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Templates for conservation agreements
Throughout the LIFE ENPLC we collected several templates of conservation agreements. This information and examples presented here do not constitute legal advice. Do not act upon any of the information provided without first seeking qualified professional counsel.
A conservation easement is a voluntarily entered legal agreement between a landowner and a conservation organisation or public agency that restricts uses of the land to protect its conservation values. The conservation easement transfers the power to the easement holder to exercise certain use rights linked to the property. This transfer of rights becomes part of the property title, meaning that it remains valid when ownership of the property changes (the easement “runs with the land”).
In the context of urbanization and industrialization, often large pieces of land designated for development remain undeveloped for years or decades. This private land could be transformed into temporary areas for nature conservation. The basic concept of temporary nature is to allow landowners derogations from the requirements of species conservation law before endangered species emerge on the property as a result of active management practices or no intervention measures which are voluntarily agreed by the landowner. The idea behind temporary nature is that some species or habitats of conservation interest are pioneers who quickly occupy ecological niches when they become available. These habitats or species benefit from dynamic short-term protection measures that can be accommodated on many otherwise commercially used properties, e.g., quarries, harbours, off-road racetracks, etc. Under a safe harbour agreement, landowners voluntarily propose to implement restorative and habitat management measures aimed at the conservation of threatened or valuable species. In return for restoring habitats of these species, the landowner is provided with a ‘safe harbour guarantee’, ensuring them that no additional conservation measures will be required, and no additional land, water or resource restrictions will be imposed if the number of listed species increases as a result of the landowner’s actions.
Land stewardship are strategies and instruments through which landowners and land users engage with each other to conserve nature on the property of the landowner. It usually comes in the form of a voluntary contractual or informal agreement between the landowner and public or private association to manage target habitats and/or species on the property of a landowner. Landowners and Land stewardship organisations can be public or private and their actions not only take place on land, but also in fluvial and marine ecosystems. This tool can be seen as a means of mutual understanding between landowners and land stewardship organisations to jointly preserve natural, cultural or landscape values
Italian example 1
Italian example 2
Italian example 3
Conservation leases are a voluntarily tool, usually used by nature conservation organisations and private landowners to ensure that land use of a property is compatible with nature conservation objectives. The lease may include all or part of a property, or a particular use, such as farming or forestry. The leaseholder gains the use rights and in consequence the lease is a form of management transfer agreement, where the leaseholder is responsible for the management of the land. Usually, this type of agreement between the landowner and the leaseholder involves economic transactions from the first to the second in the form of a rent. Conservation leases can be implemented by public or private organisations as well as private landowners, which means that the leased land can be owned by the public administration, private landowners, companies, the church or nature conservation organisations. However, some leases work differently, for example, emphyteutic lease. In that case, rights are attached to the land parcel. The emphyteutic lease of immovable property confers on the lease a real right which may be mortgaged
French example 1
French example 2
French example 3
LIFE ENPLC Team
The news items collected on this blog have been written by project partners of the LIFE ENPLC project.
On the 28th and 29th of September, took place the International Workshop organized by MONTIS within the scope of the LIFE ENPLC (European Networks for