Coastal Coalition

TREPA is a member of the Coastal Coalition of Nova Scotia and we have a Board member that participates in meetings and activities of the organization. The management of our coastal resources is one of the biggest environmental issues before our current government and goals of the Coalition need support. The government is in the process of collecting information and reporting back its findings. The following is the submission made by the Coastal Coalition in  July.

Coastal Coalition of Nova Scotia

Submission

to the Sustainable Coastal Development Strategy Process

July 19, 2010

Introduction

The Coastal Coalition of Nova Scotia (CCNS) is a network of 40 community-based organizations from Yarmouth to Cape Breton. Since 2004, CCNS has engaged in coastal policy research and analysis, and has assisted coastal communities around the province in addressing local coastal issues. Many of these issues have been fraught with conflict, confusion and acrimony over human use of coastal areas, due in part to a lack of provincial leadership and policy on coastal management. Our experience has resulted in an on-the-ground knowledge and understanding of how policies and legislation impact the coast, and how they are failing to provide for sustainable use of coastal resources and maintenance of ecosystems and functions. Because of this, the Coalition has been advocating for coastal management and for an increased role for coastal communities in determining coastal use and protection.

The Coalition recognizes that recommended measures cannot impose unreasonable regulatory costs or ill-defined obligations on government, businesses or investors. That said, there is need for clarity and transparency in coastal development, for developers as well as for private landowners and communities. Ad hoc development should be replaced by deliberate, coast-sensitive development, undertaken in the context of approval processes which value and assess ecosystems functions as well as economic development benefits.

We see the development of a Sustainable Coastal Development Strategy as an opportunity to create the conditions for the long term sustainability of coastal ecosystems and coastal communities. With a relatively low density of coastal development in Nova Scotia compared to other jurisdictions, there is still an opportunity to establish  a provincial policy framework for development and conservation decisions which include a consideration of value of the coast as an asset not only for the economic development it can provide, but also for its ecosystem functions.

We are concerned that, without public consultation on a draft Strategy, and without a clear and binding commitment on the part of the government to address the legislative and organizational issues currently hindering coastal management, the window of opportunity will close again, as it did after Coastal 2000 raised some of the same issues 16 years ago!

Rising sea levels and more frequent and severe storms, coupled with new coastal industries such as tidal power, land- and water-based wind power as well as aquaculture expansion, challenge the status quo and call on the provincial government to take leadership now, even in the face of current fiscal realities.

The Coastal Coalition and its member organizations are not alone in calling for a coastal management policy for Nova Scotia. In October 2007, the expert joint Federal-Provincial Panel on the Proposed Whites Point Quarry recommended that the Province of Nova Scotia develop and implement a comprehensive coastal zone management policy, in light of the divisive and protracted assessment process around the development proposal.

Process Issues

Expert Advice (Draft Strategy Development) Members of the CCNS have considerable experience and knowledge of coastal issues, and are always available to assist the government in developing and reviewing the Coastal Strategy. We would be pleased to participate in expert advisory groups that can contribute to and review the Strategy as it is developed. We also encourage the inclusion of well-respected, knowledgeable experts from academic, scientific, and industry groups to participate in the development and review of policy options for the draft Strategy.

Public Consultation on the draft Strategy As stated above, public engagement is vital to understanding and acceptance of a Coastal Strategy. The public, especially residents of coastal communities, needs the opportunity to discuss various policy options and provide feedback on the government’s intentions, over and above the current consultations on the State of Nova Scotia’s Coast report. In turn, government should find a way to incorporate public feedback into the draft Strategy, or explain why proposals made by the public are not desirable or feasible. For this dialogue to take place, there needs to be public and stakeholder consultation on the draft Strategy. We suggest this public consultation process begin early in 2011, after Cabinet has reviewed the draft Strategy.

Further, we think the draft Strategy should include a broad goal and clear, measurable  objectives for coastal management including all coastal uses, economic development as well as conservation and protection. It should also contain a number of clear objectives based on a clearly stated statement of the problem(s) it is trying to address. We also expect the Strategy to contain a number of policy options, including an assessment of the governance and financial implications of each option. This will give the public the opportunity to give their feedback on a number of proposals, for example, a Statement of Provincial Interest (SPI) on the coastal zone versus other types of coastal regulations.

We recognize that financial constraints will make it difficult for government to carry out public consultations in all parts of the province. We suggest you enlist the help of municipal governments, community groups and other institutions to maximize the number of Nova Scotians who can participate in the process. With encouragement and a few resources, responsible local organizations can activate their networks to convene meetings in coastal communities around the province. This approach will facilitate public conversations at the most local level, and will help build the necessary consensus for moving forward.

In order to encourage thoughtful and reasonably standardized responses, we suggest your officials prepare a workbook that groups can work through, and that they work closely with organizations such as the CCNS and the  Coastal Communities Network (CCN) to encourage robust public participation. Extensive experience with such exercises has demonstrated that at least a month’s advance notice is required to ensure the participation of community organizations.

Continuing Ministerial Advisory Group Finally, we know you agree that completing a Coastal Strategy and its approval by the Cabinet will not bring about coastal management in the province. Phased-in implementation and monitoring will be required once a strategic plan has been agreed upon. A model which has worked well for the government in implementing its Off Highway Vehicle (OHV) legislation, including drafting regulations, is the multi-stakeholder advisory body composed of well-respected, knowledgeable stakeholders who meet regularly to advise the Minister and senior officials on progress towards implementing the OHV Act. We recommend that you consider a similar model to oversee the ongoing implementation of the Sustainable Coastal Development Strategy.

Policy and Governance Isssues

Propose a coastal management policy for Nova Scotia with clear objectives including a commitment to manage the coast not only for economic development but as a dynamic, living system rather than a series of isolated issues To date, the Provincial Oceans Network (PON) has chosen to frame its Coastal Strategy around six priority issues. While these are all important issues, this approach itself is indicative of the fragmented way the coast is managed now, on an issue-by-issue basis. The six issues and others left out of PON’s terms of reference, including tidal power, aquaculture and land- and water-based wind power, could be better addressed within the context of a coastal management policy which advances sustainable use of coastal resources and maintenance of coastal ecosystems and functions.

Coastal governance reform It is widely acknowledged that a major barrier to improved coastal management is jurisdictional and departmental confusion and ambiguity, stemming from overlapping roles of multiple provincial departments and agencies all with a legislative role impacting on the coast. What is lacking is leadership. Coastal governance reform is what is needed to address this over-riding problem before a successful coastal strategy can be successfully implemented. Anything less would be mere tinkering with the status quo. There are various options for clarifying and simplifying governance issues in the coastal zone. They include but are not limited to:

a thorough review of existing law and regulations;

consideration of a new Coastal Act;

consideration of amendments to existing legislation: e.g. the Beaches Act; amendment of the Environmental Goals and Economic Prosperity Act (EGSPA) to include coastal management policy implementation; a coastal Statement of Provincial Interest (SPI) under the Municipal Act etc.;

establishment of  a single lead department responsible for coastal issues;

clarification of the roles of  provincial and municipal governments, the federal government and stakeholders, including coastal communities.

Legislation and regulation

Good coastal management needs a clear and solid legal basis. The current system is characterized by jurisdictional and regulatory ambiguity and conflict. Sound, timely  decisions are often difficult to make within this framework. The Strategy should make recommendations for changes to the existing system, provide options and establish a process which enables input and a thorough public review of the government’s intentions.

There are many legislative approaches to coastal management that bear consideration. These range from a new Coastal Act to amendment to existing legislation, such as the Beaches Act or the Environmental Goals and Sustainable Prosperity Act, 2007 which, for the first time in Nova Scotia, links in law our province’s future prosperity with the achievement of environmental goals and sustainability. EGSPA could be amended to include implementation of a provincial coastal management policy in addition to existing commitments such as water resource management to ensure that progress is tracked and the government held accountable.

As a first step, provincial departments should review their regulations for coherence and to identify glaring loopholes which allow for egregious examples of inappropriate development, such as that taking place on Martinique beach in HRM and on the beaches on the South Shore. These loopholes serve to encourage further non-compliance and flaunt the intent of coastal protection rules and guidelines. “Grandfathering” provisions need to be addressed and the practice phased out, “as of right” considerations notwithstanding. Further, a thorough review needs to be undertaken to align existing provincial policies and programs.

Serious consideration should be given to developing a Statement of Provincial Interest (SPI) on Coastal Development and Protection to signal a “sea change” to government departments, municipalities, developers and land owners.

Provincial departmental leadership and roles

It is widely acknowledged, including in the “State of the Coast” report itself, that the multiplicity of departments and agencies responsible for coastal matters is a major barrier to sustainable coastal management. A successful Coastal Strategy must include ways of addressing this problem.

Many options have been suggested: creating a new provincial department; assigning lead responsibility to an existing department; shared responsibility amongst a number of departments with a strengthened Provincial Coastal and Oceans Office to administer a “coastal lens” for all government programs and initiatives, to oversee the introduction of coastal management and to serve as the contact point for liaison with the federal government and to provide provincial leadership. While all these options need to be discussed in the context of Coastal Strategy implementation, the central point is that leadership and responsibility for the Coastal Strategy and for the administration of law and regulation in the coastal zone requires clarification.  While a lead organization is required, it is acknowledged that no one organization can deal with all coastal issues. Once a clear policy statement is approved and effective legislative and regulatory tools are agreed, it will be essential to clarify the roles of the various government stakeholders and subsequently non-government stakeholders including coastal communities.

Municipal Role/Setbacks and Land Use Planning. The role of municipalities is central to coastal management, as they have been delegated responsibility by the province under the Municipal Act for land use planning. Coastal management cannot proceed without municipalities ,which are on the “front-line” of climate change impacts. Any new Coastal Strategy needs to integrate coastal management measures in existing and future processes of municipal planning and land use management. Further, municipal governments require assistance to play a meaningful role. Guidance and funding should be made available to enable them to take a leadership role in their jurisdictions. This could be done via model by-law development, along with accompanying incentives for interested municipalities to pursue the development of coast-sensitive land use by-laws and development guidelines. Provincial educational and awareness efforts should parallel these efforts. Mechanisms that warrant consideration include the recently- announced incentives for wind energy planning on the part of interested municipalities.

There is a great deal of public interest in setbacks in the coastal zone and more consistent land use planning across the province. The Coalition agrees that land use planning and setbacks are vital tools for coastal management. We think it is important that the province adopt a consistent approach, such as that undertaken in New Brunswick (but averting pre-emptive development) to avoid prospective development being directed away from more regulated municipal jurisdictions.

There is need for a “land-use bottom line”, minimum land use standards across the province for setbacks and elevations and zoning to which all coast land users must adhere.   It must be clear what is permitted and what is not. Lack of clarity inhibits both  economic development and exposes critical coastal ecosystems to avoidable and unnecessary degradation.

A Role for coastal communities The Coalition sees a need for a meaningful and formalized role for coastal communities, chambers of commerce, regional development agencies and stewardship groups in coastal management. This is consistent with the existing provincial policy on Community Development, which states that the community should play a leadership role in its own development and that the government will work collaboratively with communities in decision-making that is characterized by transparency, participation, and accountability. Given the lack of government resources in the field for the administration and enforcement of regulations, any coastal management initiative will require “partners on the coast”.

Land use decision-making processes which do not involve communities in accordance with this policy will contribute to cynicism on the part of citizens and communities. The government needs to build on over 15 years of experience with community-based collaborative projects such as the federal Atlantic Coastal Action Program (ACAP) initiative, which has demonstrated that communities and community-based stewardship groups can play a responsible role and make a substantive contribution. Coastal communities need to be included as a key component of any coastal management initiative and assisted in their role. They are on the front line, have a long term, vested interest and can help perform essential tasks including monitoring environmental conditions as well as helping government address community-specific challenges. Coastal communities have the most to gain or lose and there must be full and effective participants in coastal use decision-making. To this end, the concept of Coastal Development Advisory Boards should be explored based on best practices involving citizen participation.