Building Capacity on Protected Areas Law & Governance Module 9 Connectivity– Legal Issues

Building Capacity on Protected Areas Law & Governance

Module 9

Connectivity– Legal Issues

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.

Overview of the Seminar

Connectivity conservation and the law

Connectivity conservation and voluntary conserved areas

Objectives

Introduce the ways in which voluntary agreements can support

connectivity conservation

Identify the many different legal instruments and options already available for

connectivity conservation

Explain the importance of national law for connectivity conservation

Outcomes

Understanding of the factors that influence the choice of legal options for

connectivity conservation

Understanding of the role of national law in connectivity conservation

Awareness of the many different legal options available 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

Incentives for voluntary action

Command and control

Monetary and non-monetary

incentives

Carrot & Stick

Convince people to take positive

action for conservationPurchase

Promote and reward

Convince people not to do things that harm the environment

Restrictions

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

PA Systems PlanPlanning for a PA

Consultation & Cooperation

Site Management Plans

Voluntary Conservation

Initiatives

Endangered species

Biodiversity conservation laws

Nature conservation laws

Wildlife conservation laws

General wildlife conservation

Specific ecosystem/habitat

laws

Hunting

Wetlands

Grasslands

Mangroves

Sectoral Laws…

Agriculture

Water laws/environmental flows

Forests Soils

Sustainable resource use laws

Climate change laws

Other sectoral laws

Transportation Energy Mining

Sectoral Laws

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 whether there should be development at all

Sets standards for changes in land and sea uses

Regulates development rather than ensuring active land and marine management

Integrates with conservation plans Security – land and sea use plans are usually limited to a specified number of years and may be relatively easy to change to permit development

Strategic environmental assessment

Integrating spatial & conservation planning

Existing land uses

Active management

Spatial 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

Re-zoning

Map-based

Facilitates compatible development

Prohibits or controls incompatible development

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

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

Integrating planning

Development Control…

Discretionary decision-making

Linked to land use plans

Species protection

2 primary purposes: Secure existing connectivity for the long term Protect from development fragmented landscapes that are being

rehabilitated

Not linked to land use plans

EIA

Building controlPollution control

Direct regulation

Development Control

Decision-making

Legally required

Environmental impact assessment

Requires clear standards/criteria

Cumulative impacts

Integrating connectivity conservation in approval process

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 bio-

banking scheme

Economic measures… Alternative/complement to direct regulation

Introduce the element of choice

Positive incentivesManagement payments

& tax incentives

Negative incentivesTaxes & charges

Payments for ecosystem services

Public investment

Market schemes Tradable development rights

Economic measuresNegative incentives

Taxes & charges

Positive incentivesManagement payments

& tax incentives

Remedy market failure

Developers pay for negative externalities

Reward active management

Reduce market failure

Perverse incentives

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 incentivesPublic 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

Payments for ecosystem services

Public investment

Public payments for changing existing land uses

Public payments for active management

Private contractual payments

Public payments

Economic measures…

Economic measures…Payments for ecosystem services

Private contractual payments France – Vittel contracted with farmers to maintain water

qualityPublic 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…

Tradable development rights

Market schemes

Conservation banking/ biobanking

Connectivity & emissions trading

Biodiversity offsets

Biodiversity offsets

Market mechanisms must be established by law and regulated

Economic measures

Tradable development rights

Market schemes

Conservation banking/biobankingNew South Wales, Australia

Biobanking agreement Biodiversity credits earned under biobanking agreement

can be sold Sale proceeds go to conservation trust fund

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…

Between whom

Promote active management

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

About what

Security

Civil lawCommon law

Control existing uses

Indefinite vs fixed duration

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

Voluntary Agreements

Overview of the Seminar

Connectivity conservation and the law

Connectivity conservation and voluntary conserved areas

Objectives

Introduce the ways in which voluntary agreements can support

connectivity conservation

Identify the many different legal instruments already available for

connectivity conservation

Explain the importance of national law for connectivity conservation

Outcomes

Understanding of the factors that influence the choice of legal options for

connectivity conservation

Understanding of the role of national law in connectivity conservation

Awareness of the many different legal instrumentsavailable for connectivity conservation

Core Texts

Building Capacity on Protected Areas Law & Governance

Module 9

Connectivity – Legal Issues

SeminarPresentation

knowledge transfer

Exercises

skills development