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.

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 traditionlegal 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 conservation Purchase 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 PAsConnectivity 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 ForestsSoils Sustainable resource use laws Climate change laws Other sectoral laws TransportationEnergy 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 AdvantagesLimitations Covers large areasAdvance planning for future development, does not deal with existing uses Research-basedFocuses 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 plansSecurity – 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 developmentFor 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 control Pollution 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 incentives Management payments & tax incentives Negative incentives Taxes & charges Payments for ecosystem services Public investment Market schemes Tradable development rights

Economic measures Negative incentives Taxes & charges Positive incentives Management 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 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

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…

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… Tradable development rights Market schemes Conservation banking/ biobanking Connectivity & emissions trading Biodiversity offsets  Market mechanisms must be established by law and regulated

Economic measures Tradable development rights 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 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 instruments available for connectivity conservation

Core Texts

Building Capacity on Protected Areas Law & Governance Module 9 Connectivity – Legal Issues Seminar Presentation knowledge transfer Exercises skills development