‘yet another plan?’ - people.unica.it

‘Yet Another Plan?’

Management Plans for Natura 2000 Sites as Non-Compulsory

Conservation Measures to Implement the Habitats Directive

in Sardinia

Sabrina Lai

[email protected] Phone: +39-070-6755206 | Fax: +39-070-6755215

Designing Natura 2000

Natura 2000: European coherent network of sites of ecological importance established under ... the Habitats Directive

(92/43/EEC): pSCIs, SCIs, SACs

the Birds Directive (79/409/EEC, to be repealed as of February 15th and replaced by Directive 2009/147/EC of November 30th, 2009 – codified version): SPAs

Aim: to protect biodiversity and especially habitats and species rare, valuable or threatened

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Making up for lack of participation?

Selection of the sites: Science-driven (based on ecological criteria only) (Alphandéry and Fortier, 2001; Rauschmayer et al., 2009)

Top-down (Amirante, 2003)

Not inclusive

Consequence: fear of restrictions on property rights and land use, low acceptance or even hostility to the designation of Natura 2000 sites (Weber and Christophersen, 2002)

Would greater involvement of local communities in the management of the network help reach consensus and ease the implementation of the directives?

(Gibbs et al. 2007; Paavola, 2004; Ledoux et al., 2000)

What form(s) could this involvement take?

Management plans for Natura 2000 sites

HD, art. 6: Member States shall ‘establish the necessary conservation measures involving, if need be, appropriate management plans specifically designed for the sites or integrated into other development plans’ that should address all foreseen activities:

1. conservation measures are compulsory

2. management plans (MPs) are optional: member states decide whether MPs are needed and what form they will take

‘no indication of the specific contents of management plans can be given’

(European Commission, 2000, Guidance document on the provisions of art. 6 of the HD)

http://ec.europa.eu/environment/nature/natura2000/management/docs/art6/provision_of_art6_en.pdf

Managing Natura 2000 sites in Italy

Regions and autonomous provinces are responsible for managing Natura 2000 sites

establishing conservation measures and appropriate statutory, administrative or contractual measures

deciding on whether a plan for a certain site is necessary

approving MPs for Natura 2000

Conservation measures (including MPs) must be compliant with the national guidelines issued in 2002 and especially dealing with the selection process of the most appropriate form of MP

MPs’ structure and contents

MPs are not compulsory in Italy

MPs for Natura 2000 sites in Italy

Plans must comply with directions given in a decree of the Ministry of the Environment

Indications on structure and contents of MPs are detailed in a handbook produced by the same Ministry

Assessment of ecological needs for the conservation of

habitats and species

Potential impacts on the conservation status of habitats

and species

Physical description

Biological description

Socio-economic description

Description of archaeological & cultural values

Description of landscape aspects

INVENTORY AND GEOGRAPHIC

INFORMATION SYSTEM

Management strategy

(actions & projects)

Evaluation of the conservation status

of habitats and species

Selection of a system of indicators

to evaluate conservation status

Monitoring of the plan

Objectives (general/detailed,

conservation/ management)

Natura 2000 network in Sardinia

Some figures: 92 SCIs (SACs-to-be by 2012)

37 SPAs

roughly a 15% of the total land area of the island

Sardinian Regional Government is responsible for the management of its Natura 2000 network, including: establishing conservation measures

approving MPs

Natura 2000 network in Sardinia: MPs

2005: provinces, municipalities bodies responsible for Parks and Marine Protected Areas were asked to draw up and submit MPs for SCIs (call for proposals funded by the ERDF)

The Autonomous Region of Sardinia retained its ultimate responsibility for approving the plans

Necessary prerequisites for the approval of a certain plan were: compliance of the plan with the BD and the HD and with both

national and regional guidelines

involvement in the plan preparation of all the municipalities involved

evidence of participation of local communities and stakeholders

presence of a formal act of adoption of the plan by all of the local authorities involved

Natura 2000 network in Sardinia

Following the call for proposals, 76 MPs concerning 87 SCIs were prepared

As a result of the recent approval of 69 plans by the regional executive, approximately a 55% of the total land area of Sardinian Natura 2000 network has now an MP in force

Natura 2000 sites for which a m anagement plan

has not been approved by the regional executive

Natura 2000 sites for which a m anagement plan

has been approved by the regional executive

Natura 2000 Network in Sardinia:

Management Plans in Force as of September 2009

0 20 40 60

Kilo m eter s

N

Two research questions – Q1

1. MPs are neither compulsory nor legally binding

2. Adjustment of land-use plans to MPs (when needed) is not a statutory requirement (unlike the adjustment of land-use plans to the Regional Landscape Plan - RLP)

3. Municipalities have agreed to make their land-use plans compliant with MPs

What role will MPs play in the Sardinian multi-level planning system? Regional

landscape plan

Regional basin plan

Regional sectoral plans

Province plans

City masterplans (land-use plans)

Detailed development plans

MPs ?

Two research questions – Q2

Should MPs be incorporated into the AA process? If so, how?

1. For each project/plan likely to affect an SCI/SPA/SAC, according to the HD, an appropriate assessment (AA) must be carried out

2. Official acts and guidance documents on the AA never mention that MPs should be considered in the AA procedure

MPs and other types of plans

Sardinian regional guidance document on contents of MPs for SCIs and SPA (2005):

all of the plans in force in the territory of the site must be examined ...

... so as to assess whether their restrictions on land use and limitations on transformation of land guarantee that natural habitats and species of community interest are maintained at a favourable status, or whether permitted development of land and allowed changes in land use risk threatening either habitats or species

planners must ‘integrate management plans with other plans’

The ultimate aim of this article is to establish whether other plans, and especially municipal masterplans, should be

modified

structure

A plan without ‘teeth’

Plans for national parks and nature reserves (ruled under national law 394/1991), and for regional parks and nature reserves (ruled under regional law 31/1989) are part of the Italian multi-level planning system and higher in rank than city plans

The legal definition of ‘protected areas’ has been stretched since 2008 so as to include SACs and SPAs (not SCIs, though), but ...

MPs are not equivalent to plans for protected areas

MPs are not legally binding (city plans don’t have to comply with them)

MPs were prepared and approved by the same city councils that are responsible for the approval of local masterplans

consistency VS ‘silo mentality’

What if (according to MPs) allowed land uses or transformation of land posed any threats on habitats or species?

Case-study 1: Sassu Cirras

SCI ITB032219 (Sassu Cirras) was designated as an SCI because of the importance of its dunes habitats (2110, 2120 and 2210) which, according to its 1995 Standard Data Form, made up a 50% of the total area of the SCI

The MP found out that:

only a 5% of the area of the site hosted dunes habitats (2110, 2120, 2210, 2230 and *2250)

area covered by habitats *1510 and 1410 had increased from 2 to 32%

(Comune di Santa Giusta, 2006)


Case-study 1: Sassu Cirras

Findings from the MP: the loss of dunes habitats was due to

a quarry still operating in the north-east part of the site

the nearby industrial port.

According to the city masterplan in force:

the north part of the site is allocated as area for industrial development

the port is allowed to expand southwards (within the SCI)

Therefore the MP proposed that the masterplan be changed to prevent any further development of the industrial area (Action IA6 of the MP)

The city council approved the MP, committing itself to this proposal

No “active role” of the regional administration

D: Area for industrial

development

H: Area where development of land is not

allowed


Case-study 2: Isola di San Pietro

SCI ITB040027 (Isola di San Pietro) covers nearly the whole Island of San Pietro

The only part of the island not included in the SCI is the city of Carloforte, home to nearly 6,500 inhabitants (2001 national census)

This population has been estimated to increase in summers up to 20,000 people (Sistu and Cocco, 2006)

A proper water treatment plant, able to deal with this significant increase in population, is missing ...

... but the city has a shortage of undeveloped land outside the SCI’s boundaries (Comune di Carloforte, 2006) (www.sardegnaterritorio.it)

Case-study 2: Isola di San Pietro

It was proposed that a new water treatment plant be constructed ...

... somewhat in between the city centre and tourist developments scattered along the coast

The site was designated as area for industrial development (type D) in the city plan

A detailed project for the plant was put forward and rejected on the grounds of the negative outcome of the AA (priority habitat *1510)

Studies contained in the MP confirmed the presence of the priority habitat, but a change in the zoning system was not proposed an alternative site for the plant was not identified

As a result, regional decree no. 10 of February 13rd, 2009 approved the MP under condition that the zoning system of the city plan be changed

“Active role” of the regional administration

1420 *1510

1410 1420

(www.sardegnaterritorio.it)

(Comune di Carloforte, 2006)

MPs as triggers for changes of zoning systems

These two case-studies have shown examples of changes in the city plans’ zoning systems deemed as necessary on the bases of the contents of approved MPs

The first one was proposed by a local administration

The second was imposed by the regional government

Each way, the obligation to change the city plans’ zoning system was written down in the regional decrees that approved these MPs

These two case-studies both deal with areas that host (or are meant to host) industrial activities

As such, they are by no means representative of all possible changes in land uses that would be required to satisfy the ecological needs highlighted in approved MPs

Appropriate Assessment under the HD

The assessment of implications of plans and projects likely to have a significant effect on Natura 2000 sites is statutory under art. 6 of the HD

‘Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon (...) shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives’

In Italy:

Appropriate Assessment (AA) reports must cover all of the points listed in Annex ‘G’ of decree 357/1997 (amended version 2003)

National law 152/2006: in case an SEA of the plan or an EIA of the project is required, the AA must be incorporated either in the SEA or in the EIA process, but the outcomes of the AA procedure must be clearly identifiable

Management Plans and Appropriate Assessment in Italy & in Sardinia

Responsibility for the final decision in Italy

the Ministry of the Environment if the plan or project is of national relevance

otherwise, regions and the autonomous provinces of Trento and Bolzano

Regions are also entitled to detail procedures and technical aspects of environmental assessments

In Sardinia, a decision of the regional government only deals with the SEA and the EIA, but not with the AA

official (regional) policies, guidelines or laws on the AA are still missing

the only policy document regarding the AA is a draft guidance document on the SEA of city plans, issued by the Regional Administration of Sardinia in 2007

The main points concerning the AA and contained in the 2007 draft guidance are as follows:

for city plans of municipalities whose territory overlaps an SCI or an SCA, the AA is automatically required preliminary screening stage is skipped

this means that the effects of land-use plans on a Natura 2000 site are considered to be per se potentially harmful for habitats and

species, irrespective of their contents

the AA must be embedded in the SEA

the AA report must cover topics listed in Annex G of the document

MPs are not explicitly mentioned among the contents of the AA report

To the contrary, examination of MPs is required in the environmental report of the SEA (only as far as measures and actions contained in the MP are concerned)

type of actions and projects envisaged in the plan

noise and pollution

quantitative aspects of actions and projects waste production

integration of the plan with other plans environmental risks and accidents

consumption of natural resources implications of the plan on the environmental system of the site as a whole, on each of its environmental components, and on ecologic connections

Appropriate Assessment of plans in Sardinia

The AA procedure must be embedded in the SEA process, and the AA report must be integrated in the environmental report

However, in Sardinia ...

the regional administration issues the final decision on the outcomes of the AA of city plans

provincial administrations have authority on the SEA process

Responsibilities are split between two tiers of government

Up to now only one AA of the implications of a land use plan on a Natura 2000 site has been completed, despite the number of plans currently undergoing the SEA process

When it comes to city plans, in Sardinia AA is still in its early stages, in spite of a long-standing experience on the AA of projects, sectoral plans of regional importance and detailed development plans

Case-study 3: S’Ena Arrubia

The city of Arborea is revising its land-use plan to comply with the RLP’s rules and directions, and it is half-way through the SEA

An environmental report (containing the AA report) has been drawn up, and the AA procedure recently came to an end with the approval of the regional administration of Sardinia

Within the city’s administrative boundaries are two SCIs, each overlapping an SPA

SCI ITB030032 + SPA ITB034004

SCI ITB030016 + SPA ITB034001 SPA ITB034001

SCI

ITB030016

‘S’Ena Arrubia’ is a coastal lagoon protected under the Ramsar Convention

designated as an SPA because it hosts a large number of species of birds listed in Annex 1 of the BD

designated as an SCI because of the presence of priority habitats *1150, *1120, *1510 and *2250

Between the lagoon and the coastline lie vast coastal dunes with Pinus pinea, priority habitat *2270 under the HD

Allowed land uses in the drafted city plan strict protection (H2, conservation area) to the

northern part of the area covered by these dunes

area for tourism use and development (F3) for the southern part, currently hosting a camp site


H2

F3

If the MP had been taken into account in the AA report, some mitigation measures

could have been identified

If planners had been able to demonstrate that tourism activities in the site can go hand

in hand with nature conservation, the Decision whereby the AA was approved would

not have demanded that allowed land use be changed in the city plan


The regional administration judged allowed land use F potentially harmful for habitat *2270 and demanded that

the classification proposed for the southern area be changed (F3H2)

the camp site be dismantled and relocated in a less sensitive area

This judgement is justifiable by looking at the MP

presence of a track parallel to the coastline

presence of the camp site

This threat, however, does not emerge from the AA report

Fragmentation of habitat

Conclusions: 1 MPs as a participatory tool

This presentation has shown how the Regional Administration of Sardinia is currently planning and managing its Natura 2000 network

MPs are not mandatory, but they were regarded as necessary because other types in plans in force do not appear effective in protecting habitats and species of community importance

The decision to devolve the preparation of MPs to lower tiers of governments and to require that local stakeholders be involved in the planning process was an attempt to make up for the exclusion of local administrations and communities in the designation of sites

It was hoped that such involvement and inclusion would help increase

awareness of the very existence of Natura 2000 sites consensus on the need to introduce conservation measures for biodiversity

The large number of MPs drawn up by local administrations and approved by the regional executive proves that it was a wise move

Only this way can MPs evolve from non-compulsory and non-binding plans ‘without teeth’ to effective planning tools capable of ensuring that the HD and the

BD are correctly implemented

MPs are not mandatory planning tools

‘Weaker’ than legally binding plans (e.g. city plans)?

If the MPs were given legal status, conservation measures could be directly incorporated into city plans and zoning systems of municipal plans

Would such a regulatory approach risk misinterpreting the HD (MPs as tools to be used only when necessary & with other measures)?

MPs should be taken into account in the AA of plans and projects

The very fact that MPs and city plans are drawn up by the same administrations does not automatically lead to a zoning system consistent to ecologic needs and requirements

MPs’ studies should be used as a baseline for the AA report

Especially when assessing implications of other spatial plans on habitats & species, both MPs’ objectives and actions ought to be incorporated

Conclusions: 2 Two weak points

Assessment of ecological needs for the conservation of habitats and species

Potential impacts on the conservation status of habitats

and species

Physical description

Biological description

Socio-economic description

Description of archaeological & cultural values

Description of landscape aspects

INVENTORY AND GEOGRAPHIC

INFORMATION SYSTEM

Management strategy

(actions & projects)

Evaluation of the conservation status

of habitats and species

Selection of a system of indicators

to evaluate conservation status

Monitoring of the plan

Objectives (general/detailed,

conservation/ management)

MPs for Natura 2000 sites in Italy

‘yet another plan?’ - people.unica.it

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