sou · GWB348EN · 2009-01-01 00:00:00 — The tourist industry is a sector which, in contrast to others, has derived clear financial benefit from the creation of nature reserves in the area and which has been very much a driving- force behind the process. Legislation has proceeded successfully, seen in a longer per- spective. It provided an opportunity for some degree of parallel regulation of land-based activities regarded as having an impact on the environment. Complementary legislation has been passed to simplify joint management between authorities. Within a few years the legislation will need to be updated, at the initiative of Parliament. Cooperation is another important aspect in ensuring that the zoning is respected and that inspection is being carried out. Regional authorities such as the Boating and Fisheries Patrol, the Water , the and the Australian Safety Authority cooperate in this. To improve understanding for the method of approach and to stimulate the opinion on the matter, information has been disseminated to the general public, in the form of maps and sector-specific information. One thing that the authorities involved regarded as being less successful in this context is partial zoning, in which certain areas, for example an or a reef, are divided between two or more zones. There have also been problems over putting out marker- buoys round the zones and widespread circulation of maps is rec- ommended instead. It has furthermore been difficult to steer tour- ism to the correct zones and it became necessary to increase the intensity of random checks. A regulatory system, permitting use of certain zones only at special times, is beginning to be applied. Planning of Swedish sea areas The Great Barrier is an example of zoning based on protective measures. The division into zones was, however, subsequently complemented by zones for different degrees of exploitation. The system has been given legal force and equipped with supervisory mechanisms. It can therefore be said that the Great Barrier zoning is a far-reaching variant of zoning. By contrast, under simpler forms of zoning the system is not legally enshrined, but instead consists of recommendations about usage and conservation measures. A system of this kind is cur- rently in operation in the German sea area of Mecklenburg- . The focus has primarily been on producing compre- hensive planning material and on engaging the public and stake- holders in the process. For various reasons, it has not been consid- ered appropriate to put in place in the binding components applied in the Great Barrier . An intermediate way can be to establish a zoning system with certain binding components. The planning material must be as complete as possible, but the legal mechanisms (at any rate at the outset) are applicable to only a limited extent. This may mean first establishing zoning and only later introducing steadily increasing regulation of the exploitation and conservation of the sea area. It can also be opportune to negotiate at the outset on the establish- ment of more zones in existing systems. That possibility is, for example, to be found as regards the EUs Natura 2000 classification in sea areas and the IMOs PSSA-classification to limit . It is, however, not possible to speak of zoning in cases where only certain individual sectors are affected. A system with zoning solely for nature conservation can therefore not be classified as zoning of a sea area. Correct application of the terminology means that there must be different degrees in the regulation of protection and exploitation. The is of the view that should introduce a system with binding zoning, since a non-regu- lated system would make difference in the practical and long- term consequences for sea areas. A system of partially binding zoning might be applied during a transitional period, but the objective must be to establish a comprehensive zoning plan for the sea areas. A clear division of responsibility and organisation for spatial planning is proposed in this report, to make it possi- Planning of Swedish sea areas Zones within the sea areas could also beneficially be established across national frontiers, since planning material cannot be adapted in accordance with geographical frontiers. What is required there- fore is to initiate cooperation on zoning between countries in the Baltic and North Sea. (The discussion continues in Section 4.6). In order to speak of full-scale zoning, as defined by the Inquiry, we need the following: The division into zones must be aimed at a system for both exploitation and conservation. The division must be based on the ecosystem approach. In fundamental respects it must be enshrined in law. Some form of inspection of the zoning will be necessary. It should be adaptable according to season or to other factors that have an impact on the exploitation of, or on the nature of, the zones. The zoning must be developed in a parliamentary process that comprises far-reaching discussion and consultation with stake- holders and with the general public. It should be coordinated with those countries whose economic zones are adjacent to that of . This definition can be applied in varying degrees of stringency. The Inquiry advocates a relatively strict application to ensure that the system is effective and capable of being used in judicial terms. Sec- tion 4.7 describes in greater detail procedures for its introduction. 4.6Marine spatial planning in neighbouring countries and regional cooperation I propose that should work for greater cooperation with neighbouring countries on spatial planning. A strategy for increased long-term international consultation should be set in motion on a Swedish initiative. I also propose that should work for the inclusion of spatial planning, including zoning, in the work of Planning of Swedish sea areas In several countries around the Baltic Sea, there is currently a readiness to divide the sea into zones. However, different countries often have different interpretations of the meaning of the concept. To begin with, therefore, agreement must be reached on how far-reaching the zoning is envisaged to be and to what extent it is appropriate to cooperate in the proc- ess. The Swedish position in the discussion should be the ambi- tion to introduce zoning, including binding components, with the objective of regulating exploitation and conservation based on the ecosystem approach. 4.6.1Regional cooperation on spatial planning In a number of countries discussions are currently in progress on the introduction of spatial planning in the Baltic Sea. Within the EU, VASAB and HELCOM have recently begun to focus on it. However, we are as yet at an introductory stage about how to handle it as an area of cooperation. VASAB 2010 (Vision and Strategies around the Baltic Sea 2010) is an intergovernmental forum which promotes a physical planning perspective in the Baltic Sea area. VASAB is elaborating practical guidelines and recommendations for work on greater international consensus. This work aims to demonstrate the benefit and neces- sity of employing physical planning principles in sea areas, in zones and around . The policy entitled Common Recommendations for Spatial Planning of the in the Baltic Sea Region has been adopted and advisers to Commission are also working on issues of physical planning in the Baltic Sea area. Representatives of environment and industry ministries regularly meet within the framework of EU working groups. and take part with representa- tives from the Baltic Sea regions. Ministerial conferences are also held to discuss recommendations and general developmental ques- tions, albeit not regularly. All the countries in the Baltic Sea area, together with and , take part in the cooperation. VASAB has no project funding of its own but instead contrib- utes expertise to project development within the framework of the Interreg Programme. It has a small secretariat which is working on the production of guidelines and recommendations. VASAB is at present primarily a discussion forum for the exchange of experi- Planning of Swedish sea areas ence and an advisory body for the countries in question on project cooperation on spatial planning in the Baltic Sea area. Pro- ject cooperation on this began in VASAB during 2007 with the objective of outlining general guidelines and principles for the Bal- tic Sea area. Background material from the different countries is currently being produced (spring ). In the HELCOM Baltic Sea Action Plan (BSAP), spatial planning is mentioned as an area for future joint efforts, but its work on the subject is still at an introductory stage. Several of the countries around the Baltic Sea have started work on spatial planning within their economic zones and territorial seas, but no real cooperation has yet been undertaken in the planning sector. The policy proposed by Commission mentions spatial planning and integrated zone man- agement as a possibility for development.10 The Commissions intention with the policy is to the Member States together on common principles and guidelines for the exploitation of the Unions sea areas The Commission recommends that Mem- ber States should establish national plans for policy dur- ing 2009. During 2008, the Commission will investigate further needs and possibilities regarding spatial planning, including zoning of the sea areas. Several Baltic and North Sea countries have cooperated on the concept of zone management in the course of a number of Interreg projects. The objective of these projects has been to develop management strategies for zones and the interna- tional exchange of experience. Initiatives for more holistic spatial planning are nevertheless a relatively new phenomenon in all countries and cooperation in this sector has therefore not occurred until quite recently. It has primarily taken place in the (now termi- nated) Interreg projects Balance and Baltic . The Balance planning model is described in Section 4.5. The Baltic project aimed primarily to develop methods for accident prepared- ness at sea within and between countries, as well as to provide examples of the complete mapping of a sea area and how it can be carried out. 10 An Integrated Policy for Union. Communication from the Commission to Parliament, the Council, Economic and and . {COM(2007) 574 final)}. Planning of Swedish sea areas 4.6.2Marine spatial planning in some neighbouring countries sea areas have common borders with nine countries: , , , , , , , and . These countries have different planning tra- ditions, which can often be explained on the basis of the traditional distribution of political power and of the structure of the admini- stration. In the former Eastern European countries, the planning system is more recent and, especially in the Baltic States, has not yet achieved any very great impact. In the Baltic States, different degrees of importance are thus attached to physical planning as a principle for organising the territory. Certain countries have begun to lay their sea areas, while others show no political interest for it at present. is a Federal Republic which consists of 16 states (Länder) and a large number of municipalities. Each state (Land) has its own government and own legislation. There are no instruments for overall physical planning at the national level. On the other hand, the Federal Government produces fundamental guidelines on a national basis which the other levels must observe in their plan- ning. Legislative planning instruments are delegated to the Länder, which have responsibility for general planning and also define the objectives for the municipalities. As regards spatial planning, responsibility as regards the economic zone lies at the federal level and is exercised through the authority known as Das Bundesamt für Seeschifffahrt und Hydro- graphie (BSH). The states of and , on the Baltic coast, have responsibility as regards the zone areas and the territorial sea. BSH works chiefly encompasses the industries and hydrogra- phy. It is also involved with all types of , the granting of permits for windpower, pipelines and cables, environmental moni- toring and the prosecution of offences. It is a cooperation partner in several international organisations, in which its primary concerns are with navigational safety and protection. The German economic zone is rather small in extent. Planning of Swedish sea areas zone comprises primarily the publication of licences and various types of project work, particularly as regards windpower, pipelines and cable-laying. Various ministries are linked into the processes, depending on the nature of the business in hand. The process of initiating planning in the economic zone has been rather slow in . The remit of BSH, which has long had responsibility for hydrography, was extended to embrace spatial planning in the late 1990s. It made an inventory by circulating questionnaires to all actors in the zone relating to needs in the sea areas. Later, questionnaires were also addressed to voluntary organisations. The process of gathering views and collating them took approximately two years. Several ministries are currently considering how to balance different inter- ests in the sea area. Hearings for the general public and for repre- sentatives from countries adjacent to the Baltic will also be held. legal changes will be made in the period up to 2008. Finally, specific legislation will be enacted on planning in the economic zone. An environmental impact assessment, as is required by the EU, has already been undertaken. About 40 percent of the German economic zone comprises Natura 2000 sites. The authorities have nevertheless not been able to exclude from these zones. On other hand, to take another example, enterprises making plans to lay cables through Natura 2000 sites have not been given state financial support, which has served to encourage them to lay their cables elsewhere. BSH judges that conflicts are rapidly increasing in the German sea areas. There is also an older conflict about fishing and new conflicts arise relating to cable-laying. Special zones for water sport will now be introduced. In there has long been a to close certain areas to fishing altogether, but this has so far not proved possible. Management plans for sea areas have still not been established. The German assessment is that what happens in the economic zone is of no great public interest and that there is therefore no direct democracy dimension to take account of in this context. No need is seen for far-reaching zoning in the economic zone. There is currently no political pressure to bring about zoning in its more regulated form. The basis for mapping in the zone has nonetheless been produced in cooperation between the environment ministry and BSH. The latter is also of the view that it is a question of what data are available and that conceivable influence from different forms of use is often relatively unknown, making more research Planning of Swedish sea areas The federal level has led the process of establishing limitations and seeking to bring about solutions within the zone. The public have also been involved. As regards windpower installa- tions, there has been great public participation. Many of those liv- ing by the coast have protested against the construction, but municipal politicians have not followed local opinions. Demon- strations against new constructions have also been mounted by the tourist industry. In federal state planning programme there are devel- opment plans for areas out to the boundary between the territorial sea and the economic zone. These plans are produced in coopera- tion between authorities, municipalities and voluntary organisa- tions. out an extended form of comprehensive planning. , the other federal state on the Baltic coast, has not come quite as far in its spatial planning. Discussions about introducing planning of the territorial sea in began towards the end of the 1990s. It was found that there are few areas at sea where windpower could be sited. Work on creating a system for assessing activities in the ter- ritorial sea has now begun. The Federal Government changed the planning law in 2004, making it possible to implement the new planning model. Since then work has been carried out on the crea- tion of intersectoral plans. The kind of zoning on which work is taking place will in the end be relatively far-reaching. There will be different regimes for and summer zoning. Zoning plans are to be circulated to all stakeholders and to the public. It is never- theless doubtful whether the plan will be based on principles of strict prohibitions, but will instead probably rely on voluntary observance. A first round of consultations related to the plan was concluded in . The obligatory environmental impact assessment has been submitted to Commis- sion and approval by the Government has been given in a second round. comprises 16 regions and a large number of counties, as well as municipalities, and they have independent responsibility as regards physical planning. Sea areas are included in comprehensive Planning of Swedish sea areas plans in the same way as land areas. The national level ensures that these are in accordance with the national principles. The counties, the level below the regions, have certain powers of self-governance but carry out specific tasks at the request of central government. Central government has responsibility for drawing up planning guidelines but no special concept is employed. There is at present no hierarchy among the existing plans. do current regulations assume participation in the planning process by stakeholders and the public. The Polish planning system is just now undergoing amendment in the legal respect. The proposed amendments are intended to make planning more practical and less theoretical. These changes in the Polish planning system are being implemented through a par- liamentary process. A first draft was published at the beginning of 2008. It does not comprise a plan but only a vision and a policy. There has been no particular planning system for the sea areas and none will be established by the present reform. The work on fur- ther definition of responsibility and exploitation of sea areas in the economic zone began in 2006. However, in the present situation there are constitutional obstacles to establishing planning systems for both the territorial sea and the economic zone. Experimental zoning has been conducted in a test area in the western part of the Bay of . The idea is that the study will in the longer term lay about permanent and time-limited prohibitions. Such a decision can come into force if the land and water planning authorities agree in the matter. From the national vantage point, exploitation of the Polish sea areas is currently regarded as rather low. For the future, the assessment is that fishing will diminish, while tourism and the con- struction of wind turbines will increase. The Natura 2000 concept is not yet developed in Polish sea areas. As regards zoning as a part of spatial planning, the Polish view is that more research is necessary before decisions on its possible introduction can be taken. consists of regions and municipalities that have responsibil- ity as regards the physical planning within their own territories. A central government authority has ultimate responsibility in respect Planning of Swedish sea areas of national physical planning. The Oblast Region, the Oblast and the Oblast all lie on the Baltic coast and to some extent cooperate with neighbouring countries as regards, for example, survey material for spatial planning. That apart, does not currently carry out any planning of its sea areas in the Baltic. local administrative system comprises 10 regions plus municipalities. The legislation does not concern responsibility for sea areas, but it does relate to zones, for which the munici- palities are explicitly responsible. This does not, however, entail any specific responsibility for spatial planning. There are no principles governing physical planning in the territorial sea or the economic zone and no special efforts in spatial planning are being carried out or currently planned in . Central government is ultimately responsible as regards the ter- ritorial sea and the economic zone. The assessment in is that the need for planning efforts for sea areas will probably increase as regards nature conservation measures. The intention is to extend the designation of areas for conservation and protection. There are also several areas where conflicts of interest may arise in the future. Fairly extensive mapping of the sea areas has been car- ried out. As regards windpower, plans have been drawn up for future areas. Other areas considered as possibly requiring planning are cable-laying between and , and the presence of chemical weapons on the sea bottom. comprises 26 districts, together with a quite large number of municipalities. General national principles for physical planning are defined in the legislation. Responsibility for planning is shared among the administrative levels, and there are principles about the right of independent decision for the lower levels. National principles for physical planning are currently being worked out in . The intention is in part that the national strategy should be better coordinated with the district level. Planning of Swedish sea areas legislation will be introduced at the same time. In the new legisla- tion the sea will be dealt with as if it were a territory. No particular efforts for spatial planning are currently being conducted or planned in . There are no principles governing physical plan- ning in the territorial sea or the economic zone. The Government has ultimate responsibility as regards the economic zone and in certain cases determines the outcome of conflicts of interest. Possible areas for the siting of windpower installations have recently been outlined in . A strategy for the zone areas is currently being elaborated. spatial planning has no high political priority, with some exception as regards work in the framework of HELCOM. spatial planning is chiefly seen as a national matter. Estonia has 15 counties, with associated county administrative boards, which constitute government authorities. There is no administrative level between central government and local authori- ties. Cities and municipalities have responsibility in the matter of physical planning. National physical plans function as strategies and objectives for balanced and sustainable physical development. Central government is ultimately responsible as regards the ter- ritorial sea and the economic zone. No special efforts for spatial planning are being conducted or planned at present in Estonia, apart from within the framework of projects such as Bal- ance. is divided into 13 regions belonging to the central govern- ment administration. It is further divided into 19 regional councils comprising associations of municipalities. Regional plans define the framework for the more detailed municipal plans. The municipali- ties to a large extent have responsibility as regards planning of their land and sea areas. Central government lays down overarching national principles for physical planning and ratifies the plans of the regions and municipalities. Central government has also an important role in the national coordination and inspection. Planning of Swedish sea areas Government has ultimate responsibility as regards the economic zone. Sectoral responsibility in this area is not currently coordi- nated. zone problems have been managed through regional planning, as it was considered that this could not be organised at the municipal level. There has been legislation in this area since 2000, when regional planning was strengthened.