In this blog post, we explore the introduction of Biodiversity Net Gain (BNG), a net positive strategy that, for two days, has already been mandatory in England.
To set the scene, an introduction to compensatory measures
All bodies involved in environmental impact assessment processes will be familiar with compensatory measures. Classified in the hierarchy as a 'last resort', they act to ensure the availability of habitat or resources important to biodiversity lost during a development process. It is the option to which it is not possible to resort to in the case of the prevention or mitigation of ecosystem impacts due to design modifications, and it seeks to preserve connectivity, one of the main goals of the Natura 2000 Network. This involves the creation of new habitat areas or the necessary resources to support the species affected by the project, which can be carried out on land adjacent to or outside those of the project in question. The important thing is that the purpose and scope are comparable to those of the affected terrain, and to the extent possible that you are ready before working in the project area.
Paying the debt with interest
Compensatory measures are mandatory for projects approved only for compelling reasons of public interest, and this is the case both in Spain and the European Union (Habitats Directive) and in the United Kingdom (Habitat Regulations 2017). However, in England, that mere compensation will not be enough any time soon. The arrival of Net Biodiversity Gain (BNG) works as a new last step in the hierarchy. Your goal? It aims to go one step further and leave the habitat in a better state than it was before development, increasing biodiversity by at least 10%.
How will it work?
Since February 12 of this year, BNG has been mandatory for all land managers, developers and local authorities in England. The BNG has its own hierarchy, and there are three ways to comply with the rubric. The preferred option is the creation of habitat on the same land on which you are going to work, with the creation of habitat in foreign land coming second in preference. In these first two cases, when talking about the restaurant and management area, it refers to Units (biodiversity units). These units are not simply quantified by size, but qualitatively according to their biodiversity value in accordance with the biodiversity metric 4.0 (Biodiversity Metric 4.0). The units can be both public and private, but in the latter case the local planning organization can act as an intermediary. The legal agreement must include a habitat management and surveillance plan (Habitat Management Monitoring Plan) with at least thirty years of validity, and the cost of the unit will include all expenses (among many others) regardless of whether the activity is carried out by the owners of the land or a third party.
If for justified reasons the two options pertaining to biodiversity units are discarded, the person or body responsible for the project will have to purchase statutory credits from the government, which contribute to habitat creation projects. But beware, that easy way to comply with the regulations comes at a cost. To promote 'own' work of creating and managing habitat, and not to compete with private sellers of BNG units, the government has chosen to set very high prices for those who choose this route. These prices have been proposed according to the species richness and the rarity of the habitat subject to damage or loss, and start at a price of £42,000 for a single tree, a fruit field or urban land, and go up to £650,000 for more unique habitats, such as lakes such as peat and alkaline lakes. Compared to statutory credits, the purchase of units could be accompanied by substantial savings, in some cases tens of thousands of pounds.
Teamwork
It is clear that the challenge posed by the BNG is of enormous proportions. Enthusiasm levels are already high, and some companies are following the guidelines already in advance. But it also involves a great deal of legislative and technical training for everyone involved. For technicians working in environmental consulting, the challenge will be even greater, since they will not only conserve ecosystems but, for all intents and purposes, design them. Will it be a smooth transition? Only time will tell, but if it works the way you want it, it will have a positive impact that lasts for decades.
This is just a brief introduction to a project that will bring about a decisive change, and this entry could be extended to many more pages. Below are the sources consulted to write this text, they contain a lot of interesting information about the BNG.
Bibliography
Biodiversity Net Gain FAQs — Frequently asked questions. (n.d.-b). Local Government Association. Retrieved September 26, 2023, from https://www.local.gov.uk/pas/topics/environment/biodiversity-net-gain-local-authorities/biodiversity-net-gain-faqs
CIEEM. (2023, September 19). CIEEM Webinar: Biodiversity Net Gain: What Next? [Video]. YouTube. Retrieved September 23, 2023, from https://www.youtube.com/watch?v=X36C-ppgDPA
Dorset Council Biodiversity Net Gain Guidance for Applicants and Agents V1.0. (2023, July). Dorset Council. Retrieved September 26, 2023, from https://www.dorsetcouncil.gov.uk/documents/35024/302701/Dorset+Council+Biodiversity+Net+Gain+Guidance+v1.0.pdf/0b7d4de2-f7cb-3eef-3862-e7ffb4c686e3
Guidance document on paragraph 4 of Article 6 of the
“Habitats Directive” 92/43/EEC. MYTHECUS. Retrieved September 26, 2023, from https://www.miteco.gob.es/content/dam/miteco/es/biodiversidad/temas/espacios-protegidos/documento_orientativo_art6_4_tcm30-196714.pdf
Sell biodiversity units as a land manager. (2023, September 19). GOV.UK. Retrieved September 26, 2023, from https://www.gov.uk/guidance/sell-biodiversity-units-as-a-land-manager
Statutory biodiversity credit prices. (2023, August 11). GOV.UK. Retrieved September 26, 2023, from https://www.gov.uk/guidance/statutory-biodiversity-credit-prices
The Biodiversity Metric 4.0 (JP039). (2021, July 7). Natural England — Access to Evidence. https://publications.naturalengland.org.uk/publication/6049804846366720#:~:text=BIODIVERSITY%20METRIC%203.1%20The%20Biodiversity%20Metric%203.1%20is,for%20the%20purposes%20of%20calculating%20biodiversity%20net%20gain.
Understanding Biodiversity Net Gain. (2023, February 23). GOV.UK. Retrieved September 26, 2023, from https://www.gov.uk/guidance/understanding-biodiversity-net-gain
Jessica Stokes, Biodiversity
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