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1) This is a peer reviewed paper that has been
prepared and presented at the FIG Working Week in Eilat, Israel, 3-8 May
2009.
Key words: Climate Change, Carbon Credits, Land Management,
Land Administration.
SUMMARY
This paper explores the role of land registers and cadastre in
supporting measures that aim at adapting to and mitigating climate
change. To that end, the paper provides a brief introduction to climate
change in general. The paper then continues by analyzing the role of
housing, land use, land-use change and forestry with respect to carbon
storage and emission reduction. It appears that –in certain cases such
as a FAO/IIED report on large-scale biofuel production)– land tenure and
land management are of eminent importance. The paper also refers to the
evolving voluntary retail market for carbon credits, which even might
constitute a ‘title’ in their own right and be registered separately
from an ownership title. To promote carbon sequestration and emission
reduction, land policy and associated land instruments such as market
regulation, land use planning, land taxation and land reform should
include climate-proof goals. To facilitate good land policy and its
implementation, the paper encourages land registers and cadastres to
extend their traditional purposes of markets and taxation to include
contributing to adaptation to and mitigation of climate change.
1. INTRODUCTION
As climate change affects the livelihoods of people on earth, it is
most likely that land and houses will play a role in adapting to and
mitigating climate change. This paper first aims to use desk research to
identify the role of land and houses. Then, the elements of such
adaptation and mitigation are explored, to identify the role of land
owners, land users and land managers (using policy reports and
scientific literature). Finally, based on the author’s earlier papers
(see www.oicrf.org), some explorative
research is pursued to identify the role of land registers and cadastres
in adapting to and mitigating climate change. As far as the author is
aware, this area still represents a wide gap in our knowledge.
2. CLIMATE CHANGE IN GENERAL
The regular Synthesis Reports of the Intergovernmental Panel on
Climate Change (IPCC) provide observations and analyses concerning (a)
changes in climate regardless of their causes, (b) an assessment of such
causes and (c) a projection of future climate change.
The latest report (2007) states that the fact that the climate system
is warming is ‘unequivocal: as is now evident from observations of
increases in global average air and ocean temperatures, widespread
melting of snow and ice, and the rising of the global average sea
level’. As a rough estimate, this could result in more precipitation in
the north, more droughts in the south, fewer cold days, more hot days,
heat waves and higher sea levels. As a secondary effect, the IPCC
expects many natural systems to be affected, such as glacial lakes,
early spring events, bird migration, and shifts in plant and animal
species towards the polar regions, salinity and earlier greening of
vegetation. Various scenarios show the impact on human systems such as
crop productivity, coastal zones, flood plains, health, industry and
settlements prone to extreme weather events and drought.
More specifically, Africa is expected to be exposed to increased
water stress, reduced rain-fed agriculture, affected low-lying coastal
areas and diminished access to food. Asia is expected to suffer from
decreased availability of fresh water, higher risk for delta areas and
pressure on natural resources. Europe is expected to be faced with
floods and erosion, glacier retreat, reduced availability of water,
worse weather conditions in the south, and increased health risks
because of heat waves and wildfires. The Americas are expected to be
prone to gradual replacement of tropical forests by savannah, loss of
biodiversity, decreased livestock and crop production, less
precipitation, heat waves in the north and increased rain-fed
agriculture. Cereal productivity is expected to increase at mid and high
latitudes and to decrease in lower latitudes, which has a negative
impact on food security and the livelihoods of small farmers and
fisheries.
The drivers for climate change appear to be both natural and
anthropogenic. One example of a natural driver is solar radiation.
Anthropogenic drivers include greenhouse gas emissions from human
activities. The IPCC reports that the global increase of carbon dioxide
(CO2) is due to fossil fuel use and changes in land use. Global
increases in methane levels (CH4) are very likely due to agriculture and
fossil fuel combustion. The increase in nitrous oxide (N2O) is primarily
due to agriculture.
A special report published by the IPCC (2000) discusses how different
land use and forestry activities affect carbon stocks and greenhouse gas
emissions. Carbon is retained in live biomass, in organic matter and in
the soil. When human interventions lead to changes in live biomass, land
use and forestry, the carbon stock also changes, which in turn
influences the global carbon cycle. For example, the report reveals that
substantial amounts of carbon have been released when forests were
cleared. Greenhouse gas emissions occur as a result of restoration of
wetlands, biomass burning and fossil fuel combustion, intensive tillage,
fertilization of lands and forests, rice cultivation and enteric
fermentation.
3. KYOTO PROTOCOL
In Article 3.1 of the Kyoto Protocol, parties agreed to limit and
reduce their greenhouse gas emissions between 2008 and 2012.
Furthermore, countries that signed the Protocol can use afforestation,
reforestation and deforestation as potential contributors to the
reduction of emissions (Article 3.3). The same counts explicitly for
measures regarding land use, land-use change and forestry (Article 3.7).
This aspect is where we find the link to discuss the role of cadastres
in climate change, as managing lands and forests requires an active land
policy, instruments to implement such policy, and land tools to
facilitate government intervention in private and public rights to land
and housing.
4. ROLE OF LAND USE, LAND-USE CHANGE AND LAND MANAGEMENT
The UN Food and Agriculture Organization (FAO) states in its
publication ‘Climate Change and Food Production’ (2008) that sustainable
agricultural production plays a role in adapting to and mitigating the
impact of climate change, because (a) agriculture is an important
emitter of greenhouse gases, (b) has the highest potential for reducing
emissions through carbon stocks and (c) is the sector that is most
affected by climate change. FAO is well aware that expanding biofuel
production is likely to lead to greater competition for access to land.
This requires sound land tenure policies and land-use planning;
otherwise, the livelihood of farmers, pastoralists, fishermen and forest
dwellers without formal land tenure rights will be at risk. Greater land
tenure security is conditional to applying various mitigation and
adaptation measures.
A study by the International Institute for Environment and
Development (IIED, 2008) elaborates the relation between the two,
revealing that accelerating expansion of bio-ethanol and bio-diesel
production might offer opportunities for small-scale farmers by
revitalizing land use in rural areas and increasing both yields and
incomes. However, both would depend on land tenure security. Large-scale
biofuel production also might provide employment, skills development and
secondary industry, creating potential for long-term poverty reduction.
To achieve such results, the IIED advises establishing land policy
frameworks that give clearer definitions of concepts of idle,
under-utilized, barren, unproductive, degraded, abandoned and marginal
lands, in order to avoid land allocation to large-scale biofuel
industries to the disadvantage of local livelihoods. Existing land
tenure patterns should be recognized and implemented within a broader
circumstance of taxation, subsidies, markets and trade.
Research (e.g. Rothamsted, 2005) demonstrates that sound land
management results in lower greenhouse gas emissions from all links in
the food chain, provides carbon sequestration in soil and vegetation,
and replaces fossil fuels with renewable bio-energy crops. Pfister et
al. (2004) discuss the relations between climate change, land-use change
and run-off predictions in the Rhine and Meuse river basins. The
research concerns the influence that changes in land use had on the
hydrological subsystem, which interacts with the climate system. They
found that ‘in general field drainage, wetland loss and urbanization
result in more rapid downstream transmission of flood waves and less
floodplain storage’. There was no evidence that land-use changes
affected flood frequency and flood magnitude. Whether changes in the
hydrology of the Rhine and Meuse were more strongly influenced by
climate change than by land-use change appeared to be difficult to say.
Similarly, Juckem et al. (2008) investigate the effect of land-use
change in the ‘driftless area’ in Wisconsin. Although increased
precipitation was significantly higher than in other watershed areas,
they argue that the changes were likely linked to changes in the soil
properties as a result of agricultural land management practices.
Research by Eve et al. (2002) explains the background behind removing
CO2 from the climate by growing plants which are able to store organic
carbon in the soil. The paper shows that ‘under the US Conservation
Reserve Program about 13 million hectares of highly erodable croplands
were taken out of agricultural production by converting them, by
planting it back to grass or trees. Because then the soil is not
disturbed and biomass is not removed: the soils have shown an increase
in carbon storage. Also, adopting reduced tillage resulted in increased
soil carbon storage because the soil is less disturbed, even more for
no-till-at-all land use’.
Fertilization by using organic manure also enhances carbon storage in
the soil, because of both the carbon content of the manure and the
increase in biomass production. Eve’s paper concludes that ‘there is a
net effect of land use and management changes on agricultural lands
resulting in an increase of soil carbon storage’.
Cowie et al. (2007) sees potential synergies between existing
multilateral environmental agreements and the implementation of land-use
change and land management to adapt to and mitigate climate change. The
basic idea is that land-use change and land management can be used to
increase the terrestrial carbon pool, which at the same time contributes
to the Biodiversity Convention (CBD) and the Desertification Convention
(UNCCD). Measures taken into account in this study include ‘conversion
from conventional cropping to reduced tillage, manure, rotation,
irrigation, biocrops, plantation, new forests, which appear to impact on
both less emissions of greenhouse gases, biodiversity and
desertification and reforestation.’ The paper concludes that ‘good land
management is necessary, in order to manage forests, cropping and
grazing systems, biofuel production and that –when land managers
continue to respond to current market demands– the environmental
externalities are not acknowledged.’
The land tenure problem regarding carbon sequestration becomes
manifest in Unruh (2008/9). This research shows that ‘the possibility of
sequestering large quantities of atmospheric carbon through woody
biomass increment via tree planting projects in the tropics…has
impressive potential’. However, afforestation and reforestation projects
have to be initiated by governments that have often little to say in
areas outside the urban sphere, because the Western notion of property
rights and land law are often limited to those particular parts of the
country. In remote and rural areas, customary land management prevails
and is overruled by statutory land tenure arrangements. Unruh argues
that there are five main obstacles for such projects, namely ‘(1) the
land tenure disconnect between customary and statutory land rights, (2)
legal pluralism, (3) tree planting as land claim, (4) the functioning of
treed area expansion in smallholder land-use systems and (5) the
abandoned land problem.’ Tree planting projects require ‘improved
governance, which assumes single land law for the entire population’,
through which the land rights of customary land holders can be
guaranteed. Literature reveals that this is hardly a realistic way
forward, as governments often neglect the land rights of customary
peoples and the poor often ‘need to be protected against the
government…’ Furthermore, tree planting in Africa often ‘signifies a
land claim’, so that tree planting projects are perceived by local
communities as unfair and unjustified land claims by the government,
which are perceived to be conflicting with their own land rights. Unruh
asks, ‘given the land tenure obstacles to the afforestation and
reforestation approach, will it be possible to realize sequestration
goals within the time whereby the impact will be meaningful?’
Harper et al. (2007) investigates the potential of greenhouse sinks
to underwrite improved land management in Western Australia. The problem
is that Australia is faced with ‘salinization of land and water
resources, recurrent wind and water erosion of both cultivated
agricultural lands and rangeland, and the prospect of continued climate
change due to increases in the concentration of greenhouse gases in the
atmosphere.’ There might be ‘opportunities for the land management
sector arising from greenhouse gas abatement and in particular the
development of carbon sinks as a result of land use change.’ The carbon
storage can be used to fulfill the Kyoto obligations and opens
opportunities for trading in emission reductions. The research
investigates the possibilities of ‘carbon farming’ by planting trees and
shrubs on (private) farmland and de-stocking rangeland.
Carbon farming requires a title, which is made possible under the
Australian Carbon Right 2003 legislation, establishing a ‘title for the
carbon in a sink, separate from that of the land, which provides a legal
base for ownership and trading.’ These carbon credit titles are treated
like property titles, so they also need to be registered. Measures to
materialize the potential of carbon sinks include ‘reforestation,
grazing land management, cropland management, and re-vegetation.’
5. ROLE OF HOUSES AND SPATIAL PLANNING
According to (IPCC 2007) the largest growth in greenhouse gases
emissions between 1970 and 2004 has come from energy supply, transport
and industry. In addition to the ‘land sector’ (section 4), the urban
environment therefore also needs attention. ‘About 30-40% of the total
energy consumption in western countries is assigned to building. About
50% of these refer to the energy consumption for indoor air conditioning
(heating and cooling)’ (Pulselli et al, 2009). Regarding the effects of
climate change on the built environment (Roberts, 2008) clarifies that
buildings play an important role in both adaptation and mitigation.
Modern building design includes low carbon running costs while
‘maintaining comfort’. Super insulation, high performance windows, heat
recovery systems, thermal storage are to be included in climate proof
design principles. (Hamza et al, 2009) reports about the role of
building regulations in the UK, which originally were introduced to
safeguard public health and safety, but now -after revision- are seen as
a tool for ‘limiting the environmental impact of the built environment
on natural resources’. Regarding adaptation to the effects of climate
change, the construction buildings that are resistant to weather
extremes like flooding and storms, require not only new construction
methods, but also a land use planning that allocates building
construction at the right location (Roberts, 2008). Recognizing the role
of various sectors in society for finding solutions for climate change,
like the transportation sector, housing sector, agricultural sector, the
coordinating mechanism still is the spatial planning especially at local
level (Biesbroek et al, 2008). That explains the role of local
governments (or ‘sub-national governments’), as they have control over
‘areas that crucially affect greenhouse emissions, such as
transportation, energy use, land use regulation and environmental
education’ (Puppim, 2008). The role of spatial planning is even more
important as the reduction of transport related emissions has a direct
relationship with the higher density of land use, resulting in less
transport activity both for passengers and freight (Grazi et al, 2008).
In order to monitor the energy use, several countries introduced
environmental rating of buildings. As more than 80% of energy used in
households is dedicated to space heating, large savings are expected to
be gained in the housing stock. Sweden investigates an external and an
internal factor (Malmqvist et al, 2009), while Denmark, Belgium, the
Netherlands, Germany publish so called energy labels, in order to create
awareness amongst the populace concerning energy use of houses and
potential savings. That energy labeling is not a immediate success,
reveals an investigation in Denmark, where no significant energy saving
where found despite this was the main goal of the Danish Energy
Labelling Scheme (Kjǽrby, 2008) and an investigation by a national real
estate agent association (VBO) in the Netherlands, that revealed that
only 38% of house buyers paid attention as whether an energy label was
available for the property they were interested in (Dutch News, 30
January 2009).
6. MITIGATION OF AND ADAPTATION TO CLIMATE CHANGE
The Kyoto Protocol requires societies to respond to climate change by
reducing greenhouse gas emissions (‘mitigation’) and coping with the
changes (‘adaptation’). The IPCC report specifically summarizes various
options. Regarding mitigation measures related to land and housing, the
report suggests e.g. increased production and use of biofuels, reduction
of transport needs by means of climate-proof land-use planning,
energy-efficient houses and commercial buildings by the establishment of
energy labeling and building codes, land management to increase soil
carbon storage, restoration of degraded lands, application of
cultivation methods that improve carbon sequestration (such as more rice
cultivation, livestock and manure management), better forest management
and better land-use management. Regarding adaptation measures, the
report suggests e.g. expanded rainwater harvesting, water storage, crop
variety, improved land management to achieve erosion control and soil
protection, the construction of seawalls and storm barriers, dune
reinforcement, land acquisition and creation of marshlands and wetlands
as a buffer against sea level rise and flooding.
Concerning the underlying policy framework, the report refers to
institutional reform, land tenure and land reform, capacity building,
integrated land-use planning, building codes, and national water
policies.
7. CARBON CREDITS MARKET
Articles 3.3 and 3.4 of the Kyoto Protocol provide for the use of
greenhouse sinks (carbon sequestration in soils and vegetation) to be
used by countries to fulfill their obligation to reduce greenhouse
gases. Articles 6, 12 and 17 establish a market for trading assigned
emission credits. This is known as the ‘compliance market’, structured
to facilitate the trade in emission rights, based on cooperation with
developing countries in carbon sequestration projects (‘Clean
Development Mechanism’). Article 17 allows countries that have ‘assigned
emission units’ to spare to sell their surplus credits to countries that
are over their targets. Since carbon dioxide is the principal greenhouse
gas, people speak simply of ‘trading carbon’ (UFCCC website, accessed
30-9-2008).
The Dutch government, for example, under the Clean Development
Mechanism (CDM) of the Kyoto Protocol and the EU Emission Trading Scheme
(EU-ETS), has a portfolio of 28 projects in 11 different countries,
consisting of various energy technologies such as wind power production,
methane gas recovery and biofuel production; the total contracted volume
is 17.4 million tons of carbon dioxide equivalent (SenterNovem website,
accessed 7-11-2008). The government even created a supervisory authority
for emissions trading: the Dutch Emissions Authority (NEA).
Apart from the compliance market, a ‘retail offset market has also
emerged, with a focus on voluntary participation by parties not bound by
specific caps or regulations. Greenhouse gas emissions can be offset by
investing in projects that provide emission reductions elsewhere;
critically, the voluntary market is still unregulated in that it has no
market standard’ (Harris, 2007).
Here we observe the creation of a new commodity, in line with the
research on land markets (Wallace et al., 2006a, 2006b), where she
describes that land markets increasingly include more complex
commodities. In the carbon credit case, this concerns a ‘new commodity
in the form of emission reductions or removals’.
This leads to opportunities for such measures as carbon farming
(Harper et al., 2007), to generate tradable carbon credits through –in
the Australian case– reduction of livestock density, removal of wild
grazing animals such as goats and rabbits, conversion from cropping to
grazing, conversion from conventional to no-till cropping, re-vegetation
(trees, fodder shrubs) and forestry development. In this situation,
marketing carbon credits requires a title for a carbon sink, which is
separate from the property title for the land (‘unbundling of property
rights’), which also might require registration.
To date, it is recognized that transactions in voluntary carbon
credits such as occur in Australia, Europe and North America are not
formally recorded. As cited earlier, Harris (2007) considers the
voluntary retail market to be unregulated; in order to increase ‘market
integrity and to avoid that emission rights are sold more than once,
formal registration should be implemented; aside from the credibility
gained, this registration could make the market more fungible’. It is
remarkable that Harris refers to existing registers such as Triodos
Bank’s Climate Clearinghouse register, the Greenhouse Gases Register of
the Environmental Resources Trust (ERT), and a register managed by the
Bank of New York, while existing land administration system could so
easily adopt such carbon credit rights in their registers.
8. ROLE OF LAND POLICY, LAND INSTRUMENTS AND LAND TOOLS.
Adaptation to and mitigation of climate change, by their very nature,
challenge professionals in the fields of land use, land management, land
reform, land tenure and land administration to incorporate climate
change issues into their land policies, land policy instruments and
facilitating land tools. This is similarly applicable to water and
coastal zone professionals. It is clear that land registers and
cadastres in themselves cannot induce mitigation and adaptation of
climate change. However, they must serve as a sound information base for
the implementation of land management policies.
This means that in addition to appropriate registration of land
tenure and cadastral geometry, additional information is requires about
environmental rating of buildings, energy use, current and potential
land use related to carbon stock potential and greenhouse gases
emissions, clearer definitions of various land types related to the
application of various legal regimes (like what is exactly ‘idle’ land),
flood and storm prone areas, salinization rates and transport
indicators. This information might not necessarily be recorded in the
land registration and cadastre system itself, but at least connected
with it, so that a strong link with private and public rights to land
remains in existence.
In the case of ‘unbundled’ property rights, with the separation of
carbon credit titles, these registers and cadastres should be able to
register such rights (registration) and to attach appropriate geometric
attributes (see section 10) and to make those titles accessible for
trade in the carbon credit market. Land registers and cadastres also
have to fulfill their most vital purpose, namely to provide land tenure
security to right holders, with a focus on the poor, the vulnerable and
indigenous peoples, in order to safeguard their land rights in case of
e.g. demands for land for purposes of large-scale biofuel production or
afforestation for carbon sequestration and to provide information about
tenure, value and use of land when governments want to encourage changes
in livestock, crop production, conversion from arable land to grazing
land, from tillage to no-tillage cropping, reforestation and combating
degradation of soils though sound land-use planning and management.
When governments want to apply taxation as a measure to achieve such
objectives, land registers and cadastres are supposed to provide
relevant information about taxable objects, taxable values and taxable
persons, including earlier mentioned indicators regarding energy use
etc.
When governments need lands to realize certain land use (water
storage, carbon sinks), land registers and cadastres should provide
information about right holders to be compensated in the land
acquisition process, in such a way that people’s land rights are
respected and the risk of eviction is avoided. When land reform is at
stake, land registers and cadastres provide information about the
existing land tenure pattern and provide an operational process to
change from old to new situations. In summary, land registers and
cadastres have a role to play in supporting governments and citizens in
their efforts at mitigating climate change and trying to adapt to its
impact.
9. THE CASE OF THE DUTCH KADASTER
As one of the signatory parties to the Kyoto Protocol, the
Netherlands’ government recognizes the urgency and scale of the global
climate challenge: its goal is a 30% reduction in greenhouse gas
emissions by 2020, relative to the benchmark year of 1990, preferably as
part of a European effort. In view of the fact that 50% of the land area
in the Netherlands is located below sea level, it is no surprise that
coping with the rising average seawater level, the higher run-off and
discharge predictions for the major rivers and extreme precipitation
forecasts is a priority.
However, the government realizes that measures to cope with water
management should be coupled to measures on land use, nature
conservation, urbanization, transport and recreation. Therefore, the
National Adaptation Policy is based on the concept of integrated
land-use planning, which combines objectives of sustainable coastal
defense measures, supplemented by robust river water systems,
sustainable cities, climate-proof buildings and climate-proof
agriculture.
Since January 1, 2008, legislation has entered into effect that
requires an energy label to be available at the time of transactions
related to the construction, sale or letting of houses. The energy label
issued for a specific house provides information about the energy
consumed during its standardized use. These energy labels form a new
category in the land registers. To date, the Netherlands’ Cadastre, Land
Registry and Mapping Agency, known as Kadaster, has registered about
50,000 labels. The energy labels are open for public inspection, as is
all cadastral data.
Kadaster supports the government in providing not only all
information about land tenure, value and use of land and houses, but
also about public properties and environmental limitations regarding
use, noise, soil pollution, nuisance. It also supports land acquisition
by the government in order to implement anti-flooding measures.
The land consolidation expertise available at Kadaster is put into
practice when the government aims at realizing better climate-proof
agricultural business structures as well as sub-catchments for river
water. As a consequence of sea level rise, seawater will also penetrate
further into the estuaries of the Rhine and Meuse, causing salt
intrusion leading to high salt concentrations. In this area as well,
Kadaster provides relevant land information to support land-based
anti-salinization spatial planning.
10. JOB OPPORTUNITIES FOR LAND SURVEYORS?
A study by the IPPC (2000) reveals widespread demand for a
well-designed carbon accounting system that provides for the
‘transparent, consistent, comparable, complete, accurate, verifiable and
efficient recording and reporting of changes in carbon stocks and/or
changes in greenhouse gas emissions by resources and removals by sinks
from applicable land use, land use change and forestry activities’.
Although different approaches are possible, in many cases land surface
areas, above-ground and below-ground volumes of biomass, canopy surveys,
and geoinformation play a role. The Greenhouse Office of the Australian
Department of Environment publishes its Full Carbon Accounting Model on
the web (Full CAM, assessed 13-11-2008) and also provides what is known
as a ‘National Carbon Accounting Toolbox and Data Viewer’ to allow land
managers to ensure that their projects or regional emissions accounts
are determined on a similar basis to Australia’s official recording of
emissions from the land sector.
The methods used for calculating carbon credits demonstrate a
remarkable similarity to the work of quantity surveyors, whose
profession it is to survey land areas and volumes to estimate building
and construction costs. To date, the author is unaware of any
publications which explore the possible extension of the surveying
profession towards the quantification and qualification of carbon
credits and emission reduction rights.
11. CONCLUSIONS
Land registers and cadastres have to extend their function beyond the
conventional use for land markets and land taxation. The data comprised
in the land information systems are also useful to facilitate government
policy on adapting to and mitigating climate change. Registering new
rights in the form of carbon credit titles would be feasible. With all
these aspects in mind, the idealistic concept of registers and cadastres
as ‘multi-purpose’ land administration systems becomes a real
possibility.
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BIOGRAPHICAL NOTES
Paul van der Molen (59) is currently director of Kadaster
International, holds a chair in land administration and cadastre at the
International Institute for Geo-information Science and Earth
Observation ITC in Enschede (NL). He is a former chairman of FIG
Commission 7 and former FIG Vice President.
CONTACTS
Prof. Paul van der Molen
Kadaster International
PO Box 9046
NL-7300 GH Apeldoorn
THE NETHERLANDS
E-mail: [email protected]
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