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ENVIRONMENTAL ASSESSMENT. SEA Jamie Byfield SEA Technical Officer. HRA & EIA Cara Davidson Policy Manager. Environmental Assessment. Levels of Environmental Assessment: Strategic Environmental Assessment ( SEA ) Habitats Regulations Assessments ( HRA )
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ENVIRONMENTAL ASSESSMENT SEA Jamie Byfield SEA Technical Officer HRA & EIA Cara Davidson Policy Manager
Environmental Assessment Levels of Environmental Assessment: • Strategic Environmental Assessment (SEA) • Habitats Regulations Assessments (HRA) • Environmental Impact Assessment (EIA)
What are the benefits of SEA • Greater consideration of the environment • Enhanced consultation process (Aarhus Convention) • More transparency in decision making – consideration of reasonable alternatives • Fewer unforeseen environmental impacts
The 2005 Act Legislation Environmental Assessment (Scotland) Act 2005 Covers Scotland only* Came into force 20 February 2006 Driver ‘A Partnership for a better Scotland’ Scope AllScottish publicstrategies, plans and programmes (includes policies) * Plans that cover more than just Scotland have to use ‘The Environmental Assessment of Plans and Programmes Regulations 2004’ – UK Regulations.
Are there any exemptions? Plans which deal with: • National defence or civil emergencies • Financial and budgetary plans • Single schools
What does the EAT do? • Operate the SEA Gateway • Provide advice and guidance on SEA • Organise an annual SEA Forum • Publish the SEA Toolkit • Undertake SEA of a wide range of Scottish Government plans (e.g. NPF3, Offshore Renewables, Seaweed Policy, Radioactive Waste, amongst others)
Functions of the SEA Gateway • Managed by William Carlin and Johnathan Whittlestone • Provide advice and guidance on SEA • Liaison between the Scottish Government and the Consultation Authorities (SNH, SEPA and Historic Scotland) • Co-ordinate consultations between Responsible Authorities and the Consultation Authorities • Undertake Scottish Ministers’ SEA functions • Produce guidance, including an SEA Toolkit and the basic introduction to SEA (currently being revised)
The principal stages within SEA • Pre-Screening • Screening • Scoping • Environmental Report • Consultation • Post adoption
Pre-Screening • Only applies to Section 5(4) plans • Is for those plans with no or minimal environmental effects • Register with the Consultation Authorities via the SEA Gateway
Screening • Opportunity to seek the views of the Consultation Authorities on likely effects on the environment • Scottish Ministers can make determination if the Responsible Authority and Consultation Authorities cannot agree • Screening determination is advertised • Not all plans need to take this route and some can go straight to scoping
Scoping • First proper stage of the assessment • Outlines the level of detail the Responsible Authority proposes to include in the Environmental Report • Sets the environmental context for the plan • Provides the environmental characteristics of those areas that are likely to be significantly affected
Only open to Section 5(4) plans Section 5(3) plans within this range may go straight to scoping Section 5(3) and all Section 5(4) plans Spectrum of environmental effects Pre- screening Screening Scoping No or minimal environmental effects Uncertain environmental effects significantenvironmental effects
Environmental report • The main output of the assessment – the medium for reporting the findings of an Strategic Environmental Assessment • Outlines the assessment of environmental effects, the proposed mitigation measures, the consideration and assessment of alternatives, and proposed monitoring • Is issued for public consultation alongside the plan (Consultation authorities and other interested parties)
Consultation • Involves the analysis of responses to the consultation • Often significant overlap between responses to the plan and the environmental report • Important to consider all views and responses, and that any changes made in finalisation of the plan are recorded
Post adoption • Once the plan is adopted an SEA post adoption statement has to be produced • This statement outlines how the views expressed at the consultation stage have been taken into account in the plan development (from the public, the Consultation Authorities and other stakeholders) • Confirms proposed monitoring and closes the circle on the SEA, whilst also feeding into future revision of the plan (if applicable)
What is HRA? HRA and development plans SG: EA team priorities 2013/14 Introduction
Stems from EC Habitats Directive Protection for 393 Natura Sites 153 Special Protection Areas 240 Special Areas of Conservation What is HRA?
Habitats Regulations Appraisal Stage 1 Screening Stage 2 Appropriate Assessment Stages 3 & 4 [ Alternative Solutions / IROPI ]
Screening Apply mitigation Likely significant effect No likely Significant effect Appropriate Assessment Apply mitigation Adverse effect / uncertain No adverse effect Proceed to Adopt Plan
HRA and Development Plans • Direct / indirect effects caused by type, magnitude, location or timing of development; • Combined or cumulative effects of proposals; • Blocking alternative options. ……..Avoiding ‘faulty planning’
SG:Priorities • Supporting efficient and effective practice • Firth of Forth Collaboration • New HRA Forum for development plans • HRA advice sheets
Introduction • What is EIA? • SG: EA team priorities 2013/14 • Communication & information
What is EIA? • Project level environmental assessment • Implemented in Scotland through a range of legislation relevant to different consenting regimes… • Town and Country Planning is the largest (by volume) of the Scottish EIA regimes.
Environmental Assessment Team:EIA priorities • Clarifying EIA procedure in Scotland (2011) • Supporting more efficient and effective EIA • Engaging with Europe: Changes to EIA Directive
Efficient and Effective EIA • PAN 1/2013 (replaces PAN 58 (EIA)) • EIA Forum for Planning Authorities • Practical tools (checklists etc.)
Engaging with Europe • EC Review of EIA Directive (2010) • EC Impact Assessment (2011) • EC Proposed changes (2012) • Negotiations underway (2013)