Transcript Tilburg Law Graduate Programme

Coastal Adaptation
Towards a legal framework
Jonathan Verschuuren
Jan McDonald (UTAS)
Content
> What are the early experiences with
coastal adaptation policies in the EU
and Australia?
> Focus on identifying important
features of a regulatory framework for
coastal adaptation
> Methodology:
•
Review & analysis of existing
international and EU law
•
Review & analysis of existing
domestic laws and policies and
court cases in the UK, Netherlands,
Australia
Coastal adaptation
• Coastal cities:
> 1.2b people (1990)→1.8/5.2b (2080)
> ⅓ GDP of 22 coastal EU states is
generated within 50km of coastline
> Most coastal cities already rely on
engineered coastal fortification
> Estuaries face double threat: sea level
rise + altered precipitation and run-off
> Storms + soil subsidence
• 0.6m slr + 0.2/1.1m storm + 1.0 soil
subsidence = 1.8m (2100)
• + potential breakdown of West
Antarctica and Greenland ice sheets
Coastal adaptation practices
(IPCC 2007)
Early experiences (I)
• International law:
> No specific requirements UNFCCC
> Projects under Adaptation Fund
> Resolutions under:
• Ramsar Convention (wetlands as
natural sea defences, floodplains)
• OSPAR (Integrated Coastal Zone
Management, marine spatial
planning)
• UNCLOS (increase resilience of
coastal and marine ecosystems)
Early experiences (II)
• EU law:
> Water Framework Directive (2000)
• Instruments allow for integration of
coastal adaptation
> Floods Directive (2007)
• Flood mitigation has to be integrated
into WFD instruments
• Inland and coastal flooding
> Prelim. Flood Risk Assessment (2011)
> Flood Hazard Map (2013)
> Flood Risk Map (2013)
> Flood Risk Management Plan (2015)
Early experiences (III)
• EU law (cont.)
> Marine Strategy Framework Directive
(2008)
• Integrated coastal zone
management has to include
adaptation measures
> Strategy
> Programme of measures
• Does NOT refer to Floods Directive
(compartmentalization)
Early experiences (IV)
• Domestic: Netherlands
> Water Act (2009)
• National Water Plan (2009-2015)
> National Flood Defence
Construction programme
> Sand Nourishment programme
> Room for the River programme
• Safety norms dikes/embankments
• Conferral of power to take all
measures in case of danger to
Minister
Early experiences (V)
• Obligation to organize exercises
• Duties for property owners, powers for
authorised officers
• Prohibition to interfere with coastal
defence works
• Range of obligations and limitations in
relation to water storage areas
• Compulsory acquisition of land
• Right to compensation
• Delta Programme (2011)
• Delta Programme Commissioner (2011)
• Delta Fund (€1b/yr as of 2020) (2011)
Early experiences (VI)
• Spatial planning law
> Natural flood plains, designated
flooding areas
> Land reservation
• Short term: relocation of dykes
• Long term: safeguard land against
large-scale and/ort capital intensive
developments
Early experiences (VII)
• Domestic: UK
> Similar analysis. Like the Neths, strong
focus on ‘managed alignment’,
enhancing capacity mudflats/saltmarshes to act as a buffer and absorb
wave energy
> Main differences to Netherlands
• More locally organized, although
coordination does take place
• Strong focus on London (Thames
Estuary 2100)
Early experiences (VIII)
• Domestic: Australia
> No extensive regulatory framework
> Planning law at state level
> Much litigation between land owners
and coastal authorities
Conclusions: features of
regulatory regime (I)
1. Clarify adaptation objectives for each part
of the coast
•
Fixed decision-making process
involving stakeholders/residents
•
Determines everything! Clarity and
enforceability most critical elements of
any framework
2. Integrate coastal adaptation into:
•
coastal zone management
•
river basin management
•
biodiversity policy and law
Conclusions: features of
regulatory regime (II)
3. Plan into the future
•
Overarching, long-term vision
•
Binding commitments for future
authorities and land-owners
•
Preserve future adaptation options
•
Leave room for manoeuvre
4. Distribute and clarify competences
•
Find balance: site-specific approach
without fragmentation
•
Multi-level/multi-sectoral engagement
Conclusions: features of
regulatory regime (III)
5. Supervise implementation
•
Wide range of legal instruments
applied by variety of authorities and
other actors (landowners!): effective
coordination and supervision needed
6. Attribute sufficient funds
•
Set aside fixed amounts of money for
future works (and make these
inaccessible for other purposes)
•
Compensation scheme
7. Prepare for natural disasters
•
Wide range of flood preparedness
measures
Future research & challenges
• Future research on:
> Dealing with uncertainty
• Connect to recent studies into
implementation of precautionary
approach
> Dealing with long-term policies (2100!)
• How to bind future governments?
> Can we continue to rely on traditional
legal instruments?
• Will gradual adaptation remain
possible?
> Prepare society for retreat