Exploring the Permanence of Conservation Covenants

Abstract

Conservation on private land is a growing part of international efforts to stem the decline of biodiversity. In many countries, private land conservation policy often supports in perpetuity covenants and easements, which are legally binding agreements used to protect biodiversity on private land by restricting activities that may negatively impact ecological values. With a view to understand the long-term security of these mechanisms, we examined release and breach data from all 13 major covenanting programs across Australia. We report that out of 6,818 multi-party covenants, only 8 had been released, contrasting with approximately 130 of 673 single-party covenants. Breach data was limited, with a minimum of 71 known cases where covenant obligations had not been met. With a focus on private land conservation policy, we use the results from this case study to argue that multi-party covenants appear an enduring conservation mechanism, highlight the important role that effective monitoring and reporting of the permanency of these agreements plays in contributing to their long-term effectiveness, and provide recommendations for organizations seeking to improve their monitoring programs. The collection of breach and release data is important for the continuing improvement of conservation policies and practices for private land.