Building Capacity on Protected Areas Law Governance Module
Building Capacity on Protected Areas Law & Governance Module 9 Connectivity– Legal Issues
National policy and law Most legal systems already have regulatory and incentive regimes available to support getting started with connectivity conservation. Explicit legal support and legal authority are increasingly important for connectivity conservation. Legal approaches to connectivity conservation will vary. Connectivity conservation requires legal and institutional harmonization and integration across sectors. Economic instruments that provide incentives for connectivity conservation are commonly used in combination with direct regulation. Connectivity– Legal Issues
Overview of the Seminar Connectivity conservation and the law Connectivity conservation and voluntary conserved areas
Objectives Explain the importance of national law for connectivity conservation Identify the many different legal instruments and options already available for connectivity conservation Introduce the ways in which voluntary agreements can support connectivity conservation
Outcomes Understanding of the role of national law in connectivity conservation Awareness of the many different legal options available for connectivity conservation Understanding of the factors that influence the choice of legal options for connectivity conservation
Overview of the Seminar Connectivity conservation and the law Connectivity conservation and voluntary conserved areas
Acknowledging Diversity differences legal tradition legal process legal hierarchy inst’al framework socio/eco concerns conserv priorities
National Frameworks Policies and plans Usually not legally-binding Laws and regulations Legally-binding Specific connectivity law Sectoral laws Voluntary agreements May or may not be legally binding
Overview of the Seminar Connectivity conservation and the law
National Laws & Regulations Direct regulation to require certain action Carrot & Stick Incentives for voluntary action Command control Promote and reward Restrictions Monetary and non-monetary incentives Convince people not to do things that harm the environment Purchase Convince people to take positive action for conservation
Specific vs. Sectoral Laws Specific connectivity law Advantage: Consolidates all options for connectivity conservation in one legal instrument Disadvantages: Significant, multiple and complex legal and institutional issues Development and negotiating process may take years Sectoral laws Advantages: Already exist May be used immediately Disadvantages: Rarely harmonized with each other and may actually conflict Administered by different authorities
Specific Connectivity Law Baekdu-Daegan Mountain System 2003 law created the Baekdu-Daegan Mountain System (BDMS) BDMS includes 183 PAs of 11 different types, governed by six separate laws, and administered by three government ministries BDMS Framework Plan Korean Forest Service (KFS) has overall responsibility KFS coordinates with Ministry of Environment/Korean National Park Service and other ministries that administer protected areas.
Sectoral Laws… PA Laws Connectivity within PAs Connectivity between PAs Planning for a PA PA Systems Plan Consultation & Cooperation Site Management Plans Voluntary Conservation Initiatives
Sectoral Laws… Biodiversity conservation laws Nature conservation laws Specific ecosystem/habitat laws Wildlife conservation laws Wetlands General wildlife conservation Grasslands Endangered species Mangroves Hunting
Sectoral Laws Sustainable resource use laws Forests Soils Agriculture Water laws/ environmental flows Climate change laws Other sectoral laws Transportation Energy Mining
Spatial planning & development control Land use planning law can set regulatory ground rules to support connectivity conservation. Zoning can be used to identify areas important for connectivity conservation and protect them from incompatible development. Regulating existing land uses may require compensating land owners for making changes in land management. Land use planning systems that regulate both urban and rural development have the greatest potential for comprehensive development control that can support connectivity conservation. Development control needs to protect connectivity conservation from the cumulative impact of multiple small-scale developments.
Spatial planning… Direct regulation Potential for supporting connectivity conservation Advantages Limitations Covers large areas Advance planning for future development, does not deal with existing uses Research-based Focuses on appropriate development, not on whethere should be development at all Sets standards for changes in land sea uses Regulates development rather than ensuring active land marine management Integrates with conservation plans Security – land sea use plans are usually limited to a specified number of years and may be relatively easy to change to permit development
Spatial planning Strategic environmental assessment Existing land uses Active management Integrating spatial & conservation planning
Active management… Netherlands Ecological Network Includes PAs, buffer zones, and corridors linking them Relies on several different legal measures: EU Directives that govern Natura 2000 sites National laws that govern PAs National, provincial and local spatial planning law and regulations for all areas outside of PAs Prohibit or restrict development that would have a negative impact within and outside of the Network National environmental standards/pollution control laws
Active management… Zoning Direct regulation Map-based Facilitates compatible development Prohibits or controls incompatible development Re-zoning For development For conservation
Active management Zoning – examples Australia – New South Wales state legislation enables environmental protection zones France – national land use planning legislation supports connectivity conservation corridors at municipal and inter-municipal level South Africa – provincial planning legislation uses zoning to maintain connectivity corridors between PA buffer zones
Integrating planning… South Africa, Western Cape Province Municipal spatial planning for the future must be aligned with biodiversity planning Integrated development plans (IDPs), spatial development frameworks (SDFs) and structure plans Municipalities use land use management tools to promote connectivity conservation Zoning and sub-division Environmental overlay zones Development control EIA, critical biodiversity areas
Integrating planning New South Wales (NSW), Australia Land use plans must defer to conservation plans for national parks 2010 amendments to the NSW Threatened Species Conservation Act enable biodiversity certification of land use plans Objective of biodiversity certification: Identify and protect areas of high conservation value Early in the planning process To offset biodiversity impacts strategically Certification is optional
Development Control… 2 primary purposes: Secure existing connectivity for the long term Protect from development fragmented landscapes that are being rehabilitated Discretionary decision-making Direct regulation Linked to land use plans Not linked to land use plans EIA Pollution control Building control Species protection
Development Control Decision-making Environmental impact assessment Cumulative impacts Legally required Integrating connectivity conservation in approval process Requires clear standards/criteria Approvals with conditions Directly related to development Potential for modifying Biodiversity offsets
Biodiversity Offsets Mechanism to compensate for environmental degradation or loss due to development Examples: European Union EU Habitats Directive Any project with negative impacts on a Natura 2000 site must compensate for any loss of habitat function in the Natura 2000 network New South Wales, Australia Threatened Species Conservation Act 1995 Voluntary Linked to biodiversity certification and NSW biobanking scheme
Economic measures… Alternative/complement to direct regulation Introduce the element of choice Negative incentives Taxes & charges Positive incentives Management payments & tax incentives Payments for ecosystem services Public investment Market schemes Tradable development rights
Economic measures Negative incentives Taxes & charges Remedy market failure Perverse incentives Developers pay for negative externalities Positive incentives Management payments & tax incentives Reduce market failure Reward active management
Positive incentives… Netherlands Ecological Network 2001 subsidy programme for nature and landscape management (SNL) Finances projects within the Netherlands Ecological Network 6 -year period Projects grouped in two types of ‘packages’: Farmland Natural habitats Landowners must participate in at least one package of projects
Positive incentives Public payments and incentives UK Hedgerow Incentive Scheme Kenya Incentives for allowing connectivity needed for annual zebra and wildebeest migration New South Wales, Australia Tax exemptions & deductions for active land management EU Common Agricultural Policy
Economic measures… Payments for ecosystem services Private contractual payments Public investment Public payments for changing existing land uses Public payments for active management
Economic measures… Payments for ecosystem services Private contractual payments France – Vittel contracted with farmers to maintain water quality Public payment schemes Costa Rica – voluntary contributions and national taxes feed into the National Forest Financing Fund which compensates landowners who qualify for Forest Conservation Certificates Public investment EU LIFE programme Corridors for Cantabrian brown bear conservation in northern Spain
Economic measures… Market mechanisms must be established by law and regulated Market schemes Conservation banking/ biobanking Biodiversity offsets Tradable development rights Connectivity & emissions trading Biodiversity offsets
Economic measures Market schemes Conservation banking/biobanking New South Wales, Australia Biobanking agreement Biodiversity credits earned under biobanking agreement can be sold Sale proceeds go to conservation trust fund Tradable development rights EU+New Zealand Emissions Trading Scheme Largest multi-national greenhouse gas emissions trading scheme in the world Could be used in conjunction with UN REDD to support forest connectivity
Overview of the Seminar Connectivity conservation and the law Connectivity conservation and voluntary conserved areas
Voluntary Conserved Areas Ecosystem approach Scientific framework for defining connectivity conservation needs and areas Where areas identified for connectivity conservation are private or communal, successful connectivity conservation will depend on initiatives by rightsholders in the area Initiatives by private and community rightsholders to undertake active management for connectivity should be voluntary
Voluntary Agreements… Alternative/complement to direct regulation Mechanisms for achieving active management, delivering targeted incentives, and modifying existing land use and land management Require negotiation that may be time-consuming Between whom Common law Civil law About what Control existing uses Promote active management Security Indefinite vs fixed duration
Voluntary Agreements New South Wales, Australia Revolving funds Option for funding voluntary active management of land for connectivity conservation State legislation created a conservation trust that buys land from land owners who are not willing to enter into a voluntary agreement but who are willing to sell The trust can then sell the land to a buyer that is willing to enter into a long-term voluntary conservation agreement Proceeds from sales are reinvested in buying other properties
Overview of the Seminar Connectivity conservation and the law Connectivity conservation and voluntary conserved areas
Objectives Explain the importance of national law for connectivity conservation Identify the many different legal instruments already available for connectivity conservation Introduce the ways in which voluntary agreements can support connectivity conservation
Outcomes Understanding of the role of national law in connectivity conservation Awareness of the many different legal instruments available for connectivity conservation Understanding of the factors that influence the choice of legal options for connectivity conservation
Core Texts
Building Capacity on Protected Areas Law & Governance Module 9 Seminar Presentation Exercises knowledge transfer skills development Connectivity – Legal Issues
- Slides: 43