BBRSO50799 : Protected Areas Legislation Alignment Consultancy

The twin island Federation of St. Kitts and Nevis consists of two islands located in the northern part of the Lesser Antilles chain of islands in the Eastern Caribbean. The Federation of St. Kitts and Nevis has a land area of 269 sq. km.; St. Kitts is 176 sq. km. in area and Nevis is 93 sq. km. in area. The physical landscape of St. Kitts is characterised by three volcanic centres: the central northwest range, dominated

by the country’s highest peak Mt. Liamuiga (1,156 meters elevation), The total population of St. Kitts and Nevis is approximately 53,000, of which 11,000 persons reside on Nevis. Most of the terrestrial landscape of St. Kitts and Nevis has been significantly transformed by human activity, particularly in lowland areas where intensive land use has removed or transformed the natural vegetation communities. On St. Kitts, agricultural lands account for 28% of land below 1,000 ft. (though some of this area is former sugarcane land that has reverted to scrub or secondary forest), while infrastructure (residential, commercial, industrial, tourism and institutional) accounts for another 10%, with housing concentrated along the coastlines, and to a lesser extent, in small villages clustered along the island’s main roads. Mid-level elevations are characterized by mixed uses, including grazing, farming of food and tree crops and abandoned sugarcane farms. Above 1,000 feet, the rugged uplands are predominantly covered by forest, though large swathes are secondary forests with many non-native plant species. On Nevis, the areas above 1,000 feet on Nevis Peak are predominantly secondary forest.

The existing system of Protected Areas in St. Kitts and Nevis is limited to three (3) terrestrial protected area units on the island of St. Kitts. Of these three sites, only the Central Forest Reserve National Park (CFRNP), which occupies all lands above 1,000 feet in elevation on St. Kitts, is managed as an area focused on ecological conservation (i.e. biodiversity conservation; protection of water catchment and other ecosystem services; ecotourism and recreation activities). There are no legally established terrestrial protected areas on the island of Nevis. On the marine side, the government recently (2016) legally established the St. Kitts and Nevis Marine Management Area (SKNMMA), which will extend for 2 miles out from the shoreline of both islands; with zoning that identifies 3 “conservation zones” (as well as other categories). These conservation zones are the same sites as described in the Project Document for MPA designation, and with the appropriate description amended in the FAMRA legislation (2016), these MMA conservation zones will serve the function of MPAs with the focus on species and ecological conservation.

The Global Environment Facility (GEF) investment, through the Conserving Biodiversity and reducing habitat degradation in Protected Areas and their areas of influence Project (Project) aims to improve ecosystem representation in the protected area system; establish/strengthen protected area management operations at key sites; and strengthen institutional, policy, legal/regulatory, information, and financing frameworks at the protected area system level. The Project will expand the protected areas system from two terrestrial sites totaling 5,260 hectares to four terrestrial sites totaling 8,810 hectares and three marine sites totaling 11,693 hectares, The project will further enable support for improved ecosystem representation in the protected areas system through the establishment of these new conservation / protected areas, strengthening of institutional, policy and legal/regulatory framework, development of sustainable finance mechanisms and the establishment and strengthening of protected areas management operations at key sites.

At the systemic level, the GEF investment, through the Project, will assist the Government of St. Kitts and Nevis in establishing, staffing and equipping an institutional body to manage this a system of protected areas, the first such institution dedicated to protected areas in the country’s history, which will oversee and manage the overall Protected Areas system as well as the specific Protected Areas sites. The project also will assist in the revising and updating of key laws, regulations and national plans to support Protected Areas management; the establishment of inter-institutional and multi-stakeholder

coordination and information sharing mechanisms; and the creation and operationalization of sustainable financing mechanisms and business planning strategies that will ensure sufficient long-term funding support for management of the Protected Areas system.

However, for effective support for achieving these objectives, the GEF investment is also focused on developing and effective coherent governance, institutional and financial frameworks to support a newly developed system of protected areas and its management at the site, species, ecosystem and national levels. For effective long-term implementation of PA and biodiversity conservation action, it is essential that a robust, coherent and effective policy, legal and regulatory framework be in place.

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

1. Proposal explaining why they are the most suitable for the work

2. Personal CV including past experience in similar projects and at least 3 references

3. Financial proposal

FINANCIAL PROPOSAL

Lump sum contracts

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR.  In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).

TRAVEL

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel.  In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the Inidividual Consultant wish to travel on a higher class he/she should do so using their own resources.

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

EVALUATION

Individual consultants will be evaluated based on the following methodologies:

• Cumulative analysis

  When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

• responsive/compliant/acceptable, and

• Having received the highest score out of a pre-determined set of weighted technical and financial criteria** specific to the solicitation

  * Technical Criteria weight; [70%]; * Financial Criteria weight; [30%]

• Only candidates obtaining a minimum of 49 points would be considered for the Financial Evaluation –

  Criteria	Weight	Max. Point
  Technical	70	70
  Academic qualifications	15	15
  Relevant professional experience in environmental management, natural resources management or sustainable development	40	40
  Relevant professional experience in the region	15	15
  Financial	30	30

SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK        

Objectives

The objective of this consultancy is to undertake a review of existing and proposed policies, legislation and frameworks relevant to Protected Area management in St Kitts and Nevis, to identify gaps, overlaps and inconsistencies and to ensure alignment of all components of the policy, legal and regulatory framework guiding protected area management (at the national and site levels) and biodiversity conservation at the national, site, ecosystem and species level.  This will be carried out through extensive key stakeholder consultants and document review that will include both existing approved and draft legislation, policies and regulations, as well as National reporting documents to SKN’s ratified (and relevant) conventions to further ensure this legal framework addresses SKN’s international commitments. New legislative instruments in need of development to address gaps will be identified. The Legal Consultant will also provide recommendations for appropriate incorporation of recent Project outputs into the appropriate legislative/ governance instruments, such as the “to be agreed to” institutional framework for PA Management.

This review and its recommendations is intended to ensure that:

1. the institutional structure for the management of a system of protected areas (marine and terrestrial), is appropriately addressed throughout the various documents / governance framework);

2. protected area regulations, legislation and policy incorporates institutional management functions (i.e. National Environment Committee, conservation fund mechanism for self-sustaining financing mechanisms), as appropriate;

3. the Marine Management Area Conservation Zones’ description and function (amongst other functions, to protect biodiversity and key marine ecosystems of global significance) is adequately incorporated into related relevant legislation;

4. IUCN management categories for protected areas are integrated into PA and other legislation;

5. PA legislation (draft) is finalized as separate legislation or is incorporated into overarching National Environmental Conservation Environmental Management Bill (2009, 2017), and others, as determined in the review and stakeholder consultations.

   Specific detailed recommendations for updating and/or finalizing policy document, legislation and regulations related to protected areas, the environment and conservation of biodiversity will also be made. While this consultancy will not entail redrafting of the legislative instruments themselves, it will provide a report detailing recommended changes, omissions and additions to the relevant pieces of the legislation. It will also provide information to facilitate government’s legal draftsperson’s future (beyond the scope of this consultancy) modification to the necessary components to ensure alignment and cohesion for a robust policy, legal and regulatory framework.

   Scope of Work

   Under the guidance of the Project Coordinating Unit, the Legal Consultant is expected to undertake a national review of the policy, legal and regulatory framework for protected area (terrestrial PA and Marine Management Area Conservation Zones) in St Kitts in Nevis to identify gaps, overlaps and inconsistencies and to provide recommendations to align and strengthen this framework for effective long-term PA and biodiversity conservation and management

6. Inception report;

• Prepare inception report, including detailed implementation plan and time-frame;
• Review the existing mechanism of the policy, legislative and regulatory framework for protected areas, biodiversity and marine conservation in both St Kitts and Nevis.

         Task 2. Document Review.

• Review regional and international obligations and other legal or pertinent information that may have direct or indirect effects on St Kitts and Nevis Protected Areas, Marine Conservation and Biodiversity;
• Review relevant legislation, policies, and strategies governing the management of Protected Areas, Marine Management Area Conservation Zones, forests, biodiversity, environmental and natural resource management. In particular, though not limited to the following, the Legal Consultant should review the: 1) Fisheries, Aquaculture and Marine Resources Act (2016) – enacted; 2) Nevis Physical Development Ordinance – enacted; 3)National Conservation and Environment Management Bill – in draft (2009, 2017 revised); 4) PA Act – draft (2017); 5) PA Policy – draft; 6) PA regulations – draft (2017); 7) Nevis Physical Development Plan (draft), 8) National Conservation and Environment Protection Act 1989 (2009 revised)and others as appropriate, to identify inconsistencies, overlaps, gaps and to ensure complementarity between all relevant legislative instruments.
• Prepare report detailing outputs of the Document Review, including inconsistencies, overlaps, gaps between all relevant legislative instruments reviewed, and to ensure complementarity.

           Task 3. Stakeholder Consultations

• Carry out consultations with key government departments and personnel, and Non-Government Organizations to identify perceived shortfalls in legislation as well as issues, gaps and inconsistencies in the existing and draft policy, legislation and regulations. Key stakeholders should include, but are not limited to, the Department of the Environment, Department of Marine Resources and the Department of Legal Affairs and St. Christopher National Trust on St Kitts, as well as the Legal Department, the Department of Physical Planning and Environment, Department of Agriculture and the Department of Fisheries, Nevis Historical and Conservation Society on Nevis.
• Ensure outputs of Document Review (Task 2) are incorporated into consultations with relevant stakeholders to identify and validate additions, changes and/or deletions to be proposed in recommendations (Task 4).
• Prepare report on the outcome of consultation sessions with stakeholders during the consultancy period.

        Task 4. Final Report (Recommendations)

• Prepare outline of recommended changes, adjustments, additions, and deletions for consultation and validation by key stakeholders and decision makers. Incorporate outputs of Task 3 (Stakeholder Consultations) into recommendations for validation.
• Carry out the consultations and validation, and detail outputs of validation consultations in Appendix to Final Report (Recommendations).
• In close collaboration with Department of Legal Affairs (St Kitts) and Legal Department (Nevis), and based on consultations and incorporating stakeholder feedback, prepare detailed recommended legal changes, adjustments, additions, deletions for review by the relevant Ministry for consideration by government for future inclusion into existing laws and regulations, amendments or new legal instruments. Include recommendations for amendments or new law to be drafted.
• Propose recommendations for a comprehensive and aligned PA and biodiversity conservation policy, legal and regulatory framework. As possible, build on to existing and drafted laws, policies and regulations and, as necessary, make recommendations for additional legal frameworks, with details of specifics needed for future incorporation (post-consultancy legal changes).

• No.	Deliverable	Due Date (after contract signature)	% Payment
  1	Inception report	No later than 2 weeks after signing of contract
  2	Report on review of relevant policy, legislation and regulations, including gaps, overlaps and inconsistencies identified.	No later than 6 weeks after signing of contract
  3	Report on the outcome of Consultation Sessions with stakeholders during the consultancy period.	No later than 8 weeks after signing of contract
  4	Draft Report with recommendations, including legal adjustments, additions, changes recommended for addresses the outputs of Deliverable 3 (This will be a composite report that includes Final Deliverables 2 and 3)	No later than 12 weeks after signing of contract
  5	Final Report with recommendations	No later than 16 weeks after signing of contract

REQUIREMENTS FOR EXPERIENCE AND COMPETENCIES

I. Years of experience:

• At least 5 years of professional experience in drafting legislation, legal analysis and assessment in the areas of environmental management, natural resources management or sustainable development an asset;
• At least 5 years of experience in drafting and/or working within the national legislative system (related to Protected Areas or Natural Resource Management preferred) in the Caribbean;

II. Competencies:

• Ability to handle a large volume of work in an effective and timely manner.
• Demonstrated ability to work with diverse stakeholders in a collaborative way.

QUALIFICATIONS

* Must possess a minimum of a bachelor’s degree in Law with a specialization in environmental law; a higher university degree in law would be an asset