1. Coastal Adaptation Towards a legal framework Jonathan Verschuuren Jan McDonald (UTAS)

2. Content >What are the early experiences with coastal adaptation policies in the EU and Australia? >Focus on identifying important features of a regulatory framework for coastal adaptation >Methodology: Review & analysis of existing international and EU law Review & analysis of existing domestic laws and policies and court cases in the UK, Netherlands, Australia

3. Coastal adaptation Coastal cities: >1.2b people (1990)→1.8/5.2b (2080) >⅓ GDP of 22 coastal EU states is generated within 50km of coastline >Most coastal cities already rely on engineered coastal fortification >Estuaries face double threat: sea level rise + altered precipitation and run-off >Storms + soil subsidence 0.6m slr + 0.2/1.1m storm + 1.0 soil subsidence = 1.8m (2100) + potential breakdown of West Antarctica and Greenland ice sheets

4. Coastal adaptation practices (IPCC 2007)

5. Early experiences (I) International law: >No specific requirements UNFCCC >Projects under Adaptation Fund >Resolutions under: Ramsar Convention (wetlands as natural sea defences, floodplains) OSPAR (Integrated Coastal Zone Management, marine spatial planning) UNCLOS (increase resilience of coastal and marine ecosystems)

6. Early experiences (II) EU law: >Water Framework Directive (2000) Instruments allow for integration of coastal adaptation >Floods Directive (2007) Flood mitigation has to be integrated into WFD instruments Inland and coastal flooding >Prelim. Flood Risk Assessment (2011) >Flood Hazard Map (2013) >Flood Risk Map (2013) >Flood Risk Management Plan (2015)

7. Early experiences (III) EU law (cont.) >Marine Strategy Framework Directive (2008) Integrated coastal zone management has to include adaptation measures >Strategy >Programme of measures Does NOT refer to Floods Directive (compartmentalization)

8. Early experiences (IV) Domestic: Netherlands >Water Act (2009) National Water Plan (2009-2015) >National Flood Defence Construction programme >Sand Nourishment programme >Room for the River programme Safety norms dikes/embankments Conferral of power to take all measures in case of danger to Minister

9. Early experiences (V) Obligation to organize exercises Duties for property owners, powers for authorised officers Prohibition to interfere with coastal defence works Range of obligations and limitations in relation to water storage areas Compulsory acquisition of land Right to compensation Delta Programme (2011) Delta Programme Commissioner (2011) Delta Fund (€1b/yr as of 2020) (2011)

10. Early experiences (VI) Spatial planning law >Natural flood plains, designated flooding areas >Land reservation Short term: relocation of dykes Long term: safeguard land against large-scale and/ort capital intensive developments

11. Early experiences (VII) Domestic: UK >Similar analysis. Like the Neths, strong focus on ‘managed alignment’, enhancing capacity mudflats/salt- marshes to act as a buffer and absorb wave energy >Main differences to Netherlands More locally organized, although coordination does take place Strong focus on London (Thames Estuary 2100)

12. Early experiences (VIII) Domestic: Australia >No extensive regulatory framework >Planning law at state level >Much litigation between land owners and coastal authorities

13. Conclusions: features of regulatory regime (I) 1.Clarify adaptation objectives for each part of the coast Fixed decision-making process involving stakeholders/residents Determines everything! Clarity and enforceability most critical elements of any framework 2.Integrate coastal adaptation into: coastal zone management river basin management biodiversity policy and law

14. Conclusions: features of regulatory regime (II) 3.Plan into the future Overarching, long-term vision Binding commitments for future authorities and land-owners Preserve future adaptation options Leave room for manoeuvre 4.Distribute and clarify competences Find balance: site-specific approach without fragmentation Multi-level/multi-sectoral engagement

15. Conclusions: features of regulatory regime (III) 5.Supervise implementation Wide range of legal instruments applied by variety of authorities and other actors (landowners!): effective coordination and supervision needed 6.Attribute sufficient funds Set aside fixed amounts of money for future works (and make these inaccessible for other purposes) Compensation scheme 7.Prepare for natural disasters Wide range of flood preparedness measures

16. Future research & challenges Future research on: >Dealing with uncertainty Connect to recent studies into implementation of precautionary approach >Dealing with long-term policies (2100!) How to bind future governments? >Can we continue to rely on traditional legal instruments? Will gradual adaptation remain possible? >Prepare society for retreat