New government rules, reinterpretation of rules

People engaged in transitions frequently come up against formal rules that form an obstacle to new practices. However, formal rules can also help transitions by spurring and anchoring innovation.

Three types of changes to formal rules that help to anchor transitions are:

• 1. Giving a new interpretation to the rules
• 2. Offering temporary space for experiments
• 3. Making new rules that promote a transition. 

Here examples are given for each of the three types.

New interpretation: Flora and Fauna Act and temporary nature

Spectacular nature can sometimes grow spontaneously on barren building sites. Dutch property developers prevent it, however, for fear of facing problems if a protected species appears on the building site. Action groups could then prevent companies from building on the site by invoking EU legislation on flora and fauna.

This is a pity because if property developers were to allow nature to take its course the area of nature in the Netherlands could expand by around 38,000 hectares. Even if it is only temporary, this nature not only provides more green space. It also yields permanent gains for nature, since populations of rare species could thrive in the areas and then migrate to settle in new areas.

Initiative

The Dutch InnovationNetwork, the network organisation for system innovation in agriculture and green space, felt that the problem created by the Flora and Fauna Act could be resolved with a new interpretation of the law. It proposed interpreting the important criterion ‘the favourable state of preservation of the relevant species' laid down in the law as ‘the favourable state of preservation within the natural area of distribution of a species'. A temporary nature area on a site zoned as a business park that has lain barren for four years does not fall within this description. This means that in theory a dispensation could be granted from the application of the Flora and Fauna Act. The reasoning is that granting a dispensation is in the interests of nature.

Pilot

In June 2009, the Dutch Minister of Agriculture gave the green light for the first pilot project with temporary nature at a building site in the Port of Amsterdam.

Temporary experimental space: City and Environment Experiments Act

Dutch municipalities that want to find integrated solutions for varied and complex spatial challenges in the urban environment are often confronted with obstacles arising from environmental legislation. With the City and Environment Experiments Act, the Dutch government gave municipalities the opportunity to depart from statutory standards under certain conditions, for example with respect to soil pollution, noise, stink and ammonia. They could only adopt such a decision if it would lead to efficient and effective use of space and optimal environmental quality. In the City and Environment Project, 25 municipalities carried out experiments under this law in the period from 1997 to 2003.

City and Environment Interim Act approach

In 2006, the Experiments Act was succeeded by the Interim City and Environment Act. As with the Experiments Act, the new act provided that Dutch municipalities must take two steps before they are allowed to depart from the legislation and other regulations. The first step is that city developers, planners and environmental experts have to incorporate environmental aspects in the spatial plans. They have to resolve environmental problems as far as possible with measures at the source. If the source policy does not provide a solution, the next step is to try and find other solutions within the scope allowed by the law and regulations. For example, they can prevent noise pollution by building 'soundproofing walls' in houses. These are walls which have no windows that can open on the side where the noise comes from. Only if the first two steps fail to provide a solution and the problem still prevents the proper redesign of an area is the option of departing from environmental standards possible in step 3.

Definitive new rules to promote transition

It was foreseen that the Interim Act would remain in force for five years, after which the City and Environment Act woud be permanently anchored in the environmental and spatial planning legislation, making it an example of new rules that promote a transition. By the beginning of 2015 however, the Interim Act was still in force.

Another example

For another example of new rules that promote a transition see Germany´s Einspeisegezetz under 'New financial instruments for renewable energy'.

Sources

Temporary nature: http://www.innovatienetwerk.org/en/concepten/view/38/TemporaryNature.html