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)

Strategic Environmental Assessment (SEA)

Greater consideration of the environment Enhanced consultation process (Aarhus Convention) More transparency in decision making – consideration of reasonable alternatives Fewer unforeseen environmental impacts What are the benefits of SEA

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 All Scottish public strategies, 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

Spectrum of environmental effects Pre- screening ScreeningScoping No or minimal environmental effects significant environmental effects Uncertain environmental effects Only open to Section 5(4) plans Section 5(3) and all Section 5(4) plans Section 5(3) plans within this range may go straight to scoping

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)

Questions?

Habitats Regulations Appraisal (HRA)

Introduction What is HRA? HRA and development plans SG: EA team priorities 2013/14

What is HRA? Stems from EC Habitats Directive Protection for 393 Natura Sites –153 Special Protection Areas –240 Special Areas of Conservation

SEA / EIAHRA Informs decisions on plans / projects Informs but can also determine decisions on plans & projects Precautionary principle used with care as good practice Precautionary principle embedded in process as a matter of law All environmental effects likely to be significant Limited to likely significant effects on interest features of European sites Statutory public consultationDiscretionary public consultation Specified timing scoping and content of an Environmental Report / Statement No duty to report or specification for the record Good understanding & experience, lots examples Less understanding & experience at plan level

Stage 1 Stage 2 Stages 3 & 4 Screening Appropriate Assessment [ Alternative Solutions / IROPI ] Habitats Regulations Appraisal

Screening Appropriate Assessment Proceed to Adopt Plan Adverse effect / uncertain Apply mitigation No adverse effect No likely Significant effect Likely significant effect

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

Environmental Impact Assessment (EIA)

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)

Questions?