Legal problems of environmental management. (1) Nature conservation and (2) Financial instruments for environmental protection

Transcription

1 Legal problems of environmental management (1) Nature conservation and (2) Financial instruments for environmental protection M. Gajewski 2014/2015

2 Course contents (in brief) Constitutional basis of the environment protection system. General principles of the environment protection law. Administration of the environment protection system administrative structures, types of organs and institutions. Spatial planning and space management. Water economy and protection against emissions. Waste management and cleanliness. Nature conservation and financial instruments for environmental protection. 2

3 Today s lecture - contents Nature protection General protection model. Administration organs. Nature conservation forms. territorial, individual and species protection. Financing instruments for environmental protection. Environmental funds. 3

4 Main legal base: the law on nature protection The law as of April 16, 2004 on the protection of nature Chapter 1: General provisions Chapter 2: Forms of nature protection Chapter 3: Botanic gardens, ZOOs and rehabilitation centers for animals Chapter 4: Protection of green areas and tree plots Chapter 5: Nature protection organs Chapter 6: Nature protection service Chapter 7: Preventing crimes and offences on protected areas Chapter 8: Implementation of nature protection Chapter 9: Management of nature resources and elements Chapter 10: Legal consequences of protection Chapter 11: Penal provisions Chapter 12: Changes in provisions in force. Chapter 13: Inter-temporary, adapting and final provisions 4

5 Introduction nature conservation Nature conservation is based on preservation, sustainable utilization and restoration of resources and wildlife elements, such as: wild plants, animals and mushrooms covered with species conservation form, nomadic animals, natural habitats and habitats of endangered, rare and protected species of plants, animals and mushrooms, creations of animate and inanimate nature and fossil remains of plants and animals, landscape; green areas and shelterbelts. Nature protection aims: maintenance of ecological processes and ecosystems stability; conservation of biodiversity, geological and paleontological heritage; safeguarding continuity of species of fauna and flora and their habitats; protection of landscape qualities, maintenance of green areas and trees; maintenance or recovery of habitats, other resources, nature creations and elements; shaping appropriate attitudes towards environment. Mainly protection of conservation type (preservation / state restoration), undertaken: on-site (of natural existence) of protected resources / values out-of-site (e.g. ZOO, museum) The protection may be of strict character (complete influence desist, e.g. national park, species preservation) or partial character (e.g. reduction of population). 5

6 Non-integrated administration Administration of nature conservation Council of Ministers Minister responsible for environment Chief Conservator of Nature National Nature Conservation Council (nature state assessment, formulation of opinions, recommendations on nature conservation and activities in the field of nature conservation issues). Other consulting bodies e.g. regional nature councils (supporting regional directors of environmental protection), national park science councils, councils of landscape park General Director for Environment Protection Main Directorate Directors of national parks Regional directors for environment protection Regional directorates (16, in voivodships) Self-governments Voivodship s council, county governor, commune head, mayor, town president Some nature conservation forms are established by means of local laws (by self-governments resolutions) 6

7 Nature conservation forms established in the form of normative acts (by the Council of Ministers, the Minister responsible for environment, local laws) determining: names, borders of protected zones (for territorial protection forms), prohibitions / orders imposed in laws (e.g. concerning national parks) or determined by legislative bodies, in reference with those (prohibitions / orders) included in the laws. Nature conservation forms Referring to the criterion of conservation type the following conservation forms exist: Territorial protection National parks Nature reserves (wildlife parks) Landscape parks Zones of protected landscape Natura 2000 network Individual Natural monuments Documented stations Ecological sites Nature or landscape structures / creations Species protection Plants Animals Mushrooms 7

8 Territorial protection [1/5] National park: a territory of outstanding natural, scientific, cultural and educational values covering of an area of not less than ha, where the whole nature and landscape is protected. Creation (liquidation/ change of boundaries) decided by the Council of Ministers regulation (closing / liquidation due to limitation of the park s area as a result of irreversible loss of natural or cultural values). Park s statute (ordinance of the minister responsible for environmental protection). Park s director, park s maintenance service (including park s guardian service) and access rules / conditions (scientific, educational and social aims). Set of statutory prohibitions, including various actions / behaviors respective also to natural reserves). Examples Nature reserve: a territory resting in natural state (or only slightly changed), including specific ecosystems, natural habitats of plants, animals and mushrooms as well as inanimate nature creations, having outstanding nature or landscape qualities. Creation (liquidation / change of boundaries) decided by ordinance of regional director of environmental protection (local law), The ordinance specifies the name, location (borders) and buffer zone (if determined), aims and protection types, reserve type and its supervising entity. 8

9 The National Park Ujście Warty is established on the territory of lubuskie voivodship and covers the area of 7 955,86 ha. The territory of the Park is settled by boundary line which starts from / / and continues to / / On the territory of the park it is prohibited: hunting, fishing, catching, disturbing, killing wild living animals, collecting antlers, destructing of dens and lairs disturbing peace, destroying or harvesting of trees or shrubs and other plants, movement of vehicles off public and other specified roads, use of motor-boats, swimming, sailing out of specified basins or waterways. Prohibitions referring to parks, selected from the statutory list of prohibitions (the same in case of natural reserves). The Park is surrendered by a buffer zone of the area of The zone is located on the following plots of land (as specified). Regulation of the Council of Ministers a normative act on creation of a national 9 park

10 Słowiński National Park Park s seat and logo Direction of the Park and Park s Guard Service units managed by the Park s Director. Key organizational units: Department for protection of in-land ecosystems, Department for protection of water ecosystems, Section for Park s admission issues, Section for education and spatial information systems, Monitoring section, Section for administration, public procurement and protection of information. Park s protected zones An ordinance on granting of a statute for a national park (regulating matters of internal organization 10 and other issues)

11 Territorial protection national parks in Poland [4/5] The law on the protection of nature Appendix (list of national parks) 11

12 Territorial (nature) protection scheme Legal instrument for protection management of a protected territory, established for a period of 20 years, settling: scope and types of protection activities, access places (admission rules), arrangements for acts on spatial planning. Obligation to prepare and approve a protection scheme within 5 years from establishment of nature protection form (establishment of protection tasks for a national park or national reserve until approval of the plan). Obligatory for: national parks; nature reserves; landscape parks; Natura 2000 territories. Details regarding contents of the territorial protection plans are settled by implementing provisions decided within regulations of the minister responsible for environment on preparation of protection plans for: national parks, nature reserves and landscape parks; Natura 2000 territories. The protection scheme is approved in the following forms: for a national park and Natura 2000 territory by regulation of the minister responsible for environment, for the national reserve by ordinance of regional director for environmental protection, landscape park by resolution of voivodship s council. 12

13 Territorial protection Natura 2000 network [1/3] Natura 2000 network includes: zones of special conservation of birds, zones of special conservation of natural habitats, so-called zones of special importance for the Community (planned habitats approved by the European Commission). Types of natural habitats and species of fauna and flora, protected by establishment of Natura 2000 network, are decided by the minister responsible for environment protection. The Birds Directive (Directive of the Council 79/409/EEC, as of on conservation of wild birds. The Habitats Directive (Directive of the Council 92/43/EWG, as of on conservation of natural habitats and of wild fauna and flora. Regulation of the Minister for Environment as of on habitats and species being of Community interest and criteria on setting-up zones qualified to be approved or decided as Natura 2000 zones Draft list of zones GDEP Opinions respective commune councils List acceptance Council of Ministers Transfer to EC (minister responsible for environmental protection) Designation of Natura 2000 zone (borders, change of borders, zone liquidation) adopted in the form of regulation. Supervision over the zone Regional Director for Environment Protection. Regulation of the minister responsible for environmental protection 13

14 List of Natura 2000 network in Poland [2/3] Zone established under the Birds Directive Description of nature characteristics Main threats Nature protection forms Important for Europe species of animals 14

15 Territorial protection Natura 2000 network [3/3] Protection tasks formulation of protection actions scheme by organ supervising the Natura 2000 network territory (in form of an ordinance of the Regional Director for Environment Protection) and (followed by) the regulation of the Minister responsible for environment, approving the scheme. Identification of risks / threats. Determination of conditions for preserving (reconstruction) of the territory state and maintenance of the integrity of the area. Protection actions. Indications for spatial planning. Results of territorial protection prohibition of activities that could adversely influence conservation objectives of Natura 2000 territory, namely: worsen the state of natural habitats, negatively affect species for which the area was established, deteriorate integrity of the area. Co-financing costs related to the establishment and functioning (financing) of the Nature 2000 network are subject for financing from the following sources: European Union, the state budget, local (self-governments budgets and funds dedicated for environmental protection and water economy, e.g. support programs activated due to reduction of profitability). 15

16 Individual forms of conservation Natural monuments: creations of animate or inanimate nature, their concentration places various objects of special natural, scientific, cultural, historical and landscape values. Documented stations (of inanimate nature): location of geological formations, fossil remains of plants and animals. Ecological sites: residues of ecosystems having special importance for preserving biological diversity, e.g. natural water reservoirs, swamps, moors, sand dunes, stations of rare or protected species of fauna and flora. Nature and landscape structures: parts of natural and cultural landscape assigned for conservation due to their scenic and aesthetic values. Establishment / liquidation by councils of communes / municipalities in form of resolutions. The resolution determines name of the object or area, location, the supervisory body, protection aims, prohibitions selected from the statutory list. Establishment / liquidation in settlement with the Regional Director for Environment Protection. Liquidation in case of loss of natural values or necessity of public aim investment implementation or ensuring public safety. Examples of statutory prohibitions: destruction / transformation of the protected object, earth works permanently disfiguring shape of the terrain, exploitation of rocks, turf, amber, minerals for economic purposes, collection, damaging of plants and mushrooms on the ecological sites, placement of billboards. 16

17 The protection aim and name of the protected form, type of the form (with its characteristics), details concerning location Local law on establishment of natural monument. Law adopted by commune / municipality council (in form of a resolution) Nature monument logo / sign Prohibitions: Cutting, destroying, damaging of the tree s trunk Damaging, contaminating of soil Placement of billboards, 17

18 Species protection Regulations Species protection stages: Ordinances strict complete and permanent desist of direct intervention in the ecosystems, wildlife components and nature creations; year-round protection of species. Species protection aims: ensuring survival of wild plants, animals and mushrooms, rare species, species threatened with extinction and species protected; preserving species and genetic diversity. active acceptable protective actions for recovery purposes (recovery to the normal level), partial acceptable reduction of population. Scope of species protection: Lists of protected species, with regard of the protection stage, protected zones, prohibitions and exceptions, decided by: the Minister responsible for environment in concert with the Minister responsible for agriculture, The Regional Director for Environment Protection temporary protection measures in cases not regulated by the (a/m) minister. 18

19 Other issues / protection spheres Other regulated issues: Transport across borders of plants and animals, protected under provisions of the European Union (e.g. wolfs, eagles) on the basis of the convention as of 1973 r. on international trade in endangered species of wild fauna and flora (Washington Convention) permits of the minister responsible for environment, permits of the minister for export asteroids and fossils remains. Botanical gardens, ZOOs (obligations for managing entities protection out-ofsite, scientific reserch, education) based on permits of the General Director for Environmental Protection, Species of dangerous animals bans on possession, import, trade / exceptions (permits issued by the General Director for Environment Protection), SPAs (health resorts) the law as of July 28, 2005 on therapeutics, health resorts and spa communes (regulations concerning spatial planning), Protection of monuments the law as of July 23, 2003 on protection and preservation of historical monuments settling forms of protection such as: registry of historical monuments, approval as historical monument, creation of cultural parks, settling protection regimes within local spatial plan. The implementation issues of the law are supervised by the voivodship s monuments conservator. 19

20 Legal problems of environmental management Financial instruments for environmental protection M. Gajewski 2013/2014

21 Funds of environmental protection and water management [1/3] The principle polluter pays (PPP Polluters Pay Principle): The law on environment protection Some decisions allowing use of the environment may be subject to set-up of collateral / insurance instruments, for instance in the sphere of: concessions granted under geological and mining law, permits concerning waste management, Some other permits in the scope of environment protection laws. In this way a special reserves are created to be utilized (if needed) for securing the aims of the environment protection (however provisions in this matter are different, some times not clear e.g. as it regards forms, magnitudes or ways of utilization). 21

22 Funds of environmental protection and water management [2/3] The Funds (environment protection institutions) are: National Fund for Environmental Protection and Water Management public legal entity: The statute, internal organs supervisory and management board, the Minister responsible for environment posts / dismisses members of the supervisory board, the Fund s president and members of the management board. Supervision (a/m) Minister. Voivodships funds for environmental protection and water management selfgovernments legal entities. The statute, organs posted / dismissed by voivodships councils, Supervision voivodships management boars. Institution gathering financial resources to be used for financing tasks of the environmental protection and water management. Financing sources: proceeds from environmental fees and administrative penalties, contributions and donations, proceeds resulting from ventures implemented for the environment protection, grants from European Union s budget, as well as from other foreign sources, grants from the State s Budget, proceeds from own bonds issue sources from loans and credits obtained on the market. 22

23 National Fund for Environmental Protection and Water Management activity data Activity data 23

24 National Fund for Environmental Protection and Water Management activity data Activity data 24