Date post: | 14-Jan-2016 |
Category: |
Documents |
Upload: | cory-wells |
View: | 213 times |
Download: | 1 times |
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Marianne Darbi, IÖR Dresden
29 July 2010
Biodiversity Offsets in German Impact Mitigation Regulation
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Outline
1. Biodiversity Offsets: What? Why? Who?
2. Characteristics of Biodiversity Offsets and implementation
3. German Impact Mitigation Regulation
4. Loss-gain calculations in German Impact Mitigation Regulation
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
1. Biodiversity Offsets: What? Why? Who?
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
What?“Biodiversity Offsets are conservation
activities intended to compensate for the
residual, unavoidable harm to biodiversity
caused by development projects” ten Kate et al.
2004
“Biodiversity offsets seek to ensure that
unavoidable adverse environmental
impacts of development are
counterbalanced by environmental gains” Escorcio Bezerra 2006
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Mitigation Hierarchy
8/27
Follow subsequent steps:
Step 1: avoid or prevent negative impacts on biodiversity
Step 2: address unavoidable impacts through minimization and
rehabilitation measures
Step 3: establish compensation measures („Biodiversity Offsets“) as a last
resort for residual adverse impacts: restitution or compensation payment
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
What?
Why? • Polluter Pays Principle
• Environmental legislation and liability
• Business Initiatives and Corporate
Social Reponsibility
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
What?
Why?
Who?• Governments
• Business
• NGOs
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
2. Characteristics of Biodiversity Offsets and implementation
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
• Functional relation to the impact
• Spatial relation to the impact
• Timing
• Responsibility
• Compensation measures: What are Biodiversity Offsets used
for?
Characteristics of Biodiversity Offsets
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Strong loosened
functional relation
spatial relation
In kind Out of kind
On site Off site
Case-by-case Aggregated Offsets(Pool and Banking Models)
Functional and spatial relation to the impact
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Timing
Full Compensation
RestorationResidual Impact
Impact
Problem of time lag
Offset implemented after impact Offset implemented before impact
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Responsibility
Developer
implements offsets
Third party
implements offsets
Measures on the
ground
Compensation payments
and Biodiversity credits
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Compensation measures: What are Biodiversity Offsets used for?
Conservation /
Preservation
Restoration /
Enhancement
Risk that Biodiversity Offsets
replace conservation
obligations of governmental
bodies (Nature Conservation
Authorities etc.)
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
3. German Impact Mitigation Regulation
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
German Impact
Mitigation Regu-
lation after Nature
Conservation Act
Brazilian Project
Developers Offsets
after Protected
Areas Law
Diskussion about
(Voluntary)
Biodiversity
Offsets
US Wetland
Mitigation after
Clean Water Act
Australian Green
Offsets in New South
Wales after Native
Vegetation Act
CBD Art. 14:
Impact Assessment
and Minimizing
Adverse Impacts
1976 1985 1992 1997 2000 ca. 2004
Milestones in Environmental and Biodiversity Offsetting
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
German Impact Mitigation Regulation
Impact Mitigation Regulation (“Eingriffsregelung”) is the major landscape conservation instrument to
address mitigation and compensation for impacts from developments and projects in Germany:
entered into force as part of the Federal Nature Conservation Act 1976
comprehensive approach (for all impacts, on all scales, not restricted to
specific areas)
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
German Impact Mitigation Regulation
2002 and 2009 amendments to the Federal Nature Conservation Act:
loosening of spatial and functional connection between impact and
compensation
compensation pools: provision and bundling of compensation sites and
measures
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Compensation agencies (‘Flächenagenturen’)
“Compensation agencies are new service providers in the field of nature
conservation, which establish compensation pools and procure sites and
measures for developers“ (BFAD e. V. 2008).
Compensation agencies are experts on compensation pools – including
planning, implementation and long-term management. They provide services
and support to investors, authorities and all local partners“ (BFAD e. V. 2008).
Pool and banking models
4/18
Compensation pools: aggregation of compensation sites
Eco-accounts: aggregation of compensation sites and advanced implementation
of compensation measures
Compensation agencies: provision of compensation sites or measures to a third
party
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Core parameters of Pool and Banking Models
blabla What are the core parameters that influence the functioning and financing of
compensation agencies in Germany?
1. form of organisation / legal form
number of employees
focus solely on compensation vs. compensation as one of a multitude of
fields of action
more nature conservation orientation vs. more economic orientation
2. area of influence and clients
3. availability and safeguarding of compensation sites
4. financing and cost recovery
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Advantages and potentials of Pool and Banking Models
steered development / inclusion into an overall concept is beneficial both economically and
ecologically (simpler and speed up lincensing procedure, creation of ecological networks,
measures are implemented where it is most useful from a nature conservation point of
view)
can lead to a reduction of land consumption
bundling increases the efficiency of the implementation and maintenance of measures
recovery of complex ecosystems and possibility to implement also cost-intensive measures
diminution of time lag effects
bundling of capacity and technical know-how
broad participation and acceptance (reduction of land use conflicts etc.)
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
4. Loss-gain calculations in German Impact Mitigation Regulation
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Balancing and Evaluation methods
Multitude of methods:
• Compensation area coefficients
• Biotope valuation procedures
• Cost-of-restoration approaches
Surrogate:
• Area equivalent
• Value-area equivalent
• Cost equivalent
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Discussion points on Biodiversity Offsets and Pool and Banking Models
blabla risk that the appropriateness to compensate may not always be considered
advance financing
How to secure measures in perpetuity?
uncertainty (refinancing of sites and measures cannot be guaranteed)
need for trained personnel
preference for low cost measures
price dumping can have a negative effect on the quality of the measures
to date: lacking transparency and transferability (valuation techniques to balance impact and
compensation and cost calculation differ very much)
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Thank you for your attention!
Leibniz Institute of ecological and regional development Marianne Darbi
Weberplatz 1 Fon: 0351 463 42356
01217 Dresden Fax : 0351 4679 212
www.ioer.de E-Mail: [email protected]
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
5. Criticism of Biodiversity Offsets
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
License to trash
When is an offset appropriate?
Distinguish between
offsettable and not
offsettable impacts
Criteria: irreplaceability,
vulnerability etc.
Need to define thresholds
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
How to ensure equivalence between impact and offset?
Problem to measure and value biodiversity
Different „currencies“
Indirect and cumulative impacts
Multitude of existing evaluation
and balancing methods
Comparing apples and oranges
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
How long lasts perpetuity?
Duration of impacts vs. Duration of offsets
Short and long-term impacts
Temporary and permanent impacts
Criteria: reversitbility, feasibility etc.
In practice different timeframes
are applied
Biodiversity Offsets should last
as long as the impairment
persists
need for Follow Up
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Shift of responsibility
What are the physical and financial compensation means used for?
Negative use: MERE use for the
management and maintenance
of existing protected areas
Biodiversity Offsets should not
replace Conservation and other
obligations of governmental bodies
(Nature Conservation Authorities etc.)
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
6. Potentials of Biodiversity Offsets
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Trading up
Preference for „in kind“ offsetting
However sometimes not feasible
or not effective
Trading up: substituting a less
valuable asset by an asset that
is more valuable in terms of
either its quality or quantity
Biodiversity Offsets in German Impact Mitigation Regulation; IÖR Dresden, Marianne Darbi, 29 July 2010
Landscape Level Planning and Green Networks
Small sites can require a disproportionate effort of management
and sometimes not prove to be efffective
Landscape and habitat pattern
Advantages of Aggregated Offsets
and Banking: Compensation Pools
and Mitigation Banks are effective
instruments to implement Biodiversity
Offsets with a minimum of land
consumption, bureaucracy and
costs and a maximum of nature
conservation value