Law No. 130: Protected Areas

Justifications for the Protected Areas Law

Lebanon’s diverse and distinctive natural sites constitute a national treasure and natural heritage that plays a crucial role in the national economy. Moreover, protected natural areas serve as a fundamental pillar for rural development policies and eco-tourism through conservation and protection measures.

The current laws related to nature protection and environmental safety have become outdated and are inherently incomplete. For instance, the law issued on July 8, 1939, concerning the protection of landscapes and natural sites in Lebanon, is no longer sufficient. Meanwhile, more recent laws, enacted since 1992, have established several nature reserves in various Lebanese regions, but they remain fragmented and lack a comprehensive framework.

Additionally, the absence of a general law governing protected areas has led to legal gaps. Since 1992, successive laws have been limited to nature reserves, excluding other areas requiring protection. Furthermore, these laws have primarily focused on nature reserves established on public lands, neglecting other significant sites.

Lebanon has joined several international agreements and is committed to their implementation, including but not limited to:

• The United Nations Framework Convention on Biological Diversity – Rio de Janeiro, 1992 (Lebanon joined under Law No. 360 dated 1/8/1994).
• UNESCO Convention for the Protection of the World Cultural and Natural Heritage (Lebanon joined under Law No. 19 dated 30/10/1990).
• Ramsar Convention on Wetlands of International Importance, especially as Waterfowl Habitats (Lebanon joined under Law No. 23 dated 23/2/1999).
• Agreement on the Conservation of African-Eurasian Migratory Waterbirds (Lebanon joined under Law No. 412 dated 5/6/2002).

Today, Lebanon faces the risk of irreversible loss of a significant part of its natural heritage and national wealth due to rapid population growth and reconstruction efforts.

To effectively protect Lebanon’s national natural heritage, it has become essential to establish a comprehensive legal framework governing all protected areas. This necessitates the formulation of a general law that sets the foundation for policies aimed at preserving distinguished natural spaces, ensuring their proper management, and regulating the land adjacent to them—within the scope of a sustainable human development plan—through the establishment of protected areas.

Thus, the government has prepared the attached draft law and, as it submits it to the honorable Parliament, requests its approval.

Approved by Parliament

The President of the Republic issues the following law:

Article 1

The following terms and expressions, wherever mentioned in this law, shall have the meanings assigned to them:

• Ecosystem: A biological community of living plant and animal organisms interacting with their non-living environment, forming an ecological unit.
• Environment: The natural (i.e., physical, chemical, and biological) and social surroundings in which all living organisms exist, including interaction systems within the environment, as well as between organisms and their surroundings.
• Initial Environmental Examination (IEE): A preliminary study aimed at identifying the potential environmental impacts of a project to determine the necessity of conducting an Environmental Impact Assessment.
• Environmental Impact Assessment (EIA): The process of identifying, evaluating, and assessing the environmental effects of a project, determining necessary mitigation measures for negative impacts, and enhancing positive impacts on the environment and natural resources before deciding on project approval or rejection.
• Pollution: Any alteration in the physical, chemical, or biological characteristics of environmental components that degrades their quality to the extent that they become unsuitable for their designated use or cause health, economic, social, or environmental harm in the short or long term.
• Biodiversity: The variability among living organisms derived from all sources, including terrestrial, marine, and aquatic ecosystems, as well as ecological complexes of which they are part. This encompasses diversity within species, between species, and within ecosystems.
• Sustainable Use: The utilization of biodiversity components and natural resources in a manner and at a rate that does not lead to their long-term depletion, thereby ensuring their continued availability to meet the needs and aspirations of future generations.
• Organic Farming: An environmentally sound agricultural system aimed at developing sustainable farming practices by avoiding the use of synthetic fertilizers, pesticides, and chemical products in agricultural production.
• Ecotourism: A form of tourism that has minimal impact on the environment and local cultural values, while supporting the local economy, ensuring sustainability, and preserving natural and cultural heritage.
• Nature Reserve: A terrestrial or marine area requiring ecological and habitat protection to conserve species or groups of species of special importance (rare, geographically restricted, or endangered), distinctive natural landmarks, or sensitive and rare ecosystems and habitats. These areas are subject to conservation and rehabilitation efforts as needed to achieve protection goals, maintain species habitats, and meet their specific requirements. A nature reserve may consist entirely of a protected area or partially include protected zones and controlled management areas.
• Controlled Management Area: A designated area where sustainable use of natural resources and traditional human activities that align with environmental protection are permitted without compromising conservation objectives. Activities may include ecotourism, honey production, and organic farming, subject to environmental impact assessments or initial environmental examinations where necessary. If located within a nature reserve, approval from the Ministry of Environment is required.
• Conservation Area: A region protected due to its significant ecological and environmental value, particularly in terms of biodiversity and unique natural habitats. These areas must be safeguarded from any activities that could affect ecosystem integrity and natural features.
• Sustainable Development Zone: An area encompassing inhabited spaces and/or villages where developmental activities align with environmental protection regulations, as stipulated by the Natural Park Charter governing the region. Projects in this zone require an Environmental Impact Assessment (EIA) or Initial Environmental Examination (IEE) in accordance with applicable regulations.
• Buffer Zone: A zone surrounding the outer boundaries of a nature reserve, extending from 200 meters to a maximum of 500 meters from the reserve’s limits. Its extent is determined by the Ministry of Environment in laws establishing new reserves or, in the case of pre-existing reserves without defined buffer zones, by the Ministry of Environment in coordination with the Nature Reserve Committee. The designation of buffer zones considers environmental criteria, land characteristics, and land use in surrounding areas, and these zones are subject to Article 15 of this law.
• Natural Resources: The following environmental components: air, water, land, and living organisms.
• Natural Park: A vast rural area, partially inhabited, where human-nature interactions over time have created a landscape of aesthetic, ecological, or cultural significance. These areas typically possess high biodiversity and a natural or cultural heritage of national importance, meriting long-term protection. Natural parks balance economic development with conservation of natural, cultural, and heritage features. A natural park is governed by a joint park project, known as the Natural Park Charter, which sets guidelines for preserving and enhancing the park’s value. It may include controlled management areas, sustainable development zones, and potentially protected areas or candidate protected areas.
• Natural Park Charter:
  1. A document prepared and approved by the municipality(ies) and municipal unions within which the natural park is located. In villages without municipalities, it is approved by the district governor. The charter is ratified by decree from the Council of Ministers, upon the recommendation of the Ministers of Interior and Municipalities and Environment.
  2. The charter outlines the protection and sustainable development plan for lands within the natural park, specifying conservation objectives, enhancement strategies, and development guidelines. It also defines the necessary measures to achieve these goals and ensures coordination of activities undertaken by public entities and civil society organizations within the park.
  3. The charter has an eight-year duration, after which it is reviewed and renewed based on progress in its implementation.
• Natural Site and Monument: An area containing one or more features of high natural or cultural significance, characterized by rare aesthetic qualities or exceptional natural elements that require protection due to their rarity, representational value, or visual appeal.
• Hima: A protected area encompassing a natural ecosystem, which may also include a sustainably modified section through sustainable resource use. It is characterized by important biodiversity, ecological services, and cultural values. The protection of this area is voluntarily carried out through traditional community-based natural resource management systems, relying largely on local traditional knowledge and skills.

Issuance Provisions

Article 1 – Issuance

Sole Article:

• The draft law included in Decree No. 8045, dated April 25, 2012, concerning natural reserves, has been ratified, with its title amended to “Protected Areas Law”, as revised by the joint parliamentary committees.
• This law shall enter into force upon its publication in the Official Gazette.

Chapter One: Protected Areas

Article 2

Categories of Protected Areas

Protected areas are sites distinguished by their biological diversity, ecological, geological, geomorphological, anthropological, or cultural significance, or scenic beauty. These include wetlands, mountains, forests, woodlands, islands, plains, coastal areas, territorial waters, or any other ecosystems that meet one or more of the following needs:

1. Protecting elements of biological diversity, especially those that are endangered, rare, unique, or distinct.
2. Naturally regenerating biodiversity.
3. Preserving ecosystems.
4. Protecting habitats for resident and migratory birds and animals.
5. Conserving landscapes and distinctive natural landmarks.

Protected areas are classified into four categories:

• Nature Reserve
• Natural Park
• Natural Site or Monument
• Hima (Traditional Conservation Area)
• Any additional category established by decree in the Council of Ministers, based on a proposal from the Minister of Environment, to preserve natural resources in line with international treaties and Lebanon’s unique environmental characteristics.

All legal and regulatory provisions regarding historical monuments, archaeological sites, and landscapes shall remain in force within protected areas.

Article 3

General Provisions for Establishing, Classifying, and Managing Protected Areas

A – Establishment of Protected Areas

1. Nature Reserves:

   • The rules governing the establishment and management of nature reserves are detailed in Chapters 2, 3, and 4 of this law.

2. Natural Parks:

   • Established by decree in the Council of Ministers, based on a proposal from the Ministers of Interior, Municipalities, and Environment, at the request of municipalities and/or municipal unions.
   • Managed by a committee with administrative and financial independence, formed per the decree mentioned in Clause B, Paragraph 2 of this article.

3. Natural Sites or Monuments:

   • Governed by the Law of July 8, 1939, on the Protection of Landscapes and Natural Sites in Lebanon.
   • The terms “Ministry of National Economy” and “Minister of National Economy” in the 1939 law are replaced with “Ministry of Environment” and “Minister of Environment”.

4. Hima (Traditional Conservation Areas):

   • Established by a decision of the municipal council or joint municipal councils if it spans multiple municipalities.
   • In villages without municipal councils, the Hima is designated by a decision of the district commissioner (Qa’im Maqam) based on a proposal from the village chief (Mukhtar) or village chiefs (Mokhtars).
   • The municipal council or district commissioner (where no municipality exists) shall develop a management plan for the Hima.
   • If a Hima spans multiple municipalities or villages, a management plan shall be developed by a committee formed by decision of the district commissioner (if within the same district) or the governor (if spanning multiple districts within the same governorate).
   • The municipal council and district commissioner shall implement the Hima management plan within their respective jurisdictions.

B – Classification Criteria, Management Objectives, and Governance of Protected Areas

1. Classification criteria and management objectives for protected areas shall be established by decree in the Council of Ministers, based on a proposal from the Minister of Environment.
2. Management frameworks for nature reserves are regulated by Chapters 2, 3, and 4 of this law. The management methods for the other three protected area categories shall be defined by decree in the Council of Ministers, based on a proposal from the Minister of Environment.
3. Protected areas may be classified on public or private land.
4. Urban planning regulations and zoning laws must comply with the provisions established for protected areas.

Chapter Two: Nature Reserves on Publicly Owned Lands

Article 4: Establishment of a Nature Reserve

A nature reserve located on publicly owned lands is established by law, which defines:

• The geographical boundaries of the reserve.
• The buffer zone surrounding it.
• Special protection regulations.

If private properties exist within the boundaries of a publicly owned nature reserve, the owners must voluntarily relinquish their rights. This relinquishment must be registered in the land registry, after which these properties will be subject to nature reserve regulations.

If some or all private landowners refuse to include their property in the reserve, the Ministry of Environment may:

1. Request expropriation of these properties by declaring public environmental benefit.
2. Request a land swap with state-owned properties, in accordance with Article 78 of Decision No. 275, dated 25/5/1926.
3. Offer compensation to private landowners under Article 17 of the Urban Planning Law (Legislative Decree No. 69, dated 9/9/1983, and its amendments).

The Ministry of Public Works and Transport – Directorate General of Urban Planning, in coordination with the Ministry of Environment, is responsible for preparing a master plan for the buffer zone surrounding the publicly owned nature reserve.

Article 5: Supervision and Management of a Nature Reserve

1 – Nature Reserve Committee

Each nature reserve shall have a committee of volunteers, which shall:

• Have legal personality, financial independence, and administrative autonomy.
• Oversee the proper management of the reserve.
• Develop and implement its annual financial budget.

Committee members are appointed for a three-year term by decision of the Minister of Environment. The Ministry of Environment supervises the committee, and priority for the chairperson role is given to individuals with a university degree or expertise in environmental fields.

The committee must include representatives from:

• The Ministry of Agriculture.
• Other relevant ministries.
• Concerned municipalities.
• Environmental organizations, if applicable.

The committee must also include technical experts.

The committee is responsible for:

• Drafting its internal regulations, which become effective only upon approval by the Minister of Environment.
• Establishing the financial system of the reserve, which must also be approved by the Minister of Environment.

In cases of negligence, mismanagement, or failure to fulfill duties, the committee or any of its members may be dismissed by decision of the Minister of Environment. The dismissal takes effect one month after a warning is issued. A replacement must be appointed within two months in accordance with the procedure specified in Article 6 of this law.

2 – Nature Reserve Staff

• The reserve management team is responsible for the daily administration of the reserve and implements the management plan outlined in Article 7 of this law.
• The committee chairperson contracts reserve staff in accordance with Article 6 of this law.
• Employment contracts are only valid after obtaining approval from the Minister of Environment.

Chapter Two: Nature Reserves on Publicly Owned Lands

Article 6: Powers and Responsibilities

The powers and responsibilities of nature reserve committees, including:

• Conditions for appointment and dismissal of their members.
• Number of members.
• Qualifications and duties of the reserve staff.
• Employment conditions for the reserve staff.

These are all determined by a decision issued by the Minister of Environment.

Article 7: Nature Reserve Management Plan

Each nature reserve committee, in coordination with the reserve staff, shall propose a management plan for the reserve with a duration appropriate to its characteristics.

• The plan shall be issued by decision of the Minister of Environment.
• The Ministry of Agriculture may be consulted if necessary.

The plan shall include:

• An assessment of the reserve’s condition at the time of its establishment.
• Identification of protected areas and controlled management zones.
• A priority scale for conservation or restoration efforts.

The plan is implemented through an annual work program and is binding on all public and private entities.

Article 8: Entrance Fees for Nature Reserves

• The public may visit the nature reserve and engage in eco-friendly activities in accordance with its management plan.
• Entrance fees and fees for permitted activities shall be determined by a joint decree issued by the Ministers of Environment and Finance, based on a proposal from the reserve committee.
• Numbered entrance tickets shall be issued by the Ministry of Environment and stamped by the Ministry of Finance before use.

Revenue Utilization:

• Entrance fees, activity fees, confiscation proceeds, and fines related to violations within the reserve shall be allocated to improving the reserve.
• The mechanisms for collecting, allocating, and utilizing these revenues shall be determined under the financial system of the nature reserve (as per Article 5 of this law).

Article 9: Awareness and Information Dissemination

The nature reserve committee, in collaboration with the Ministry of Environment, shall develop an environmental awareness program as part of the management plan. This program shall:

• Promote the reserve’s significance at the national, regional, and international levels.
• Organize educational and recreational activities to encourage eco-tourism.
• Publish awareness materials (brochures, booklets, etc.).
• Support local organic farming and environmentally friendly artisanal production, ensuring no harm to conservation goals.

Chapter Three: Nature Reserves on Privately Owned Lands

Article 10: Establishing a Nature Reserve on Private Property

A nature reserve on private land is established based on the written consent of all private landowners, through a contract between:

• The Lebanese State (represented by the Minister of Environment).
• Private landowners.

The contract must:

• Have a minimum duration of 20 years (renewable).
• Define the reserve’s geographical scope and buffer zone.
• Establish management methods.

The reserve is officially created by decree in the Council of Ministers, based on a proposal from the Minister of Environment.

If some landowners refuse to include their property in the reserve, the Ministry of Environment may:

1. Request expropriation of the land by declaring it for public environmental benefit.
2. Offer a land swap with state-owned properties (in accordance with Article 78 of Decision No. 275, dated 25/5/1926).
3. Provide financial compensation under Article 17 of the Urban Planning Law (Legislative Decree No. 69, dated 9/9/1983, and its amendments).

The Ministry of Public Works and Transport – Directorate General of Urban Planning, in coordination with the Ministry of Environment, shall prepare a master plan for the buffer zone of the private nature reserve.

Temporary Study Period:

• During the preparation phase, the area designated for the private nature reserve may be placed under study for one year (renewable once).
• This is done by decree in the Council of Ministers, based on a proposal from the Ministers of Environment and Public Works and Transport, after approval from the Higher Council for Urban Planning.
• During this period, necessary planning and zoning regulations shall be developed.

Article 11: Supervision and Management of Private Nature Reserves

Each private nature reserve shall have a management committee, which operates under the same provisions as public reserve committees (Article 5, Section A of this law).

Committee Composition:

• 51%: Experts and representatives from relevant ministries, municipalities, and environmental organizations.
• 49%: Private landowners.

The management framework for the private nature reserve is outlined in the contract (as per Article 10 of this law).

The daily administration of the reserve shall be handled by a reserve management team, which operates under the same provisions as public reserve teams (Article 5, Section B of this law).

All powers and responsibilities of the private reserve committee and staff are governed by Article 6 of this law.

Article 12: Management Plan for Private Nature Reserves

A management plan for a private nature reserve shall be established in accordance with Article 7 of this law.

Chapter Four: Common Provisions for Nature Reserves on Public or Private Lands

Article 13: Rights and Obligations of Private Landowners

The contract mentioned in Article 10 of this law shall define:

• The rights of private landowners regarding entrance fees and fees for eco-friendly activities in the reserve, in accordance with its management plan.
• The collection, allocation, and utilization of revenue from entrance fees, activity fees, confiscations, and fines, ensuring it is used for reserve improvement.
• The rights and obligations of private landowners regarding management responsibilities and maintenance costs.

The state may, through the contract, contribute to the costs of maintaining the reserve, particularly through projects implemented under the management plan. This support may take the form of:

• Financial aid.
• Material and human resources.
• Financial, in-kind, or moral incentives.

Article 14: Registration of Nature Reserves on Public or Private Lands

• The decree establishing a nature reserve or the decree approving the contract (as per Article 10) shall be submitted to the Land Registry Office for official registration on property records within the reserve’s boundaries.

Article 15: Regulations Governing Construction and Investment in Buffer Zones

• Regulations concerning construction and investment in the buffer zone of a nature reserve shall be subject to a special master plan, issued by decree following consultation with the Ministry of Environment.
• No public facility may be established in the buffer zone without prior approval from the Ministry of Environment.
• All urban planning and zoning regulations must comply with the provisions applicable to nature reserves.

Article 16: Sections of a Nature Reserve

A nature reserve may consist of:

1. Entirely protected areas.
2. A combination of protected areas and controlled management zones.

These zones shall be delineated on a map, which shall be attached to:

• The law or decree establishing the reserve.
• The management plan (if zoning could not be determined at the time of establishment).

Article 17: Permitted Activities in Nature Reserves

• Exceptionally, and without compromising environmental protection objectives, certain activities may be permitted under the concept of sustainable use.
• Such activities require approval from the Minister of Environment, based on a proposal from the reserve committee and in alignment with the management plan.
• The Ministry of Environment may require an Environmental Impact Assessment (EIA) or an Initial Environmental Examination (IEE) before granting approval.

Article 18: Nature Reserve Budget

• The Ministry of Environment’s budget shall allocate funds specifically for nature reserves.
• Public and private entities, associations, and local, regional, and international organizations may contribute to reserve funding through donations and grants, subject to Council of Ministers approval.
• The annual budget of nature reserves must be approved by the Ministry of Environment.
• Reserve accounts and financial contributions shall be subject to ex post auditing by the Court of Accounts.

Article 19: Insurance Against Risks

• Nature reserve committees must obtain civil liability insurance covering bodily harm to third parties within reserve boundaries.
• A standard insurance contract shall be established by decree in the Council of Ministers, based on a proposal from the Ministers of Economy, Trade, and Environment, in accordance with Article 44 of the Insurance Regulatory Law.
• Additional insurance requirements for reserves may be imposed by decree, based on a proposal from the Ministers of Economy, Trade, and Environment.

Article 20: Penalties

In accordance with existing environmental laws, including:

• Environmental Protection Law No. 444 (29/7/2002).
• Hunting Regulation Law No. 580 (25/2/2004).
• Forest Protection Law No. 558 (24/7/1996).
• Forest Law (7/1/1949).
• Environmental Pollution from Hazardous Waste and Substances Law No. 64 (12/8/1988).
• Penal Code.

Any violation of reserve regulations—such as:

• Disrupting the ecosystem.
• Damaging biodiversity.
• Pollution.
• Destruction of natural features.

Penalties:

• Fines ranging from 1,000,000 to 25,000,000 LBP.
• Imprisonment from 1 month to 1 year, depending on the severity of the offense, as determined by the competent judiciary.
• Repeat offenses result in double penalties.

If two different laws prescribe penalties for the same offense, the stricter penalty shall apply.

Additionally, courts shall order the confiscation of:

• Any illegally harvested or extracted materials.
• Tools and machinery used in the offense.
• Vehicles used to commit the crime.

Reserve rangers have the right to issue violation reports within the reserve and its buffer zone, provided they:

1. Complete a training course on nature reserve laws at the Internal Security Forces Academy.
2. Take a legal oath before the competent criminal court.

Violation reports issued by reserve rangers shall have the same legal standing as those issued by judicial police officers.

Article 21: Existing Nature Reserves

• Nature reserves established under previous laws shall remain subject to their respective founding laws.

Article 22: Implementation Regulations

• The Council of Ministers shall issue decrees to regulate specific implementation details of this law, as necessary, based on a proposal from the Minister of Environment.

Article 23: Enforcement

• This law shall take effect immediately upon its publication in the Official Gazette.

Issued in Baabda on April 30, 2019

Signed:
Michel Aoun – President of the Republic
Saad Al-Din Hariri – Prime Minister