coastal adaptation
DESCRIPTION
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: - PowerPoint PPT PresentationTRANSCRIPT
Coastal Adaptation
Towards a legal frameworkJonathan 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/salt-marshes 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 scheme7. 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