The Government of the Canary Islands has decided to restart the processing of the Biodiversity and Natural Resources LawThis is a key regulation for governing how the archipelago's natural heritage is protected and managed. After several years of stagnation, the regional government is reactivating the draft bill with the intention of correcting the problems identified and accelerating its approval.
This future law aims to become the legal framework for the conservation, restoration and sustainable use of nature in the Canary Islandsby integrating into a single text the rules and instruments that are currently scattered across different provisions. The Canary Islands, with their unique biodiversity in Europe and particularly fragile ecosystems, are thus placed at the heart of the environmental legislative debate.
Restart of the preliminary draft and urgent processing
The Regional Government Council, at the proposal of the Ministry of Ecological Transition and Energy, has agreed restart the draft bill procedure from the starting pointAlthough it builds upon the technical and legal work already completed, the Executive is opening a new file because the modifications introduced are considered significant enough to require a full process.
The decision comes after the The Canary Islands Advisory Council issued a lengthy opinion The report highlighted shortcomings in the drafting technique of the initial text, potential overlaps with basic state legislation, and risks to the principle of legal certainty. Although this report was prepared approximately three years ago, the Canary Islands government has only now opted to formally resume the process.
In order to respond quickly to the environmental needs of the archipelago, the Executive has opted to to promote the law through the urgent procedureThis approach seeks to shorten administrative deadlines without dispensing with the mandatory phases of reports, consultations and public participation that precede the approval of a bill.
According to information provided by the Government itself, the new administrative push allows leverage the knowledge accumulated in previous phases, including the analysis and drafting work already carried out, while introducing corrections aimed at strengthening its legal soundness and its adaptation to the current framework of competences between the State and the autonomous community.
Adjustments to the opinion of the Advisory Council and legal certainty
One of the most sensitive points of the process has been the need to to correct the aspects questioned by the Canary Islands Advisory CouncilThe report warned that, in its original wording, the draft bill violated the constitutional distribution of powers in certain provisions and raised doubts about legal certainty in at least a dozen articles.
The regional government maintains that, based on that analysis, it has prepared a revised version of the text that improves its internal consistencyIt strengthens its structure and avoids duplication with state regulations. In this way, it aims to safeguard the autonomous community's own sphere of competence without encroaching on matters reserved to the State, especially regarding basic legislation on biodiversity and natural resources.
The review also seeks refine the legislative technique usedClarifying concepts, harmonizing definitions, and organizing the different titles and chapters more systematically. With these changes, the regulation aims to be clearer for administrations, legal professionals, and the public, thereby reducing potential future interpretive conflicts.
In this context, the Government emphasizes that the new wording attempts to offer a stable, understandable legal framework aligned with European and state regulations in the area of ​​nature conservation, while adapting to the island characteristics of the Canary Islands.
A comprehensive framework for the natural heritage of the Canary Islands
The future Biodiversity and Natural Resources Law is conceived as the first regional regulation that fully integrates and organizes the instruments of planning, conservation and management of the Canary Islands' biodiversity. Until now, these instruments were scattered across different laws and regulations, which complicated their coordinated application.
The stated objective is to provide the archipelago with a comprehensive legal framework for the protection, conservation, restoration and sustainable use of natural heritage. This includes everything from the planning of protected areas from the regulation of species and habitat management, through the management of natural resources and environmental monitoring measures.
The text will focus especially on the unique characteristics of the island territory, characterized by high biodiversity, strong endemism (species exclusive to the islandsand a marked ecological fragility. These conditions necessitate a specific approach that takes into account both human pressure and the threats arising from climate change.
In practice, the standard aims to to unify criteria and establish a common language for all administrations and sectors involved in the management of the natural environment. This aims to avoid contradictions between plans, reduce overlapping bureaucracy, and facilitate the effective implementation of conservation policies throughout the Canary Islands.
Protection of terrestrial, marine and coastal ecosystems
Among the most important contents of the preliminary draft is the express incorporation of the protection of the marine environment and coastal ecosystemsThis is a particularly relevant aspect in an island territory surrounded by the Atlantic Ocean. The law aims to encompass both land and sea areas under regional jurisdiction.
The text anticipates environmental planning tools for species and habitatsas well as measures aimed at the sustainable management of natural resources. This ranges from the preservation of areas of high ecological value to the regulation of activities that may affect the balance of ecosystems, especially in heavily pressured coastal areas through tourism and urban development.
Furthermore, the future standard will integrate the different systems of scientific knowledge and environmental monitoring already existing in the Canary IslandsThe intention is that decision-making will be based on up-to-date data and the work of the scientific communityfacilitating the assessment of the conservation status of species and habitats and allowing policies to be adjusted when necessary.
In this way, the law seeks to establish a common framework that encompasses planning, biodiversity conservation and the responsible use of natural resourcesreducing the risk of irreversible deterioration of ecosystems and increasing the capacity to respond to environmental threats such as habitat loss, pollution or overexploitation.
Administrative coordination and public participation
Another key element of the preliminary project is the reinforcement of coordination mechanisms between public administrationsThe Government of the Canary Islands wants to establish clear rules for collaboration between the autonomous community, the island councils and the municipalities, in order to avoid overlapping powers and improve the effectiveness of actions.
The standard is proposed order the instruments of administrative intervention related to biodiversity, so that the various permits, authorizations, and plans are coordinated coherently. This aims to reduce unnecessary procedures, clarify the responsibilities of each level of government, and ensure that all measures are aligned.
Likewise, the legal text processing process includes consultation and public information phases before its final approval. During these stages, institutions, social and scientific organizations, and the general public can submit observations and proposals, enriching the content of the regulation and identifying potential shortcomings.
The regional government emphasizes that the law It will strengthen the tools for the conservation, restoration, and sustainable use of natural heritage.This creates a more robust framework for implementing long-term environmental policies. Once the draft bill passes through internal administrative procedures, it will become a bill and be submitted to the Parliament of the Canary Islands for debate and possible approval.
With all this regulatory framework in place, the Canary Islands are preparing to have a proper, systematic and up-to-date legal instrument that develops at the regional level the state legislation on biodiversity and natural resources, adapting it to the reality of an archipelago with exceptional biological richness and, at the same time, very vulnerable.
