Building Capacity on Protected Areas Law & Governance

Building Capacity on Protected Areas Law & Governance
Module 9 Photos: Upper left: Baekdu-Daegan Mountain System, Republic of Korea © Korean National Park Service Upper right: Yellowstone to Yukon Corridor, Yellowstone National Park, USA © Graeme L. Worboys Lower left: Gondwanalink Connectivity Corridor, Fitzgerald National Park, Western Australia © Graeme L. Worboys Lower right: Altai-Sayan MegaConnectivity Corridor, Altai Republic, Russia © Graeme L. Worboys NOTES FOR EDUCATOR Provide brief context to the module. Ninth module in IUCN course on Building Capacity on PA Law and Governance. The emergence of connectivity conservation as a field of scientific study has compelled law and policy makers to consider how the law can be used to promote it in practice. Very few national legal systems have specific provisions on connectivity conservation, but most have a variety of legal options that can be used to support connectivity conservation. Connectivity conservation can be used effectively both within and outside protected areas. This module focuses on legal mechanisms for promoting connectivity conservation outside of protected areas. These legal mechanisms can be incorporated into specific connectivity conservation laws or other sectoral laws. This module provides Learners with a broad introduction to, and overview of, legal mechanisms in existing national law that may support connectivity conservation, as well as emerging options. 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. NOTES FOR EDUCATOR Highlight the fact that most countries already have a variety of legal instruments that can be used to support connectivity conservation. Highlight the fact that connectivity conservation is increasingly important for nature conservation overall, in particular for adapting to climate change, and requires explicit legal support. Legal approaches can differ very widely and may include one or more of the following: Incorporate connectivity conservation into umbrella laws which may be focused on conservation, sustainable use, biodiversity, protected areas, or other issues. Embed connectivity in conservation policies and plans Embed connectivity in land use planning and zoning Integrate conservation planning and land use planning Embed connectivity in development control tools, including EIA Promote connectivity through permitting schemes Use administrative measures to promote connectivity Introduce fiscal measures to promote connectivity Make provision for voluntary measures/agreements to facilitate connectivity. Enact a specific law for connectivity conservation or specific laws for individual, large-scale connectivity conservation initiatives. Thorough knowledge of all the above legal mechanisms is essential to anyone tasked with understanding, implementing, reviewing or drafting protected areas law or legislation to promote connectivity conservation. Connectivity conservation requires legal and institutional harmonization and integration across sectors. Provide legal support for cross-sectoral coordination mechanisms. Large-scale connectivity conservation areas in particular require multiple sectors to harmonize laws and coordinate implementation. In many countries, it may be necessary to amend older laws to harmonize them and make it possible to fully implement connectivity conservation and achieve co-benefits for conservation and climate change response. Or countries may enact new laws that are harmonized across sectors to provide explicit support for connectivity conservation after gaining experience with it. Incorporate connectivity conservation into laws that regulate economic incentives and other economic instruments. Enable: Positive incentives for active management Payments for ecosystem services Conservation banking Biodiversity offsets Tradable development rights Connectivity– Legal Issues

Overview of the Seminar
Connectivity conservation and the law Connectivity conservation and voluntary conserved areas NOTES FOR EDUCATOR Highlight the fact that all of the relationships between connectivity conservation and law that this seminar presents are illustrations. These relationships are not exclusive and are not limitations on the way any jurisdiction may decide to regulate connectivity conservation. Connectivity conservation and the law Specific connectivity law vs. sectoral laws Specific connectivity law Key sectoral laws and legal tools Conservation policies and plans Protected areas legislation Biodiversity conservation laws Nature conservation or nature protection laws Wildlife conservation laws Endangered species laws General wildlife conservation laws Hunting laws Sustainable resource use laws Forests Soils Sustainable agriculture Specific ecosystem or habitat-type legislation Wetlands Hydrologic connectivity Spatial planning Land use plans Conservation plans and policies Strategic environmental assessment of land use plans Integrated land use and conservation planning Marine spatial planning Development control Linked to land use plans Not linked to land use plans Requirements for formal environmental impact assessment Approval processes Requiring biodiversity offsets Economic measures Positive incentives Payments for ecosystem services Direct funding Market creation Tradable development rights Connectivity conservation and voluntary conserved areas Voluntary conserved areas Voluntary agreements Between whom About what Security

Objectives Explain the importance of national law
for connectivity conservation Identify the many different legal instruments and options already available for connectivity conservation NOTES FOR EDUCATOR Highlight that the overall objective of this module is to help learners find their way through the landscapes and seascapes of the national laws that can enable and support connectivity conservation. Then run through the specific objectives of the module as they appear on the slide - one at a time. Introduce the ways in which voluntary agreements can support connectivity conservation

Outcomes Understanding of the role of national law
in connectivity conservation Awareness of the many different legal options available for connectivity conservation NOTES FOR EDUCATOR Run through the expected outcomes of the module as they appear on the slide - one at a time. Understanding of the factors that influence the choice of legal options for connectivity conservation

Connectivity conservation and the law Connectivity conservation and voluntary conserved areas NOTES FOR EDUCATOR Return to the overview of the seminar and indicate that it will address two main substantive areas for a general introduction to the kinds of legal instruments most countries already have available to support connectivity conservation.

Acknowledging Diversity
differences legal tradition legal process legal hierarchy inst’al framework NOTES FOR EDUCATOR Begin by asking the Learners to picture each pebble as a different country/situation. Highlight that each pebble differs in its colour, shape, texture, composition, size and weight. Acknowledge that as with these pebbles, each country/situation differs significantly in respect of: Its legal traditions, culture and practices Its treatment of the relationship between policy and law Its law-making process Its hierarchy of legal instruments Its institutional framework Its socio-economic and environmental concerns and realities Its conservation priorities. Highlight that these differences need to be acknowledged when determining how to introduce connectivity conservation and, in particular, when introducing a new law or amending an existing law or laws to support connectivity conservation. Confirm that the issues to be discussed in this module introduce the range of national laws that support connectivity conservation. Legal professionals, PA authorities, and landowners need to understand: The scope of existing national laws that may provide support for connectivity conservation; The reasons why specific laws on connectivity conservation may be required; The role that voluntary conservation agreements can play in supporting connectivity conservation; How positive incentives for active management and other economic measures can support connectivity conservation. Then they need to examine, select, adapt and apply their understanding, subject to local needs and legal practice. socio/eco concerns conserv priorities

National Frameworks Policies and plans Laws and regulations
Usually not legally-binding Laws and regulations Legally-binding Specific connectivity law Sectoral laws Voluntary agreements May or may not be legally binding NOTES FOR EDUCATOR Ask Learners for examples of national policies, laws, and voluntary agreements that could support connectivity conservation. Most national regulatory regimes that govern issues related to connectivity conservation include a mix of non-legally-binding policies and plans, legally-binding laws and regulations, and voluntary agreements that may or may not be legally-binding. This seminar presentation focuses on legislation and voluntary agreements. Policies and plans may provide a foundation for legislation and voluntary agreements. Policies and plans Not legally binding, but often provide the foundation for laws and regulations May be based on constitutional provisions that address the environment, conservation, or sustainable use Include national conservation strategies and/or sustainable development strategies Include plans that are required under international conventions: National Biodiversity Strategies and Action Plans (NBSAP) Climate change – National Adaptation Plans of Action (NAPA) and Nationally Appropriate Mitigation Actions (NAMA) Laws and regulations and voluntary agreements are often used to implement policy.

Connectivity conservation and the law NOTES FOR EDUCATOR This part of the seminar presentation will examine the kinds of legal instruments most countries already have available to support connectivity conservation and options for using them. This part of the seminar presentation is organized as follows: Connectivity conservation and the law Specific connectivity law vs. sectoral laws Specific connectivity law Key sectoral laws and legal tools Conservation policies and plans Protected areas legislation Biodiversity conservation laws Nature conservation or nature protection laws Wildlife conservation laws Endangered species laws General wildlife conservation laws Hunting laws Sustainable resource use laws Forests Soils Sustainable agriculture Specific ecosystem or habitat-type legislation Wetlands Hydrologic connectivity Spatial planning Land use plans Conservation plans and policies Strategic environmental assessment of land use plans Integrated land use and conservation planning Marine spatial planning Development control Linked to land use plans Not linked to land use plans Requirements for formal environmental impact assessment Approval processes Requiring biodiversity offsets Economic measures Positive incentives Payments for ecosystem services Direct funding Market creation Tradable development rights

National Laws & Regulations
Direct regulation to require certain action Incentives for voluntary action Carrot & Stick Command and control Promote and reward Restrictions Monetary and non-monetary incentives Convince people not to do things that harm the environment Convince people to take positive action for conservation NOTES FOR EDUCATOR Start by asking Learners what overarching kinds of things national laws and regulations can do to promote connectivity conservation. Having elicited responses from the Learners, highlight that there are substantive laws and procedural laws and that this presentation will focus on substantive laws. Two broad categories of national laws and regulations potentially govern connectivity conservation: Laws and regulations directly related to the national protected areas system Some protected areas laws and regulations may provide for connectivity conservation, either within individual protected areas, or between protected areas, or both. Laws and regulations not directly related to the national protected areas system Connectivity conservation outside protected areas will usually involve land, sea and resources that are not state-owned. The laws and regulations that govern ecosystems and resources outside protected areas are most likely to be the ones that will govern aspects of connectivity conservation. Direct regulation See Legal Aspects of Connectivity Conservation - A Concept Paper, paragraphs Command and control Prevent pollution Prevent illegal logging, illegal fishing, or illegal taking of any other natural resource Less effective in encouraging positive action Restrict development Most likely to be effective when the objective is to encourage people not to harm the environment Incentives for voluntary action Promote and reward Financial incentives, such as subsidies, with conditions Monetary and non-monetary incentives Non-monetary incentives such as technical assistance, training Example: Netherlands – farmers voluntarily organized themselves into Agriculture Nature Associations to help each other with nature conservation on their land. See Legal Aspects of Connectivity Conservation - A Concept Paper, page 80. Convince people to take positive action for conservation See Legal Aspects of Connectivity Conservation - A Concept Paper, paragraphs Combined “carrot & stick” approach Many substantive laws provide for combinations of direct regulation and incentives for voluntary action See Legal Aspects of Connectivity Conservation - A Concept Paper, paragraph 282. Government purchase and compulsory acquisition Enabled in most legal systems, but rarely used in practice See Legal Aspects of Connectivity Conservation - A Concept Paper, paragraph 283. Purchase

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 Rarely harmonized with each other and may actually conflict Administered by different authorities NOTES FOR EDUCATOR Using a specific law or sectoral laws to implement connectivity conservation has both advantages and disadvantages. Specific connectivity law Examples of specific connectivity laws are rare, and there are no well-established principles for such laws Generic connectivity law Would apply generally to connectivity conservation anywhere within the jurisdiction that enacts the law See Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs Site-specific connectivity law Applies to the particular connectivity conservation area for which it is adopted See Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs Advantages and disadvantages of specific connectivity laws are similar whether it is a generic or site-specific law. Sectoral Most countries have a variety of existing sectoral laws that govern issues and activities related to connectivity conservation. See Legal Aspects of Connectivity Conservation – A Concept Paper, Part II, Section 3.1. These laws were usually adopted at different times and are administered by different authorities. These laws may include: Umbrella environmental laws or codes Laws governing sectors including: Biodiversity conservation Protected areas Natural resource conservation Wildlife conservation Ecosystem/habitat conservation Sustainable use Forests Soils Agriculture Water Climate change Transportation Energy Mining

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. NOTES FOR EDUCATOR The Educator may replace this example with one from the country where the course is taught or the country or one of the countries of the Learners. This is an example of a specific connectivity law in force in South Korea. The Baekdu-Daegan Mountain System (BDMS) is a series of mountain ranges that runs from Mt Baekdu in North Korea to Mt Jiri in South Korea—the backbone of the Korean peninsula. The mountains are high in ecological value and hold great cultural and spiritual significance, yet they are under threat from increased road, rail and especially agricultural development. South Korea enacted the Baekdu-Daegan Mountain System Protection Act 2003 (BDMS Act), Act. No. 7284, in 2003 and amended it on 31 December 2004. The BDMS Act designates an area of 263,427 hectares, of which 86 per cent is made up of 183 protected areas existing at the time the Act entered into force. 14 per cent consists of new buffer and core areas created to complete the corridor. The BDMS Act builds on and retains existing protected areas and their respective legal authorities and implementing institutions. The MoE and the KFS are required to cooperate in establishing principles and standards for a BDMS Framework Plan, with management planning for an individual protected area to be carried out in accordance with their respective legislation so long as in compliance with the Plan. Extensive public participation was required in the BDMS Framework Plan’s formulation and continues to be required in its implementation To formulate the BDMS Framework Plan, more than 240 consultation meetings were held with local communities, local governments, non-governmental organizations and other stakeholders. Funding for the BDMS, including for research, comes from the central government with some local government contributions. From 2006 to 2009, the three ministries together invested approximately US$545.7 million in the BDMS. The BDMS Act provides incentives for income-generating projects for communities located within the BDMS. The BDMS experience shows that complex legal and administrative arrangements can work through a combination of legislative design and a cultural commitment to consultation at all stages of decision making. See Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs

Connectivity within PAs Connectivity between PAs
Sectoral Laws… PA Laws Connectivity within PAs Connectivity between PAs Planning for a PA PA Systems Plan Consultation & Cooperation NOTES FOR EDUCATOR See Module 4, which explains PA system plans and site management plans and how they should incorporate connectivity conservation. Highlight that an important internationally-recognised management principle that is included in many national PA laws is for PA system plans and site management plans to identify ecological corridors or other connectivity conservation areas, to support and protect the integrity of a site and the system overall. These connectivity conservation areas also provide flexibility for the adaptive management of a particular site to accommodate biome shifts and the impact of environmental and global change factors. Highlight that PA laws should promote the use of ecological corridors and connectivity conservation areas both within and between PAs, should explicitly enable connectivity conservation, and should create flexibility to use a range of legal options to implement connectivity. The are a number of ways through which PA laws can promote connectivity conservation: PA Systems Plan The PA law should provide that the PA system plan identifies on a map and in descriptive terms any ecological corridors and other connectivity conservation areas needed to support the priority conservation objectives of the system and of individual PAs. Planning for a PA The PA law may include a provision requiring that the necessary connectivity conservation areas are identified as part of the planning and establishment process for a PA. Consultation & Cooperation The PA law should impose a reciprocal duty on PA authorities (including PA policy, administrative and management authorities) and other public and private entities (including other sectoral government departments, indigenous peoples, local communities and private landowners) whose actions/decisions may impact on identified connectivity conservation areas, to consult and coordinate their functions, powers and duties. Site Management Plans The PA law should provide that site management plans or associated plans must identify on a map and in descriptive terms any ecological corridors needed to support the primary conservation objectives of the site, its long-term viability within the PA system, and the broader landscape or seascape of which it is a part. The PA law should provide guidance on additional information to include when identifying connectivity conservation areas for the site, such as: Main supportive conservation functions of these areas for the PA. Any special status such areas may already have under other legislation (for example, forest or fishery reserves, water catchment areas, community conserved areas, PPAs, environmental protection zones in land and sea use plans). Current ownership or other tenure status of the areas and resource uses, if known Sub-national government agencies involved in governing these areas, where relevant. Current or potential activities in these areas that pose a major threat to the functions they are meant to serve as connecting corridors. Activities in these areas that are currently or potentially compatible with or could advance the conservation functions of the PA. Voluntary Conservation Initiatives The PA law should encourage PA authorities and provide them with the legal mechanisms to explore and develop voluntary conservation arrangements with indigenous or local communities, or private landowners on lands or waters in designated connecting corridors for the purpose of promoting compatible activities in those areas. Other provisions of PA laws that could incorporate connectivity include: objectives, ecosystem approach, buffer zones, migratory species, jurisdictional issues, environmental impact assessment, coordination mechanisms, governance, voluntary conservation, incentives, monitoring and evaluation. Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. Site Management Plans Voluntary Conservation Initiatives

Biodiversity conservation Wildlife conservation
Sectoral Laws… Biodiversity conservation laws Nature conservation laws Specific ecosystem/habitat laws Wildlife conservation laws Wetlands General wildlife conservation Grasslands Endangered species NOTES FOR EDUCATOR Ask Learners for examples of national conservation laws that could support connectivity conservation. Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. Each type of law shown on the slide: Potentially has provisions that would support connectivity and/or Could be reviewed for updating/amendment to include connectivity Biodiversity conservation laws Should be coordinated with protected areas laws for maximum support Example: South Africa’s Biodiversity Act and Protected Areas Act. See Legal Aspects of Connectivity Conservation – Case Studies, pages Nature conservation laws These may be older laws, adopted before the 1990s when ‘biodiversity conservation’ began to be used, but may have provisions that support connectivity conservation Specific ecosystem/habitat laws Relatively new type of law and the field is still evolving Used to regulate ecosystem/habitat types that the PA system does not adequately protect Direct regulation Example: Denmark protects habitat types, specific zones, and forest buffer areas, all of which require connectivity. See Legal Aspects of Connectivity Conservation – A Concept Paper, Box II(3)-5. Wetlands – cover a wide range of inland and coastal ecosystems that provide hydrologic connectivity See Legal Aspects of Connectivity Conservation - A Concept Paper, page 102. Wildlife conservation laws Endangered species laws and hunting laws usually protect habitats of endangered species and other protected species. Provisions of wildlife laws that may support connectivity conservation include: Critical habitat designation and protection Recovery plans Habitat protection and conservation Voluntary conservation agreements to protect species and/or to improve private lands Mangroves Hunting

Sustainable resource use laws
Sectoral Laws Sustainable resource use laws Forests Soils Agriculture Water laws/ environmental flows Climate change laws Other sectoral laws NOTES FOR EDUCATOR Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. Ask Learners for examples of national laws on conservation and sustainable use that could support connectivity conservation. Each type of law shown on the slide: Potentially has provisions that would support connectivity and/or Could be reviewed for updating/amendment to include connectivity Sustainable resource use laws Forests Most common landscape type for connectivity corridors Provisions of forest laws that may support connectivity conservation include: Forest tenure Increased coordination among institutions responsible for managing activities in forests Devolving rights and responsibilities to local level Soils Healthy soils critical for connectivity conservation Soil conservation areas and agreements may support connectivity conservation Agriculture Linked to soils and biodiversity particularly of bees and other pollinators Example: Netherlands and Agriculture Nature Associations (Legal Aspects of Connectivity Conservation: A Concept Paper, p. 80) Water laws/environmental flows Ecosystem approach to integrated water management Needs to be based in policy, which should explicitly include connectivity See Modules 10 and 11 for examples of sectoral laws that govern coastal and marine areas. Mexico’s federal General Climate Change Law (Ley General de Cambio Climático, 6 June 2012, accessed 15 August 2015) identifies corridors as a climate change adaptation option. It requires the federal, state and municipal governments to create connectivity corridors and to set up contingency plans for protected areas and corridors in the event of extreme weather events. The Climate Change Fund that the law established can be used to promote connectivity. Other sectoral laws Laws which do not govern natural resources, but which govern processes and activities that impair the functioning of natural ecosystems systems and their ability to support connectivity conservation between protected areas, in particular by creating massive barriers for wildlife movement. For example: infrastructure generally, including construction of roads, conversion of roads from unpaved to paved, opening of new logging roads, canals, dam construction, and mining, among others These sectoral laws may provide for coordinating with land use planning or marine spatial planning generally but, unless they are very recent, are unlikely to specifically provide for taking connectivity conservation into account The authorities that administer these sectoral laws are important stakeholders in connectivity conservation Transportation Energy Mining

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. NOTES FOR EDUCATOR Highlight the fact that most countries already have some kind of land use planning and/or development control legislation, and some have marine spatial planning legislation, that can be used to support connectivity conservation. Land use planning traditionally focuses on facilitating future development, rather than facilitating conservation. Nevertheless, land use planning laws and zoning laws and marine spatial planning laws may already have provisions that can support connectivity conservation. Regulating existing land and sea uses is more complex than regulating future development. Persuading rightsholders to actively manage their land rights, fishing rights, and other rights in ways that support connectivity conservation requires measures that are not traditionally associated with land use planning and marine spatial planning. As a policy goal, modern land use planning and marine spatial planning legislation should require that such plans to be consistent with the provisions of conservation plans. Development control legislation is crucial for protecting existing connectivity in intact landscapes and seascapes, and guaranteeing long-term connectivity in fragmented landscapes and seascapes that have been restored.

Potential for supporting connectivity conservation
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 NOTES FOR EDUCATOR The subject matter of this part of the Seminar is connectivity conservation and spatial planning and development control laws. This is the first of seven slides that deal specifically with spatial planning. See Modules 10 and 11 for detailed information on marine spatial planning. Spatial planning, including land use planning and marine spatial planning, is a regulatory tool. See Modules 10 and 11 for more information on marine spatial planning. Ask Learners how they think land use planning can be used to support connectivity conservation. Land use planning/spatial planning/marine spatial planning has potential for: Establishing the relationship between protected areas, connectivity conservation, and the broader landscape/seascape Balancing development uses with connectivity conservation outside of protected areas Land use planning/spatial planning/marine spatial planning can be used to support connectivity conservation independent of PAs and the PA system. This table indicates advantages and limitations in the relationship between land use planning/spatial planning/marine spatial planning and connectivity conservation which need to be taken into account when creating a connectivity conservation area. There is much more experience with land use planning/spatial planning in Europe and other industrialized jurisdictions than in developing countries. Each country will have its own requirements. Land use plans/spatial plans/marine spatial plans may or may not be legally binding Land use planning/spatial planning may or may not include rural land and rural land uses There may be land use planning/spatial planning at the local level as well as the national level. Relationship between conservation plans and land use plans/spatial plans/marine spatial plans: Different ministries are usually responsible for preparing them Different planning methodologies Boundaries of land use plans/spatial plans/marine spatial plans are usually administrative Boundaries of conservation plans should be biophysical Land use plans/spatial plans/marine spatial plans should be consistent with conservation plans Example: Netherlands Ecological Network, which uses land use plans and zoning to create a network of core protected areas, buffer zones and connectivity corridors. Created in 1980s Uses a mix of policy and legal options, including allocation of budgets for land purchase and management subsidies, spatial planning, nature conservation legislation, protected areas legislation, and measures aimed at the improvement of environmental quality within the Network, in particular by addressing the problems posed by low water tables, surface water contamination, acidification, and nitrogen deposition. Comprises core areas, nature development areas, and connectivity zones Provincial governments delineated the Network components within their respective jurisdictions and incorporated more specific guidelines and criteria in land use planning and zoning laws. See The Netherlands Ecological Network. In The Legal Aspects of Connectivity Conservation – Case Studies. pp

environmental assessment conservation planning
Spatial planning Strategic environmental assessment Existing land uses Active management NOTES FOR EDUCATOR This slide introduces 4 issues closely related to spatial planning and zoning. Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. See Modules 10 and 11 for detailed information on connectivity conservation and marine spatial planning. Strategic environmental assessment (SEA) See Legal Aspects of Connectivity Conservation – A Concept Paper, Section and Box II(3)-2 Countries are progressively introducing strategic environmental assessment of policies and plans, in addition to environmental impact assessment of projects It is easier to integrate conservation into planning at the strategic level than at the development control level. Scientific criteria supporting connectivity conservation should be introduced into SEA. Existing land uses See Legal Aspects of Connectivity Conservation – A Concept Paper, Section 3.2.4 The laws of some countries exempt existing land uses from land use planning/spatial planning There can be difficulties in determining when an existing use ends and development begins. Intensifying an existing use, such as agriculture or fishing, may have impacts equivalent to new development. Exempting existing land and marine area uses from land use planning/spatial planning, marine spatial planning and conservation planning may limit options for connectivity conservation Active management See Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs 644, 655, 656, and 672. Where land use plans/spatial plans/marine spatial plans restrict or prohibit certain uses to support connectivity conservation, encouraging rightsholders to actively manage land and marine areas for connectivity conservation will likely require economic incentives. Integrating spatial and conservation planning See Legal Aspects of Connectivity Conservation – A Concept Paper, Section 3.2.7 Ideally, legislation should require land use plans and marine spatial plans to be consistent with: Conservation plans Provisions of recovery plans where they identify areas of habitat necessary for the recovery of threatened species Integrating spatial & conservation planning

Netherlands Ecological Network
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 NOTES FOR EDUCATOR The Educator may replace this example with one from the country of the course or the country or countries of the Learners. The subject matter of this part of the Seminar is connectivity conservation and spatial planning and development control laws. This is the second of seven slides that deal specifically with spatial planning. See Modules 10 and 11 for detailed information on connectivity conservation and marine spatial planning. This slide gives the example of one country, the Netherlands, which has adopted national, provincial and local spatial planning laws and regulations for all areas outside of protected areas. National network influences local urban and rural land use planning/spatial planning. Provincial and local zoning plans designate areas to be included in the Network. Local zoning plans prevent inappropriate development. Examples: large-scale cattle breeding, other industries that emit nitrates that have a negative impact on natural ecosystems/habitats. National regulation and individual permits can limit pollutant emissions within the Network. See Legal Aspects of Connectivity Conservation - A Concept Paper, Boxes II(3)-7 and II(3)-21; and Legal Aspects of Connectivity Conservation - Case Studies, pages

compatible development incompatible development
Active management… Zoning Direct regulation Map-based Facilitates compatible development Prohibits or controls incompatible development NOTES FOR EDUCATOR Ask Learners for examples of how zoning could be used to support connectivity conservation. Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. The subject matter of this part of the Seminar is connectivity conservation and spatial planning and development control laws. This is the third of seven slides that deal with spatial planning and the first of two slides that focus on how zoning, as a part of spatial planning, can be used to support connectivity conservation. See Modules 10 and 11 for information on connectivity conservation and zoning in marine spatial planning. Zoning has considerable potential for facilitating compatible development and prohibiting or controlling incompatible development in areas that are significant for connectivity conservation. Requires legislation/direct regulation that provides that specific zones or land classifications must be designated for conservation, either directly as a connectivity conservation area or as an area needing special designation for the purposes of conservation. Zoning laws should provide for zones for connectivity conservation. Zoning laws must define ‘conservation’ to include connectivity. Creating land use zones for connectivity conservation requires mapping and scientific criteria to use as a basis. Many protected area systems already provide for buffer zones Example: South Africa uses zoning to create buffer zones around protected areas and connectivity corridors between protected areas. See Legal Aspects of Connectivity Conservation, paragraph 376; and Legal Aspects of Connectivity Conservation – Case Studies, page 120. Re-zoning is usually done to facilitate development. Less experience with re-zoning for conservation Re-zoning highlights the issue of the security of zoning plans: Security from what? Security for how long? There should be legal requirements for transparency and public participation in making decisions to re-zone Ask learners what criteria and processes should be used to re-zone land for conservation Examples: Ecological/scientific criteria Extensive public consultation Re-zoning 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 NOTES FOR EDUCATOR The Educator may replace these examples with ones from the country of the course or the country or countries of the Learners. The subject matter of this part of the Seminar is connectivity conservation and spatial planning and development control laws. This is the fourth of seven slides that deal with spatial planning and the second of two slides that focus on how zoning, as a part of spatial planning, can be used to support connectivity conservation. This slide gives examples of three countries that have national, state and provincial legislation that supports connectivity conservation in general and/or zoning in particular. Australia One local environmental plan created under state law established an Environment Protection Zone where most development – including roads and electricity transmissions lines – is prohibited. Another local environmental plan created an Environmental Living Zone which allows residential development but specifies restrictions on it. (See Legal Aspects of Connectivity Conservation - A Concept Paper, page 110) France National legislation requires legally-binding land use plans at municipal and inter-municipal levels. One inter-municipal master land use plan requires each municipality to create a natural zone along watercourses. One municipality has created a sub-category for connectivity corridors within the natural zone. Roads, fencing and artificial lighting are prohibited or controlled within the zone. (Legal Aspects of Connectivity Conservation - A Concept Paper, page 111) South Africa National protected area strategies, including the 2009 National Protected Areas Expansion Strategy (2009) and the 2012 Strategy on Buffer Zones for National Parks expressly recognise the value of protected areas in promoting connectivity, maintaining ecological processes and fostering resilience to climate change. (The Legal Aspects of Connectivity Conservation - Case Studies, page 114.) See Modules 10 and 11 for detailed information on connectivity conservation and zoning in marine spatial planning.

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 NOTES FOR EDUCATOR The Educator may replace this example with one from the country of the course or the country or countries of the Learners. The subject matter of this part of the Seminar is connectivity conservation and spatial planning and development control laws. This is the sixth of seven slides that deal with spatial planning. This slides gives an example of a situation in which the country’s spatial planning policy recognises connectivity conservation but national and sub-national laws do not yet specifically provide for it. Nevertheless, the laws do create tools and decision-making processes that can be used to support connectivity conservation until laws are amended to specifically support it. National and municipal planning laws do not specifically refer to connectivity conservation, but provide mechanisms for introducing it into biodiversity planning and municipal spatial planning. Land use management planning Zones include open space zones. Environmental overlay zones are being designed and will be used in the future. Sub-division decisions should be informed by spatial planning and can potentially be used to avoid fragmenting connectivity conservation areas. Development control EIA and environmental management frameworks (EMFs) do not specifically refer to connectivity conservation, but the processes of carrying out EIA and developing EMFs can be used to support it. Identifying critical biodiversity areas is a fine-scale biodiversity planning tool that can support connectivity conservation and that many governments in the province are using. See The Legal Aspects of Connectivity Conservation - Case Studies, pages ; and Legal Aspects of Connectivity Conservation – A Concept Paper, paragraph 401.

New South Wales (NSW), Australia
Integrating planning 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 NOTES FOR EDUCATOR The Educator may replace this example with one from the country of the course or the country or countries of the Learners. The subject matter of this part of the Seminar is connectivity conservation and spatial planning and development control laws. This is the seventh of seven slides that deal with spatial planning. In New South Wales, Australia, biodiversity certification is an attempt to give priority to conservation in land use planning. A land use planning authority may request the Environment Minister to give biodiversity certification for a particular area of land. First, there must be a biodiversity certification strategy. Development will only be allowed in a biodiversity certified area if the overall effect will be to improve or maintain biodiversity values by putting conservation measures in place in other areas which may include agreements to: Dedicate other land for conservation Actively manage land to improve biodiversity values Make a monetary contribution to improve biodiversity values elsewhere. This system is relatively new and has not been used often, but is an example of a law that enables measures that can be used to support connectivity conservation. See Legal Aspects of Connectivity Conservation – A Concept Paper, Box II(3)-11.

Development Control… 2 primary purposes:
Secure existing connectivity for the long term Protect from development fragmented landscapes that are being rehabilitated Direct regulation Discretionary decision-making Linked to land use plans Not linked to land use plans EIA NOTES FOR EDUCATOR The subject matter of this part of the Seminar is connectivity conservation and spatial planning and development control laws. This is the first of two slides that deal with development control. See Legal Aspects of Connectivity Conservation - A Concept Paper, Section 3.3. See Modules 10 and 11 for detailed information on connectivity conservation and marine spatial planning. Ask Learners for examples of development control laws and how they think they could be used to support connectivity conservation. Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. Development control is direct regulation, usually through specific legislation. But, unless legislation or a land or sea use plan has specified clear standards that must be met, a government decision whether or not approval of a development proposal should be granted, and the conditions attached to an approval, is a discretionary one. This means that decision-makers exercise their own judgment within any constraints set out in legislation or any applicable land or sea use plan. Linked to land and sea use plans Where there is a land use planning/spatial planning/marine spatial planning system, development control is usually integrated with it. Where a land use plan/spatial plan/marine spatial plan designates land or marine areas for conservation, or combined use for conservation and agriculture or fishing, development control should prohibit any other use of that land or marine area. Every jurisdiction that has a land use planning/spatial planning/marine spatial planning system will have its own legal requirements for development control. Not linked to land use plans There is a wide variety of options for using building control, pollution control, and species protection legislation to support connectivity conservation where development control is not linked to land use/spatial planning/marine spatial planning. Building control laws Usually urban. Could be for individual buildings or for large residential and/or industrial areas. Such large areas could be designed in a way that supports connectivity conservation. Pollution control and species protection laws When such laws contain general objectives or other provisions for nature conservation, these can be a legal basis for supporting connectivity conservation. Example: EU Integrated Pollution Prevention and Control Directive that requires taking connectivity into account. See Legal Aspects of Connectivity Conservation – A Concept Paper, Box II(3)-13. Species protection Laws that protect species may require approval for activities that have a negative impact on a species’ habitat. EIA – the next slide. Many development activities that impact connectivity conservation may fall through legal gaps unless there is explicit recognition in other legislation of the need to protect identified connectivity conservation areas. Pollution control Building control Species protection

Development Control Decision-making Environmental impact assessment
Legally required Cumulative impacts Integrating connectivity conservation in approval process Requires clear standards/criteria NOTES FOR EDUCATOR The subject matter of this part of the Seminar is connectivity conservation and spatial planning and development control laws. This is the second of two slides that deal with development control. This slide deals with decision-making in situations where development control is not linked to land use/spatial plans. See Legal Aspects of Connectivity Conservation - A Concept Paper, Section 3.3. See Modules 10 and 11 for detailed information on connectivity conservation and marine spatial planning. Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. Ask Learners for examples of how environmental impact assessment could be used to support connectivity conservation. The Biodiversity Convention and the Climate Change Convention require Parties to take biodiversity and climate change into account in environmental impact assessment. Older development control laws may not have EIA requirements or may only require decision-makers to generally consider significant environmental impacts. Environmental impact assessment Specific EIA laws may be more recent than development control laws, but even recent EIA laws may not require consideration of impacts on biodiversity conservation, connectivity conservation, or consideration of climate change impacts. An EIA process at the stage of development control may be limited as a tool for connectivity conservation. Because its focus is on the environmental impact of a specific development proposal, the process may not have the scope to adequately assess impact on connectivity over time or over a larger scale than the project. The cumulative impacts of multiple small-scale development activities in an area may significantly affect connectivity conservation. Many EIA laws do not yet require assessment of cumulative impacts. The EIA process does not offer any legal guarantee that a decision-maker will give the predicted environmental impact of a proposed project significant weight in the decision-making process. But a decision-maker is less likely to dismiss conservation concerns when there is a detailed EIA. EIA laws and regulations usually require at least one opportunity for public comment on the environmental impact of a proposed project. The transparency of a public comment process may encourage a decision-maker to take conservation concerns, including connectivity conservation, seriously in making a decision about a proposed project. Integrating connectivity conservation into approval process EIA is usually only one of multiple, often competing, factors that development control laws require decision-makers to take into account. There need to be clear standards/criteria to guide decision-makers on how to factor in and balance connectivity conservation concerns in the development approval process. Approvals with conditions Under development control laws: Conservation conditions must usually have a justifiable, direct link to the proposed development Approval usually cannot be changed once it is given, without payment of compensation. Pollution control laws and other laws offer more flexibility for modifying a decision because they usually require ongoing monitoring and allow approvals to be adjusted to changing conditions. Conditions that would support connectivity conservation could include constructing wildlife bridges or underpasses, restricting domestic dogs and cats, or restricting the amount of water that can be diverted for irrigation In the EU, the impact of a project on connectivity conservation has to be included in any EIA. Biodiversity offsets Apply the polluter pays principle by requiring a developer to cover the public costs of development Should only be used as a last resort, if a development proposal cannot be modified or mitigated. Options: Developers pay into a fund from which the government makes payments to support connectivity conservation and other conservation measures Developers enter into a conservation agreement that ensures the protection and management of a connectivity conservation area Biodiversity offsets are used in combination with markets for biodiversity credits – conservation banking or habitat banking For examples of biodiversity offsets, see next slide. Approvals with conditions Directly related to development Biodiversity offsets Potential for modifying

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 NOTES FOR EDUCATOR The Educator may replace these examples with ones from the country of the course or the country or countries of the Learners. Biodiversity offsets: Designed to require those carrying out development to compensate for the public costs associated with loss of nature conservation values attributable to development. Requirements to offset the effects of development can be attached as conditions to development approvals. First principle of offsetting is that it should only be used as a last resort, after initial steps have been taken to modify the development proposal on site, so as to avoid or mitigate conservation impacts. European Union See Legal Aspects of Connectivity Conservation – A Concept Paper, Box II(3)-17. If a project that damages habitat of a particular species cannot be relocated and must be carried out because of overriding public interest, that habitat must be restored or recreated so that the site keeps its value for the Natura 2000 network. Natura 2000 Coherent European ecological network of special areas of conservation created by Habitats Directive Includes special protection areas established under Birds Directive Habitat Directive: Lists species and habitat types whose conservations status must be maintained and improved Specifically directs Member States to use their land-use planning and development policies to “encourage the management of features of the landscape which are of major importance for wild fauna and flora” Birds Directive lists species whose conservation status must be maintained and improved EU Member States must “endeavour to improve the ecological coherence of Natura 2000 by maintaining, and where appropriate developing, features of the landscape which are of major importance for wild fauna and flora” (Habitats Directive) EU issued guidelines for Member States to develop and implement integrated ecological connectivity-related measures for Natura 2000 Most western European EU Member States integrate the Natura 2000 concept into nature protection legislation and also into spatial planning See Module 8 for more information on the Natura 2000 network. New South Wales, Australia See Legal Aspects of Connectivity Conservation – A Concept Paper, Box II(3)-16 Combined effect of the development and the offset must be neutral or positive for biodiversity values. Biodiversity values are measured in terms of threatened species and vegetation. Vegetation is assessed at the site level and landscape level. See slide 23 on Integrating Land Use and Conservation Planning in NSW. Developers do not have to apply for biodiversity certification. They can use traditional procedures to get development approval, which may also require offsets. Incentive for requesting biodiversity certification – certification exempts developer from preparing a species impact statement, which saves time and money.

Payments for ecosystem services Tradable development rights
Economic measures… Alternative/complement to direct regulation Introduce the element of choice Negative incentives Taxes & charges Positive incentives Management payments & tax incentives Payments for ecosystem services Public investment NOTES FOR EDUCATOR Ask Learners what economic measures they know of that can be used to support connectivity conservation. This part of the presentation will look at 5 different types of economic measures that can potentially support connectivity conservation. Economic measures include all mechanisms that change the incentives individuals may choose from when taking action to support connectivity conservation. The Biodiversity Convention calls on Parties to use economic measures as conservation incentives. Even though economic instruments are often presented by economists as alternatives to direct regulation, in practice they are frequently used in combination. Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. Market schemes Tradable development rights

Economic measures Negative incentives Taxes & charges
Remedy market failure Perverse incentives Developers pay for negative externalities Positive incentives Management payments & tax incentives NOTES FOR EDUCATOR See Legal Aspects of Connectivity Conservation – A Concept Paper, Section 3.5. Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. Ask Learners for examples of negative and positive incentives that would support connectivity conservation. Negative incentives Negative incentives counteract negative externalities. Negative externalities are environmentally harmful side-effects of activities that impose costs on the broader community, such as damage to natural resources and ecosystem services caused by pollution. In the past, those responsible for activities that create negative externalities have traditionally not paid these costs, and the broader community has effectively subsidised the activity by bearing the costs. Positive incentives Positive incentives pay for positive externalities. Positive externalities are environmental side-effects that are beneficial for the community, but for which the community has not traditionally paid, such as active management of private land by rightsholders to achieve nature conservation objectives. Positive incentives may: Include direct payments and tax reduction Be part of voluntary agreements Be subsidies for carrying out specified activities that support connectivity conservation Perverse incentives Perverse incentives are government support for social and economic objectives that have harmful side-effects for natural resources and conservation even though this is not their objective. Example: Subsidies for the use of fertilizers and pesticides Should be eliminated. Reduce market failure Reward active management

Netherlands Ecological Network
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 NOTES FOR EDUCATOR The Educator may replace this example with one from the country of the course or the country or countries of the Learners. See The Legal Aspects of Connectivity Conservation – Case Studies, pages Created in 1980s Uses a mix of policy and legal options, including allocation of budgets for land purchase and management subsidies, spatial planning, nature conservation legislation, protected areas legislation, and measures aimed at the improvement of environmental quality within the Network, in particular by addressing the problems posed by low water tables, surface water contamination, acidification, and nitrogen deposition. Comprises core areas, nature development areas, and connectivity zones Provincial governments delineated the Network components within their respective jurisdictions and incorporated more specific guidelines and criteria in land use planning and zoning laws. Packages for farmers that support connectivity focus on restricting grazing and use of pesticides, among other things, in meadows important for connectivity conservation in the Netherlands Ecological Network. Packages for non-farmer landowners focus on preserving specific habitat types on private land that contribute to connectivity conservation in the Netherlands Ecological Network.

Public payments and incentives
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 NOTES FOR EDUCATOR The Educator may replace these examples with ones from the country of the course or the country or countries of the Learners. UK Hedgerow Incentive Scheme See The Legal Aspects of Connectivity Conservation – A Concept Paper, Box II(3)-20 Voluntary Provides incentives to restore hedgerows Hedgerows provide habitat and population connectivity for smaller species Kenya See The Legal Aspects of Connectivity Conservation – A Concept Paper, paragraph 475. Masaai cattle herders receive annual payments for changing land management practices to allow migration and also receive compensation for livestock lost to predators New South Wales, Australia See The Legal Aspects of Connectivity Conservation – A Concept Paper, paragraph 478. State legislation enables: Tax exemption for land subject to a voluntary conservation agreement. Income tax deductions when the market value of land subject to a voluntary conservation agreement declines. EU See The Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs Common Agricultural Policy incentives Agro-environment payments for farmers who voluntarily use environment-friendly agricultural practices Purpose is to change farm structures to achieve conservation goals in rural landscapes All EU Member States must set up agro-environmental payment schemes Environmental assessment and public participation required

Payments for ecosystem services
Economic measures… Payments for ecosystem services Private contractual payments Public payments Public investment Public payments for changing existing land uses NOTES FOR EDUCATOR Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. Ask Learners what economic measures they know of that can be used to support connectivity conservation. Payments for ecosystem services Ecosystem services include: Protection of water resources Protection of biodiversity Mitigation of greenhouse gas emissions Preservation of scenic beauty Private contractual payments Beneficiary of an ecosystem service makes an enforceable contract with the provider of that service Public payment schemes Government creates a new tax or fee or increases an existing tax or fee and uses the funds generated to compensate landowners who enter into agreements to change land use practices Public investment to support connectivity conservation on private land To change existing management practices Financial incentives can be included in voluntary agreements Incentives can include payments: Not to cultivate land Not to grow or introduce alien species To compensate for lost production or reduced land value Payments for ecosystem services and public investment can be used to implement active management for connectivity conservation Incentives can include: Payments to maintain and regenerate habitats and ecosystems Payments to support water management and fire management Tax relief and tax deductions Public payments for active management

Economic measures… Payments for ecosystem services Public investment
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 NOTES FOR EDUCATOR The Educator may replace these examples with ones from the country of the course or the country or countries of the Learners. French water bottling company Vittel contracted with farmers to eliminate chemical pesticides and fertilizers to reduce nitrate levels in the watershed of Vittel’s water source. High transaction costs See The Legal Aspects of Connectivity Conservation – A Concept Paper, paragraph 487. Costa Rica See The Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs Forest Law explicitly recognizes four environmental services provided by forest ecosystems: (i) mitigation of greenhouse gas emissions; (ii) hydrological services, including provision of water for human consumption, irrigation, and energy production; (iii) biodiversity conservation; and (iv) provision of scenic beauty for recreation and ecotourism. Identified users are charged according to the nature of the service used. National Fund for Forest Financing (Fondo Nacional de Financiamento Forestal/FONAFIFO) is a semi-autonomous agency with independent legal status in charge of arranging for the payments to landholders. FONAFIFO receives voluntary payments from beneficiaries of the ecosystem services, and mandatory payments, including a national fuel tax and an increase in the water tariff. EU LIFE programme See The Legal Aspects of Connectivity Conservation – A Concept Paper, Section Supports Green infrastructure which is an extension of the ecological network concept. It is defined as “a network of green areas and features in rural and urban landscapes, which can enhance the resilience of species and ecosystems in adapting to climate change while securing multiple benefits for biodiversity and humans and ensuring the provision of ecosystem goods and services. Provides co-financing for management planning, active management, land purchase, monitoring Does not fund compensation for restrictions on property rights Corridors in the Cantabrian Mountains link isolated bear populations. The LIFE contribution supported people and local councils in the corridor area to carry out bear and bear habitat conservation. EU LIFE programme Corridors for Cantabrian brown bear conservation in northern Spain

Tradable development rights
Economic measures… Market schemes Market mechanisms must be established by law and regulated Conservation banking/ biobanking Biodiversity offsets Tradable development rights Connectivity & emissions trading NOTES FOR EDUCATOR See The Legal Aspects of Connectivity Conservation – A Concept Paper, Section 3.5. Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. Ask Learners what they know about markets for biodiversity conservation and how they think such markets could be used to support connectivity conservation. Creating markets Governments create and regulate private sector markets to support conservation Requires clarifying property rights Example: forest credits or carbon sequestration rights Create demand for the products in the market Conservation banking/biobanking/habitat banking Requires direct regulation/legislation to create biodiversity credits based on active management Biodiversity credits must be legally recognized to be banked Developers can buy biodiversity credits as biodiversity offsets Biodiversity offsets – see slide 26 Tradable development rights (TDR) Development credits, rather than conservation credits Allow a landowner whose property is in a protected status to be compensated for losses due to restrictive zoning. Government prohibits or restricts development in an area through zoning Landowners are then compensated by being allowed to sell their lost development rights to landowners in another zone, who are allowed to intensify their development beyond the limits otherwise permitted in their zone. TDR schemes secure land with high conservation value from development. Offsets facilitate the development of areas important for conservation. In practice, offsetting schemes may be prepared to tolerate short-term loss of biodiversity values while degraded sites are managed as offsets to improve their biodiversity values. TDR schemes avoid the scientific uncertainty associated with offsetting. Connectivity and emissions trading “Cap and trade” Government, through legislation/direct regulation, sets an overall limit for greenhouse gas emissions, which is then divided into shares which are allocated or sold to emitters as permits. Those wanting to exceed their allocation must purchase additional permits from those able to reduce their emissions. Biodiversity offsets

Economic measures Market schemes Tradable development rights
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 Tradable development rights 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 NOTES FOR EDUCATOR The Educator may replace these examples with ones from the country of the course or the country or countries of the Learners. Biobanking in NSW, Australia See The Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs and Boxes II(3)-16 and II(3)-22. Threatened Species Conservation Act 1995 is the legal basis. Biobanking agreement specifies the biodiversity credits the landowner can earn after making land management changes to improve biodiversity. Biobanking Assessment Methodology specifies how the number of credits is calculated. Courts can enforce compliance with a biobanking agreement. A court order related to a biobank site transfers to a future owner of the site. When landowners sell biodiversity credits, they are required to pay into the conservation trust fund an amount equal to the total present value of the estimated cost of changes in land management. See slide 29 for information on conservation trust fund. EU+New Zealand Emissions Trading Scheme See The Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs Cap and trade scheme 40% of greenhouse gas emissions in the EU are under the ETS. UN REDD is the United Nations Reduction of Emissions from Deforestation and Forest programme to prevent release of carbon emissions REDD+ is nature-based solutions to climate change – reducing carbon emissions plus increasing the removal of carbon by: Conserving forest carbon stocks Sustainable forest management Enhancing forest carbon stocks REDD+ : Can help to match delivery of co-benefits to communities in places where reforestation or forest restoration is needed Requires periodic measurement, reporting and verification (MRV) Is an entry point for financing connectivity conservation

Connectivity conservation and the law Connectivity conservation and voluntary conserved areas NOTES FOR EDUCATOR Highlight the fact that all of the relationships between connectivity conservation and law that this seminar presents are illustrations. These relationships are not exclusive and are not limitations on the way any jurisdiction may decide to regulate connectivity conservation. Connectivity conservation and the law Specific connectivity law vs. sectoral laws Specific connectivity law Key sectoral laws and legal tools Conservation policies and plans Protected areas legislation Biodiversity conservation laws Nature conservation or nature protection laws Wildlife conservation laws Endangered species laws General wildlife conservation laws Hunting laws Sustainable resource use laws Forests Soils Sustainable agriculture Specific ecosystem or habitat-type legislation Wetlands Hydrologic connectivity Spatial planning Land use plans Conservation plans and policies Strategic environmental assessment of land use plans Integrated land use and conservation planning Marine spatial planning Development control Linked to land use plans Not linked to land use plans Requirements for formal environmental impact assessment Approval processes Requiring biodiversity offsets Economic measures Positive incentives Payments for ecosystem services Direct funding Market creation Tradable development rights Connectivity conservation and voluntary conserved areas Nature of voluntary conserved areas Link between voluntary conserved areas and connectivity Voluntary agreements Form Nature Influential factors Applicable incentives

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 NOTES FOR EDUCATOR Ecosystem approach Identifies role and value of an area for connectivity Identifies possible modifications of existing practices that could support connectivity Because connectivity conservation areas are usually outside of protected areas, participation and cooperation of rightsholders in the area is key. Refer to slides in Module 8 on governance for connectivity conservation. See Legal Aspects of Connectivity Conservation – A Concept Paper, Part I, Section 3. Voluntary initiatives Require a transparent and equitable process of negotiating voluntary agreements for connectivity conservation Incentives will usually be necessary to encourage rightsholders to participate in connectivity conservation. See slides 27-34

Voluntary Agreements…
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 Between whom Common law Civil law About what Control existing uses Promote active management NOTES FOR EDUCATOR See Legal Aspects of Connectivity Conservation – A Concept Paper, Section 3.4. Where possible, use specific examples from the national legal regimes of the country of the course or the country or countries of the Learners. Ask Learners what they think the advantages and disadvantages of voluntary agreements might be, in contrast to direct regulation. Voluntary agreements may be voluntary, legally binding, non-legally binding, or partly legally binding, depending on the agreement. Example: Australia uses a Memorandum of Understanding between two states and the capital territory as the basis for administering the Australian Alps connectivity conservation area. See Legal Aspects of Connectivity Conservation: A Concept Paper, page 89. Voluntary agreements have potential for achieving connectivity conservation objectives when successfully negotiated, with clear obligations and implementation responsibilities that are understood and voluntarily accepted by all Parties. Individual rightsholders’’ motivations for entering into a voluntary agreement will vary. Some rightsholders who are willing to enter into voluntary conservation agreements may not be effective or appropriate land or marine resource managers. A connectivity conservation initiative will be undermined if significant rightsholders in the area refuse to participate. Financial incentives may be required. Agreements between whom See Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs Common law Allows restrictions on land use and development that benefit neighboring land and that transfer with the land when it is sold A few countries have special legislation that allows similar restrictions for conservation purposes without the requirement that the restrictions must benefit neighboring land Civil law In some countries the Civil Code has provisions that permit land use restrictions to support conservation, and could be used to support connectivity conservation Agreements about what See Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs Control existing uses Because existing uses are usually exempt from land use/spatial planning, voluntary agreements and incentives can be used to secure support from landowners for connectivity conservation Promote active management Voluntary agreements and incentives can be the basis for a landowner agreeing to change existing land uses to benefit connectivity conservation Revolving funds – see next slide Voluntary agreements are usually not appropriate for controlling development. That is done with direct regulation. Security of agreements See Legal Aspects of Connectivity Conservation – A Concept Paper, paragraphs Indefinite, long-term agreements are preferred. When a rightsholder does not want a long-term agreement, start with a short-term agreement and extend it when it works well. Duration of the agreement is specified in the agreement. Agreements need to be flexible to allow adaptation to changes, particularly climate change Flexibility in voluntary agreements should not allow for exemptions and should not allow the government discretion to set them aside. Security Indefinite vs fixed duration

New South Wales, Australia
Voluntary Agreements 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 NOTES FOR EDUCATOR The Educator may replace this example with one from the country of the course or the country or countries of the Learners. See Legal Aspects of Connectivity Conservation – A Concept Paper, Box II(3)-18. The conservation trust only buys land from willing buyers who do not have the capacity for or the interest to practice active land management.

Connectivity conservation and the law Connectivity conservation and voluntary conserved areas NOTES FOR EDUCATOR Return to the overview of the seminar. Highlight that this seminar presentation has introduced: The range of legal instruments and tools that are likely to already exist in national law that can be used to support connectivity conservation; and The role of voluntary conserved areas in connectivity conservation. Highlight again the fact that all of the relationships between connectivity conservation and law that this seminar presents are illustrations. These relationships are not exclusive and are not limitations on the way any jurisdiction may decide to regulate connectivity conservation.

Objectives Explain the importance of national law
for connectivity conservation Identify the many different legal instruments already available for connectivity conservation NOTES FOR EDUCATOR Re-emphasise the objectives of this module. Introduce the ways in which voluntary agreements can support connectivity conservation

Outcomes Understanding of the role of national law
in connectivity conservation Awareness of the many different legal instruments available for connectivity conservation NOTES FOR EDUCATOR Re-emphasise the anticipated outcomes of this module. Understanding of the factors that influence the choice of legal options for connectivity conservation

Core Texts NOTES FOR EDUCATOR
Indicate to the Learners that the content of this Module is based on Legal Aspects of Connectivity Conservation: A Concept Paper. Highlight the following: The IUCN Environmental Law Centre (IUCN ELC) initiated a project in 2011 to explore the role of law in promoting connectivity conservation. Legal Aspects of Connectivity Conservation was drafted between 2011 and 2013 in close collaboration with the IUCN Academy of Environmental Law (IUCN AEL), the IUCN World Commission on Environmental Law (WCEL), the World Commission on Protected Areas (WCPA) and the IUCN Global Protected Areas Programme. Legal Aspects of Connectivity Conservation – A Concept Paper, published in 2013, is the first publication to lay out the legal options/instruments to achieve connectivity conservation. The Concept Paper is accompanied by Legal Aspects of Connectivity Conservation – Case Studies, a separate volume with 5 detailed case studies reviewing legal frameworks providing for connectivity conservation in different national and regional settings.

Building Capacity on Protected Areas Law & Governance
Module 9 Seminar Presentation Exercises skills development NOTES FOR EDUCATOR Conclude by emphasising that this module comprises two parts: Seminar presentation Exercises Highlight the different educational rationale underpinning these two parts: Seminar presentation - knowledge transfer Exercises - skills development Conclude by indicating that we will now be working on exercises which build on the knowledge conveyed during the seminar presentation. knowledge transfer Connectivity – Legal Issues

Building Capacity on Protected Areas Law & Governance

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