Strategic Environmental Assessment (SEA) Law

1. Strategic Environmental Assessment (SEA) Law Agricultural Research Institute 20 February 2009 Joanna Constantinidou, Environment Service Strategic Environmental Assessment and Development Plans Process Seminar

2. 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. A guidance booklet prepared by the Environmental Authority represents a useful tool for the interpretation and implementation of the law. www.moa.gov.cy Policies Plans Programmes Projects

3. 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.

4. SEA purpose and objective(article 3) The main purpose of SEA is to ensure the earlyconsideration 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.

5. 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

6. SEA process Consultation / Public Participation Which PPs require SEA Types of issues in SEA report Scoping Information on current status of environment Baseline data Forecast the impacts of alternatives options Alternatives Screening Assessment of identified impacts Assessment Measures to reduce or remove impacts Mitigation Formal document of information SEA report Monitoring the adopted PPs Monitoring

7. 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.

8. 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.

9. 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.

10. 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.

11. SEA Methods Quantitative methods: Cost-benefit analysis (CBA), Multi-criteria analysis (MCA), Computer modelling, Geographic Information Systems (GIS) Qualitative methods: Checklists, Matrices, Workshops, Surveys (Thomas B. Fischer)

12. 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 hearingdecided by theCouncil of Ministers

13. 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.

14. 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

15. SEA versus EIA

16. SEA Applications SEA studies have been carried out since the law come into effect: Establishment of new quarry zone in Paphos district Operational programme for fisheries 2007-2013 Operational programme on sustainable development and competitiveness 2007-2013 Operational programme on agriculture 2007-2013 Revised operational programme on waste water management Hydrocarbons activities in the Exclusive Economic Zone Scientific Technological Park in Limassol Pilot SEA on Larnaca Local Plan for CAMP

17. SEA problems 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

18. SEA benefits 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