Land take or infrastructure such as streets, airports or railways is dealt with by
further pieces of legislation. Infrastructural measures usually require an ex-ante
permission. The competent authority has—before granting the permission—to consider all relevant concerns, amongst others also soil (management?). Similar to
urbanization, it is mandatory to offset detrimental effects on nature caused by
infrastructural measures. Again, concerning the offset of soil degradation, the
problem is that a complete assessment of soils is still pending.
In summary, it has been showed that German soil protection governance incorporates drivers of soil degradation and addresses specific threats. The provisions are
spread over many pieces of legislation and could thus be described as fragmented.
A core piece of soil legislation is thus missing. There is one exemption: The Soil
Protection Act stipulates precautionary limit values with regard to contamination.
These precautionary limit values have to be considered by all other laws dealing with
soil contamination for example the German Act on Immission Control or the
Pesticide Act. With regard to soil contamination, the German Soil Protection Act
could therefore be regarded as a kind of a framework regulation. For all other soil
threads however, such a framework regulation is missing.
It could be therefore concluded that the essential weaknesses of German soil
Governance does not necessarily derive from the so-called fragmentation. For
example, an essential shortcoming for the implementation of the compensation
obligations in case of urbanization or land take is not cause by the fragmentation
but by the fact that soils are not thoroughly assessed.
3.4 Land Degradation Neutrality: How to Implement It?
Land degradation neutrality (LDN) is an objective set by the 2030 Agenda of
Sustainable Development. UNCCD has approved a definition of LDN in 2015
which could be regarded as the common understanding of states although not
being legally binding:
Land degradation neutrality is a state whereby the amount and quality of land resources
necessary to support ecosystem functions and services and enhance food security remain
stable or increase within specified temporal and spatial scales and ecosystems.
36
Soils are an essential element of land. The LDN objective also applicable to soils.
The term “neutrality” or the words “remain stable or increase” express that the
balance of future degradation processes which are unavoidable and future restoration
or rehabilitation measures have to be equalized or in simple words “zero”.
37
Good soil governance would have to also comply with this objective, as the LDN
objective has been internationally agreed—at least politically. But how to implement
36 UNCCD (2015).
37 Ehlers (2016) and Minelli et al. (2016).
42
H. Ginzky
further pieces of legislation. Infrastructural measures usually require an ex-ante
permission. The competent authority has—before granting the permission—to consider all relevant concerns, amongst others also soil (management?). Similar to
urbanization, it is mandatory to offset detrimental effects on nature caused by
infrastructural measures. Again, concerning the offset of soil degradation, the
problem is that a complete assessment of soils is still pending.
In summary, it has been showed that German soil protection governance incorporates drivers of soil degradation and addresses specific threats. The provisions are
spread over many pieces of legislation and could thus be described as fragmented.
A core piece of soil legislation is thus missing. There is one exemption: The Soil
Protection Act stipulates precautionary limit values with regard to contamination.
These precautionary limit values have to be considered by all other laws dealing with
soil contamination for example the German Act on Immission Control or the
Pesticide Act. With regard to soil contamination, the German Soil Protection Act
could therefore be regarded as a kind of a framework regulation. For all other soil
threads however, such a framework regulation is missing.
It could be therefore concluded that the essential weaknesses of German soil
Governance does not necessarily derive from the so-called fragmentation. For
example, an essential shortcoming for the implementation of the compensation
obligations in case of urbanization or land take is not cause by the fragmentation
but by the fact that soils are not thoroughly assessed.
3.4 Land Degradation Neutrality: How to Implement It?
Land degradation neutrality (LDN) is an objective set by the 2030 Agenda of
Sustainable Development. UNCCD has approved a definition of LDN in 2015
which could be regarded as the common understanding of states although not
being legally binding:
Land degradation neutrality is a state whereby the amount and quality of land resources
necessary to support ecosystem functions and services and enhance food security remain
stable or increase within specified temporal and spatial scales and ecosystems.
36
Soils are an essential element of land. The LDN objective also applicable to soils.
The term “neutrality” or the words “remain stable or increase” express that the
balance of future degradation processes which are unavoidable and future restoration
or rehabilitation measures have to be equalized or in simple words “zero”.
37
Good soil governance would have to also comply with this objective, as the LDN
objective has been internationally agreed—at least politically. But how to implement
36 UNCCD (2015).
37 Ehlers (2016) and Minelli et al. (2016).
42
H. Ginzky