Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Action - 8 page report summary.
Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Action.
V. Jenkins
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Local Authorities and Sustainable Peatland Management
Executive Summary Peat is a soil that many of us know only as a ‘good compost’ or fuel for the fire. We might also have some idea of its historic significance as areas of very deep peat form over thousands of years. However, few people understand the multiple benefits of peatlands to local communities. Peat soil is carbon rich and peatlands provide an important carbon store. In some circumstances peat can also be a useful tool in carbon sequestration. Peatlands are also wetlands and in a ‘good condition state’ they can help to mitigate against the effects of climate change such as, increased flooding and wildfires. In addition, peatlands form the foundation for many ecosystems often supporting some of our rarest species, such as the Marsh Fritillary butterfly. We can also enjoy peatlands through recreational opportunities for walking in nature reserves in lowland areas and in experiencing the wilderness of hiking in the uplands. Peatlands, especially in the uplands of Wales, also provide a familiar landscape that is important to our cultural wellbeing.
The Ecosystem Benefits Provided by Peatlands
Many of the peatlands in Wales have been damaged by human activities. Maximising the ecosystem benefits of peatlands depends on their future sustainable management, including peatland restoration. Together these activities are referred to as sustainable peatland management (SPM) in this report. Effective governance for SPM will rely on recognition of the multiple benefits of peatlands and their relevance to Wales’s well-being goals and policies on climate change and nature recovery.
Welsh Government set out is policy ambition for peatlands in a Decision Report, in 2019, as follows: • ensuring all peatlands with semi-natural vegetation are subject to favourable management/restoration (a minimum estimated area of 30,000 ha); and, • restoring a minimum of 25% (~c. 5,000 ha) of the most modified areas of peatland.
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Local Authorities and Sustainable Peatland Management
The significance of SPM to Wales’s targets on climate change and nature recovery is gaining increasing recognition. Currently, Natural Resources Wales (NRW) have central responsibility for developing strategies and carrying out activities to meet these goals. Welsh Government has tasked NRW with providing a map and baseline assessment of peat in Wales and creating a 5 year National Peatlands Action Programme (NPAP). However, SPM in Wales will require an effective multi-level governance system. Local authorities have important local knowledge to contribute to the delivery of SPM as well as the skills and experience to engage with local communities on this issue. The aim of this report is to provide a detailed consideration of the potential role for local authorities in SPM. The report is written by a law academic and adopts a methodology based on doctrinal legal research. This forms the foundation for considering the role of local authorities in SPM in both their own operations and working in partnership with others. The research outlines these legal rules with reference to the wider policy and funding contexts in which they operate. Subsequently, it provides an evaluation of the framework of rules relevant to law, policy and funding at a local level in the light of the objectives of SPM. Reflecting the multiple benefits of SPM, the review identifies and outlines the following ways in which the powers and responsibilities of local authorities are relevant to SPM.
The Powers and Responsibilities of Local Authorities Relevant to SPM
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Local Authorities and Sustainable Peatland Management
Local Authorities and Partnership Working for SPM
NRW
Partnership working between local authorities and other actors will also be essential to SPM because nature doesn’t recognise administrative boundaries and peatlands may cover a wide area. These partnerships will need to involve a range of organisations, operating at different spatial scales, who can bring different forms of knowledge to bring to the table.
Dwr Cymru
Private landowners
Local Authorities
National Parks
Third sector organisations
Public Service Boards
There already a number of mechanisms, statutory and otherwise, in place to support partnership working between local authorities and other organisations; focused on Welsh Government’s goals in terms of wellbeing and nature recovery. By recognising the important part peatlands play in meeting these objectives, these vehicles may be used to further the aims of SPM.
Mechanisms to Support Partnership Working for SPM
Corporate Joint Committees
Area Statements
Local Nature Partnerships
Funding is essential to partnership working especially where it involves peat restoration. The NPAP has dedicated funding for SPM but by recognising the multiple benefits of peatlands it is possible to identify other potential funding sources for SPM, including Welsh Government, UK Government and charitable organisations. Private funding may also play an important role in peatland restoration and local authorities may have a role in operating as a trusted ‘broker’ to negotiate agreements between landowners and private companies.
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Conclusions and Recommendations Welsh Government has ambitious targets for SPM and has tasked Natural Resources Wales with creating a National Action Programme to achieve this. NRW’s peatland map focuses on areas of deep peat >40cm. Whilst there is, of course, benefit in focusing on large-scale restoration of areas of deep there may also be possibilities to support SPM in different ways and at more local scales. Local authorities can have an important role in developing local knowledge of peatlands and integrating this in local policies and action as well as influencing and working in partnership with other organisations. SPM can provide multiple ecosystem benefits and recognising this is key to the maximisation of the benefits of SPM to local communities. Local authorities have a number of core functions that are relevant to SPM and can also undertake discretionary and externally funded activities in support of this aim. Much will depend, however, on their ability to develop and incorporate local knowledge of peatlands in these different policies and operations. Local authorities may also have a significant role in influencing other actors and working in partnership with them. Much could be gained, for example, from sharing experiences and expertise between Natural Resources Wales, National Parks, the third sector and local authorities. There are some existing mechanisms to support this, such as Local Nature Partnerships, Public Service Boards and Area Statements, which may provide a focus for action in the future. Practical action to support SPM will require significant funding and by recognising the multiple benefits of peatlands, and the value of local knowledge in this respect, local authorities may be able to work with partners to access funding from a variety of sources. This may require some skills development in understanding the challenges and opportunities of SPM in the local area; making grant applications; and in developing partnerships for the delivery of projects. In future, local authorities may be able to assist in developing opportunities for private funding. These are all activities that will require ‘resource’, which can be sourced from the local authority or through other external initiatives. SPM is an example of a nature-based solution that can contribute to Welsh Government’s agenda for action on climate change and nature recovery. However, legal frameworks and national policy in Wales are generally developed on a sectoral basis that does not always support SPM. There is a need to ensure that these frameworks provide a more effective underpinning for local action on SPM. In particular, there is a need to carefully consider how existing policies will support the development of resilient ecological networks, at multiple scales, that contribute to both carbon storage and biodiversity. Indeed, SPM as the focus of this report has highlighted some wider issues with respect to the role of local authorities in developing nature-based solutions and resilient ecological networks in Wales. Arguably, ecological systems of governance work best where there is a clear emphasis on multi-level governance. This requires careful consideration of the best means of providing strategic direction for action and delivery on the ground; and recognising a range of technical expertise and local knowledge in decision making. Overall, the conclusions of this report suggest that Welsh Government could improve the current approach to SPM by providing strategic guidance to local authorities and supporting the development of local knowledge on SPM as part of wider work to develop nature-based solutions and resilient ecological networks in Wales.
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Key Recommendations Recommendation 1 Local authorities can play a significant role in SPM, and this should be recognised by all actors with an interest in nature-based solutions in Wales. SPM is relevant to the statutory functions of local authorities as well as their discretionary and externally funded activities. Recommendation 2 Welsh Government should support local authorities in developing local knowledge and expertise on SPM, recognising the important links between this and the development of resilient ecological networks (including carbon networks). Recommendation 3 Welsh Government should consider providing guidance to local authorities on the contribution they may make to SPM. This may form part of wider guidance on their role in the development of nature-based solutions and resilient ecological networks. Recommendation 4 Local authorities can integrate concerns for SPM in a wide range of policy areas and do not need to rely exclusively on their role in land use planning to support SPM. This includes policies and strategies for flood prevention, decarbonisation, access to green spaces/countryside and culture/heritage. The cross-cutting agenda for developing nature-based solutions and resilient ecological networks can also be supported in the well-being objectives that underline a local authority’s corporate strategy. Recommendation 5 Local authorities can take action on SPM themselves, but also have an important role to play in influencing other actors and working in partnership with them. There are some existing relevant mechanisms such as Local Nature Partnerships, Public Service Boards and Area Statements. There is, however, room to improve the way these systems operate to support SPM. Recommendation 6 Whilst funding is restricted temporally and by the particular agenda of different funders, local authorities can create longer term strategies and develop evidence to be able to respond to these opportunities either individually or in partnership with other organisations. In order to capitalise on current and future funding opportunities it is important to recognise the multiple benefits of SPM. Recommendation 7 Legal frameworks and national policy in Wales are generally developed on a sectoral basis that does not always support SPM. This has been explored in depth in previous work by the author. This is also evident in the approach to the public sector net zero target. There is a need to ensure that these frameworks provide a more effective underpinning for local action on SPM. Recommendation 8 In future, local authorities may be able to assist in developing opportunities for private funding for peatland management and restoration. Further research needs to be carried out to consider any barriers presented to this by the current structure of powers of local authorities in Wales.
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Local Authorities and Sustainable Peatland Management
About the Author
Victoria is an Associate Professor in the Hillary Rodham Clinton School of Law where she has worked since 1999. Her research interests lie in environmental law, specifically legal approaches to sustainable land management and natural resource management, including the significance of ideas of landscape. She is particularly interested in these issues from a local and Welsh perspective.
Acknowledgements This report was produced as part of a Policy Fellowship with UKRI funding from the Landscape Decision Making programme. I would like to thank Dr Jonathan Walker with for his technical support with this project which is linked to his own UKRI Fellowship on Welsh Peatland Evidence. I would also like to thank all the individuals who took time out of their busy working day to discuss this research with me. However, any errors, omissions or opinions expressed are my own. Disclaimer Victoria Jenkins provides information and resources for educational and informational purposes only. Nothing in this paper publication constitutes legal advice or creates a legal relationship between any party. The information provided is not a substitute for legal advice from a licensed solicitor/lawyer in your jurisdiction. Victoria Jenkins does not make any representations or warranties, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the publication or the information, products, services, or related graphics contained in the publication for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will Victoria Jenkins be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this publication.
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