Responsible Authority

the owner of the plan, programme or strategy. A body in the public sector but including any person certain of whose functions are functions of a public nature.

Consultation Authority

specialist body with environmental expertise that is to consider plans, programmes and strategies and agree with the responsible authority the need or otherwise for SEA. Currently proposed as the Scottish Environment Protection Agency, Scottish Natural Heritage, and (to include Historic Scotland), the Scottish Ministers. The Directive refers to consultation authorities in Article 6.

Cumulative Effects

the combination of effects which in some cases may not be significant in themselves but which taken together amount to a significant impact. The effects might be several of the same effects, for example too many houses in one place, or be the combination of different types of effect in one area for example one causing noise; another reducing air quality.

ECJ

the European Court of Justice

EC Guidance

detailed guidance on the implementation of the Directive produced by the European Commission in co-operation with the Member States. That guidance runs to some 63 pages and is therefore not included as part of this consultation document. The guidance is, however, available at http://europa.eu.int/comm/environment/eia

Public

the Directive gives a very specific definition of the public but the Executive prefers to set the definition more widely as meaning one or more natural or legal persons and, without prejudice to that generality, includes unincorporated associations (see draft Regulation 2 at Annex A).

Scoping

the stage in the assessment process which seeks to define what the environmental report should cover and how environmental effects should be assessed and presented.

Screening

the stage in the assessment process which determines whether a particular plan or programme, or alteration to one, should be subject to the assessment process.

Strategic Environmental Assessment (SEA)

the process of assessing plans and programmes (and strategies under the Bill) for their environmental impact.

SEA report or Environmental report

a report detailing all the significant positive and negative environmental impacts of a plan. It will be published along with the plan or programme for public comment.

Sustainable Development

development which meets the needs of the present without compromising the ability of future generations to meet their own needs.

SEA: simple illustrative case studies

1. A responsible authority draws up a new plan and, having considered it against a list of environmental criteria, reports to the statutory consultation authorities that it thinks SEA might be needed. The consultation authorities consider the plan (within a fixed time) and agree with the responsible authority that a SEA should be carried out. The responsible authority works with the consultation authorities to scope the extent of the SEA, ensuring that it is proportionate to the nature of the plan and covers all the environmental areas in which a significant impact, positive or negative, might be felt. As soon as possible the plan and SEA report is made available to the public and their comments and suggestions are sought and recorded. SEA demands that alternative approaches are considered and the responsible authority makes its decision taking into account the views expressed during the consultation. After making public its conclusions and reasons for the approach adopted, the responsible authority puts in place monitoring arrangements to track environmental effects for the short and long term.

2. (As above at 1.), but all agree that SEA is not necessary. The responsible authority need take no further action other than to publish the joint decision that SEA is not needed, with the reasons for that decision.

3. (As above a 1.), but the responsible authority and the consultation authorities cannot agree on whether SEA is necessary. The Scottish Ministers would make a determination and the responsible authority would act in accordance with it.