICLE 9:

The Minister in charge of the Office of the Council of Ministers, the Minister of Economy and Finance, the Minister of Agriculture, Forestry, and Fisheries, the Minister of Environment, the Minister of Land Management, Urbanization, and Construction, the Minister of Tourism, ministers, secretaries of state, of all relevant ministries / institutions, chairs of the governance councils, governors of Kratie, Kampong Thom, Preah Vihear, and Stung Treng shall be responsible to implement this Sub-Decree according to their respective tasks thereafter its signature.

 

Phnom Penh,                                   2011

PRIME MINISTER

SAMDECH AKKA MOHA SENA PADEI TECHO HUN SEN

CC:

–        Ministry of Royal Palace

–        Secretariat General of the Constitutional Council

–        Secretariat General of the Senate

–        Secretariat General of the National Assembly

–        Secretariat General of the Royal Government

–        Cabinet of Samdech Prime Minister

–        Cabinets of Excellencies, Lok Chumteav Deputy Prime Ministers

–        As stipulated in Article 9

–        Royal Gazette

–        Archive