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Legal status and compliance

Legal status
The legal status of an area refers to the existence of legal recognition and protection of that area by national government. For some types of area, laws and regulations are always present for the protection of the area as is the case for some of the internationally recognised areas. However, many types of protected area need to be assessed on a case by case basis due to the variations in institutions responsible for managing the area that include national government, private landowners and local communities. Global prioritisation areas are not identified on the basis of legal protection and therefore for many this will be absent. However as many of these areas may overlap with protected areas, legal protection remains possible within them. The categorisation of areas of biodiversity importance based on their legal status is summarized in the following table, and individual pages provide further detail specific to each type of area.

Legal status of areas

Legal status Name of area
Legal recognition and protection will definitely be present World Heritage Sites
Natura 2000
Specially Protected Areas of Mediterranean Importance
PAN Parks
ASEAN Heritage Parks
Legal recognition and protection is likely to be present Ramsar Sites
Protected areas (includes IUCN management categories (I-VI) and governance types)
Biosphere Reserves (core area)
Emerald Sites
High Conservation Value Areas (where the value is a protected area)
Legal recognition and protection is not a requisite for identification (but may be present where these areas overlap with protected areas) Key Biodiversity Areas
Important Biodiversity Areas
Important Plant Areas
Alliance for Zero Extension Sites
High Conservation Value Areas
Legal recognition and protection is not a requisite for identification (but may be present in parts of these areas that overlap protected areas) Biodiversity Hotspots
Megadiversity Countries
Endemic Bird Areas
Intact Forest Landscapes
Centres of Plant Diversity
Last of the Wild Sites
High Biodiversity Wilderness Areas
Crisis Ecoregions
Global 200 Ecoregions

Compliance
In addition to what is required of companies by law, there are a number of other ways that they can be required to conform to non-mandatory policies. Of more direct relevance to the private sector is the inclusion of a number of these areas of biodiversity importance in international standards of finance institutions, programmes and certification schemes. Compliance with these standards is necessary for many companies to secure finance, certify products and access markets, as well as to be recognised for ethical and sustainable practices. The following table provides examples of the areas of biodiversity importance referred to in a range of standards of financial institutions and certification schemes and verification programmes. More information about these standards can be found from the links given in references.

Summary of the internationally known standards that refer to areas of biodiversity importance

Name of organisation Areas of importance included Legal status and examples of policy statements
Financial institution standards
World Bank-Environmental Safeguard Policy 4.04 Legally protected areas and areas proposed for protection - The policy prohibits Bank support for projects which would lead to the significant loss or degradation of any Critical Natural Habitats, which includes protected areas, as well as unprotected areas of known high conservation value. 1
Areas recognized as protected by traditional local communities (e.g. ICCAs)
International Finance Corporation (IFC)-Performance Standard 6 Legally protected areas and areas proposed for protection - Act in a manner consistent with defined protected area management plans;
– Consult protected area sponsors and managers, local communities, and other key stakeholders on the proposed project;
– Implement additional programs, as appropriate, to promote and enhance the conservation aims of the protected area. 2
Ramsar Sites
World Heritage Sites
European Investment Bank (EIB)-Statement of Environmental and Social Principles and Standards Nationally protected areas - The EIB does not finance projects located in protected sites unless they are consistent with the relevant legal requirements and site management plans. 3
Natura 2000
Ramsar Sites
Emerald Network
Asian Development Bank (ADB-Safeguard policy Statement 2009 Legally protected or proposed protected area - Act in a manner consistent with defined protected area management plans;
- Consult protected area sponsors and managers, local communities, and other key stakeholders on the proposed project;
- Implement additional programs, as appropriate, to promote and enhance the conservation aims of the protected area. 4
World Heritage Sites
Ramsar Sites
European Bank for Reconstruction and Development (EBRD)-Environmental and Social Policy 2008 Protected areas identified by national or international law - Consult protected area sponsors and managers, local communities and other key stakeholders on the proposed project;
- Demonstrate that any proposed development in such areas is legally permitted follows the mitigation hierarchy (avoid, minimise, mitigate, offset) appropriately;
- Implement additional programmes, as appropriate, to promote and enhance the conservation aims of the protected area. 5
Ramsar Sites
World Heritage Sites
Specially Protected Areas of Mediterranean Importance
Natura 2000 sites
Areas of importance for indigenous peoples (e.g. ICCAs)
Inter-American Development Bank (IDB)-Environment and Safeguards Compliance Policy 2006 Protected areas, or areas officially proposed (IUCN categories) - The Bank will not support operations that, in its opinion, significantly convert or degrade critical natural habitats or critical cultural sites. Critical natural habitats are defined as both existing protected areas, as well as unprotected areas of known high conservation value, and critical cultural sites include areas recognised as protected by traditional local communities. 6
World Heritage Sites
Areas recognized as protected by traditional local communities (e.g. ICCAs)
Ramsar Sites
Biosphere Reserves (core areas)
Other standards and certification programmes
Roundtable on Sustainable Biofuels Legally protected areas (IUCN categories) - Protected areas (IUCN I and II) and AZE sites are no-go areas, and other sites are high risk. 7
World Heritage Sites
Ramsar Sites
Alliance for Zero Extinction Sites
Key Biodiversity Areas
Important Bird Areas
High Conservation Value Areas
Forest Stewardship Council High Conservation Value Areas - HCV to be maintained or enhanced;
- Local communities with legal or customary tenure or use rights shall maintain control, to the extent necessary to protect their rights or resources. 8
Indigenous lands and territories (e.g. ICCAs)
Better Sugarcane Initiative High Conservation Value Areas – To prevent expansion or new sugarcane development into areas of critical biodiversity, which includes HCVAs 1-4. 9
The Round Table on Responsible Soy Association High Conservation Value Areas - Areas containing High Conservation Value must not be cleared. 10
Common Code for the Coffee Community Protected areas-under national and international law - Cutting of primary forest or destruction of other forms of natural resources that are designated as protected areas by national and/or international legislation-unacceptable practice. 11
Fairtrade Labelling Organisations International Protected areas-under national and international law - The organisation ensures that for certified products no plant material is gathered from protected areas or is propagated in contravention of national and international regulations. 12
UTZ certified Legally protected areas - Production does not take place in protected areas. 13
Smithsonian Migratory Bird Center (SMBC) Protected areas - Forest transformed for coffee production must not be part of any protected zone or natural reserve. 14
Sustainable Agriculture Network Protected areas - Production areas must not be located in places that could provoke negative effects on national parks, wildlife refuges, biological corridors, forestry reserves, buffer zones or other public or private biological conservation areas. 15
International Federation for the Organic Agricultural Movement (IFOAM) Legally protected areas (IUCN I-VI) and proposed areas - Operations shall not impinge upon designated protected areas. 16
Roundtable on Sustainable Palm Oil Protected areas - New plantings since November 2005, are not to replace any area required to maintain or enhance one or more HCV;
- No new plantings are established on local peoples land without FPIC. 17
High Conservation Value Areas
Local people’s land (e.g. ICCAs)
Global Sustainable Tourism Criteria Protected areas (IUCN categories I-VI) - The business contributes to the support of biodiversity conservation, including supporting natural protected areas and areas of high biodiversity value. 18
Ramsar Sites
Natura 2000
Important Bird Areas
Biosphere Reserves
Climate, Community & Biodiversity Alliance Existing and proposed protected areas (IUCN Protected Area Management Categories I-VI) - No identified High Conservation Value will be negatively affected by the project. 19
World Heritage Sites
Ramsar Sites
Biosphere Reserves
High Conservation Value Areas
Responsible Jewellery Council World Heritage Sites -World Heritage Sites are ‘no-go’ areas;
-Identify nearby legally designated protected areas, comply with any regulations, covenants or commitments attributed to these areas, decisions to proceed with exploration, development, operation and closure activities take into account the presence of, and impact on, legally designated protected areas;
-Identify Key Biodiversity Areas and implement action plans to deliver measurable biodiversity benefits. 20
Protected areas
Key Biodiversity Areas (and subsets)
International Standard for Sustainable Wild Collection of Medicinal and Aromatic Plants (ISSC-MAP) Protected areas - Complies with all international agreements and with national and local laws, regulations, and administrative requirements, including those related to protected species and areas. 21
Global G.A.P. Protected area (IUCN category I-VI) - Farms within a distance of two kilometres of a designated park or biological corridor should have communication with the park authorities and there should be no legal challenges to the farms´ location or operation and; Aquaculture farms not to be part of an HCVA. 22
High Conservation Value Areas (HCVAs)
Sustainable Forestry Initiative (SFI) Biodiversity Hotspots - Procurement from areas outside the United States and Canada promotes conservation of Biodiversity Hotspots and High-Biodiversity Wilderness Areas. 23
High-Biodiversity Wilderness Areas
Marine Stewardship Council Indigenous and Community Conserved Areas (ICCAs) - Observe the legal and customary rights and long term interests of people dependent on fishing for food and livelihood, in a manner consistent with ecological sustainability. 24

References

Financial institution standards

1 World Bank (2001) Operational Policy 4.04: Natural Habitats. World Bank, Washington, DC.

2 IFC (2006) Performance Standard 6: Biodiversity Conservation and Sustainable Natural Resource Management. International Finance Corporation, Washington, DC.

3 EIB (2009) Statement of Environmental and Social Principles and Standards. European Investment Bank, Luxembourg.

4 ADB (2009) Safeguard Policy Statement. Asian Development Bank, Manila.

5 EBRD (2008) Environmental and Social Policy. European Bank for Reconstruction and Development, London.

6 IDB (2006) Environment and Safeguards Compliance Policy. Inter-American Development Bank, Washington, DC.

Other standards and certification programmes

7 RSB. (2009) Annex to the Guidelines for Environmental and Social Impact Assessment, Stakeholder Mapping and Community Consultation Specific to the Biofuels Sector- Ecosystem and Conservation Specialist. Version 1.0. Roundtable on Sustainable Biofuels, Lausanne.

8 FSC (2002) FSC Principles and Criteria for Forest Stewardship version 4. Forest Stewardship Council, Powys.

9 BSI. (2010) Better Sugar Cane Initiative Production Standard. Better Sugarcane Initiative Ltd, London.

10 RTRS. (2010) RTRS Standard for Responsible Soy Production Version 1.0. The Round Table on Responsible Soy, Buenos Aires.

11 4C (2009) The 4C Code of Conduct. Unacceptable Practices and 4C Code Matrix. 4C Association, Bonn.

12 FLO (2009) Fairtrade Generic Standards for Small Producers’ Organizations. Fairtrade Labelling Organisations International.

13 UTZ CERTIFIED (2009) Good Inside Code of Conduct for Tea Farms. UTZ Certified.

14 SMBC (2002) SMBC Norms for Production, Processing and Marketing of ‘Bird Friendly®’ Coffee (2002) Certified Organic Shade Grown Coffee. Smithsonian Migratory Bird Centre, Washington, DC.

15 SAN (2009) Sustainable Agriculture Standard. Sustainable Agriculture Network, Rainforest Alliance, New York.

16 IFOAM (2009) Norms for Organic Production and Processing. Version 2005. Including IFOAM Basic Standards for Organic Production and Processing, and IFOAM Accreditation Criteria for Bodies Certifying Organic Production and Processing. International Federation for the Organic Agricultural Movement, Bonn.

17 RSPO. (2007) RSPO Principles and Criteria for Sustainable Palm Oil Production. Round Table of Sustainable Palm Oil, Selangor.

18 GSTC (2008) The Partnership for Global Sustainable Tourism Criteria. Global Sustainable Tourism Criteria.

19 CCBA. (2008) Climate, Community & Biodiversity Project Design Standards Second Edition. The Climate, Community and Biodiversity Alliance, Arlington, VA.

20 RJC. (2009) Responsible Jewellery Council Standards Guidance. The Responsible Jewellery Council. London.

21 FairWild Foundation (2010). FairWild Standard: Version 2.0. FairWild Foundation, Weinfelden.

22 Global G.A.P.(2007) Control Points and Compliance Criteria Integrated Farm Assurance. All Farm Base. Cologne.

23 SFI (2010) Sustainable Forestry Initiative 2010-2014 Standard. Sustainable Forestry Initiative, Washington, DC.

24 MSC (2002) Principles and Criteria for Sustainable Fishing. Marine Stewardship Council.

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