Case Law - Impact assessment

The World Heritage Committee,

1. Having examined Documents WHC/21/44.COM/8B and WHC/21/44.COM/INF.8B1,
2. Inscribes Nice, Winter Resort Town of the Riviera, France, on the World Heritage List on the basis of criterion (ii);
3. Takes note of the following provisional Statement of Outstanding Universal Value:

   [Text available in French only]

4. Requests the State Party to revise the boundaries of the property to reflect the historical timeframe between 1760 and the 1930s, and the mapping of the key attributes that significantly express the interchange of influences, mainly in relation to developments in architecture;
5. Recommends that the State Party give consideration to the following:
   1. Completing the ongoing inventory of built heritage, which will serve as a solid basis for conservation and management purposes,
   2. Documenting the interiors of the buildings and put measures in place for their protection, particularly in relation to adaptations to accommodate modern living and hospitality standards,
   3. Reinforcing monitoring indicators for slow changes to the attributes which can have negative cumulative effects over the long-term,
   4. Ensuring that mechanisms are in place to facilitate coordination between multiple actors with responsibilities for the management of the property, its buffer zone and the wider setting,
   5. Carrying out a mid-term review of the management plan and evaluating its adequateness to effectively guide the protection and management of the property and its buffer zone;
6. Also requests the State Party to submit to the World Heritage Centre, by 1 December 2021, a revised map indicating the boundaries of the property and the document officially granting the required national-level protection, “Site Patrimonial Remarquable”;
7. Finally requests the State Party to submit to the World Heritage Centre, by 1 December 2022, a report on the implementation of the above-mentioned recommendations for examination by the World Heritage Committee at its 46th session.

The World Heritage Committee,

1. Having examined Document WHC/19/43.COM/7B.Add,
2. Recalling Decision 41 COM 7B.26, adopted at its 41st session (Krakow, 2017),
3. Welcomes the State Party’s progress towards an integrated, coordinated management system for the property, including the ongoing implementation of the 2016 Conservation and Management Plan of South China Karst World Natural Heritage Site (CMP‐SCK);
4. Notes with appreciation the continued progress in addressing impacts from tourism, water pollution, agriculture and urban development through the implementation of the CMP-SCK, and urges again the State Party to closely monitor the effectiveness of measures taken;
5. Also notes with appreciation the State Party’s decision to abandon the renovation and expansion projects of the two existing roads crossing Shilin Karst and its Buffer Zone, which may have a negative impact on the property’s Outstanding Universal Value (OUV), and its commitment to report any future developments to the World Heritage Centre, in accordance with Paragraph 172 of the Operational Guidelines;
6. Acknowledges the reported assessment of environmental impacts of the Guiyang‐Nanning High‐Speed Railway, which commenced in 2016 and crosses the buffer zone of Libo Karst, concluding that the project would not affect the OUV of the property, but requests however the State Party to address any impact on the buffer zone, any potential impact of invasive alien species on the property, and that it assess, monitor and manage the potential long-term cumulative impacts of increased tourism pressure on the OUV of the property;
7. Further notes with appreciation the information provided about the relocation processes followed for Wukeshu Village, in particular to ensure that the relocation was carried out with the consent of the population concerned, and also requests the State Party to ensure that any such relocation programmes are in line with the 2015 World Heritage and Sustainable Development Policy and relevant international standards;
8. Further requests the State Party to submit to the World Heritage Centre, by 1 December 2020, an updated report on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 45th session in 2021.

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7B.Add,
2. Recalling Decisions 39 COM 7B.94 and 40 COM 7B.49, adopted at its 39th (Bonn, 2015) and 40th (Istanbul/UNESCO, 2016) sessions respectively,
3. Also recalling the concerns expressed by the 2012 mission regarding the critical level of urban development reached since inscription and its cumulative impacts on the Outstanding Universal Value (OUV) of the property, the need for new tools to guide the development process towards sustainable development that protects the attributes of the OUV, and the specific recommendations of the 2015 mission to the property,
4. Noting the information provided by the State Party including design changes and a Heritage Impact Assessment for the proposed Vienna Ice-Skating Club – Intercontinental Hotel – Vienna Konzerthaus project, the resolution of the City Council of Vienna dated 5th May 2017, the intention to analyze and review existing urban planning instruments, and the advice regarding proposed projects in the the Karlsplatz-area,
5. Welcomes the study on historic roof constructions in the Historic Centre of Vienna by the Federal Monuments Authority in collaboration with the City of Vienna, and requests the State Party to adopt a moratorium on projects that involve any modification of the roofscapes within the property, until the study has been completed;
6. Notes with regret that the changes made to the proposed Vienna Ice-Skating Club – Intercontinental Hotel – Vienna Konzerthaus project do not comply with the previous requests of the Committee, and that the proposed project remains inconsistent with the recommendations of the 2012 and 2015 missions and would adversely affect the OUV of the property if implemented in its current form, and therefore reiterates its requests to the State Party to submit a further revised design to the World Heritage Centre, for review by the Advisory Bodies, before any decisions are made regarding its implementation, in accordance with Paragraph 172 of the Operational Guidelines;
7. Reiterating its concern that the High-Rise Concept abolishes exclusion zones for high-rise buildings in the Vienna urban areas, without having applied appropriate instruments of control for height, volume and urban density respecting the OUV of the property, and that the Glacis Master Plan permits the construction of buildings of a scale that would have an adverse impact on the urban form and character of the Glacis area, expresses its regret that these instruments have not been repealed or substantially amended, and therefore also reiterates its request to the State Party to facilitate the preparation of revised planning rules and guidelines, which:
   1. Establish parameters for the urban density as well as specific standards for building height and volume for the property and buffer zone,
   2. Safeguard the urban morphology that is an essential attribute of the property,
   3. Encourage sustainable development in the property and its buffer zone in harmony with its OUV,
   4. Require that all high-rise projects are evaluated through a comprehensive Heritage Impact Assessment (HIA), prepared in accordance with the ICOMOS Guidance on HIAs for Cultural World Heritage properties, including reference to 3D visual simulations, so that the effects of the proposed development on the OUV of the property can be properly considered;
   5. Incorporate the intent of the resolution of the City Council of Vienna, dated 5 May 2017 within the revised planning rules and guidelines;
8. Also requests the State Party to facilitate review of the designs for the proposed developments in the Karlsplatz-area, having particular regard to the setting of the Karlskirche, and to ensure that the proposals are evaluated through a comprehensive HIA, prepared in accordance with the ICOMOS Guidance on HIAs for Cultural World Heritage properties, and that comprehensive documentation, including adequate scale drawings and visualizations of the planned interventions as observed from ground level, are submitted to the World Heritage Centre for review by the Advisory Bodies, in accordance with Paragraph 172 of the Operational Guidelines, before any decision is made regarding the future of these projects;
9. Urges the State Party not to amend the current land use and development plans and to halt any further approvals for high-rise projects, pending the preparation of the revised planning rules, and submit the proposed designs and related HIAs for any future high-rise projects to the World Heritage Centre for review by the Advisory Bodies, in accordance with Paragraph 172 of the Operational Guidelines;
10. Regrets that the State Party has not complied with the requests expressed by the Committee in Decision 40 COM 7B.49, in particular related to the lack of change to existing planning controls and the inadequate extent of change proposed for the Vienna Ice-Skating Club – Intercontinental Hotel – Vienna Konzerthaus project;
11. Considers that the current planning controls pose serious and specific threats to the OUV of the property, such that the property is in danger, in accordance with Paragraph 179 of the Operational Guidelines and decides to inscribe the Historic Centre of Vienna (Austria) on the List of World Heritage in Danger;
12. Further requests the State Party, in consultation with the World Heritage Centre and the Advisory Bodies, to develop a set of corrective measures, a timeframe for their implementation, and a Desired state of conservation for removal of the property from the List of World Heritage in Danger (DSOCR), for examination by the World Heritage Committee at its 42nd session in 2018;
13. Finally requests the State Party to submit to the World Heritage Centre, by 1 February 2018, an updated report on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 42nd session in 2018.

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B,
2. Takes note with satisfaction of the measures taken by the States Parties concerned to address its previous requests to mitigate the threats on the Outstanding Universal Value of the following World Heritage properties:
   • Walled City of Baku with the Shirvanshah's Palace and Maiden Tower (Azerbaijan),
   • Bolgar Historical and Archaeological Complex (Russian Federation),
   • New Lanark (United Kingdom of Great Britain and Northern Ireland),
   • Monumental Earthworks of Poverty Point (United States of America);
3. Encourages the States Parties concerned to pursue their efforts to ensure the conservation of World Heritage properties;
4. Recalling the benefits to States Parties of systematically utilizing Heritage Impact Assessments (HIAs) and Environmental Impact Assessments (EIAs) in the review of development projects, also encourages States Parties to integrate the EIA/HIA processes into legislation, planning mechanisms and management plans, and reiterates its recommendation to States Parties to use these tools in assessing projects, including assessment of cumulative impacts on the Outstanding Universal Value of properties, as early as possible and before any final decision is taken;
5. Reminds the States Parties concerned to inform the World Heritage Centre in due course about any major development project that may negatively impact the Outstanding Universal Value of a property, before any irreversible decisions are made, in line with Paragraph 172 of the Operational Guidelines.

The World Heritage Committee,

1. Having examined Document WHC-15/39.COM/7B.Add,
2. Recalling Decision 38 COM 7B.69, adopted at its 38th session (Doha, 2014),
3. Notes with significant concern that the proposed East-West Electric Railway and Terai-Hulaki Highway, if constructed, would result in the fragmentation of the property in four locations, all of which contain important habitat for key species, including elephant, rhino, tiger and gaur, and increase the risk of poaching;
4. Requests the State Party to undertake an Environmental Impact Assessment (EIA) for the proposed Suspension Bridge (Balmikiashram-Trivenidham), and submit the EIAs for the East-West Electric Railway, the Tarai Hulaki Highway and the optical fibre project crossing the property to the World Heritage Centre, for review by IUCN, ensuring that the EIAs include a specific assessment of the impacts on the Outstanding Universal Value (OUV) of the property, as well as an assessment of cumulative impacts and alternative alignments that do not cross the property, as recognised under all its inscription criteria in conformity with IUCN’s World Heritage Advice Note on Environmental Assessment;
5. Also requests the State Party to submit these EIAs and further details on the proposed projects to the World Heritage Centre, for review by IUCN, in accordance with Paragraph 172 of the Operational Guidelines, and to ensure that no construction of infrastructure will be permitted if it could negatively impact on the OUV of the property;
6. Recalling the two recent years of zero rhino poaching in the property (2011 and 2013), further requests the State Party to provide an update on the status of poaching of rhino and other wildlife inside the property, in order to demonstrate the continued success of anti-poaching operations;
7. Requests furthermore the State Party to invite an IUCN Reactive Monitoring mission to the property, in order to review potential impacts from the abovementioned developments on its OUV, and to provide advice on alternative options for infrastructure development that would not have a negative impact on OUV;
8. Requests moreover the State Party to submit to the World Heritage Centre, by 1 December 2016, an updated report, including a 1-page executive summary, on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 41st session in 2017.

The World Heritage Committee,

1. Having examined Document WHC-14/38.COM/7B.Add,
2. Recalling Decision 37 COM 7B.8 adopted at its 37th session (Phnom Penh, 2013),
3. Welcomes the significant progress achieved by the State Party and its partners since the inscription of the property in terms of its protection and management, in particular the strengthening of its legal framework, the creation of a functional management authority and management system and the management of fishing inside the property which restricts fishing to the local Imraguen communities using only traditional methods and an efficient surveillance system;
4. Takes note of the conclusion of the reactive monitoring mission that so far, the Outstanding Universal Value (OUV) of the property has been preserved in part thanks to its isolation but that the region is undergoing rapid changes characterized by numerous planned infrastructure developments;
5. Notes with concern the many infrastructure projects being developed around the property, which could potentially impact on its OUV, and requests the State Party not to authorize infrastructure inside the property or in its vicinity, without having conducted an Environmental Impact Assessment (EIA) in conformity with IUCN’s “World Heritage Advice Note: Environmental Assessment” and to ensure that all EIAs are validated by the Scientific Council of the property and submitted to the World Heritage Centre prior to making any decisions that would be difficult to reverse, in accordance with Paragraph 172 of the Operational Guidelines ;
6. Expresses its utmost concern about the road to Mamghar, which presents a serious threat to the integrity of the property and is impacting on its cultural values, and urges the State Party to ensure that its use is restricted to mitigate its impact and that a system of control of access to the property is put in place;
7. Also requests the State Party to ensure that the draft EIA for the water sourcing system linked to the extension of the Tasiast mine is completed to assess its potential impacts on the OUV of the property, and submitted to the World Heritage Centre prior to making any decisions that would be difficult to reverse, in accordance with Paragraph 172 of the Operational Guidelines;
8. Appreciates the fact that no oil or mining exploration permits were attributed within the property, but also expresses concern about potential impacts if any of the on-going exploration projects lead to exploitation, in particular, in oil blocks close to the property where exploratory drilling is going forward in 2014;
9. Also welcomes the initiative to conduct a “Territorial Diagnostic” in order to assess the cumulative impacts of the different planned development projects on the property, and further requests the State Party to develop on the basis of this study a strategic vision for the development of the region which ensures the conservation of the OUV of the property;
10. Requests furthermore the State Party to implement all other recommendations of the 2014 joint World Heritage Centre/IUCN reactive monitoring mission and take them into account in the development of the new management plan, in particular:
    1. Ensure the sustainability of the fishing surveillance system, maintain the restrictions on fishing foreseen in the law and develop an agreement with all stakeholders to limit the catch of threatened fish species, in particular rays and sharks,
    2. Create a residence permit system to ensure that fishing rights are restricted to the local population, as well as to ensure that no new villages develop in the park,
    3. Update urgently the emergency MARPOL plan to ensure that an operational system is in place to address a potential oil spill,
    4. Submit to the International Maritime Organization the request to designate Banc d’Arguin region as a Particularly Sensitive Sea Area,
    5. Put in place a system of shared governance involving all stakeholders, including reviving the Board of the Park, its Scientific Council and the participatory management process and reinforcing its cooperation with its technical and financial partners,
    6. Link the funding for the property from the trust fund to the management effectiveness of the site and the conservation of its OUV;
11. Requests moreover the State Party to submit to the World Heritage Centre, by 1 December 2015, an updated report, including a 1-page executive summary, on the state of conservation of the property and the implementation of the recommendations of the mission, for examination by the World Heritage Committee at its 40th session in 2016.

The World Heritage Committee,

1. Having examined Document WHC-14/38.COM/7B.Add,
2. Recalling Decision 28 COM 15B.11, adopted at its 28th session (Suzhou, 2004),
3. Welcomes the reported success of anti-poaching measures as indicated by two recent years of zero rhino poaching (2011 and 2013), as well as the reported strong community support for the conservation of the property;
4. Notes with concern the reported plans for the East-West Electric Railroad and the Tarai Hulaki Highway crossing the property and that construction of bridges related to the highway project is reported to have started in the buffer zone of the national park, and considers that these projects, if implemented as planned through the property, would represent a clear potential dangerto the Outstanding Universal Value (OUV) of the property, including through habitat fragmentation, wildlife disturbance and an increased risk of poaching and other illegal activities;
5. Notes with appreciation the advice sought by the State Party’s consultants on the application of IUCN’s World Heritage Advice Note on Environmental Assessment;
6. Requests the State Party to ensure that Environmental Impact Assessments (EIA) for both projects are completed in conformity with IUCN’s Advice Note, including an assessment of cumulative impacts and alternative alignments that do not cross the property, and also requests the State Party to submit these EIAs and further details on the proposed projects to the World Heritage Centre, in accordance with Paragraph 172 of the Operational Guidelines ;
7. Further requests the State Party to put on hold any construction of infrastructure that could preclude the viability of alternative alignments that would avoid the property, until the EIA processes for both projects have been completed;
8. Requests furthermore the State Party to submit to the World Heritage Centre, by 1 February 2015, a report, including a 1-page executive summary, on the state of conservation of the property, on the status of the above infrastructure projects, and on the implementation of the above, for examination by the World Heritage Committee at its 39th session in 2015.

The World Heritage Committee,

1.  Having examined Document WHC-12/36.COM/7B.Add,

2.  Recalling Decision 35 COM 7B.10, adopted at its 35th session (UNESCO, 2011),

3.  Welcomes the initial positive results of the Reef Plan and associated measures to address major long-term impacts on the property from poor water quality, and requests the State Party, in collaboration with its partners, to maintain, and increase where necessary financial investment and sustain the positive trend beyond 2013;

4.  Takes note of the findings of the joint World Heritage Centre/IUCN reactive monitoring mission to the property undertaken in March 2012, and also requests the State Party to address the mission recommendations in its future protection and management of the property;

5.  Notes with great concern the potentially significant impact on the property’s Outstanding Universal Value resulting from the unprecedented scale of coastal development currently being proposed within and affecting the property, and further requests the State Party to not permit any new port development or associated infrastructure outside of the existing and long-established major port areas within or adjoining the property, and to ensure that development is not permitted if it would impact individually or cumulatively on the Outstanding Universal Value of the property;

6.  Requests furthermore the State Party to complete the Strategic Assessment and resulting long-term plan for the sustainable development of the property for consideration by the World Heritage Committee at its 39th session in 2015, and to ensure that the assessment and long-term plan are completed against a number of defined criteria for success, fully address direct, indirect and cumulative impacts on the reef and lead to concrete measures to ensure the overall conservation of the Outstanding Universal Value of the property; 

7.  Urges the State Party to establish the Outstanding Universal Value of the property as a clearly defined and central element within the protection and management system for the property, and to include an explicit assessment of Outstanding Universal Value within future Great Barrier Reef Outlook Reports;

8.  Recommends the State Party, in collaboration with its partners, to sustain and increase its efforts and available resources to conserve the property, and to develop and adopt clearly defined and scientifically justified targets for improving its state of conservation and enhancing its resilience, and ensure that plans, policies and development proposals affecting the property demonstrate a positive contribution to the achievement of those targets, and an overall net benefit to the protection of Outstanding Universal Value;

9.  Requests moreover the State Party to undertake an independent review of the management arrangements for Gladstone Harbour, that will result in the optimization of port development and operation in Gladstone Harbour and on Curtis Island, consistent with the highest internationally recognized standards for best practice commensurate with iconic World Heritage status;

10. Finally requests the State Party to submit to the World Heritage Centre, by 1 February 2013, an updated report on the state of conservation of the property, including on the implementation of actions outlined above and in the mission report, for consideration by the World Heritage Committee at its 37th session in 2013, with a view to consider, in the absence of substantial progress, the possible inscription of the property on the List of World Heritage in Danger;

11. Decides to also consider a further report from the State Party on the state of conservation of the property, the findings of the second Great Barrier Reef Outlook Report, and the anticipated outcomes of the completed Strategic Environmental Assessment and related long term plan for sustainable development at is 39th session in 2015.