Environment (Wales) Bill:

Challenges for Implementation Russell De’ath, NRM Advisor, NRWUKELA, 27th May 2015

Implementation challenges

33

Purpose of the Bill

• A modern approach to managing our natural resources in a proactive and joined-up way

…in doing so apply the principles of SMNR and SD (and the requirements of the WFG Act) and consider climate change to way we use and manage natural resources.

SMNR

1. Interpretation and Cultural

“Each time we decide to draw a boundary around an issue, we are doing so from a particular mental model that espouses certain values and assumptions...”

Kathia Laszlo, Saybrook University

1. Interpretation and Cultural

“take account of the benefits and intrinsic value of natural resources and ecosystems”

Section 4 (e)

Benefits

£

“Where [NRW] are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of [NRW] to notify that fact…”

•More than 1,000 SSSIs in Wales…

Should we review all of those in light of the other benefits that they provide?

Wildlife and Countryside Act 1981

NRW must:

“endeavour to achieve a reasonable balance between—

(a) the development of afforestation, the management of forests and the production and supply of timber, and

(b) the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest”

Does that mean taking land out of productive forestry to provide other benefits?

Forestry Act 1967 (as amended)Section 1 3(a)

NRW: What we do

• Adviser to Government• Statutory consultee • Designating authority• Environmental regulator• Permitting and licensing authority• Land manager and owner• Operator• Outdoor recreation• Incident management• Evidence

© Natural Resources Wales

1. Interpretation and Cultural

WHOPublic Service Organisations:

Well-being of Future Generations (Wales) Bill – Architecture

Long-term Integration Collaboration PreventionInvolvement

HOWSustainable Development Principle

TRANSPARENCYBetter information

PROGRESSNational Indicators

WELL-BEING GOALSA sustainable Wales

A healthier Wales

A Wales of cohesive communities

A more equal Wales

A prosperous Wales

A resilient Wales

Annual reporting

SUPPORTING THE CHANGEFuture Generations Commissioner for Wales Advice Review powers RecommendationsLong term Future Generations

ReportAdvisory Panel

Local Well-being PlanLocal Well-being Plan

Local Well-being AssessmentLocal Well-being Assessment

Welsh Government

Welsh Government

National Museum

National Museum

Arts Council

Arts Council

Sports Wales

Sports Wales

National Library

National Library HEFCWHEFCW Velindre

NHS Trust

Velindre NHS Trust

Public Health Wales

Public Health Wales

National Park Authorities

National Park Authorities

Natural Resources

Wales

Natural Resources

Wales Fire & Rescue

Authority

Fire & Rescue Authority

Local Authorities

Local Authorities

Local Health Boards

Local Health Boards

Community Councils

Community Councils

Public Services BoardsOther partners

EXAMINATIONSAuditor General for Wales Examination

s

Statement Responding to the Commissioner

Monitor

TRENDSFuture Trends Report

A Wales of vibrant culture and thriving Welsh language

A globally responsible Wales

Duty: Improve the economic, social and environmental and cultural well-being of Wales by contributing to the to the achievement of all the goals

• Natural resources contribution to well-being goals

• Facilitation of Area Statements

Leadership role, or the public sector’s “conscience”?

External perceptions of our role

2. Scale and Governance

Ecosystems work at many levels/scales...

2. Scale and Governance

…and so do decision makers.

2. Scale and Governance

“There is no single solution or recipe for effective governance of natural resources.

These will vary according to the type of resource at stake, the location, the stakeholders involved, as well as many other factors”

IUCN Contribution to “Environmental Justice and Global Citizenship” Governance of Natural Resources: Reconciling Local and National Levels

Learning from System Approaches, policy responses should:

establish the direction of the change required clearly

set boundaries that may not be crossed by any implementation strategy

allocate resources, but without specifying how they must be deployed

specify core evaluation requirements, for example frequency of output, but leaves the detailed design to local agencies.

From: J. Chapman, 2004 “System Failure”

National Natural Resources Policy

Public Service Boards…

…only part of the solution

3.Timescale

“NRW must publish its first report before the end of four months starting with the day this section comes into force.”

= September 2016

What scope to use s14? (Duty on public bodies to provide information or other assistance)

Section 8 (2)(SoNaRR)

3.Timescale Climate Change

3. Timescale

Long term thinking

Uncertainty

“(g) take account of the resilience of ecosystems…”

Also WFG Act, Section 4: The Well-being goals:

A resilient Wales: “A nation which maintains and enhances a biodiverse natural environment with healthy functioning ecosystems that support social, economic and ecological resilience and the capacity to adapt to change (for example climate change”).

How do we measure resilience?

Section 4 (principles of SMNR)

4. “Resilience”

Connectivity

Diversity

Extent Condition

= The ability to adapt to pressures

Ecosystem Resilience

Monitoring

1. Interventions should be ongoing and based upon learning what works, rather than specifying targets to be met.

2. The priority should be to improve overall system performance, as judged by outcomes on the ground.

3. The policy-making process would focus on the processes of improvement, rather than the control of the agencies involved.

4. Engagement with stakeholders would be based more upon listening and co-researching than on telling and instructing.

From: J. Chapman, 2004 “System Failure”

Learning from System Approaches

Conclusions (1)

• The sustainable management of natural resources is our shared responsibility

• NRW has a critical role to bind keys players together

• The outputs from the bill must be owned by everyone

Adaptive Management is Critical

Conclusions (2)

• The legal framework needs to allow flexibility in its implementation

• National policy needs to set clear direction

• There is an ongoing need to continue to unpick the legislative barriers

DiolchThank you