Farmers working in a nature-inclusive way still face too many legal barriers. That is the main conclusion of a study that Partners for Innovation performed on behalf of the Ministry of Agriculture, Fisheries, Food Security and Nature (LVVN) as part of the LIFE IP All4Biodiversity programme. Solutions to solve these barriers are part of the study. 

15% Of Dutch farms operate to a greater or lesser extent in a “nature-inclusive” manner – paying close attention to using, conserving and caring for nature. A number of issues currently still stand in the way of the growth of more nature-inclusive farms, particularly regulations in the Environment Act (‘Omgevingswet’) and water, lease, and manure legislation. These include: 

• The creation and use of landscape elements, such as orchards and hedgerows, for biodiversity may conflict with agricultural zoning
• Obligation to replant on the same land in case of felled wood stands (trees or shrubs), this is especially an issue for providing an open habitat for meadowbirds. 
• Too few opportunities for predator control
• Prohibition of dredging in certain areas
• Potential conflicts with water authorities in pursuit of wetter soils
• Sustainability in leases sometimes blocked by powerful ‘land chambers’ (bodies set up to regulate land use)
• Mandatory manure injections and other manure rules deteriorate biodiversity and soil

Yet there are solutions at hand to remove the above-mentioned obstacles, the report concludes after focused research by legal experts and interviews with county staff. Steps to reach the solutions are provided in the report and in general possibilities include: 

• Making agreements with water authorities.
• Adjusting environmental regulations, in consultation with the provinces
• Amend lease laws and apply specific criteria to lease contracts by provinces
• Apply other fertilization techniques or broaden legal regulations

For more information, including legal substantiation of the measures and practical examples from various provinces, please read the full report, as published on the website of All4Biodiversity.