Strategic Environmental Assessment (SEA)

1. Rio Declaration 1992

Environmental issues are best handled with the participation of all concerned citizens - opportunity to participate in decision-making processes

national level - each individual shall have appropriate access to information concerning the environment

access to judicial and administrative proceedings

EIA as a national instrument

2. Agenda 21 recommendation - EIA should extend beyond project level to policies and programmes

3. SEA Directive

Applies to a wide range of public plans and programmes (e.g. on land use, transport, energy, waste, agriculture, etc)

The SEA Directive does not refer to policies. ‼

Plans and programmes in the sense of the SEA Directive must be prepared or adopted by an authority (at national, regional or local level) and be required by legislative, regulatory or administrative provisions.

2. SEA Definition

decision aiding procedure

evaluating the likely significant environmental effects of options throughout the policy, plan or programme development process

Should be done at the earliest opportunity

Mandatory for plans/programms

  • for agriculture, forestry, fisheries, energy, industry, transport, waste/ water management, telecommunications, tourism, town & country planning or land use
  • which set the framework for future development consent of projects listed in the EIA Directive.

Does not require plans or programms to be produced. ‼

6. Sustainability Assessment (or "Appraisal of Sustainability")

Evaluate significant environmental effects & promote sustainable development

Process that must be carried out during the preparation of local plans

Role - to promote sustainable development

Aims to assess the extend to which the emerging plan (when judged against alternative options) will help to achieve relevant environmental, economic and social objectives

4. SEA/EIA Tiering

SEA - high level of uncertainty, because of low level of detail. Nature of prediction - qualitative potential/
directional (especially for plans & policies).

EIA - low level of uncertainty due to high level of details. Nature of prediction - quantitative, actual, absolute

Integration of the environment a key principle of EU policy ‼

SEA can help integrate the environment into strategic decision-making ‼

Key objective - to provide for a high level of protection of the environment and to integrate environmental considerations into the preparation and adoption of plans and programmes 🚩

5. SEA Process

4. ❗ Alternatives (what different approaches could be taken?)

5. Mitigation (what can be done to alleviate negative impacts?)

3. Baseline data (establish the environmental baseline)

6. Environmental Report (document process and findings)

2. Scoping (what environmental issues should the SEA address?)

7. Public consultation (consult general public and NGOs)

1. Screening (does the plan or programme require SEA?)

8. Consider SEA findings => decide whether to adopt the plan/programme

  • which have been determined to require an assessment under the Habitats Directive.

9. ❗Monitoring(monitor implementation of plan/programme)

SEA & EIA differences

  1. the SEA requires the environmental authorities to be consulted at the screening stage

2. scoping is obligatory under the SEA

3. the SEA requires an assessment of reasonable alternatives (under the EIA the developer chooses the alternatives to be studied)

5. the SEA obliges Member States to ensure that environmental reports are of a sufficient quality.

4. under the SEA Member States must monitor the significant environmental effects of the implementation of plans/programmes in order to identify unforeseen adverse effects and undertake appropriate remedial action

High Speed 2 (HS2) Case

High-speed railway - construction divided into 3 phases

Government claims that the SEA Directive does not apply because it is not a “plan or programme”, but they did AoS (Appraisal of Sustainability)

No SEA for the whole HS2 strategy. AoS for phase 1 & 2 (should be EIA insted of AoS for both phases)

The correct approach - 1. SEA for the entire HS2 strategy. 2. Overview EIA/ HRA (or programme SEA). 3. EIA/HRA for each
phase. 4. Monitoring over time

7. Hierarchy of Options/Alternatives

How should it be done? Are there technologies or methods that can meet the need with less environmental damage?

Location

Need or demand: is it necessary?

Timing and detailed implementation: When, and in what sequence, should developments be carried out?

Environment Agency environmental capacity/threshold assessment

Environment Agency Options Appraisal

Performance of Options - Multi-criteria ranking

HS2 Judicial Review - Court of Appeal and High Court that the Strategic Environmental Assessment (SEA) Directive did not apply to HS2.

Aarhus Convention (1998)

Based on Principle 10 of Rio Declaration 1992

  • Access to information
  • Public participation in environmental decision-making (for projects, plans and programmes)
  • Access to justice in environmental matters

Implemented in part in the EU through the Public Participation Directive and the SEA Directive