Nitrogen deposition is a hot topic in the Netherlands. With an aim of contributing to practical solutions for the current impasse, we have joined forces with Peutz, Waardenburg Ecology and ecologist Gerard Smit to draw up a whitepaper in which we provide guidance for short-term possibilities, at the provincial level, to increase clarity on which activities can be conducted.
By increasing the level of knowledge on and availability of information on protected habitats, and by increasing transparency in respect of government policy and its effects, it should in our view be possible to allow for activities that would, for example, cause short-term and limited additional nitrogen deposition onto Natura 2000 areas.
In our (Dutch language) whitepaper, we set out four practical solutions that can be implemented straight away by Dutch provinces to contribute to the general body of knowledge on protected Natura 2000 areas in the Netherlands.
- Conduct more detailed (desk) studies into the current status of the protected habitats in Natura 2000 areas, including on other key ecological factors other than nitrogen deposition, and ensure that all this information is available to professionals on an open-source basis. That way, the available body of knowledge remains current and up to date, and the level of detail increases.
- Ensure that governmental policies aimed at bettering the current state of the protected habitats in Natura 2000 areas are easily accessible (for example through a single web portal for all provinces) and include all studies on the measured and expected effects of these policies in the same place. That way, anyone wanting to conduct new activities or amend its current activities can easily refer to effects of existing policies and actions when assessing the effects of its own project onto Natura 2000 areas.
- Introduce an information obligation in respect of projects that do not cause significant negative effects onto Natura 2000 areas, and consequently do not trigger a permitting obligation. That way, information on the cumulative effect of small projects that only cause limited contributions to the overall background nitrogen deposition levels in the Netherlands is available in real time. This allows provinces to better assess whether a project might need a permit.
- When making use of the exemption for projects iwith an overriding public interest (under the Dutch implementation of Article 6(4) of the Habitats Directive), we suggest assessing the possibility for overcompensation, to help steer Natura 2000 areas into a better state at shorter notice.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
