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Environmental And Energy Law And Policy: Habitat Directive, Appropriate Assessment & Mitigation measures
Introduction
Habitat Directive issued in 1992, also formally known as Council Directive 92/43/EEC requires all plants and establishments to be screened and evaluated for potential impact on natural habitats and Natura (flora and fauna). It acted as the main legislative requirement for the protection and conservation of environment and biodiversity in the European Union. This legislative framework obliged directive member states to designate Special Areas of Conservation (SACs) and Special Protection Areas (SPAs), which contain unique natural habitats and species crucial for the overall protection and conservation in light of environmental sustainability (The Habitats Directive and Habitats Regulations, 2020).
National and state governments are required to specify the areas and zones that are required to be protected and conserved under flora and fauna species, in this context, Natura 2000 network is established for protecting species and habits. Under Article 17 of the Habitat Directive, EU member states are required to provide regular report on the state of protection and conservation of natural habitats and wild flora and fauna in every six years. The monitoring in done in every six years for revising and modifying designation of Special Areas of Conservation that require strict protection and conservation (The Habitats Directive and Habitats Regulations, 2020)..
Purpose of the Habitats Directive
Habitats Directive also known as Council Directive 92/43/EEC forms the cornerstone of Europe’s nature conservation policy. It built around two pillars-Natura 2000 (Network of Protected Sites) and strict system of species protection. More than 1000 animals and plant species are covered by Natura 2000, which are of critical importance under European Union. It aims at protecting flora and fauna from degradation and damaging through creating a hierarchical system of impact assessment, checking possible alternatives and designing compensatory measures for protecting and conserving animal and plant species (Greystones Harbour Development Planning Revisions Appropriate Assessment Screening Report, 2018).
EU countries and member states are under legal duty to introduce appropriate conservation objectives and measures. It is necessary to do everything to guarantee conservation of natural habitats in special protection areas, and, avoiding any kind of deterioration and significant disturbances to species. A strict system of protection is necessary to be established for animal and plant species that face continuously threat and risks from any plan or project. In this regard, there is provision of appropriate assessment under Article 6(3) and Article 6(4) of the Habitat Directive. Competent authorities are allowed to agree on any plan or project after ascertaining the fact that there is no significant impact on the Integrity of Natura 2000 site (Appropriate Assessment Screening as required under Article 6(3) of the Habitats Directive (Council Directive 92/43/EEC). 2016).
A hierarchy of avoidance, mitigation and compensatory measures to be adopted and applied to avoid any kind of adverse impacts on the Natura 2000 sites and locations. A set of mitigation measures is recommended and applied under Assessment process to identify possible impacts and developing a plan to avoid such impacts. Under the worst case scenario, any plan or project is permitted only if there are no alternative solutions, and, it is imperatively required to continue the plan or project in light of public interest. In that case, plan and project has to undergo an assessment of alternative solutions and implementing it (Appropriate Assessment, 2020).
Appropriate assessment and stages in the appropriate assessment
In simple words, an appropriate assessment is concerned with the evaluation and measurement of potential adverse effects of any plan or project on designated Special Protection Areas (SPA) and Special Areas of Conservation (SAC). National and European law are introduced to protect these sites. Appropriate assessment tool application is also designed in this regard to help with the data collection process in different stages of appropriate assessment. Environmental Protection Agency and National Parks and Wildlife Services work together to develop Appropriate Assessment tool. Data and information is collected from National Parks and Wildlife Service, data is based on current and up-to-date information available regarding wildlife services (Appropriate Assessment, 2020). Appropriate Assessment tool allows user to select a specific point on the map, and, then search for defined distance to the point. The distance selected by the user depends on extent and level of potential environmental impact on a plan and project.
Appropriate Assessment takes into account direct, indirect, constructional, operational and cumulative impacts on plans and projects. With respect to the EU guidance, conservation objectives of the site, its structure and function, ecological functions and decision whether site is focussed on conservational objectives and in overall interest and welfare of environment sustainability (Fishery Laws (Ireland)—The River Suir—Case Of O'shea And Others, 1885).
There are three steps/stages in the Appropriate Assessment namely:
i) Impact Prediction: Possible or likely impacts of any project or plan is measured and examined, it includes short-term, long term, operational, interactive and cumulative effects. famous case law titled, ‘The River Suir-Case of O’Shea and others’ in context to Ireland is discussed upon.
A new project named ‘Lower River Suir Natura 2000 site’ is constructed and its significant effects on overall population, residential use of land, development of opportunity sites, provision of improved car parking facilities, increased tourism, and, increase in recreational demand and facilities with increased use in and around River Suir. New policy of plan are developed to actively encourage proposals for bringing river back into the town, proposing future abstraction of water from River Suir to augment public water supplies. Proposed residential and industrial development might also result in wastewater discharges to the River Suir, and, promotion of alternative energy development proposals and technologies might also increase discharges at the...