The four areas of the environment and the challenges of ownership and property rights

Subject Areas :

Masoud Mansour ¹ , Iraj Hosseini Sadr Abadi ² , Dariush Karimi ³

1 - Ph.D. Student of Environmental Management-, Environmental Law, Faculty of Natural Resources and Environment, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 - Assistant Professor, Department of Law, University of Judicial Science and Administrative Services, Tehran, Iran.
3 - Assistant Professor, Faculty of Natural Resources and Environment, Science and Research Branch, Islamic Azad University, Tehran, Iran.

Received: 2022-10-22 Accepted : 2023-01-08 Published : 2023-02-20

Keywords: Amendment of regulations, Four regions, Exploitation, Property Rights, Ownership document,

Abstract :

According to the law of hunting and fishing, the law of protection and improvement of the environment, and the conventions and regulations of the IUCN, some parts of the country are classified as four environmental areas (national parks, national natural monuments, protected areas, and wildlife refuges). By the end of 2021, a total of 309 areas with 18.9 million hectares, equivalent to 11.5% of the country's area, have been approved as four areas, which can be considered in the field of public ownership (Anfal), government, private or a combination of them and be exploited with a specific use. While examining the effect of determining the four regions on the ownership and its documents, the ownership rights and exploitation, the adequacy or inadequacy of the existing regulations that need to be amended or supplemented to the system has been investigated. The relevant executives should follow up their approval process through the Islamic Council or the Board of Ministers, it is suggested as follows:- Adding two notes to articles 2 to 5 and one note to article 12 of the Executive Regulations of the Environmental Protection and Improvement Law.- Adding a note to Article 6 of the aforementioned law.- Adding a note to Article 9 of Hadnagar Law.- Amendment of Note 4, Article 31 of the Law on Protection and Exploitation of Forests and Ranges.The result shows that if these suggestions are applied, the ambiguities and challenges related to obtaining the ownership documents of natural resources located in the four regions and the system of its exploitation along with the problems between the two organizations of Environmental Protection and Natural Resources and Watershed Management regarding judicial and administrative measures, especially issues related to damages caused by public and construction projects in the mentioned areas, will be resolved