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