Nunavut Land Use Plan Development Process. November 2007

Transcription

1 Nunavut Land Use Plan Development Process November

2 History: During the latter part of the 1970 s [in the Northwest Territories], it became increasingly clear that the existing piecemeal approach to land use, resource development and environmental protection was neither efficient nor adequate in the face of pressures generated by non-renewable resource developments such as the Mackenzie Valley Pipeline and Norlands Drilling in Lancaster Sound. In July 1981 the Minister of DIAND announced a Cabinet policy on Northern Land Use Planning. The policy announcement stimulated lengthy debate focusing on whether the implementation should be centralized in DIAND, or decentralized in a community based approach. On July 28, 1983, the Agreement on Land Use Planning in the NWT (1983 Basis of Agreement) was agreed to by the Dene Nation, the Métis Association of the Northwest Territories, the Tunngavik Federation of Nunavut and the federal and territorial government. The 1983 Basis of Agreement also contains several provisions intended to ensure that land use planning would be carried out with the full participation of northerners, specifically native northerners, and give priority to their interests i 2

3 The land use planning process in Nunavut is an open, collaborative process guided by the objective that land use plans will guide and direct resource use and development. The profession of land use planning requires the analysis of factors which in some cases are subjective (moral, or value based) and include the best available science and Inuit Qaujimajatugangit. The land use planning process requires that land use planners act as facilitators to assist experts, residents, land users and other interests to find a balance between competing opportunities for land use. What is the objective of the land use planning process in the Nunavut Settlement Area? Nunavut Land Claims Agreement (NLCA) The objective of the planning process shall be: (a) to develop planning policies, priorities and objectives regarding the conservation, development, management and use of land in the Nunavut Settlement Area; (b) consistent with Sub-section (a), to prepare land use plans which guide and direct resource use and development in the Nunavut Settlement Area; and (c) the implementation of land use plans. How is this objective achieved? The regional land use planning profession examines relationships between human societies and the natural environments that they occupy and modify. (Fellman, Getis, Getis, 1996) As such the professional standard of land use planning requires that all decision-making must provide consideration to the social, cultural, economic and environmental spheres of land use. As illustrated below, all aspects of human society are interrelated and each component of society is interdependent. As such many factors must be carefully considered when developing rules to guide and direct resource use and development. This professional standard is further supported by the Nunavut Land Claims Agreement Article 11, where (a) states that people are a functional part of a dynamic biophysical environment, and land use cannot be planned and managed without reference to the human community; accordingly, social, cultural and economic endeavours of the human community must be central to land use planning and implementation. 3

4 Inuit Culture Environmental Goals Social Values and Goals Economic Development Nunavut Land Claims Agreement establishes the Nunavut Planning Commission with major responsibilities to: (a) (b) (c) establish broad planning policies, objectives and goals for the Nunavut Settlement Area; develop, consistent with the other provisions in this Article, land use plan that guide and direct resource use and development in the Nunavut Settlement Area; generally, fulfill the objectives of the Agreement in a manner described and in accordance with the general principles mentioned in Section as well as such additional functions as may be agreed upon from time to time by Government and the DIO. The NLCA (a) Broad Planning Policies, Objectives and Goals establish the parameters under which the Nunavut Land Use Plan will be developed to fulfill the objective of the planning process. The Territorial goals of the planning process are established during this process. 4

5 Land Use Plan Development Process A Systematic and Integrated Approach through an Eight Step Plan Development Process (f) : Step 1 Identification of Issues Step 2 Identification of Goals Step 8 Monitoring Step 3 Information, data collection and analysis Step 7 Step 4 Plan Implementation Prepare Land Use Options for review Step 6 Step 5 Plan Evaluation and Approval Decisions 5

6 Step 1 - Identification of Regional Land Use Issues Community / public / planning partner meetings / consultations. Implements Articles (a) (c) (d) (g), (e) (g), The Commission solicits input from communities, Inuit organizations, industry, governments, non-government organization to identify possible land use planning issues and priorities. Meetings and public forums are held to collect information as well as the distribution of a call letter to the broad spectrum of planning partners (a) (j) Consultations with Hunters and Trapper Organizations, and Designated Inuit organizations forms part of the Commission s Inuit specific consultations (a) (b) (c) (d) The collection of map biographies from harvesters forms part of a comprehensive baseline of community land use knowledge. This information further guides the identification of Inuit social and cultural needs and aspirations (a) (j), (e) (g) 6

7 SAMPLE MAP BIOGRAPHY Study Area Individual Resident Land User Compilation of Community Land Use Final Map Biography showing land use Patterns Release of a call letter to all planning partners requesting that they identify any land use planning issues and priorities that should be considered for management under the Nunavut Land Use Plan. Conduct telephone and mail surveys as appropriate. Post information website and distribute hard copies as required. Baseline data, issue and priority identification by communities, government, Inuit organizations, Institutions of Public Government, the business community and non-governmental organizations forms the basis of this information request (d) (e) (f) (g), (e) (g),

8 Step 2 - Identification of Goals Through letters, surveys, meetings and workshops with planning partners, the issues and priorities to be managed under the land use plan are identified (b) (d) (e) (g). Goals are identified to guide policy development within the land use plan. Any specific regional goal identified must be consistent with the Territory wide goals (a) (b) (c) (d) (e) (f), , , , (a) (b) (c) The purpose of a land use plan shall be to protect and promote the existing and future well-being of the residents and communities of the Nunavut Settlement Area, taking into account the interests of all Canadians, and to protect and where necessary, to restore the environmental integrity of the Nunavut Settlement Area. Step 3 - Information and Data Collection and Analysis Research the Issues In developing planning policies, priorities and objectives, NLCA indicates that factors such as the following shall be taken into account: (a) economic opportunities and needs; (a) (b) (c) (e), , (b) community infrastructural requirements, including housing, health, education and other social services, and transportation and communication services and corridors; , , (c) cultural factors and priorities; (b), , , (d) environmental protection and management needs, including wildlife conservation, protection and management (d), (g) , 5.1.2, 5.1.5, , (e) energy requirements, sources and availability , In accordance with (a) broad planning policies, objectives and goals, baseline information is collected to fulfill the policies and objectives identified. This research is further supported by the development of an issues and priorities document which is intended to focus research and policy development into policy areas where the land use plan can support initiatives associated with the factors identified under NLCA and to fill regulatory gaps. It is important that the land use plan: does not duplicate existing regulatory processes; is integrated with other planning processes and operations; is guided by the issues and priorities identified, and the best available information. 8

9 Step 4 - Land Use Options A land use plan shall be a document containing text, schedules, figures and maps for the establishment of objectives and guidelines for shortterm and long-term development, taking into account factors such as the following: (a) demographic considerations; (b) the natural resource base and existing patterns of natural resource use; (c) economic opportunities and needs; (d) transportation and communication services and corridors; (e) energy requirements, sources and availability; (f) Community infrastructural requirements, including health, housing, education and other social services; (g) environmental considerations, including Parks and Conservation Areas, and wildlife habitat; (h) cultural factors and priorities, including the protection and preservation of archaeological sites and outpost camps; and (i) special local and regional considerations. Assess opportunities to support implementation of existing overarching broad policies of government and Inuit organizations. What initiatives of government, communities or Inuit organizations need to be supported under the land use plan? , , , Review literature, seek expert opinion, and evaluate factors associated with the conservation, development, management and use of land. Work with government regulators and experts, and Inuit land managers to develop issues and priorities that would benefit from management under the land use plan (f), (a) Options for managing land use are developed by analyzing the information and data collected, overarching policy, existing legislation and programs, expert opinion, broad planning policies, objectives and goals for the Nunavut Settlement Area and the priorities and values of the residents of the region (a) (b) (c), (a) Through a series of consultations, presentations, workshops and meetings the provision / distribution of data, maps, surveys and recommendations, which range from one on one interviews with resident land users, mail outs, advertisements and articles in newspapers, to planning partner and multistakeholder workshops and consultations the Land Use Options are finalized (d) (g) (f), (b), Step 5 Decisions The terms and zones of the plan are developed to implement the Land Use 9

10 Options selected. The Conformity Requirements and Recommendations (NLCA (b) are developed to support implementation of the Goals of the plan and the broad planning policies, objectives and goals , (a) (b) (c) (e) (f), (c), , , (a) A Draft Plan is produced and circulated for formal written response from planning partners (d) (e) (f) (g), , Conformity Determinations are conducted by the Commission to determine whether a land use activity is in conformity with the land use plan The NPC will advise the regulatory process of any terms that must be implemented on the basis of jurisdictional responsibility by federal and territorial government departments and agencies Step 6 - Plan Evaluation and Approval Review planning partner feedback on draft plan (e) (g), Respond to planning partner feedback (e) (g), Modify and revise draft plan as appropriate (f) (h) (i), Conduct Public Hearings on the draft plan, evaluate the draft plan in light of representations and as appropriate revise the draft plan. Submit the draft plan for approval , , , Step 7 Implementation Upon approval of the plan by the federal and territorial Executive Council, all applications for project proposals within the planning region must be submitted to the Commission for conformity determination , , Step 8 Monitoring The plan will be reviewed periodically to determine how effectively it addresses the issues and priorities, the established broad planning policies and objectives and Goals articulated by the planning partners in Steps 1 and (a) (l) ,11.6.2, , , The land use planning process is cyclical. A periodic review of the plan should be completed to ensure the Plan is current. Amendment and exemption processes are important to ensure that the Land Use Plans are current and continue to guide and direct decision-makers , , , , To review a land use plan or amend a Term within a Plan repeat the steps. The level of investigation and consultation required at each step is determined by the complexity of the issues being reviewed. 10

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