Posts Tagged ‘duty of care’

Is there a place for a binding “duty of care” for biodiversity conservation?

Thursday, February 18th, 2010

A recent article by G. Earl, A. Curtis and C. Allan in the journal Environmental Management discusses the feasibility of imposing a duty of care for biodiversity to land owners and land managers. They explore the specific case of Australia but many of their ideas resonate with the broader issue of developing an appropriate policy mix for conserving biodiversity outside protected areas. The authors argue that as an established legal principle, “duty of care” (rather than the looser moral obligation of “stewardship”) can relatively easily be applied to biodiversity. A government report published in 2001 also addressed this issue and the authors make an important contribution in proposing guidelines for actually implementing a duty of care policy.

Picture of a Eucalyptus woodland by ButterflyHunter (

One of the key points discussed in the article is that of setting clear goals for biodiversity: “desired outcomes” that must be set at the catchment or landscape level (or whichever administrative or management unit is appropriate). Establishing such goals would be a requirement for a duty of care policy but would of course be very useful to a whole suite of existing policies (including those based on the evaluation of impacts on biodiversity).

The authors also argue that this desired outcome should probably be based on the maintenance of the ecosystem or landscape level processes that underpin biodiversity (as well as ecosystem services that are important to humans). However, they recognise that many of these are little known or hard to measure and that appropriate indicators might often rest in identifiable biodiversity components (species presence or abundance, habitat acreage…).

The framework conforms with much of the current dialogue concerning biodiversity conservation across landscapes, in seeking to articulate quantifiable and ‘‘biophysically meaningful’’ desired outcomes for biodiversity that incorporate measures of size, configuration and connectivity of habitats, as well as vegetation condition measures that collectively act as surrogates for ecological processes.

This dialogue is very much at the centre of any policy aimed at stopping biodiversity loss or improving its status, be it stewardship, duty of care, offset schemes or top-down command-and-control rules and regulations.