drivers of soil degradation significantly differ with regard to the threats, actors and
stakes involved and concerning the scientific knowledge.
It is secondly necessary to identify the relevant threats for each of these drivers
and to provide appropriate regulatory concepts for the various threats. For example
urbanization is a trigger for soil sealing, soil compaction and thus for decline of
organic matter. In essence all these soil threats have to be regulated in order to
provide an effective management.
This is obviously still a very rough concept for “good soil governance”. There is
still a need to go much more into detail. Just to provide one example: modern
agriculture requires the use of fertilizer and pesticides. The use of both fertilizer
and pesticides may cause contamination and might cause degradation of arable land.
In order to ensure effective soil protection and management, environmental quality
norms, exposure limits and use conditions for each type of fertilizer or pesticides are
to be determined.
Nevertheless it shall be underlined that to ensure an improved management of
soils, it is certainly not sufficient to put in place general objectives like “soil
integrity” or “soil security”. It is necessary to deal with the very specific causes of
soil degradation processes. The matrix of drivers and threats is a helpful and
necessary starting point.
3.3 Excursus: German Soil Protection Governance
In the following excursus it shall be briefly demonstrated that German soil law
protection is actually driver and threat specific.
Germany is one of the few states which have a specific Soil Protection Act.
24 The
German Soil Protection Act was adopted in 1998 and therefore 2018 marks its 20th
anniversary).Paragraph 1 of the German Soil Protection Act stipulates that soil
functions have to be sustainably maintained and/or rehabilitated and that to this
end both reactive and precautionary measures have to be taken. The overall objective
of the law is thus broad enough to encompass all drivers of soil degradation and all
soil threats. However, the core operative provisions of this act focus on the regulation of whether and how to clean up contaminated industrial sites including landfills.
25 The law also foresees some provisions with regard to good agricultural
practices.
26 However, these provisions are not mandatory and very vague. By way
of example, this relates to the requirement that the agricultural practice should
24 Gesetz zum Schutz vor schädlichen Bodenveränderungen und zur Sanierung von Altlasten
(Bundes-Bodenschutzgesetz—BBodSchG), 17.3.1998.
25 § 4 and 10 of the Soil Protection Act.
26 § 17 of the Soil Protection Act.
40
H. Ginzky
stakes involved and concerning the scientific knowledge.
It is secondly necessary to identify the relevant threats for each of these drivers
and to provide appropriate regulatory concepts for the various threats. For example
urbanization is a trigger for soil sealing, soil compaction and thus for decline of
organic matter. In essence all these soil threats have to be regulated in order to
provide an effective management.
This is obviously still a very rough concept for “good soil governance”. There is
still a need to go much more into detail. Just to provide one example: modern
agriculture requires the use of fertilizer and pesticides. The use of both fertilizer
and pesticides may cause contamination and might cause degradation of arable land.
In order to ensure effective soil protection and management, environmental quality
norms, exposure limits and use conditions for each type of fertilizer or pesticides are
to be determined.
Nevertheless it shall be underlined that to ensure an improved management of
soils, it is certainly not sufficient to put in place general objectives like “soil
integrity” or “soil security”. It is necessary to deal with the very specific causes of
soil degradation processes. The matrix of drivers and threats is a helpful and
necessary starting point.
3.3 Excursus: German Soil Protection Governance
In the following excursus it shall be briefly demonstrated that German soil law
protection is actually driver and threat specific.
Germany is one of the few states which have a specific Soil Protection Act.
24 The
German Soil Protection Act was adopted in 1998 and therefore 2018 marks its 20th
anniversary).Paragraph 1 of the German Soil Protection Act stipulates that soil
functions have to be sustainably maintained and/or rehabilitated and that to this
end both reactive and precautionary measures have to be taken. The overall objective
of the law is thus broad enough to encompass all drivers of soil degradation and all
soil threats. However, the core operative provisions of this act focus on the regulation of whether and how to clean up contaminated industrial sites including landfills.
25 The law also foresees some provisions with regard to good agricultural
practices.
26 However, these provisions are not mandatory and very vague. By way
of example, this relates to the requirement that the agricultural practice should
24 Gesetz zum Schutz vor schädlichen Bodenveränderungen und zur Sanierung von Altlasten
(Bundes-Bodenschutzgesetz—BBodSchG), 17.3.1998.
25 § 4 and 10 of the Soil Protection Act.
26 § 17 of the Soil Protection Act.
40
H. Ginzky