Wildlife has an independent legal status under the Wildlife Conservation and Management Act, defined as any non-cultivated or non-domestic flora and fauna (i.e. any organism in the kingdoms of animals, plants, chromista, protistas, prokaryotes and fungi). Under the Act, the term ‘animal’ is also defined as any species of wild fauna specified in the First, Second and Third Schedules, as well as any other wildlife, whether vertebrate or invertebrate, excluding domestic animal.

There are no express provisions stating that wildlife is state property, except for section 73(1) of the Forests Act, which states that trees and plants on public land are owned by the State. Since, according to the Wildlife Conservation and Management Act and the Fisheries Act, management institutions from both the fisheries and wildlife sectors can allocate tenure rights through hunting and fishing permits and licences, it can be inferred that animals are owned by the State. However, the law does not specify the status of ownership of wildlife when state land is sold or transferred (unlike minerals, which remain the property of the state). For wildlife located on private property, the Wildlife Conservation, Management and Sustainable Use Regulations provide for the rights and restrictions of private landowners only when the land is declared a conservation area by agreement with the Guyana Wildlife Conservation and Management Commission (GWCMC).

The legal framework provides measures to protect wildlife outside the protected area system. The Wildlife Conservation, Management and Sustainable Use Regulations establish wildlife conservation and management areas in private and public lands through agreements with institutions and private landowners. The Forests Act creates special protected areas in state forests. There is no similar provision for inland fisheries.

Indigenous people are defined under the Amerindian Act as ‘Amerindians’, and their rights are recognized under the Constitution. The Amerindian Act distinguishes between indigenous peoples based on their rights to land and provides different definitions for Amerindian villages and Amerindian communities. While Amerindian villages are legally recognized entities that have communal ownership of the lands that they traditionally occupy (i.e. they have formal titles over village lands), Amerindian communities are groupings considered to occupy state lands because they do not hold formal land titles. Amerindian communities may apply for a grant of state land provided they meet specific criteria set by the Amerindian Act.

The legal framework provides for the involvement of Amerindians in lawful wildlife use. The Amerindian Act recognizes traditional rights for both communities and villages, understood as subsistence rights or privileges. The Wildlife Conservation, Management and Sustainable Use Regulations, Amerindian villages also provides for a system of collective licences for Amerindian villages to trap wildlife for sale. However, there is no similar provision for Amerindian communities.

The Protected Areas Act provides for the establishment of Amerindian protected areas on village lands. Ecotourism activities can also be organized in and around protected areas in partnership with communities. The Forests Act provides for forest community concessions that help secure the rights of local communities to meet their local needs while ensuring sustainable use.

Participation in management and decision-making is a right enshrined in the Constitution. The Amerindian Act and the Wildlife Conservation and Management Act also provide for the participation of Amerindian villages in the management of wildlife resources in their titled lands, through their local elected authorities (village councils, directed by a Toshao and councillors). Village councils are entitled to make their own rules governing the use and sustainable management of natural resources, including wildlife. The rules come into effect only when approved by the Minister of Amerindian Affairs and published in the Official Gazette. The Amerindian Act also provides the opportunity for Amerindian villages within the same geographical area to establish a district council. For example, the South Rupununi District Council (SRDC) has been legally recognized as the representative body of the Wapichan people since 2017. The Amerindian Act also establishes the National Toshaos Council, which comprises all Amerindian villages’ Toshaos. Amerindian communities do not automatically benefit from the same rights. Community councils established by Amerindian communities must be formally recognized by a ministerial order before being allowed to regulate the exercise of traditional rights over state lands and participate in the National Toshaos Council.

The Constitution also provides for women's participation in decision-making processes and for gender equality in all spheres of political, economic, and social life but there are no specific provisions in wildlife legislation to ensure the equal participation of men and women in wildlife management.

As criminal sanctions related to wildlife tenure, both the Wildlife Conservation and Management Act and the Wildlife Conservation, Management and Sustainable Use Regulations establish the hunting, trapping, collecting, possession or selling of wildlife without the proper licences as offences. Cruelty and animal abuse of possessed animals are also classified as offences by the Wildlife Conservation, Management and Sustainable Use Regulations. The sanctions provided by the Act for these offences are fines and imprisonment.

Wildlife protection is not explicitly part of the recommended actions nor plans of the National Land Use Plan (NLUP); however, the NLUP identifies the carrying out of a biodiversity assessment to identify sites of high biodiversity or critical ecological function as data needs and next steps. According to the Wildlife Conservation and Management Act, one of the functions of the Guyana Wildlife Conservation and Management Commission (GWCMC) is to establish a regular assessment on the status of wildlife as well as wildlife conservation and management plans and programmes. However, there are no specific provisions requiring the development of a national wildlife management plan. Nonetheless, the GWCMC has adopted a Strategic Plan for the 2019–2029 period and has already proposed three draft national management plans for specific and prioritized species (lowland tapirs, red-footed and yellow-footed tortoises, and spectacled, smooth-fronted and Cuvier’s dwarf caimans).

There is no delimitation of hunting, fishing and/or ecotourism areas in the NLUP, and no criteria or list of criteria for establishing them. The NLUP mentions some sub-national development options related to wildlife such as ecotourism, forest conservation and biodiversity reserves, but there are no areas delimited for such purposes. The Wildlife Conservation, Management and Sustainable Use Regulations provide for the establishment of wildlife conservation areas, which may allow for ecotourism and hunting for conservation research. These areas are established through agreements between the GWCMC and private landowners or other governmental agencies.

The Wildlife Conservation, Management and Sustainable Use Regulations establish that areas for wildlife conservation and sustainable use require management programmes. The objectives of the programme shall be maintenance, care, study and restauration of wild animals and natural environments. A multi-stakeholder participation process is required for the preparation of the programme (but not for the actual mapping of such areas nor their formal recognition), including village councils and local communities.

The Amerindian Act entrusts village councils with the development of plans for the management and sustainable use of village lands and natural resources, with the support of the National Toshaos Council. Plans can also be developed at the district level, such as the 2012 Wapichan Territorial Management Plan.

The Forests Act provides criteria to classify forest lands. It establishes that the Minister (of Natural Resources) may designate state forest areas if the area is suitable for long-term forestry activities. It may also declare any forest on private land as a conservation area. The Environmental Protection Agency (EPA) may declare state forest areas as specially protected areas according to environmental conditions.

The Environmental Protection Act provides for Environmental impact assessments (EIAs). In the Fourth Schedule of the Act, there is a list of projects requiring EIAs, such as for the construction of ecotourism facilities, the harvesting and utilisation of forest resources, the extraction and conversion of mineral resources, or the use of genetically modified organisms. Moreover, the Environmental Protection Agency (EPA) may require EIAs for other types of projects that are not listed in the Act if it considers that the project will significantly affect the environment. The EPA has published generic and sector-specific guidelines on EIAs (e.g. EIA rules and procedures, forestry EIA guidelines, mining EIA guidelines). Social and gender impact assessments are not required under the current legal framework.

The Forests Act modifies the State Lands Act and differentiates state lands: state lands that have not been declared as state forests), state forests (i.e. areas declared as state forests by the Minister of Natural Resources), private lands (i.e. lands that are not either public lands or village lands), and village lands (i.e. lands of Amerindian villages under a land title).

Hunting, fishing and ecotourism areas may be established on public, community or private property. The Wildlife Conservation, Management and Sustainable Use Regulations enable the Guyana Wildlife Conservation and Management Commission (GWCMC) to enter into agreements with other public institutions for the creation of wildlife management and conservation areas on state lands. These areas can also be established in private lands through agreements with the landowners. Forest Conservation Areas can also be created in private lands according to the Forests Act. The Protected Areas Act provides for the creation of Amerindian Protected Areas on village lands.

The Constitution, in its preamble, recognizes the rights of indigenous populations to land. The Amerindian Act further establishes a land titling and demarcation process to grant land titles and extensions by formal request. Customary land tenure regimes are not always fully included in the land demarcation process, resulting in a lack of land titles for several Amerindian communities, and land titles that do not cover the total extent of customary lands for several Amerindian villages. Moreover, subsoil resources (minerals) are explicitly excluded from land titles granted to Amerindians. It is not clear whether waters (e.g. creeks, rivers) are included or not.

The legal framework sets some regulations related to the overlap of hunting/fishing areas and Protected Areas and Forest Areas. Although the Protected Areas Act does not explicitly regulate overlapping areas it provides for the protection of Amerindian traditional rights over protected areas. Similarly, the Wildlife Conservation, Management and Sustainable Use Regulations establish that programmes for wildlife conservation areas shall not affect the existing rights under Amerindian titles, concessions, leases and permits granted by the State. The Forests Act also provides for concessions in state forests, granting rights to enter, occupy, cut and carry out other specified forest operations or conservation operations. The same Act allows Amerindians to exercise their rights or privileges over State forests under sustainable, non-commercial practices. The Amerindian Act establishes that traditional rights can be exercised over state lands and state forests but subject to the rights that private leaseholders had at the time the Amerindian Act came into force. This might undermine the rights of Amerindians and create conflicts with ranchers holding a private lease. This gap is partly addressed by the Forests Act, which establishes that permits, concessions, leases and licences granted under the State Lands Act 1903 shall not be renewed after expiration. The Amerindian Act requires the written consent of Amerindians for the establishment of any protected area on village lands as well as on lands occupied or used by an Amerindian community.

As regards mining, the Amerindian Act grants village councils veto power over small- and medium-scale mining on their titled land. For large-scale mining, a village council may refuse to give its consent, in which case, the Minister responsible for mining can declare that the mining activities are in the public interest and sign the agreement with the miner on behalf of the village.

The Constitution requires all expropriation to be carried out under the authority of a law and accompanied by adequate compensation. However, it also provides for several exceptions to this principle, among which the compulsory seizure or acquisition of the property of Amerindians for its care, protection and management, as well as the compulsory seizure or acquisition of any right, title or interest held by any person in or over any lands situated in an Amerindian district, area or village established under the Amerindian Act for the purpose of its termination or transfer for the benefit of an Amerindian community.

According to the Acquisition of Lands for Public Purposes Act, it is lawful for the State to acquire land for the construction of a public work or for a public purpose, subject to the payment of a compensation. The Act defines what a public work is and sets out the conditions under which a work may be declared a ‘public work’. However, there is no definition of ‘public purpose’ nor criteria to determine under which circumstances a land might be required for public purpose. Furthermore, it is not explicitly stated whether the provisions of the Act apply for any compulsory acquisition by the State, or whether sectoral legislations might set out their own conditions.

The Constitution of Guyana makes provisions for the division of the country into ten regions governed by local democratic organs in charge of the management and development of their governed areas. It further provides for regional development programmes to be integrated into national development plans.

The Amerindian Act establishes the functions of the village councils at the local level for Amerindian villages; for example, the council inter alia, manages the sustainable use of village land resources and sets out rules governing wildlife, including restrictions on hunting, fishing and trapping. The village council also manages and regulates the occupation of village lands. However, rules established by village councils come into effect only when approved by the Minister and published in the Official Gazette. Amerindian communities are not legally recognized as villages, but community councils established before 2003 may be recognized by a ministry order that grants them the power to regulate the exercise of traditional rights over State lands. The Amerindian Act also establishes the National Toshaos Council as the representative body of village councils at the national level.

The Guyana Lands and Surveys Commission Act establishes the functions of the Commission with respect to land tenure (i.e. it awards grants and grants leases and permits over state lands) and land planning (i.e. it prepares land use plans).

The Town and Country Planning Act establishes functions at the national and local levels for the development of land schemes to control the development of lands. It establishes the functions of the Central Housing Planning Authority at the national level and the functions of local authorities or councils at the local level regarding the preparation and adoption of land schemes.

The Wildlife Conservation and Management Act establishes the functions of the Guyana Wildlife Conservation and Management Commission (GWCMC) regarding wildlife tenure (e.g. granting of licences and permits). It also establishes the role of the GWCMC, i.e. to promote cooperation with regional institutions, and its duty to support mechanisms that ensure the participation of Amerindian villages in the effective protection, conservation, management and sustainable use of wildlife in their titled lands.

The Wildlife Conservation and Management Act establishes the functions of the Guyana Wildlife Conservation and Management Commission (GWCMC) that should be exercised in collaboration with other institutions, such as the assessment, and reporting on the status of, wildlife species in Guyana. It also establishes that the Commission shall promote cooperation with other institutions in the conservation, management and sustainable use of wildlife. The Act also provides that all public authorities should cooperate with the Commission for the enforcement of the Act.

According to the Wildlife Conservation, Management and Sustainable Use Regulations, the GWCMC must consult with local authorities in the re-classification or deletion of wildlife species endemic to a particular area. Also, according to the Regulations, the GWCMC must consult with all stakeholders (including other authorities, village councils, local communities and individuals where applicable) in the preparation of a programme for a wildlife conservation area. The legal framework does not establish clear procedures for these coordination processes.

The Constitution provides for the coordination of regions and the Government in the implementation of development programmes. The Town and Country Planning Act provides for coordination between the Central Housing Planning Authority and local institutions in the preparation and adoption of land schemes.

The Wildlife Conservation and Management Act enables the Guyana Wildlife Conservation and Management Commission (GWCMC) to delegate its powers and functions under the Act (except the power of delegation) to any institution, person or body. It is thus possible for the powers to be delegated to non-governmental stakeholders. The GWCMC may only delegate its powers with the written consent from the Ministry and within the limitations, conditions and qualifications decided by the Minister. The Act also establishes that the delegation of power shall be set out in writing in a document. The name of the institution, person or body to whom the power is delegated shall be published in the official gazette. The delegation of powers must also specify if sub-delegation is possible and to which institution, person, or body these powers may be sub-delegated. The delegated institution, person or body shall comply with all instructions of the GWCMC in exercising its powers and functions. The Minister of the Presidency can delegate ministerial powers to the GWCMC, except the power to make subsidiary legislation under the Act.

Regarding land planning, the Town and Country Planning Act provides for two or more local authorities to delegate functions related to the preparation or adoption of a scheme to a joint committee.