26.09.01

Norway Examines Legislation for the Protection of Biodiversity

The Norwegian Government appointed in april 2001 an expert group assigned to examine Norwegian legislation with the aim to strengthen legal measures for the protection of biodiversity in Norway, included how legislation responds to the issues within the scope of the Convention on Biological Diversity and other relevant international instruments.

• Norwegian pages

According to the Norwegian Constitution every citizen is entitled to a sound and sustainable environment, and natural resources should be exploited in a sustainable manner. Present legislation in Norway includes several laws for the protection of wildlife and the conservation of particular areas, but a more comprehensive legislation with the overall objective of protecting biodiversity as such has until now not been an issue. So far legislation has focused on protection of specifically targeted and threatened species or ecosystems and extraordinary or beautiful landscape. Approximately 8 % of the total area of Norway is today protected pursuant to the Nature Conservation Act, almost half of this being high altitude low productive mountain areas. Concrete plans exist that will increase areas of conservation to around 13 %. But even after this, the use of around 90 %, i.e. most of Norway, is in practice of decisive importance for whether one can prevent further losses of biological diversity. Furthermore areas at sea and marine species are found to be inadequately covered by legislation.

According to its mandate, the group should give recommendations on how environmental law as well as other parts of Norwegian legislation could be improved and structured so as to make sure that biodiversity concerns are taken into account in all relevant areas of society. The Government also asks the group for advice on whether and how internationally recognised environmental principles and approaches, such as the precautionary principle, ecosystem approach and principles for sustainable use, should be reflected in national law.

Access to genetic resources and benefit sharing are identified as separate and priority issues as this is an area not yet subject to legislation in Norway. Likewise, the problem of introductions of alien species is another concern where the actual development trends in society such as increased global trade and mobility run ahead of the development of protective legislation.

A most pressing and challenging issue for the experts is development of a more comprehensive approach to protection of areas and habitats, both on land and at sea. Present legislation does not appropriately reflect the inter-dependency of conservation of species and habitats, or the close links between conservation of "man-made" biological diversity and cultural heritage. Liability issues, such as compensation for biodiversity loss, remain to be properly examined. Although all land use in Norway is covered by the general provisions of the Planning and Building Act, few restrictions or mechanisms are in place for an effective and timely protection of a wider range of habitats, including habitats for threatened species. Once a wilderness country, true wilderness areas in Norway are today seriously threatened from a wide range of activities, and could be history in less than one generation if due action is not taken.

The group should conduct its work in a transparent and inclusive manner, including in particular the indigenous people (the Sami population), as well as environmental groups, industry and other stakeholders.

The group shall present its report to the Government before October 2003. The report would then have to be followed by a government proposal for new legislation to be adopted by the Parliament.