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ANNEX H Strategic Environmental Assessment ( SEA)
Strategic Environmental Assessment ( SEA) is a systematic process for assessing the likely significant environment effects of public sector strategies, plans and programmes.
In Scotland SEA is provided for by:
Environmental Assessment (Scotland) Act 2005
This legislation is relevant for those strategies, plans or programmes where the first formal preparatory act was taken on or after the date the Environmental Assessment (Scotland) Act 2005 was brought into force. The Act extends the provisions SEA in line with a commitment made in the Partnership Agreement.
Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004
This legislation may still be relevant to those qualifying plans and programmes whose first formal preparatory act was taken prior to 20 February 2006, when the Environmental Assessment (Scotland) Act 2005 was brought into force. The Regulations transposed European Directive 2001/42/EC
In the UK, SEA is provided for by:-
Environmental Assessment of Plans and Programmes Regulations 2004
The UK Regulations are relevant to those plans and programmes which do not geographically relate solely to Scotland.
There is a wealth of SEA guidance already available to SEA practitioners. This includes:
- Guidance on the Directive 42
- Environmental Assessment (Scotland) Act policy memorandum and explanatory notes 43
- SE Interim Planning Guidance 44
- SE draft templates and guidance notes 45
- Consultation Authorities draft information note 46
- A practical guide to the Strategic Environmental Assessment directive 47
In addition, the Scottish Executive is intending to publish guidance and templates relating to the Environmental Assessment (Scotland) Act 2005 later in 2006. The Executive aims to keep RTPs up to date with progress on SEA and on the publication of new or updated guidance. This Annex provides a brief overview of SEA and how it relates to the process of developing an RTS. It should not be used in place of the detailed guidance available elsewhere.
In Scotland there are three Consultation Authorities; the Scottish Environment Protection Agency ( SEPA), Scottish Natural Heritage ( SNH) and Historic Scotland. The Environmental Assessment (Scotland) Act 2005 provides that a Responsible Authority has a statutory obligation to consult the Consultation Authorities at the following SEA stages:- screening; scoping; and Environmental Report. The Consultation Authorities have a statutory obligation to respond to screening requests within 28 days and scoping requests within 35 days. Further guidance on the roles and responsibilities of the Consultation Authorities is available on the Consultation Authorities draft information note (see previous page).
As part of the Scottish Executive's implementation of SEA, to alleviate some of the administrative onus on the Responsible Authorities the Executive has established the SEA Gateway as a means to support the SEA process. The SEA Gateway is unique to Scotland and offers Responsible Authorities a single point of contact, where reports and statements for the formal reporting stages can be deposited, for the Consultation Authorities to consider. The Gateway will then co-ordinate the Consultation Authorities' responses and issue the responses under a single covering letter.
SEA Gateway e-mail address: sea.gateway@scotland.gsi.gov.uk
There are a number of stages involved in undertaking an SEA, which can be combined with the RTS process 48 in order to ensure the assessment is undertaken comprehensively and minimising potential areas for duplication.
Screening | Screening reports are a summary of a Responsible Authority's views on whether a strategy, plan or programme is likely to have significant environmental effects. Responsible Authorities do not have to prepare Screening reports for certain sectors' plans, such as transport, if they set a framework for development, as the environmental effects are already deemed to be significant. |
Baseline data collection | This establishes the environmental characteristics of the area likely to be effected by implementation of the strategy, plan or programme. CAs may hold some of the baseline data required by RA at this stage in the process. A list of known data holders is provided in 'a practical guide to the Strategic Environmental Assessment directive' and will be available in the Scottish SEA guidance due to be published later in the year. |
Scoping | Identification of the scope, level of detail and consultation periods for the Environmental Report. RTPs make scoping submission to CAs who have 35 days in which to respond with their views on these matters. RTPs are asked to make their submissions via the Scottish Executive SEA Gateway. Following receipt of the CAs' views the RTP should advise Scottish Ministers of the proposed consultation period for the CA's and the public. This can be done via the main SEA Gateway. |
Environmental Report ( ER) | An Environmental Report identifies, describes and evaluates the significant environmental effects of implementing a strategy, plan or programme and reasonable alternatives. Typically, the Environmental Report is presented in association with a consultative draft strategy, plan or programme, in a form suitable for public consultation. There are statutory requirements regarding consultation with the CAs and the public on the Environmental Report. RTPs should refer to the Environmental Assessment (Scotland) Act 2005 for further details. In the preparation of the strategy, Responsible Authorities are required to take into account the environmental report and consultation responses. |
Post-adoption procedures | As soon as is reasonably practicable after adoption of the strategy, plan or programme, the Responsible Authority is required to provide an SEA Statement and other specified information to the Consultation Authorities and the public. RTPs should refer to the SEA templates and guidance for further information on these procedures. |
Monitoring | The Responsible Authority is required to monitor the significant environmental effects of the strategy, plan or programme in a manner which enables them to identify any unforeseen adverse effects at an early stage and to enable them to undertake appropriate remedial action. |
The Scoping Report has to provide sufficient information about the scope and level of detail to be outlined within the Environmental Report, in order to allow the CAs to form a view. This has to include a summary of existing environmental characteristics, including known environmental problems within the scope of the strategy and identifies those areas that are likely to be significantly affected by the RTS, and a description of the relationship of the RTS to existing relevant environmental objectives (including those listed in Annex E of this guidance).
The Scottish Executive SEA templates include a generic model for a scoping report that each RTP may opt to follow. However, as there are likely to be at least some common answers to the questions, there may be value in the RTPs collaborating, along with the Scottish Executive and where possible, depending on resources, the CAs.
The Environmental Report should be proportionate to the strategy to which it relates. Regional transport strategies will be part of a hierarchy of documents along with the National Transport Strategy and local transport strategies. Each environmental effect will be best measured and evaluated at a certain level or levels in the hierarchy. Assessment effort should be focused on those environmental factors on which the RTS will have a significant effect.
The Environmental Report should describe the alternative strategies considered (through the 'Options Report'), assessment methods used (primarily STAG) and the results of that assessment insofar as it relates to the environmental issues addressed by SEA:
- biodiversity, flora, fauna, population, human health, soil, water, air, climatic factors, material assets, cultural heritage and landscape, both positive and negative effects.
The Environmental Report should also describe any measures proposed in the chosen strategy that will help to mitigate adverse environmental impacts identified during the development process. For a full description and guidance on the contents of the Environmental Report please refer to the templates and guidance listed above.
The work that the RTP will in any case undertake to arrive at its proposed RTS should provide the bulk of information required for the Environmental Report.
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