Biodiversity and law: Natura 2000, species and nature restoration

The international framework

The foundation is the 1992 Convention on Biological Diversity (CBD). It pursues three objectives: conservation of biodiversity, sustainable use, and fair sharing of the benefits of genetic resources.

In December 2022 the parties to the Convention adopted the Kunming-Montreal Global Biodiversity Framework in Montreal. That framework contains four overarching goals and 23 concrete targets for 2030. The best known is the 30×30 objective: at least 30 per cent of land, inland waters, coastal areas and seas effectively conserved and managed.

Target 15 is the one that matters most to companies. It calls on states to require large and transnational businesses to measure and disclose their biodiversity risks, dependencies and impacts. The framework is not directly binding law, but it works through into EU legislation and into reporting standards. On that transmission, see the international climate framework.

The European framework

Two directives form the core. The Birds Directive protects all naturally occurring wild bird species. The Habitats Directive protects habitat types and other species of European importance. The sites designated under them together make up the Natura 2000 network.

In practice, Article 6(3) of the Habitats Directive is the hinge. A plan or project that may have significant effects requires an appropriate assessment. Consent may be granted only once it is certain that the integrity of the site will not be adversely affected.

Where that certainty is lacking, only the ADC test remains: no Alternatives, an imperative reason of overriding public interest (Dwingende reden), and Compensation. That route is demanding and is rarely travelled with success.

The EU Biodiversity Strategy for 2030 is policy, not law. It does, however, provide the political basis for new legislation.

The Nature Restoration Regulation

Regulation (EU) 2024/1991 on nature restoration entered into force on 18 August 2024. It shifts the emphasis from conservation to active restoration.

The Regulation sets an EU-wide target: by 2030, restoration measures must be in place on at least 20 per cent of the Union’s land areas and 20 per cent of its sea areas. Rising targets apply to habitat types that are not in good condition: according to the Dutch central government, 30 per cent by 2030, 60 per cent by 2040 and 90 per cent by 2050.

Importantly, the Regulation reaches beyond Natura 2000. It also covers forests, agricultural land, rivers and urban green space. Member States must draw up a national restoration plan. The Netherlands has submitted a first version to the European Commission and will then place the plan open for inspection.

A regulation applies directly. Its obligations are addressed in the first place to the Member State, but the consequences land on area development, agriculture and infrastructure.

Natura 2000 and species under the Environment and Planning Act

The Nature Conservation Act (Wet natuurbescherming) has been absorbed into the Environment and Planning Act. The terminology has changed; the European standard has not.

Article 5.1 of the Environment and Planning Act contains two relevant permit requirements. The Natura 2000 activity concerns a project that may have significant effects on a Natura 2000 site. The flora and fauna activity concerns an activity with possible effects on wild animals or plants.

The prohibitions relating to species sit in Division 11.2 of the Environmental Activities (Living Environment) Decree (Bal). Articles 11.37, 11.46 and 11.54 deal with birds, Habitats Directive species and other protected species respectively. A specific duty of care applies alongside them: you must prevent or limit adverse effects even where no permit is required.

The provincial executive (gedeputeerde staten) is in principle the competent authority. For projects of national importance it is the minister. On the procedure and on objecting, read more about objecting to an environment and planning permit and about environment and planning law.

Nitrogen

On 29 May 2019 the Administrative Jurisdiction Division of the Council of State held that the Nitrogen Approach Programme (Programma Aanpak Stikstof) could not serve as a basis for consent. On 2 November 2022 the construction exemption fell in the Porthos judgment.

December 2024 brought a further step. Internal netting may no longer be taken into account in the preliminary assessment. It is a mitigating measure and belongs in the appropriate assessment. Many projects that previously needed no permit now need one.

The legislature is looking for solutions. A bill to replace the environmental values for nitrogen deposition received a critical advisory opinion from the Council of State on 17 December 2025. The Advisory Division advised against submitting it in that form, in part because of the tension with the European nature directives.

What this means for your project

For companies a reporting layer sits on top of this. Large undertakings report on biodiversity within their sustainability reporting. See CSRD and ESG reporting. Anyone making claims about nature restoration or biodiversity should also take account of the rules on sustainability claims.

Frequently asked questions

Is the Nature Conservation Act still in force?
No. It has been absorbed into the Environment and Planning Act. The European obligations have not changed; the national concepts and procedures have.

How long does an ecological survey take?
Often a full year. Many species can be established only in particular seasons. Plan the survey well before the application.

Can my permit still be quashed after it has been granted?
Yes. Third parties may lodge an objection and an appeal. A defective appropriate assessment is the most common ground for annulment.

Are you dealing with a Natura 2000 activity, species protection or nitrogen? Contact Law & More. We assess your position and guide the application or the proceedings. Our offices in Eindhoven and Amsterdam work in Dutch and English. See also our page on the environmental planning law attorney.