Strategic Environmental Assessment: A Consultation on Proposed Legislative Measures to Introduce Strategic Environmental Assessment in Scotland

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Strategic Environmental Assessment
A Consultation on Proposed Legislative Measures to
Introduce Strategic Environmental Assessment in Scotland

SUMMARY

  2. Strategic environmental assessment (SEA) provides a systematic method of considering the likely effects on the environment of strategies, plans and programmes that set a broad-based context for future development activity. The Scottish Ministers regard it as a vital tool for putting the environment at the heart of public sector activity, ensuring that alternative strategies, plans and programmes are fully and transparently considered before final decisions are taken. It is a key component of sustainable development. The coalition Partnership Agreement, A Partnership for a Better Scotland, has a strong green thread running through it which SEA supports. One of the core environmental commitments the Scottish Executive has made in that Agreement is therefore to legislate to introduce SEA across the range of all new strategies, plans and programmes developed by the public sector in Scotland - going beyond our existing obligation to give effect to the European Directive on the Assessment of Environmental Effects of Certain Plans and Programmes (2001/42/EC) by 21 July 2004.

  4. The legislation described in this consultation document will ensure that all new strategies, plans and programmes developed by the public sector in Scotland take full account of both positive and negative environmental impacts. All parts of the environment will be considered: impacts on water, land, air, biodiversity and human health, as well as on the built and archaeological heritage of Scotland. It will help public authorities to make better policy decisions based on a clear understanding of the environmental consequences, choosing between a range of alternative solutions to ensure that the environmental aims of sustainable development are fully met. A clearer understanding of the environmental impacts at the first stage of the planning process can make the later project stages more efficient, with fewer unforeseen impacts emerging and the cumulative effects of many projects already considered. The proposed legislation also underpins the public's right to know about plans, comment on them, have their comments taken into account and to have the final decision clearly explained. SEA will therefore help to improve public services and deliver better environmental outcomes to the benefit of Scotland as a whole.

  6. This consultation document invites comments by Thursday, 11 March 2004. It is in 5 sections.

  8. Section 1 introduces the consultation. It describes what the Scottish Ministers have decided in respect of the legislative vehicles to be used to introduce mandatory SEA and sets the parameters for the consultation. It defines SEA in broad terms and summarises and compares the key provisions of Directive 2001/42/EC and the wider commitment in A Partnership for a Better Scotland. It summarises the extent of the devolved powers of the Scottish Parliament and Scottish Executive in respect of SEA.

  10. Section 2 summarises the provisions of the Directive and how the Scottish Executive proposes to give effect to its provisions. It highlights specific issues on which the Scottish Executive would welcome views (these are expanded on in section 4).

  12. Section 3 sets out the principles of the proposed Bill and highlights specific issues (detailed in section 4) on which the Scottish Executives invites views.

  14. Section 4 sets out the specific issues on which the Scottish Executive invites views.

  16. For ease of reference, section 5 lists the questions raised in section 4

  18. There are two Annexes:

Annex A - draft Regulations to give effect to the Directive in Scotland

Annex B - the full text of Directive 2001/42/EC

Glossary of terms used in this consultation document

Responsible Authority

the owner of the plan, programme or strategy. A body in the public sector but including any person certain of whose functions are functions of a public nature.

Consultation Authority

specialist body with environmental expertise that is to consider plans, programmes and strategies and agree with the responsible authority the need or otherwise for SEA. Currently proposed as the Scottish Environment Protection Agency, Scottish Natural Heritage, and (to include Historic Scotland), the Scottish Ministers. The Directive refers to consultation authorities in Article 6.

Cumulative Effects

the combination of effects which in some cases may not be significant in themselves but which taken together amount to a significant impact. The effects might be several of the same effects, for example too many houses in one place, or be the combination of different types of effect in one area for example one causing noise; another reducing air quality.

ECJ

the European Court of Justice

EC Guidance

detailed guidance on the implementation of the Directive produced by the European Commission in co-operation with the Member States. That guidance runs to some 63 pages and is therefore not included as part of this consultation document. The guidance is, however, available at http://europa.eu.int/comm/environment/eia

Public

the Directive gives a very specific definition of the public but the Executive prefers to set the definition more widely as meaning one or more natural or legal persons and, without prejudice to that generality, includes unincorporated associations (see draft Regulation 2 at Annex A).

Scoping

the stage in the assessment process which seeks to define what the environmental report should cover and how environmental effects should be assessed and presented.

Screening

the stage in the assessment process which determines whether a particular plan or programme, or alteration to one, should be subject to the assessment process.

Strategic Environmental Assessment (SEA)

the process of assessing plans and programmes (and strategies under the Bill) for their environmental impact.

SEA report or Environmental report

a report detailing all the significant positive and negative environmental impacts of a plan. It will be published along with the plan or programme for public comment.

Sustainable Development

development which meets the needs of the present without compromising the ability of future generations to meet their own needs.

SEA: simple illustrative case studies

1. A responsible authority draws up a new plan and, having considered it against a list of environmental criteria, reports to the statutory consultation authorities that it thinks SEA might be needed. The consultation authorities consider the plan (within a fixed time) and agree with the responsible authority that a SEA should be carried out. The responsible authority works with the consultation authorities to scope the extent of the SEA, ensuring that it is proportionate to the nature of the plan and covers all the environmental areas in which a significant impact, positive or negative, might be felt. As soon as possible the plan and SEA report is made available to the public and their comments and suggestions are sought and recorded. SEA demands that alternative approaches are considered and the responsible authority makes its decision taking into account the views expressed during the consultation. After making public its conclusions and reasons for the approach adopted, the responsible authority puts in place monitoring arrangements to track environmental effects for the short and long term.

2. (As above at 1.), but all agree that SEA is not necessary. The responsible authority need take no further action other than to publish the joint decision that SEA is not needed, with the reasons for that decision.

3. (As above a 1.), but the responsible authority and the consultation authorities cannot agree on whether SEA is necessary. The Scottish Ministers would make a determination and the responsible authority would act in accordance with it.

Page updated: Thursday, May 25, 2006