Biodiversity offsetting and restoration under the European Union Habitats Directive: balancing between no net loss and deathbed conservation?

Biodiversity offsets have emerged as one of the most prominent policy approaches to align economic development with nature protection across many jurisdictions, including the European Union. Given the increased level of scrutiny that needs to be applied when authorizing economic developments near protected Natura 2000 sites, the incorporation of onsite biodiversity offsets in project design has grown increasingly popular in some member states, such as the Netherlands and Belgium. Under this approach, the negative effects of developments are outbalanced by restoration programs that are functionally linked to the infrastructure projects. However, although taking into consideration that the positive effects of onsite restoration measures leads to more leeway for harmful project development, the EU Court of Justice has recently dismissed the latter approaches for going against the preventative underpinnings of the EU Habitats Directive. Also, the expected beneficial outcomes of the restoration efforts are uncertain and thus cannot be relied upon in an ecological assessment under Article 6(3) of the Habitats Directive. Although biodiversity offsets can still be relied upon whenever application is being made of the derogation clause under Article 6(4) of the Habitats Directive, they cannot be used as mitigation under the generic decision-making process for plans and programs liable to adversely affect Natura 2000 sites. We outline the main arguments pro and contra the stance of the EU Court of Justice with regards to the exact delineation between mitigation and compensation. The analysis is also framed in the ongoing debate on the effectiveness of the EU nature directives. Although ostensibly rigid, it is argued that the recent case-law developments are in line with the main principles underpinning biodiversity offsetting. Opening the door for biodiversity offsetting under the Habitats Directive will certainly not reverse the predicament of the EU’s biodiversity. A reinforcement of the preventative approach is instrumental to avert a further biodiversity loss within the European Union, even if it will lead to additional permit refusals for unsustainable project developments.

Falling through the cracks: are European directives and international conventions the panacea for freshwater nature conservation?

There are many ways of practising freshwater nature conservation: from strict legislative protection of individual species considered rare or threatened to protecting whole lakes or long stretches of rivers; from practical conservation management at a local scale to integrated catchment management at the river basin scale; and from the encouragement of better habitat management through codes of good practice to statutory control of pollution or abstraction. Whatever the mechanism, an essential pre-requisite is a way of choosing where to put the effort, especially when resources for nature conservation are severely limited. The aim of this article is to review the contribution from four specific international measures to the task of assigning priorities for conservation. The 1990s saw the introduction of two European directives (the Habitats Directive (HD) and the Water Framework Directive (WFD)) and one international convention (the Biodiversity Convention (CBD)) each with the potential for influencing, to a greater or lesser extent, the conservation of freshwater habitats and species. This article also discusses a much older convention – the Ramsar Convention – adopted in 1971 specifically to help tackle the conservation and management of wetlands and aquatic ecosystems. Although the authors have focused mainly on the UK, the subject is relevant to other parts of Europe and beyond. The article explores the degree to which these measures help in identifying the most important fresh waters for conservation, and asks whether or not they present the right conservation message to a wide audience.

Manchester Mosslands SAC Astley and Bedford Moss, Holcroft Moss, Risley Moss

This is the report on Habitats Directive, the Review of Consents Stage 1 and 2 by the Environment Agency of the Manchester Mosslands cSAC, Astley and Bedford Moss, Holcroft Moss and Risley Moss. The Habitats Directive has the main aim to promote the maintenance of biodiversity by defining a common framework for the conservation of wild plants and animals and habitats of community interest. The Directive establishes a European ecological network known as "Natura 2000". The network comprises Special Areas of Conservation (SAC) and Special Protection Areas (SPA). In the section on Stage 1 or Screening Process of the Habitat Directive, it is identified the likely impacts upon the Manchester Mosslands cSAC, Astley and Bedford Moss, Holcroft Moss and Risley Moss of a project, plan or activities, either alone or in combination with other projects, plans or activities, and considers whether these impacts are likely to be significant. In the section on Stage 2 or Appropiate Assessment of the Habitat Directive, it is considered the impact on the integrity of the Manchester Mosslands cSAC, Astley and Bedford Moss, Holcroft Moss and Risley Moss of the projects, plans or activities, either alone or in combination with other projects, plans or activities, with respect to the site’s structure and function and its conservation objectives. Additionally, where these are adverse impacts, an assessment of the potential mitigation of those impacts. The criteria used in this report to identify relevant projects, plans or activities and their impacts are water quality discharge consents, waste management licences, abstraction licences, Integration Pollution Control (IPC) and Integrated Pollution Prevention Control (IPPC) permits. Proformas, hydrogeological and GIS maps are included in the review.

Rixton Clay Pits cSAC

This is the report on Habitats Directive, the Review of Consents Stage 1 and 2 by the Environment Agency of the Rixton Clay Pits cSAC. The Habitats Directive has the main aim to promote the maintenance of biodiversity by defining a common framework for the conservation of wild plants and animals and habitats of community interest. The Directive establishes a European ecological network known as "Natura 2000". The network comprises Special Areas of Conservation (SAC) and Special Protection Areas (SPA). In the section on Stage 1 or Screening Process of the Habitat Directive, it is identified the likely impacts upon the Rixton Clay Pits cSAC of a project, plan or activities, either alone or in combination with other projects, plans or activities, and considers whether these impacts are likely to be significant. In the section on Stage 2 or Appropiate Assessment of the Habitat Directive, it is considered the impact on the integrity of the Rixton Clay Pits cSAC of the projects, plans or activities, either alone or in combination with other projects, plans or activities, with respect to the site’s structure and function and its conservation objectives. Additionally, where these are adverse impacts, an assessment of the potential mitigation of those impacts. The criteria used in this report to identify relevant projects, plans or activities and their impacts are water quality discharge consents, waste management licences, abstraction licences, Integration Pollution Control (IPC) and Integrated Pollution Prevention Control (IPPC) permits. Proformas, hydrogeological and GIS maps are included in the review.

South Pennine Moors cSAC-SPA. North West Region-South Area

This is the report on Habitats Directive, the Review of Consents Stage 1 and 2 by the Environment Agency of the South Pennine Moors cSAC/SPA. The Habitats Directive has the main aim to promote the maintenance of biodiversity by defining a common framework for the conservation of wild plants and animals and habitats of community interest. The Directive establishes a European ecological network known as "Natura 2000". The network comprises Special Areas of Conservation (SAC) and Special Protection Areas (SPA). In the section on Stage 1 or Screening Process of the Habitat Directive, it is identified the likely impacts upon the Rixton Clay Pits cSAC of a project, plan or activities, either alone or in combination with other projects, plans or activities, and considers whether these impacts are likely to be significant. In the section on Stage 2 or Appropiate Assessment of the Habitat Directive, it is considered the impact on the integrity of the Rixton Clay Pits cSAC of the projects, plans or activities, either alone or in combination with other projects, plans or activities, with respect to the site’s structure and function and its conservation objectives. Additionally, where these are adverse impacts, an assessment of the potential mitigation of those impacts. The criteria used in this report to identify relevant projects, plans or activities and their impacts are water quality discharge consents, waste management licences, abstraction licences, Integration Pollution Control (IPC) and Integrated Pollution Prevention Control (IPPC) permits. Proformas, hydrogeological and GIS maps are included in the review.

Rochdale Canal cSAC

This is the report on Habitats Directive, the Review of Consents Stage 1 and 2 by the Environment Agency of the Rochdale Canal cSAC. The Habitats Directive has the main aim to promote the maintenance of biodiversity by defining a common framework for the conservation of wild plants and animals and habitats of community interest. The Directive establishes a European ecological network known as "Natura 2000". The network comprises Special Areas of Conservation (SAC) and Special Protection Areas (SPA). In the section on Stage 1 or Screening Process of the Habitat Directive, it is identified the likely impacts upon the Rochdale Canal of a project, plan or activities, either alone or in combination with other projects, plans or activities, and considers whether these impacts are likely to be significant. In the section on Stage 2 or Appropiate Assessment of the Habitat Directive, it is considered the impact on the integrity of the Rochdale Canal of the projects, plans or activities, either alone or in combination with other projects, plans or activities, with respect to the site’s structure and function and its conservation objectives. Additionally, where these are adverse impacts, an assessment of the potential mitigation of those impacts. The criteria used in this report to identify relevant projects, plans or activities and their impacts are water quality discharge consents, waste management licences, abstraction licences, Integration Pollution Control (IPC) and Integrated Pollution Prevention Control (IPPC) permits. Proformas, hydrogeological and GIS maps are included in the review.

West Middlands Mosses cSAC, Wybunbury Moss and Abbots Moss

This is the report on Habitats Directive, the Review of Consents Stage 1 and 2 by the Environment Agency of the West Midlands Mosses cSAC, Wybunbury Moss and Abbots Moss. The Habitats Directive has the main aim to promote the maintenance of biodiversity by defining a common framework for the conservation of wild plants and animals and habitats of community interest. The Directive establishes a European ecological network known as "Natura 2000". The network comprises Special Areas of Conservation (SAC) and Special Protection Areas (SPA). In the section on Stage 1 or Screening Process of the Habitat Directive, it is identified the likely impacts upon the West Midlands Mosses cSAC, Wybunbury Moss and Abbots Moss of a project, plan or activities, either alone or in combination with other projects, plans or activities, and considers whether these impacts are likely to be significant. In the section on Stage 2 or Appropiate Assessment of the Habitat Directive, it is considered the impact on the integrity of the West Midlands Mosses cSAC, Wybunbury Moss and Abbots Moss of the projects, plans or activities, either alone or in combination with other projects, plans or activities, with respect to the site’s structure and function and its conservation objectives. Additionally, where these are adverse impacts, an assessment of the potential mitigation of those impacts. The criteria used in this report to identify relevant projects, plans or activities and their impacts are water quality discharge consents, waste management licences, abstraction licences, Integration Pollution Control (IPC) and Integrated Pollution Prevention Control (IPPC) permits. Proformas, hydrogeological and GIS maps are included in the review.

Oak Mere cSAC

This is the report on Habitats Directive, the Review of Consents Stage 1 and 2 by the Environment Agency of the Oak Mere cSAC. The Habitats Directive has the main aim to promote the maintenance of biodiversity by defining a common framework for the conservation of wild plants and animals and habitats of community interest. The Directive establishes a European ecological network known as "Natura 2000". The network comprises Special Areas of Conservation (SAC) and Special Protection Areas (SPA). In the section on Stage 1 or Screening Process of the Habitat Directive, it is identified the likely impacts upon the Oak Mere cSAC of a project, plan or activities, either alone or in combination with other projects, plans or activities, and considers whether these impacts are likely to be significant. In the section on Stage 2 or Appropiate Assessment of the Habitat Directive, it is considered the impact on the integrity of the Oak Mere cSAC of the projects, plans or activities, either alone or in combination with other projects, plans or activities, with respect to the site’s structure and function and its conservation objectives. Additionally, where these are adverse impacts, an assessment of the potential mitigation of those impacts. The criteria used in this report to identify relevant projects, plans or activities and their impacts are water quality discharge consents, waste management licences, abstraction licences, Integration Pollution Control (IPC) and Integrated Pollution Prevention Control (IPPC) permits. Proformas, hydrogeological and GIS maps are included in the review.

A hydrogeological assessment of Wybunbury Moss

This is a technical report of a hydrogeological assessment by the Environment Agency, an assessment to inform the Stage 3 review of Consents under the Habitats Directive for Wybunbury Moss, a National Nature Reserve and Special Area of Conservation in Cheshire. In the Stage 2 Review of Consents, one groundwater licence could not be clearly assessed as having no significant impact and so was taken forward to Stage 3. Further work has been carried out to refine the understanding of groundwater flow and the extent of the actual groundwater catchment of Wybunbury Moss, including three drilled boreholes, the monitoring of groundwater levels in the boreholes by data-loggers for more than 18 months and the sampling and analysis of the groundwater from the boreholes. Results of this further work are shown in Appendixes. From this work, a geological cross-section and Conceptual Model has been produced, and a map showing the revised understanding of the groundwater catchment of Wybunbury Moss. It also includes in Appendix I, the Stage 2 Review of Consents previously made.

Assessment of the hydrogeological impacts of aggregate extraction in the Delamere area, Cheshire

This is a technical report on the assessment of the hydrogeological impacts of aggregate extraction activities in the Delamere Area, Cheshire. The first aim of the study was to carry out Stage 3-appropriate assessment, under the EU Habitats Directive (92/43/EEC), of the possible hydrogeological impacts of aggregate extraction activities authorised by the Cheshire CC on candidate Special Areas of Conservation (cSAC) on the Delamere sandsheet, Cheshire. Identifying possible impacts if these activities on the hydrogeological environment, construction of a numerical groundwater flow model of the groundwater system to investigate and quantify impacts and to produce a report as required under Stage 3 of the Habitats Regulations. Secondly, to identify the future potential impacts of the continued extraction of sand and gravel reserves from above and below the water tables from within the Delamere sandsheet, thus releasing reserves identified within the Area of Search of the Cheshire Replacement Minerals Local Plan 1999. This aspect of the study should assist in identifying the implications of further working within Delamere for North West sub-regional apportionment.

A hydrological assessment of the Delamere Sandsheets and environs

This is the technical report of a hydrogeological assessment of the Delamere sandsheet and environments by the Environment Agency. The overall objective of the study is to carry out Stage 3-appropriate assessment, under the EU Habitats Directive (92/43/EEC), of the influence of activities permitted by the Agency relating to groundwater on candidate Special Areas of Conservation (cSAC). The geology of Delamere area, based on published and collected information is described in Section2. Groundwater flow and water quality are described in Section 3, including sections on groundwater levels, aquifer properties, groundwater discharge and hydrogeochemisty. A water balance for the sandsheet for the period 2001-2002 is presented in Section 4, and the hydrogeological conceptual model of the area is described in Section 5. The assessment of the possible impacts of Agency-permitted groundwater abstractions on Oakmere and Abbots Moss is presented in Section 6 whilst conclusions and recommendations are given in Section 7.

The NRA's role in wetland conservation

This is the NRA's role in wetland conservation report produced by the National Rivers Authority in 1995. This document is the third of a series of three R&D Notes produced as part of an integrated research programme addressing aspects of the NRA's role in wetland management and conservation. Chapter 1 considers the nature of the wetland resource and its definition. Chapter 2 presents the NRA's current legislative and policy framework relating to its role in wetland conservation. National and international legislation and agreements are considered, and particular attention is afforded to the potential implications of the 'Habitats Directive'. Chapter 4 presents key examples of operational casework involving wetlands. Differences in approach and external perceptions of the NRA's current and likely future role in wetland conservation are discussed within Chapter 5. Other issues highlighted in this report are: policy guidance required on NRA’s role in land drainage; standard of flood defence service for wetlands; cost-benefit analysis; strategies for halting and reversing the decline and degradation of wetland resource; and Catchment Management Planning.

The River Dart SAP Consultation Document

This is the River Dart Salmon Action Plan Consultation document produced by the Environment Agency in 2003. The report pays attention on the external consultation of the River Dart Salmon Action Plan (SAP). This strategy represents an entirely new approach to salmon management within the UK and introduces the concept of river-specific salmon spawning targets as a salmon management tool. The north of the River Dart catchment is included in the Dartmoor candidate Special Area of Conservation (cSAC), designated under the Council EC Directive 92/43/EEC, the “Habitats Directive”. One of the conservation objectives for the cSAC is to maintain the habitat for Atlantic Salmon, Salmo Salar in favourable condition. The River Dart is an important salmon, sea trout and brown trout fishery with no significant coarse fishery. However, eels are ubiquitous throughout the catchment and are lightly exploited. The River Dart SAP contains a description of the river catchment and highlights particular features that are relevant to the salmon population and the associated fishery.

Environmental and biological characteristics of lagoons on the southwest coast of Ireland

Coastal lagoons are defined as shallow coastal water bodies partially separated from the adjacent sea by a restrictive barrier. Coastal lagoons are protected under Annex I of the European Habitats Directive (92/43/EEC). Lagoons are also considered to be “transitional water bodies” and are therefore included in the “register of protected areas” under the Water Framework Directive (2000/60/EC). Consequently, EU member states are required to establish monitoring plans and to regularly report on lagoon condition and conservation status. Irish lagoons are considered relatively rare and unusual because of their North Atlantic, macrotidal location on high energy coastlines and have received little attention. This work aimed to assess the physicochemical and ecological status of three lagoons, Cuskinny, Farranamanagh and Toormore, on the southwest coast of Ireland. Baseline salinity, nutrient and biological conditions were determined in order to provide reference conditions to detect perturbations, and to inform future maintenance of ecosystem health. Accumulation of organic matter is an increasing pressure in coastal lagoon habitats worldwide, often compounding existing eutrophication problems. This research also aimed to investigate the in situ decomposition process in a lagoon habitat together with exploring the associated invertebrate assemblages. Re-classification of the lagoons, under the guidelines of the Venice system for the classifications of marine waters according to salinity, was completed by taking spatial and temporal changes in salinity regimes into consideration. Based on the results of this study, Cuskinny, Farranamanagh and Toormore lagoons are now classified as mesohaline (5 ppt – 18 ppt), oligohaline (0.5 ppt – 5 ppt) and polyhaline (18 ppt – 30 ppt), respectively. Varying vertical, longitudinal and transverse salinity patterns were observed in the three lagoons. Strong correlations between salinity and cumulative rainfall highlighted the important role of precipitation in controlling the lagoon environment. Maximum effect of precipitation on the salinity of the lagoon was observed between four and fourteen days later depending on catchment area geology, indicating the uniqueness of each lagoon system. Seasonal nutrient patterns were evident in the lagoons. Nutrient concentrations were found to be reflective of the catchment area and the magnitude of the freshwater inflow. Assessment based on the Redfield molar ratio indicated a trend towards phosphorus, rather than nitrogen, limitation in Irish lagoons. Investigation of the decomposition process in Cuskinny Lagoon revealed that greatest biomass loss occurred in the winter season. Lowest biomass loss occurred in spring, possibly due to the high density of invertebrates feeding on the thick microbial layer rather than the decomposing litter. It has been reported that the decomposition of plant biomass is highest in the preferential distribution area of the plant species; however, no similar trend was observed in this study with the most active zones of decomposition varying spatially throughout the seasons. Macroinvertebrate analysis revealed low species diversity but high abundance, indicating the dominance of a small number of species. Invertebrate assemblages within the lagoon varied significantly from communities in the adjacent freshwater or marine environments. Although carried out in coastal lagoons on the southwest coast of Ireland, it is envisaged that the overall findings of this study have relevance throughout the entire island of Ireland and possibly to many North Atlantic coastal lagoon ecosystems elsewhere.