Conservative measure

The expression “conservative measure” is often used in the field of the Droit of the environment and more precisely of the impact studies and the public surveys. To the difference in the compensatory measures, the conservative measures aim at preserving a resource or richness (S) existing (S) at the time of the design of a project of installation.

Such measurements are also evoked for the compensation of socio-economic or medical impacts.

Definition

The conservative measures are various natures:

of “passive” measurements aiming at not destroying an existing, remarkable inheritance or not
of “active” measurements of conservatory management (possibly associated with a management restauratoire, if necessary, within the framework of a plan of management periodically evaluated).
of the immaterial processes (ex: formation or sensitizing with the conservation intended for the users or managers of the site.

They aim to remove or attenuate the negative impacts of a project (of infrastructure, urbanization, creation of an industrial site or Remembrement for example).

They must thus be based on an inventory of fixtures realized before to installations in question, or failing this refer to a state of the environment considered to be fonctionnellemnet “normal”

Controversies

The principle of the conservative measures is only little discussed. But of the debates persist their minimal extent, and on the honesty or the perenniality of engagements of the work and project superintendents. One reproaches them for seldom bringing the human and financial means or the legal framework necessary to a perennial conservation of the inheritance indicated by the conservative measure. Moreover in the majority of the countries, the law imposes conservative measures only for the “great projects” or of the exceptionally expensive projects. Another difficulty is that of the right evaluation of the financial asset of monuments, landscape elements or ecosystems for example, which are often " objets" dynamic that one can sometimes “kill” while wanting to solidify them in a too absolute will of " conservation". Is necessary it to protect a landscape in its actual position, or is necessary it to preserve the conditions of its natural evolution, which would imply to apprehend it through functional notions of ecology of the landscape, history and futurology, and not simply for its contemporary esthetic value, to some extent besides subjective.

zonal Range of measurements academy :

In the case of the Road S and operations of Town planning, these measurements (commes compensatory measures besides) are generally imposed by the administrations and the Law only in a “beam” or “zone of study” considered by the impact study (ex " bandage 300m" of a road project). Sometimes, as for the Highway 16 in France A, it is the principle of Co-visibility which prevails for this zonation. The 1% landscape aiming at compensating for part of the impact of this highway could finance only visible projects of the highway or from where the highway was seen. Such measurements remain far away from the idea of compensation right and functional and more still of Remboursement of the ecological debt.

Retrospective appraisal or correct.

When it is suspecté or shown that conservative measures do not function, not for external reasons, but by design defect of the study or undervaluation of the indirect impacts or the needs for functional compensation, which device of evaluation a posteriori ? and financed by which? could propose which type of rétrocorrectrices measurements?

Lasted of the impact studies

For the great projects, the law generally fixes a minimum duration of study of the inventory of fixtures corresponding to one season of vegetation (Spring be autumn in moderate zone) and an unspecified time for the evaluation of the impacts and the compensations necessary or useful. When with the Netherlands a study lasts 5 to 8 years to position a écoduc, it lasts sometimes only some month in other European countries. “ the initial state ” can thus be badly evaluated, of time or competence, which makes sometimes ineffective the conservative measures.

See too

External bonds

Example of compensatory ponds, with corrective actions

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