Definition 1
Conservation Land means the land specified in [Appendix ●], the Biodiversity and ecosystem function of which must be conserved, preserved and protected or increased and improved in aggregate by the [Owner, Developer, Contractor, Promoter and any subsequent owners] [in accordance with clause ●].
Drafting notes and guidance
Ecosystem function refers to the biological, chemical, and physical processes within an ecosystem that support its health, stability, and resilience, such as decomposition of microorganisms releasing nutrients into soil and carbon sequestration in forests and peatlands.
The positive obligations governing how the land should be dealt with and the required standard of protection against which any conservation or improvement of the land should be measured should be contained in an operative clause. This definition is appropriate to use in contexts where the objective of a clause or provision is rewilding (that is, returning land to its natural state).
Organisations may also want to consider the following factors:
- biodiversity measurement: consider using scientifically robust metrics to measure Biodiversity, such as:
- species richness and abundance (alpha diversity);
- ecosystem connectivity (landscape-scale habitat corridors);
- functional diversity (ecosystem service provision); and
- biometric condition assessments following established ecological monitoring protocols.
- temporal considerations: ecosystem restoration typically requires 5-20+ years to achieve measurable biodiversity improvements. Therefore, any timeframes used in contract documents should be realistic and based on ecological succession patterns for the specific ecosystem type of the Conservation Land.