Mediation Natura 2000 Verwall

Best Practice

Topics

• New forms of decision-making
• Regional value added, Protected areas, Mobility, Policies and instruments

Short description

The Verwall mediation procedure formed part of a highly controversial planning process aimed at the creation of a Natura 2000 conservation area in the Alpine region. The nomination of the Verwall Natura 2000 area, and in particular its designation as a Special Area of Conservation, led to widespread worries and strong opposition on the part of landowners in the affected communities. They felt overruled. There was a number of tensions and conflicts of differing magnitudes between the various interests arising from different land uses, some of which had their roots far back in history. Among these were: land use restrictions, compensatory payments, animal browsing damage, illegal use of forest paths by mountain bikers, disturbance of wildlife through tourist uses.... Communication between the authorities and those affected broke down until the provincial government decided to conduct a mediation procedure at the insistigation of the provincial environmental legal officer.

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Project executive

Office of the Vorarlberg provincial government. The procedure was supported by two mediators from Rosinak & Partner.

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Participants

The following interest groups were represented in the negotiating team: agriculture, forestry, hunting, tourism, nature conservation, the mayors of the communities Klösterle, Gaschurn, St.Gallenkirch, Silbertal, officers of the Bludenz district commission and the Vorarlberg Provincial Government, the Provincial Environmental Legal Office as well as a representative of BirdLife to provide an expert opinion. The procedure was supported by two mediators from Rosinak & Partner. The mediation team was formed by 33 persons in total, the biggest group within this team consisted of 15 representatives of the mountain pastures cooperative. 31 men and only 2 women attended the mediation, the particpants were in the age of 25 to 75.

Objectives

The aim was to reach agreements (management plan) between land owners, land users, various other interest groups and the authorities on the future use of the area.

Activities

Mediation procedure, field trips to the Verwall region

Process

The mediation procedure was divided into the following seven phases: (1) preparatory activities (conflict analysis, public information events and determination of participants), (2) launch phase (agreeing ground rules, procedure structure, information exchanges), (3) first round of negotiation (working through current and past conflicts, positions and interests; field trip),(4) second round of negotiation (drawing up draft agreements on agriculture, forestry, hunting and tourism), (5) third round of negotiation (discussion of draft agreements, monitoring issues and field trips, reporting back to groups represented), (6) Agreements (Finalisation of agreements), (7) implementation (New District Order based on the agreements: commencement of the advisory council's activities, implementation of agreed measures)

Results

Seven negotiating team meetings and many working party sessions, over a period of about one-and-a half years, resulted in the following outcomes of the procedure: (1) The final agreement document: this contains decisions on future uses and area monitoring, (2) A draft of the Natura 2000 District Order, referring directly to the agreement. The order came into force on 1st October 2003 and replaces the previous temporary conservation order, (3) A separate record of all opinions and proposals on which no agreement was reached during the procedure. These matters are to be dealt with by an advisory council. (4) An advisory council comprising 18 persons and including representatives of all interest groups concerned was set up to permit continued collaboration between the authorities and those concerned. In 2004 the council started to implement the agreed measures.

Evaluation

not yet evaluated

Difficulties

The procedure was started only after the conflicts had escalated and communication between the interest groups and the federal government had broken down. // Lacking precedent information on the general subject of Natura 2000 and the regional details through the federal government. // Lacking transparency regarding the demarcation of the Natura 2000 area // Hidden agendas and lacking confidence between the parties in the beginning of the procedure due to unsolved conflicts in the past // The high number of participants due to problems during the selection phase // insufficient financial means for the procedure // lacking quality of basic studies // unclear information regarding compensation payments for landowners, who will face certain land use restrictions

Budget

100.000 EUR incl. moderation, expert report on ecology and material costs (Euro)

Financial backer

Provincial Government of Vorarlberg

Source of information

Competition

Participant at the 2005 Future in the Alps competition

Homepage

http://

Publication

Hiess, H., Pfefferkorn, W.: Mediation Natura 2000 Verwall. In: Zoll+ (Textedition öterreichischer Landschaftsplanung und Landschaftsökologie), Ausgabe Nr. 2, Juni 2003 // ÖGUT: Die Zukunft gemeinsam gestalten. Das Handbuch Öffentlichkeitsbeteiligung. Wien, 2005

Project executive as above

Contact person as above

Comments

Impact on nature and environment

The Verwall area, mounains between the Klostertal and the Montafon, is accounted for a Natura 2000 area because of rare Alpine birds. The Verwall area is one of the most quiet and remoted places in the East Alps. The ecological results of the mediation procedure are as follows: (1) The cultivation of the Alps in the Verwall has to be carried out according to the ÖPUL-guidelines. Measures for amelioration of pastures and considerativeness on incubation of the 'Raufußhuhn'. (2) no extensive deforestation, high quality matured forests are conserved, (3) Adjustment of deer population, co-ordination of deer feeding stations, (4) impact assessment of new mountain bike routes and ski resorts

Economic value added

There is no information about economic value added.

Socio-cultural value added

Everyone involved in the Verwall Natura 2000 mediation procedure learned a great deal. The initial situation was very difficult as there was a deep distrust of the authorities on the part of the affected communities.

Innovative content

The development of a management plan for a Natura 2000 area was new. The existing conflicts in the Verwall led to a mediation process which is exceptional.

Good governance

The relevant groups / persons concerned were represented at the negotiating table. The mediators suceeded in creating an atmosphere of confidence in the procedure by stating clear 'rules of the game', defining the structure of the procedure and the roles of the persons involved, disseminating all relevant information material to all parties as well as by acting as impartial facilitators. Throughout the entire process fears repeatedly surfaced that the provincial government would not take the agreements seriously. The main benefit of the procedure was undoubtedly the fact that the agreements and the order gave the various stakeholder groups a sense of security about the future development in the Verwall Natura 2000 area.

PR impact

several articles and publications

Transferability

clear mediation procedure and structure