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Coastal Adaptation

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:

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Coastal Adaptation

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  1. Coastal Adaptation Towards a legal framework Jonathan Verschuuren Jan McDonald (UTAS)

  2. 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

  3. 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

  4. Coastal adaptation practices (IPCC 2007)

  5. 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)

  6. 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)

  7. 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)

  8. 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

  9. 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)

  10. 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

  11. 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)

  12. Early experiences (VIII) • Domestic: Australia • No extensive regulatory framework • Planning law at state level • Much litigation between land owners and coastal authorities

  13. Conclusions: features of regulatory regime (I) • 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 • Integrate coastal adaptation into: • coastal zone management • river basin management • biodiversity policy and law

  14. Conclusions: features of regulatory regime (II) • Plan into the future • Overarching, long-term vision • Binding commitments for future authorities and land-owners • Preserve future adaptation options • Leave room for manoeuvre • Distribute and clarify competences • Find balance: site-specific approach without fragmentation • Multi-level/multi-sectoral engagement

  15. Conclusions: features of regulatory regime (III) • Supervise implementation • Wide range of legal instruments applied by variety of authorities and other actors (landowners!): effective coordination and supervision needed • Attribute sufficient funds • Set aside fixed amounts of money for future works (and make these inaccessible for other purposes) • Compensation scheme • Prepare for natural disasters • Wide range of flood preparedness measures

  16. 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

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