Legal Aspects Related to Brownfield Regeneration Prof. Maros Finka, M.Arch. PhD., „This project has been funded with support from the European Commission. This publication [communication] reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.“

Contents Contexts of legal instruments in brownfields redevelopment Legal framework for brownfield regeneration Legal and institutional preconditions for brownfield regeneration ROUND TABLE DISCUSSION Transferability and innovations in legal and institutional instruments Conclusions

Context of legal instruments in the system of brownfield regeneration instruments   Structure of the instruments supporting brownfield regeneration Types/categories of instruments Core instruments Legal and institutional instruments Planning instruments Economic and Financial instruments Technical instruments Complementary Instruments

Brownfield regeneration as a specific problem of legal environment Integrative and particular legal acts Particular problems in brownfield regeneration and sectoral legal framework Management and planning legal framework Involvement of public and private sector in the contexts of legal framework Legal framework for public intervention Legal preconditons for integration of social, economic, environmental and cultural aspects

Legal and institutional preconditions for different organisational models of brownfield regeneration managment Management provided: exclusively by the local government body by the local government body focusing on the coordination of the re-development activities taken by the different public and private stakeholders by the special unit (e.g. development agency) empowered by the public body by the joint institution established in the public-private partnership (PPP) by private investor under the collaboration under the cooperation with the other stakeholders (public representatives incl.) by the exclusive developer

National specific system of legal and institutional instruments – overview National specific system of legal and institutional instruments I. Main types/ categories /fields of instruments Legal Instruments   Property registration and description National Property Property ownership Land consolidation Development, planning, construction Environmental legislation Agricultural land protection Self-governmental responsibilities at the regional, micro-regional and local levels Minerals protection law Forestry law Cultural heritage Norms and Standards Orders, Decrees Procurement law Legal procedures Other legal instruments

National specific system of legal and institutional instruments - overview National specific system of legal and institutional instruments II. Main types/ categories /fields of instruments Institutional Instruments   State and self governmental bodies Local level State and self- governmental bodies Mircro-regional and regional level National level Specialised professional units Joint coordination and management bodies at the local, micro-regional, regional and national level Agreements, contracts Policies Other supporting institutions

National and local brownfield regeneration policies and management National policies are mostly focused on: identification of brownfields, and brownfield regeneration strategy identification of the need of external interventions providing support for the interventions (financial, organisational, institutional...) coordination of local components Local policies represent mostly: specific brownfield regeneration strategy needs examination of the wider impacts of the intervention regarding the surroundings key role in brownfield regeneration management, as the integrated part of spatial development management at the local level, including the planning processes active role in promoting brownfield regeneration by providing a complex policy framework integrating the sectoral policies (fiscal – subsidies, allowances, taxes, environmental – limits, fees, directions, orders, social-benefits, public services and resources – raw materials, financial, infrastructure, human sources) co-ordination of sectoral policies, allocation of the resources, coordination of the exploitation of the sources in time and space is crucial role of the spatial development planning and especially land-use planning.

The role of legal aspects in the brownfield regeneration process Introducing a set of legal instruments to reflect the pressing problem of abandoned old industrial sites, framing the brownfield regeneration processes allows more active interventions by the state: to facilitate these processes, to focus financial and other sources on defined priorities, and to achieve much better progress in brownfield regeneration .  

Round table discussion Moderated discussion focused on following questions: Where can you see the gaps in current legal and institutional system regarding brownfield regeneration (country-specific gaps in the respective countries of the course participants) Where can you see, based on your own experience, the inspirations for filling the gaps in national specific legal and institutional systems regarding the process of brownfield regeneration.

Transferability and innovations in legal and institutional instruments for brownfield regeneration Development in legal and institutional frameworks of the brownfield regeneration process at the EU level Outputs from the comparison of national specific legal and institutional frameworks among the project partner countries Innovation needs in the respective country Possibility for the transfer of approved instruments from other project partner countries and EU countries Opportunity to use the outputs from the research projects supported by the EU

Conclusions – What did we learn? The contexts and synergies of the legal and instutional aspects in brownfield regeneration management. The key legal and institutional instruments supporting the brownfield redevelopment. The possiblity for transfer of best practice from other countries. The innovative approaches in legal and institutional frameworks for brownfield regeneration.

Thank you for your attention http://browntrans.vsb.cz „This project has been funded with support from the European Commission. This publication [communication] reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.“