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
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