2014 WORLD BANK CONFERENCE ON LAND AND POVERTY “Integrating Land Governance into the Post-2015 Agenda: Harnessing Synergies for Implementation and Monitoring Impact” Research on Key Aspects of Land Governance Danielle Edwards Attorney-at-Law & LL.M. Candidate Images of Climate Change events Definition of Land Use Planning Land Use Planning Laws Institutional Framework Major areas for Land Use Planning adaptation strategy Recommendations Image: Flickr/ Steve_Mc Port-of-Spain, Trinidad & Tobago Increased vulnerability to floods spell and increased disaster risk, flooding of homes and cars Image: Desmond Brown/ IPS; Source: http://goo.gl/q4JLjG Implications for the Insurance Industry Mullins Bay, Barbados Rising sea levels and beach erosion – a big threat to the tourism industry, investment and GDP derived from tourism Image: Planet Barbados Blog; Source: http://goo.gl/tKuGTR Mullins Bay, Barbados The Caribbean islands have built their tourism image on sun sea and sand- a lot is at stake. As the sea levels continue to rise, time is running out Image: Planet Barbados Blog; Source: http://goo.gl/tKuGTR Roseau, Dominica Poor land use practices threaten watersheds and water supply. In Dominica, rivers are drying up. In many other islands, many rivers have already dried up. Image: Desmond Brown/ IPS; Source: http://goo.gl/hVSbq0 Tough choices vs. food insecurity Image: News.dm; Source: http://goo.gl/dFz6gI Food Security is threatened by hurricanes. Image: Spinoza Rod Company; Source: http://goo.gl/SjzkSF Every time a crop is lost, - the food import bill increases, - agricultural GDP is affected - farmers and households suffer greatly Carib (Kalinago) Reserve, Dominica Indigenous people are very vulnerable because of close relationship with environment Image: Repeating Islands; Source: http://goo.gl/RmNjPA 70 60 50 2025 40 30 2050 20 10 0 Source: Bueno et al. (2011), The Caribbean and Climate Change, The Costs of Inaction http://ase.tufts.edu/gdae/Pubs/rp/Caribbean-ES-Eng.pdf Land use planning is the systematic assessment of land and water potential, alternatives for land use, and economic and social conditions in order to select and adopt the best land-use options. (FAO) Land Use Planning must be a part of Climate Change Adaptation strategy in the post-2015 developing strategy for Small Caribbean States. Major areas for Land Use Planning adaptation strategy: 1. Watershed Management 2. Improving Food Security 3. Disaster Risk Reduction 4. Sustainable Tourism Development 5. Protection of Indigenous People (Dominica) Land Use Planning Laws Barbados Town and Country Planning Act Cap. 240 and the Coastal Zone Management Act Cap. 394 Dominica 2002 Physical Planning Act Trinidad & Tobago Town and Country Planning Act (TCPA) 1982, Chap 35:01 Land use planning as the systematic assessment of land and water potential, alternatives for land use, and economic and social conditions in order to select and adopt the best land-use options. (FAO) Barbados Town and Country Planning Advisory Committee Dominica Physical Planning and Development Authority Trinidad & Tobago The Town and Country Planning Division WATERSHED MANAGEMENT Trinidad & Tobago’s Section 9(2) of Trinidad & Tobago’s TCPA land use planning authorities may impose conditions on a grant of development permission. In practice these can include responsibilities to: (i) the preservation of the existing watercourses on the site, thereby prohibiting backfilling of tributaries (ii) the preservation of trees, vegetation or other natural features of the land Dominica’s Act Section 28(1) of The 2002 Act The Authority may impose conditions on a grant of development permission which arrange for the preservation of the supply of water to the development and the preservation of vegetation or other natural features of the land. IMPROVING FOOD SECURITY IMPROVING FOOD SECURITY Barbados Act Section 6(1) of Barbados Town and Country Planning Act requires the Town and Country Planning Committee to create a development plan. Section 6(1)(b) requires the requisite authorities to ‘allocate areas of land for use for agricultural […] purposes’. Pursuant to section 11(1) of the Barbados Act, the Chief Town Planner is under a duty to carry out a fresh survey of the island and submit a report of the survey together with proposals for alterations or additions every five years. This provision allows the land use planning authority to revise the allocation of agricultural land, informed by changes in community food security DISASTER RISK MANAGEMENT Trinidad & Tobago and Dominica land use planning authorities may make recommendations to the Minister to relocate and rehabilitate settlements from vulnerable coastal settlements or flood zones in the interest of disaster risk management. Trinidad & Tobago Advisory Town Planning Panel may make such recommendations for relocation under section 4 of the Town and Country Planning Act. Dominica Under section 9(4)(b) a development plan may designate any area as an area which should not be developed due to its susceptibility to flooding, erosion, subsidence, instability or other condition of the physical environment Government policy, funding and support will ultimately determine whether these recommendations are adopted or implemented through adaptation strategies. Image: Reflections development Source: http://goo.gl/0BD2E4 SUSTAINABLE TOURISM DEVELOPMENT A 2010 report by the Caribbean Community Climate Change Centre concluded approximately $BDS1,532,105,500 of tourism assets of a single tourism development area- Speightstown, Barbados is at risk to the impacts of climate change Barbados Minister must consult the Director of Coastal Zone Management prior to granting or refusing planning permission within coastal management zone. (sections 15(1A) and 17(1C) of the Town and Country Planning Act) Section 8 provides for consultation with those who may be affected by proposed development. Members of the public may have the opportunity to raise awareness of specific circumstances which heighten their vulnerability to climate change. This outreach can enable land governance authorities in better decision-making for disaster risk reduction through coastal management PROTECTION OF INDIGENOUS PEOPLE Dominica Section 3(1)(h) of the 2002 Act Empowers the Authority to make decisions for improving the well-being of the people of Dominica. - Indigenous people live on communal lands, without title. - However, the Authority may encourage improved building technologies to reduce community based disaster risk reduction in the Carib Reserve through outreach programs. - Encourage community leaders to integrate standard building practices with traditional methods for disaster risk reduction Land Use Planning will not fix all of our problems, but without improved land use planning our problems cannot be solved. CHALLENGES FOR LAND USE PLANNING Inadequate remedies where government is the aggressor. CHALLENGES FOR LAND USE PLANNING Too much room for political interference where major environmental decisions are at stake. Section 12(1) of the Trinidad & Tobago Act, the Minister may give directions to any local authority to whom functions have been delegated under section 10 requiring that any application made to that authority for permission to develop land, or all such applications of any class specified in the directions, shall be referred to the Minister instead of being dealt with by the local authority. CHALLENGES FOR LAND USE PLANNING Political representatives may shy away from plans to relocate their constituents. Planning authorities can only make recommendations for relocation settlements from flood zones in the interest of disaster risk management . Inadequate funding to mainstream initiatives. Government policy, funding and political agenda will determine whether these recommendations are implemented. RECOMMENDATIONS Create Land Use Planning Funds Administered and managed by land use planning authorities, with little room for political interference Adaptation Funds Public Funds Relocation Initiatives, Food Security initiatives, Public outreach Campaigns RECOMMENDATIONS Reform Laws - Reduce scope for Political Interference - Give Authorities more defined powers in Barbados and Trinidad & Tobago Capacity Building Workshops - Educate land use planners, - Ensure full time legal staff is available to support land use planning authorities, in some islands there is no full time attorney - Encourage stronger relationships between police officers and land use planning authorities Thank You! Soufriere, Dominica / Source: http://sgsinternships.blog.usf.edu/2011/mshumangroh/06/05/some-of-the-water-issues-here