Strategic Environmental Assessment (SEA) and Development

Report
Strategic
Environmental
Assessment
(SEA) Law
Strategic Environmental Assessment and
Development Plans Process Seminar
Agricultural Research Institute
20 February 2009
Joanna Constantinidou, Environment Service
SEA legislation
•The EC Directive 2001/42/EC on SEA has been transposed into the
Cyprus legislation by the Law 102(I)/2005 “Assessment of impacts
on the environment from certain plans and/or programmes (PPs)”.
•The Law came into effect as from 29 July 2005.
•The purpose of the Law is to achieve a high level of protection of
the environment and to integrate environmental issues in the
preparation and before approval of PPs.
•The SEA process is administered only
at national level.
Policies
•A guidance booklet prepared by
the Environmental Authority represents
Plans
a useful tool for the interpretation
and implementation of the law.
Programmes
•www.moa.gov.cy
Projects
SEA terminology
(article 2)
SEA is a systematic process for estimating the environmental
(economic and social) consequences of proposed PPs initiatives
in order to ensure that they are included and addressed at the
earliest stage of decision making.
Plan is a strategy or decision, often with co-ordinated priorities,
options and measures e.g. land use plans.
Programme is an agenda or schedule of commitments,
proposals, instruments and / or activities.
Environmental Authority is the Environment Service.
Competent Authority is public enterprises, authorities
established by law, government services, local authorities or public
organisations.
SEA purpose and objective
(article 3)
•The main purpose of SEA is to ensure the early consideration of
environmental aspects in decisions about PPs.
•It is an integrative tool to support cross-sectoral approaches,
which are needed to achieve long term sustainability objectives.
•SEA plays a determinant role as a facilitator in decision
making to help ensure a broad perspective on how the different
parts may come together.
Legal requirement for PPs
(article 4)
Legal:
•PPs prepared for agriculture, forestry, fisheries, energy, industry,
transport, waste management, water management,
telecommunications, tourism, town and country planning or land
use and which set the framework for future permission of projects
in accordance with the EIA Law 140(I)/2005.
•PPs that are likely have impacts on sites that falls in the special
protection or conservation zone … in accordance with the
relevant laws for the Protection and Management of Nature and
Wild Life and for Wild Birds and Game, e.g. Natura 2000 sites.
No legal:
•National defence or civil emergencies
•Financial or budgets PPs
SEA process
Consultation / Public Participation
Screening
Scoping
Which PPs require SEA
Types of issues in SEA report
Baseline data
Information on current status of environment
Alternatives
Forecast the impacts of alternatives options
Assessment
Assessment of identified impacts
Mitigation
Measures to reduce or remove impacts
SEA report
Formal document of information
Monitoring
Monitoring the adopted PPs
Screening for PPs
(article 5)
Environmental Authority determines (max 30 days) whether PPs
are likely to have significant effect through:
•Case by case
•Types of PPs
•Both approaches.
In all the above cases take into account:
•the criteria set out in annex II
•consultation with the public and relevant authorities (article 14).
The outcome of the Environmental Authority are published in the
governmental journal, 2 daily newspapers, internet and a registry.
In the case where the Environmental Authority decides that the
preparation of an SEA study is not necessary, it asks the opinion
of the Committee, which is taken into consideration for the final
decision.
Development plans
(article 6)
Development Plans (DPs):
•Area schemes
•Local plans
•Countryside policy
•Island plan
There is a legal obligation to assess the impacts on the
environment during the first preparatory act (after 21.7.2004) of
the elaboration of a PPs and before its approval .
During the review of a DP, the consultation and until the
publication, the area under consideration may be defined by the
Council of Ministers as White Zone.
The period of consultation until the publication of the DP is 4
months.
Scoping for PPs
(article 12)
The Competent Authority asks for a written opinion from the
Environmental Authority on the type of the information that shall
be included in the Environmental Report.
The information provided to the Environmental Authority is:
•Description of the nature of PPs
•Map of the area concern
•Any other relevant information.
Environmental Report
(article 15)
The Competent Authority or the consultant who prepares the ER
must include information related to:
•Annex I
•Other relevant information i.e. methods of assessment, level of
details
•Non Technical summary
The Environmental Authority may consult the authorities to decide
the scope and details of the information which must be included in
the ER.
SEA Methods
Quantitative methods: Cost-benefit analysis (CBA), Multicriteria analysis (MCA), Computer modelling, Geographic
Information Systems (GIS)
Qualitative methods: Checklists, Matrices, Workshops,
Surveys
Methods
Plan
Programme
Workshops
↔
↔
Overlay mapping
√
X
Impact matrices
√
↔
MCA
X
√
CBA
X
√
Checklists
↔
√
(Thomas B. Fischer)
Consultation
(article 14)
The environmental report shall be available to the public.
At the time of submission of the SEA study any person can
express opinion to the Environmental Authority within 35 days of
the date of publication of the main details of the study.
The Competent Authority carries out consultations with:
•relevant public organisations, local authorities, government
services, or public organisations with special environmental
competencies.
•Public affected or having an interest in PPs
•public hearing decided by the Council of Ministers
Decision making
(article 20)
The Environmental Authority takes into account the suggestions of
the Committee members and prepares its opinion.
The Competent Authority before making its decision regarding the
PPs takes into consideration the:
•SEA study
•Views expressed the opinion of the Environmental Authority
•Results of any public inquiry
•Results of any consultations with other member states.
If the Competent Authority disagrees with any of the terms
specified by the opinion of the Environmental Authority then the
matter is referred to the Council of Ministers for decision.
The Environmental Authority and the public is informed with the
content of the decision and the associated terms, the PPs as
approved, description of the way of incorporating the opinion’s
terms and the reasonable alternatives examined.
SEA and EIA
SEA derives from EIA methodology:
•Formalized methodology
•Assessment of impacts of specific proposals
•Structured opportunity for feedback to decision makers
SEA is not EIA:
•Best suited to analyze sectoral or regional PPs
•Focus is on big picture, priority concerns, trends: not the sum of
detailed, site specific assessments
•Not a substitute for site-specific EA
•Complementary instruments
•Vertically integrated
SEA versus EIA
SEA
EIA
Assessment
Plans and
Programmes
Projects
Scale
Scope
Macro
Micro
Larger range of
activities on a wider
area
Smaller range of
activities on a local
scale
Baseline
Less details /
qualitative
More details /
quantitative
Alternatives and
cumulative effects
Consultation
Greater emphasis /
integrate
Less emphasis /
specific
Larger range of
individuals
Smaller range of
individuals
SEA Applications
SEA studies have been carried out since the law come into effect:
1. Establishment of new quarry zone in Paphos district
2. Operational programme for fisheries 2007-2013
3. Operational programme on sustainable development and
competitiveness 2007-2013
4. Operational programme on agriculture 2007-2013
5. Revised operational programme on waste water
management
6. Hydrocarbons activities in the Exclusive Economic Zone
7. Scientific Technological Park in Limassol
8. Pilot SEA on Larnaca Local Plan for CAMP
SEA problems
1.
2.
3.
4.
5.
6.
7.
PPs do not have clear boundaries
PPs can have unintended and unpredictable outcomes
Policy making is a political process
Great uncertainty and analytical complexity
Lack of information regarding the nature of future
developments
The size of the area under consideration
The timescale over which analysis is required is uncertain
SEA benefits
1.
2.
3.
4.
5.
6.
7.
8.
Promotes integrated environmental decision-making and
public participation in environmental policy-making
Facilitates design of environmentally sustainable PPs
Provides for consideration of a larger range of alternatives
than in normally possible in project EIA
Takes account of cumulative effects and global change
Strengthens and streamlines project EIA by prior identification
of impacts and information requirements and reducing time
and effort to conduct reviews
Access to more stakeholders through public consultation
A cooperative process between scientists and decision-makers
Improve good governance and public trust

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