Natura 2000 exception
ESTONIA
SITUATION: The Estonian Government has made a principle decision today in a very long and intense dispute of saving/demolishing a national monument (historic dam) vs 3,5 km extra free movement for fish on the Natura 2000 area. The decision was made in favour of the monument and so an exception from the Natura 2000 network requirements must be applied for. For obvious reasons the Environmental Agency is not willing to prepare the necessary documentation so our colleagues from the Ministry of Culture have to do it and prepare the needed documents for the Government to sign by Monday.
REQUEST: Does any of our members have had any experience with the Natura exception? Any advice on the proceedings, on the wording etc.? Our Estonian colleagues would be very thankful if anyone could share any experience, document samples or anything that would help
IRELAND
IROPI Under article 6(4) Imperative ressons of overding public importance (for critical infrastructure)
FLANDERS
Flanders Heritage has no experience in asking for exception from the Natura 2000 network requirements. Most of the time we try to negotiate with our colleagues from the Nature Department to find a solution that suites both. Sometimes we ‘win’, sometimes we ’lose’. When we can’t find an agreement it’s the Flemish government that decides which way to go.
In these negotiations we stress always that the current state of nature conservation is maintained and that there is no negative impact on the existing values. Heritage conservation/management does not prevent nature conservation/management. An integrated management based on an integrated area-specific vision protects cultural as well as natural heritage.
Perhaps the following documents can give you some inspiration on the wording used in these context:
Europe’s cultural and natural heritage in Natura 2000 – Publications Office of the EU (europa.eu)
SCOTLAND
I can confirm that there have only ever been two Natura 2000 exemptions in Scotland, but neither of them involved a Heritage asset so unfortunately we have no relevant experience to share.
THE NETHERLANDS
It was hard to find good Dutch examples for this kind of exceptions. Probably you meant by dams also water mills. We don’t know them exactly the way you described it, but there were some projects that have similarities f.e:
– there is an area called Ooijen-Wanssum from the archaeological domain regarding infrastructural works in a certain river bed (N2000 area) that were in the end not fully implemented because in the mean time they found interesting archaeological remnants. So plans were partly adapted. In this case the solution was to dig up an old river arm plus create an extra water flow. This rerouting worked well.
– there is a wish within ‘nature’ to remove all kind of obstructions in order to let the river flow as free as possible and put fish passages in place if applicable. But there are examples that both is possible f.e. in the stream valley of the Mos (Mosbeekdal) including its water mills.
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