MSP Videos Questionnaire

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1. Designing Marine Spatial Planning for Implementation: A Guide for Legal Drafters provides information about:

1 point

a) Essential components and subcomponents of marine spatial planning legislation

b) Examples of textual provisions from existing laws and regulations

c) Tips for legal drafters

d) All of the above

Clear selection

2. Incorporation of marine spatial planning into a country’s legal framework helps achieve the following:

1 point

a) All parties are bound by a lawfully adopted plan

b) Plan implementation and revisions are consistent

c) Stakeholders are properly consulted

d) a and b

e) a, b, and c

Clear selection

3. The task of the legal drafter drafting an MSP law is to:

1 point

a) Completely re-write country’s existing laws

b) Successfully incorporate marine spatial planning into existing law

c) a and c

d) b and c

Clear selection

4. The “preliminary” component of MSP legislation contains the following subcomponents:

1 point

a) Definitions

b) Objectives

c) Elements of a marine spatial plan

d) a and b

e) a, b, and c

Clear selection

5. True or False: The scope of the law, which characterizes the geographical area to which the law applies, must be exactly the same as the area where marine spatial planning will take place.

1 point

True

False

Clear selection

6. Guiding or interpretive principles help to:

1 point

a) Guide the government during the development and implementation of a marine spatial plan

b) Guide courts in the interpretation of the law

c) Describe different types of zones

d) a and b

e) a, b, and c

Clear selection

7. When choosing which ministry or department should be assigned the lead coordinating role under the MSP law, the legal drafter should consider the following:

1 point

a) Existing competencies of the ministry or department under consideration, and whether those competencies should be expanded

b) Other ministries and stakeholders that should be involved in the marine spatial planning work due to its cross-cutting nature

c) Whether some duties should be assigned to an advisory body

d) a and b

e) a, b, and c

Clear selection

8. With regard to the advisory body, an MSP law should describe the following:

1 point

a) The advisory body’s role, membership, and operation

b) The points in the process when the advisory body must be consulted

c) Competencies of the lead ministry or department

d) a and b

e) a and c

Clear selection

9. With regard to the required elements of a marine spatial plan, at a minimum an MSP law should describe the following:

1 point

a) A demarcated plan area

b) Zones within the plan area, specifying uses that are allowed or prohibited within each zone

c) Zone placement criteria

d) a and b

e) a, b, and c

Clear selection

10. True or False: The MSP legislation should provide that a properly adopted marine spatial plan remains in force until amended or revoked pursuant to law.

1 point

True

False

Clear selection

11. True or False: Plan criteria set forth in an MSP law never reinforce the stated legislative objectives or guiding principles applicable to the law as a whole.

1 point

True

False

Clear selection

12. With regard to designating in the MSP law which MSP information should be publicly available, the starting point is that:

1 point

a) Only some of the marine spatial planning data is in the public domain

b) None of the marine spatial planning data is in the public domain

c) Marine spatial plan and all relevant data is in the public domain

d) The marine spatial plan is publicly available, but minutes of public minutes and public comments are not

Clear selection

13. With regard to public participation, it is useful to specify in the MSP law:

1 point

a) How and when the proposed plan will be published or otherwise available for comment

b) Who will review public comments and incorporate feedback into the plan

c) Requirements for data monitoring

d) a and b

e) a, b, and c

Clear selection

14. Key considerations for a new sustainable funding mechanism include:

1 point

a) The ability to accept funds from both within and outside of government

b) Criteria governing the specific purposes for which funds can be dispersed

c) Recordkeeping, reporting, and auditing requirements

d) b and c

e) a, b, and c

Clear selection

15. The Enforcement & Compliance component of the Guide contains information about the following subcomponents of MSP legislation:

1 point

a) Offenses and Penalties

b) Natural Resource Damages

c) Evidentiary Presumptions

d) Binding the Crown

e) a, b, and c

f) a, b, c, and d

Clear selection

16. When considering enforcement provisions under the MSP law, the legal drafter should:

1 point

a) Determine whether existing laws already contain suitable enforcement provisions

b) Ensure that at least one set of existing offense provisions applies to violations of the new MSP law

c) Consider whether existing enforcement provisions should be updated

d) Disregard all existing enforcement provisions

e) a, b, and c

Clear selection

17. In order to address the problem of violators destroying evidence, modern drafting practice is to include in legislation provisions that establish:

1 point

a) A wide range of penalties

b) Rebuttable presumptions

c) Access to information

d) Citizen suits

Clear selection

18. The Miscellaneous component of MSP legislation described in the Guide contains the following subcomponents:

1 point

a) Regulations

b) Conflict Resolution

c) Authorized Officers

d) a and b

e) a, b, and c

Clear selection

19. Which type of provision can address the fact that previously issued permits or other permissions may already be in effect, or pending approval, in the plan area prior to the commencement of a marine spatial plan, and that the new plan could alter them?

1 point

a) Conflict resolution provision

b) Grandfathering provision

c) Data monitoring provision

d) Provision binding the Crown

Clear selection

20. Traditional rights and management can be addressed in the MSP legislation by:

1 point

a) Allocating competencies and management duties in view of existing rights and management practices

b) Designing special elements of public participation aimed to reach, listen to, and learn from traditional communities

c) Relying on co-management mechanisms and traditional means of ensuring compliance by ocean users

d) a and b

e) a, b, and c

Clear selection

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