Concerning the land

L A W

No.8906, dated 6.6.2002

FOR PROTECTED AREAS

Object of the Law

The object of this law is the declaration, preservation, administrations, management and usage of protected areas and their natural and biological resources; the facilitation of conditions for the development of environmental tourism, for the information and education of the general public and for economic profits, direct or indirect, by the local population, by the public [state] and private sector.

Article 2

2. Protected areas are set to provide the preservation and regeneration of natural habitats, of species, of natural reserves and landscapes.

3. This law regulates the protection of six (6) categories of protected areas, applied in the territory of the Republic of Albania. The categorization of areas, status and level of protection for each area is based on the criteria of World Center of Nature Conservation.
Article 3
Definition of Terms
Within the meaning of this law:

1. “Protected areas” shall be declared land, water, sea and coast territories assigned for protection of biodiversity, cultural and natural properties, co-accompanies, which is managed by legal manners and with scientific contemporary methods

2. “Biological diversity” (hereinafter “biodiversity”) means the genetic variety of species and ecosystems.

2.1 “Genetic variety” means the entirety of genes within population (populations) of a given species, wild or domestic. It includes various populations of the same species or genetic variability within a population.

2.2. “Variety of species” means the entirety of species, of plants and animals.

2.3. “Variety of ecosystems” means the entirety of types of ecosystems.

3. “Territorial System of ecological sustainability of a landscape” is an inner integrated complex of changed and natural ecosystems, capable to preserve natural sustainability.

4. “Bio-center” (the center of biodiversity) is the part of the landscape where long term conditions for reproduction and life activities of organisms and their natural community development are provided.

5. “Bio-corridor” (biological corridor) is the segmentation of the landscape that connects the bio-centers and enables the migration of organisms and their communities, as well as the exchange of genetic data between them.

6. “Habitat” is the environment of some botanical or animal individuals, of their populations or communities.

7. “Landscape” is a part of the territory (including marine and coastal spaces), with special relief characteristics formed by a functional integrated complex of ecosystems, including as well elements of civilization.

8. “Cave”, according to this Law, is a hollow/subterranean space more than five (5) m in length, created in natural conditions under the activity of factors of inorganic origin.

9. “Vertical cave” means a vertical subterranean space that is deeper than five (5) m.

10. “Natural waterfall” means relief where water, under the activity of nature forces, without the interference of man, falls into its own river bed from a height no less than one (1) m.

11. “Canyon” means a deep mouth with perpendicular hill slopes created by physical- natural processes on base of which generally run superficial waters.

12. “Important element of the landscape” is a part of the landscape with environmental, geo-morphological or aesthetic values that holds a typical view of the landscape or helps in its ecological sustainability.

13. “Buffer area” is the limited space, [located] in the outskirts of the protected area that serves for the prevention or bumper of harmful ecological impacts in the environs and important elements of a protected area.

14. “Ecosystem” is a unit that consists of interaction of organisms with their environment.

15. “Protected area administration” is the state organ charged for the protection and administration of a certain protected area.

16. “Environmental permit” is an official document that is issued by the environmental authority for social and economic activity which impact or may impact the environment as per the requirements provided for in the legislation for the environment.

17. “Representative network of protected areas” consists in the system of protected areas in the Republic of Albania and within it ecosystems, habitats and major country representative landscapes are selected.

18. “Ecological network” makes up the system of protected areas, known on the basis of their representative network and connected with bio-corridors. Ecological networks can be local, regional and inter-regional systems.

19. With “favorite status of protection of an ecosystem, habit or landscape” is implied the following:

a) Natural extensions and surfaces within this expanse are sustainable and in growth;

b) The structure and special functions, which are necessary for the long-term maintenance, exist and may continue to exist in the near future;

c) Its own typical species owing a favorite protection status.

1. 
   Strictly natural reserve/scientific reservation/ (Category I);
   
2. 
   National Park (Category II);
   
3. 
   National Monument (Category III);
   

4. 
   Protected Landscape (Category V);
   

2. A buffer area may be declared around a protected area.

3. For each category of protected areas shall be applied a certain level of protection.
Article 5
Strictly Natural Reserve
1. Territories no less than 50 hectares with special natural values, formed by natural or easily changeable ecosystems, which represent bio-centers and bio- corridors of a national and regional importance, shall be declared strictly natural reserve.

2. Within the strictly natural reserve is applied the first level of protection where shall be prohibited:

1. 
   Cutting of trees and bushes
   
2. 
   Utilization of chemicals and chemical fertilizers;
   
3. 
   Construction of any kind;
   

4. 
   Hunting and fishing;
   

e) Grazing, domestic animals’ passage and construction of objects for their shelter;

ë) Establishment of recreational, amusement and sports complexes;

f) Passage through paths except of the landlord or the person that uses the land;

g) Circulation with vehicles of any kind with the exception of the vehicle of protection of reservation administration and the fire brigade;

gj) Sailing in boats, canoe and other means of sailing;

h) Intensive reproduction of hunting animals.

3. Buffer area of strictly natural reservation may be declared the territory surrounding the reservation, 100 m width from the reservation border.

4. Any other activity to be performed in the reservation or in its buffer zone shall apply for environmental permit.
Article 6
National Park
1. Wide territories no less than 1000 hectares, having unique national and international values, a major part of which are natural ecosystems, little affected by human activity, where plants, animals and natural physical environment are of a special educational and scientific importance shall be declared national park.

2. Within the national park is applied the second level of protection where shall be prohibited:

a) Land use with intensive technology, with means and manners that cause fundamental changes in biodiversity, structure and functions of ecosystems or that damage irreversibly the land surface;

b) Neutralization of wastes of an origin outside the territory of the national park;

c) Dissemination of non-country animals and plants in case when they bring changes in the area biodiversity;

ç) Intensive reproduction of hunting animals with exception of saving reproduction;

d) Construction of roads, motor-ways, railways, urban areas, lines of high voltage and long distance systems of diesel and gas;

dh) Washing and sprinkling of roads with chemicals;

5. 
   Planting on forests with only one kind of trees;
   

6. 
   Circulation of means of transport out of the roads;
   
7. 
   Hunting with poisoned food;
   

8. 
   Massive sports and tourism activity outside the defined places;
   
9. 
   Organization of rallies with automobiles and motorbikes.
   

a) The change of natural state of water reservations, sources, lakes and wetlands systems;

b) Establishment and functioning of plants for military and protection purposes;

c) Scientific, research and monitoring programs;

ç) Scientific, research, archeological, paleontological activities and to carry such discoveries.

4. 
   Utilization and temporary storage of agricultural chemicals;
   

4. The park protection administration may approve:

a) Grazing and passage of domestic animals and establishment of huts or temporary settings for their shelter;

b) Placement of data and advertisement boards, of signs and posters;

c) Sailing in boats, canoe and other means of sailing;

ç) Non-military flights with helicopters, balloons, delta planes, etc;

d) Circulation and parking of vehicles out of the roads and parking places;

dh) Mountain climbing, skiing, camping and light of fire outside the defined places;

e) Planting of trees, fruit-trees, seeds and fungi.

ë) Performance of activity of seasonal tourism structures which does not ultimately occupy land.

5. When the park protection administration notices that the purpose of declaring the park a national park has been infringed may limit or stop temporarily the circulation of vehicles, hunting and fishing and any other permitted activities.

6. Buffer area of national park may be declared the territory surrounding the park, 50 m width from the park border.

2. Within a natural monument shall be applied the first level of protection.

3. In compliance with the level of protection of the area the Minister of Environment in co-operation with the Minister of Territory Adjustment and Tourism and the Minister of Local Government and Decentralization, shall approve separate rules for the passage of visitors (tourists) effective for a short period of time.
Article 8

Caves as Natural Monument

1. Caves shall be declared natural monuments.

2. Entering into caves, exploration and study of caves shall be made with permit from the Ministry of Environment which is granted on the proposal of the respective local authorities to specialized scientific institutions and non-for profit organizations, in compliance with their recommendations.

3. The discovery of new caves and the results of their exploration shall be notified in detailed reports to the Ministry of Environment. The Ministry [of Environment] delivers a copy of the report to the Academy of Sciences, universities, interested non-for profit organizations and to the respective local authorities. The explorers shall be acknowledged and provided to the right of exploration authorship.

4. Caves may be visited, utilized for curative and tourism purposes only after been adapted for such activities on authorization and under supervision of regional environmental agencies and relevant tourism structures of the local government. State or private subjects provided with environmental permit may perform preparation and utilization of the caves. The Council of Ministers shall determine rules, criteria and procedures, the rights and obligations for giving in use of caves. Exploration, authorized entry and any utilization of caves shall provide their protection and neatness, conservation of micro climate, water regime, ecosystems, geological and geo-morphological features, of archeological and paleontological discoveries and of the creatures.

5. For caves, canyons and waterfalls shall be applied the first level of protection.

6. Caves, canyons and natural waterfalls are not encircled with buffer areas.
Article 9
Managed Natural Reservation

(Area of management of habitats and species)
1. Territories that represent bio-centers and bio-corridors of local or regional importance or areas with plants, animals, minerals and paleontological discoveries, in particular protected or areas that are utilized for study, educational and cultural purposes shall be declared natural managed reservation (area of management of habitats and species)

2. Within the area of management of habitat and species is applied the third level of protection:

a) Change of natural state of water reservations, resources, lakes and wetlands systems;

b) Chemicals storage;

c) Circulation and parking of vehicles out of the roads and parking places;

ç) Collection of plants, minerals, paleontological discoveries and stones;

d) Establishment and functioning of plants for military and protection purposes;

dh) Placement of data and advertisement boards, signs and posters with exception of those that indicate the objective of reservation protection;

e) Mountain climbing, skiing, camping and light of fire outside the defined places.

3. Activities set forth in paragraph 2 of Article 5 of this Law and any other activity, which is not prohibited by this Article, shall be performed upon receipt of environmental permit.

4. Buffer area of management of habitats and species may be declared the territory surrounding the area of management of habitats and species, 50 m width from the area border.

5. As for the tourism utilization of natural formations of this reservation, the Minister of Environment and the Minister of Territory Adjustment and Tourism as well as the Minister of Local Government and Decentralization shall approve sustainable and controllable rules for passage of visitors (tourists) only for limited period of time observing protection measures of third level.

Protected Landscape

1. Territories larger than 1000 ha, of a harmonious and well-formed landscape of a developed characteristic relief, of a variety of ecosystems, marine or ground, of historical monuments shall be declared protected monument.

2. Within a protected landscape is applied the fourth level of protection where shall be prohibited:

a) Planting of forest with only one kind of trees;

b) Neutralization of waste and light of fires outside the perimeter of assigned places; c) Dissemination of animals and non-county originated plants;

ç) Hunting with poisoned food;

d) Construction of motorways, sailing canals and urban areas;

dh) Circulation with vehicles out of roads. This rule shall be not applied for state vehicles and agricultural and forestry machinery, fire brigade vehicles, ambulances, water management and veterinary services machinery;

e) Organization of rallies with vehicles, motorbikes and bicycles.

3. Activities that change the utilization of territory, constructions, use of chemicals and pesticides, treatment of sewage waters in farms for areas larger than 2 hectares and any other activity which is not prohibited explicitly by paragraph 2 of this Article shall be performed only upon receipt of environmental permit and been approved by the Territory Adjustment Council of the Republic of Albania.

Protected Area of Managed Resources

1. Areas which include wide, relatively remote and uninhabited territories difficult to access or regions which are still less inhabited and been under continuous pressure to be populated and utilized widely and where their transformation for intensive use is unclear or inadequate shall be declared protected areas of managed resources.

Limited access to these areas means that these areas normally will require control, which will be dependant of pressures to access and utilize the area.

2. This category may be used even for those protected areas by legislation but not been used yet for any reason.

3. Within a protected area of managed resources shall be applied the fourth level or protection.
Article 12

Forests, Waters and other Natural Properties within Protected Areas

1. Forests [located] in protected areas shall be excluded from classification as forests for utilization.

2. Management of forest and forest property, of waters and water property, as well as other properties in state ownership located inside a protected area shall be performed by the administration of area protection. The administration such activities shall exercise directly or through an authorized subject.

3. Where these properties are in private ownership they shall be managed and utilized by the owner and legal user provided that this management is in compliance with area management plan approved by the Ministry of Environment.

4. Provisions for interventions against bugs and diseases that cause damages in forests or water of protected areas shall be applied only with approval of administration of the respective area and in the level determined by it.
Article 13

Declaration and Management of Protected Areas

1. Declaration of a protected area and of its buffer area shall be made by decision of the Council of Ministers on the proposal of the Minister of Environment upon receipt of opinion from local government organs, specialized institutions, non-for profit organizations and from private owners in case their estate are included in the protected area.

2. Council of Ministers approves the procedures for proposal and declaration of buffer and protected areas. The Ministry of Environment shall prepare them [the procedures] in reliance with criteria of biodiversity convention, relevant guidelines of European Union and national environmental plans and strategies.

3. Any natural or juridical person shall have the right to ask for the Ministry that his own private territory or part of own natural objects to be declared or included in one of the categories of protected areas.

Declaration of Protected Areas

1. The proposal to declare a protected area at least shall include the following:

a) Justification for the establishment of a protected area, how it supports objectives of administration plan of representative network of protected areas, advantages and disadvantages of a protected area establishment and proposed category of protection;

b) The results of consultation process with civil society stakeholders, in particular the approval by the local municipality within and around the proposed area including received comments and reflection into the proposal;

c) A physical observation of the proposed place;

ç) An environmental impact assessment including activity processes and categories, which can threaten the biodiversity and other features of proposed location including the surrounding areas;

d) An observation of the social and economic impact on local population that includes the utilization of proposed area and the potential impact of protected area in this utilization;

dh) A description of compensative measures that might deem necessary to be taken in order to address the transfer of property and the rights of usage of biodiversity elements.

2. State organs shall take temporary measures for protection and administration case by case.
Article 15