Liaison with environmental Authorities in UK, Northern Irel

1

• Environmental Protection Agencys
• Role as an
• Environmental Authority in the
• SEA Process in Ireland Experience to date
• IAIA SEA Conference
• Prague 26-29 September 2005
• Tadhg OMahony, Gerry Byrne, EPA
• Alison Donnelly - EPA/ Trinity College Dublin-
  SEA Research Fellow

Strategic Environmental Assessment
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Outline of Presentation

• EPA- Environmental Authority
• EPA role in Screening
• Screening Experience to date
• Screening Issues
• EPA role in Scoping
• Scoping Issues
• Transboundary Consultations
• Key EPA SEA Actions
• The Challenges The Way Forward

3
SEA Directive

• Directive 2001/42/EC of 27 June 2001 on the
  assessment of the effects of certain plans and
  programmes on the environment.
  

4
Designation of EnvironmentalAuthorities

• Required by Article 6(3) of the SEA Directive
• Member states shall designate the authorities
  to be consulted which, by reason of their
  specific environmental responsibilities, are
  likely to be concerned by the environmental
  effects of implementing plans and programmes.

5
Designation of Environmental Authorities

• The SEA Regulations 2004 have designated the
  Environmental Protection Agency
  
• as an Environmental Authority
• as required by
• Article 6(3) of the SEA Directive

6
Sectors Subject to SEA Requirements of the Dire
ctive

• TranSport
• WaTer
• TouRism
• PlAnning
• 
  WasTe
  
• 
  FishEries
  
• 
  EnerGy
  
• 
  Industry
  
• 
  TeleCommunications
  
• 
  ForEstry
  
• 
  Agriculture
  

7
Key Stages for EPA Input in SEA

• Screening
• Scoping
• Environmental Report
• Monitoring

8
Screening in SEA

• Determination of the likelihood of a particular
  Plan to have significant environmental effects
  and thus be subject to the requirements of the
  SEA Directive /Regulations.
• e.g. Development Plans/ Local Area Plans with
  population
  
• This relates to Plans other than those for which
  SEA is mandatory e.g. County Development Plans,
  National Hazardous Waste Management Plan Agency
  responsibility, RegionalWaste Management Plans
  etc.

9
Role of EnvironmentalAuthorities - Screening

• EPA Role in Screening
• EPA must be consulted in determining the types of
  Plans which require SEA
  
• In Screening The Criteria for determining the
  likely significance of environmental effects of
  the proposed Plan as set out in Schedule 2A of
  SEA Regulations 2004 need to be taken into
  account

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Screening Requirements Plan Maker

• Responsibility of Plan maker to make a
  determination on requirement for SEA
  
• Two copies of Formal Screening Request need to be
  forwarded to named contact in Guidelines
  
• Screening Request should inlcude
• Plan making authoritys assessment of the
  Criteria under Schedule 2A of the SEA Regulations
  
  
• Relevant background material
• Details of geographical location etc.
• Minimum Timescale for Response to Screening
• Request Development Plan 3- 4 Weeks

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EPA INPUT - SCREENING

• For case by case examinations of the requirement
  for SEA the EPA may provide an informed opinion
  on the likelihood of the Plan to have significant
  effects
• In Screening the EPA will take into account
• the State of the Environment Report,
• EPA GIS Search Tool See demonstration
• ongoing Environmental Monitoring Programmes,
• the sensitivity of the various aspects of the
  environment in question and in-house expertise
  
• SEA Significance Criteria set out in Annex II -
  SEA Directive /Schedule 2A SEA Regulations

12
EXPERIENCE TO DATE - SCREENING

• 92 Screening Requests received to date by EPA
• All for Land Use Plans
• Predominantly Local Area Plan preparation and
  variations to County Devlopment Plans including
  Re-Zoning
  
• 25 Different local authorities
• 80 Screening Requests received in 2005 to date
• 7 Pre-Screening Meetings in 2005
• All requests are responded to either by
  telephone, e-mail, written correspondence
  
• 6 responses to date where potential for
  significant effects highlighted
  
• To date 12 SEAs commenced-
• Two Environmental Reports issued
• One SEA Statement Issued

13
EPA Screening Issues

• Some Screening Issues/Challenges
• Many Screening Requests for minor changes in land
  use zoning e.g. amendments to plans, variations
  etc.
  
• Several Screening requests for similar proposals
  - individually not significant ,cumulativley
  likely
  
• Many Screening requests relate to Projects
  EIA
  
• Timescale for responses 3- 4 weeks from date on
  notice!
  
• Schedule 2A Criteria Assessment not inlcuded
• Site location/context plan not included
• Further information requested
• GIS Search Tool excellent tool - ongoing
  development
  

14
EPA Screening Issues

• Some Screening Issues/Challenges ctd.
• Possibility that some competent authorities not
  submitting Screening requests who polices
  compliance? Legal Challenge
  
• Reluctance of Plan makers to make a decision that
  plan likely to have significant effects on the
  environment
  
• Some Plan makers inclined to rely on the opinion
  of the EPA and the other environmental
  authorities
  
• Other than Landuse Planning and Pilot SEA fro
  Waste Management Plan-no other sectors have
  submitted Screening/Scoping Requests
  
• Recent discussions reFlood Protection Strategy
• Policing of Plans etc. which do not comply with
  SEA Regulations
  

15
EPA Screening Issues

• Some Screening Issues/Challenges ctd.
• Tracking of Screening Requests
• Consistency of Screening Responses
• Notification by competent authority where SEA not
  undertaken following Screening
  
• SEA Statement following adoption of
  Plan/Programme
  
• Non- acceptance by Decision makers of
  Recommendatins in SEA
  
• Resources
• Capacity Building
• SEA Website development and links
• Lack of knowledge and experience in SEA
• Sharing knowledge and experience in SEA

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EPA Draft Customer Charter SEA

• Screening
• EPA will normally respond within the statutory
  time period (minimum 4 weeks or 3 weeks in the
  case of a proposed variation of a development
  plan) with a submission or observation on the
  likely significant effects on the environment of
  a Plan/Programme based on EPA opinion at time of
  consultation. This response may be by way of
  letter, e-mail or voice communication at our
  discretion.
•  
• In complex cases, EPA may seek to agree a later
  date by consultation with the competent
  authority.
  
•  
• Exceptionally, where higher risk Plan/Programme
  take up available resource, no response may be
  made.
  

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Scoping in SEA

• Determination of the
• range of environmental issues to be addressed and
  the
  
• level of detail to which they should be
• assessed in the
• Environmental Report
• in
• consultation
• with the prescribed environmental authorities

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Role of EnvironmentalAuthorities - Scoping

• EPA Role in Scoping
• EPA must be consulted when deciding on the scope
  and level of detail of the information which must
  be included in the Environmental Report
  
• Schedule 2B SEA Regulations sets out the
  information to be included in the Environmental
  Report
  

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Scoping Requirements-Plan Maker

• Responsibility of Plan maker to undertake
  Scoping
  
• Scoping Request needs to be forwarded to named
  contact in Guidelines along with relevant
  information including map to advise EPA on
  geographic context of Proposed Plan, outline
  objectives of the plan and predicted likely
  significant environmental impacts
• Output of Scoping Exercise- Scoping Report
• Schedule 2B SEA Regulations Information to be
  contained in an Environmental Report
  
• Submissions/Recommendations from environmental
  authorities to Scoping Request
  

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EPA INPUT - SCOPING

• Identify KEY ISSUES to be considered in the SEA
  process
  
• May Suggest
• Possible environmental objectives
• Critical environmental assets
• Key indicators and related Targets
• Appropriate Monitoring requirements during
  implementation of plan
  
• Where practical make relevant environmental
  quality datasets and information available to
  Plan makers in a usable form
  
• Promote the Use of GIS to facilitate making
  available environmental data and constraints to
  Plan makers,
  
• environmental authorities and the public

21
EPA EXPERIENCE - SCOPING

• To date 15 Land Use Plans have been assessed to
  be likely to give rise to Significant Effects
  
• 7 by EPA
• 8 by Local Authoirty
• SEA Process has commenced for 13 of these
• 9 SEA Scoping Meetings held to date.
• Pilot SEA Midlands Waste Management Plan
  -Environmental Report under Review
  
• 2 Environmental Reports for SEA of Variation to
  Plan submitted to date.
  

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EPA EXPERIENCE - SCOPING

• Lack of experience in SEA process though
  experience is being shared between authorities
  
• Need to Review Quality and Compliance of SEA
  Reports
  
• Need to Promote and Encourage Best Practice
• Need to engage in the SEA Process at the same
  time as the commencement of the Plan making
  process
  
• In time - SEA will become part of the plan making
  process and will commence early on in the plan
  making process
  
• Need for Capacity Building Plan /Programme
  makers and Practitioners
  
• Still only ijnfirst quarter ofin second year of
  implementation of SEA Directive/ Regs
  
• EPA SEA Webpage and associated links - excellent
  resource for Plan makers
  
• Consideration of Options in SEA

23
EPA INPUT Environmental Report

• Comment on Environmental Report
• The Draft Plan and the associated Environmental
  Report required the SEA Regulations shall be made
  available to the specified environmental
  authorities and also the public.
• The environmental authorities and public are
  required to be given an early and effective
  opportunity within appropriate timescales to
  comment on the Draft Plan and the associated
  Environmental Report

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EPA INPUT - Environmental Report

• Review SEA -Environmental Report in the context
  of
  
• Issues raised in EPA Response to Scoping Request
  
  
• Likely significant impacts of the implementation
  of the Plan.
  
• Review how significant effects have been taken
  into account in the Draft Plan.
  
• Review overall quality of SEA Report against
  information specified in Annex I of SEA Directive
  /Schedule 2B of the SEA Regulations
  
• Review proposed programme to monitor the effects
  of implementation of Plan
  

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Role of EnvironmentalAuthorities ctd

• Transboundary Consultation
• Article 7 - SEA Directive/
• Article 7(1)
• Where implementation of a Plan /Programme is
  likely to have significant effects on the
  environment in another Member State a copy of the
  draft plan or programme and the relevant
  environmental report shall be forwarded to the
  relevant Member States

26
Role of EnvironmentalAuthorities ctd

• Transboundary Consultation Actions
• Linked with Northern Ireland Environmental
  Authority
  
• Included Team of 4 Key SEA Contacts in SEA
  Training/Workshop 24/25 February for Irish Env
  Authorities
  
• Ongoing liaison with English, Scottish and Welsh
  authorities
  
• Areas of Particular Relevance
• WFD - River Basin Management Plans
• Waste Management Plans
• National Hazardous Waste Management Plan
• Transport Plans etc ,Energy Plans
• Offshore developments
• Meeting planned for November 2005 for SEA Env
  Authorities to include Northern Irish, Scottish,
  Welsh and English representatives
  

27
Role of EnvironmentalAuthorities ctd

• Transboundary Consultation Issues
• Compatability of Environmental Datasets
• Compatability of Indicators
• Application of SEA- SCREENING
• Notification of Plans likely to impact on other
  member states
  
• Timing of this notification
• Procedures for dealing with transboundary
  impacts- key contacts/ public consultation
  
• Possible need for Guidance
• Ongoing links with statutory environmental
  authorities Ireland, Northern Ireland, Scotland,
  England and Wales.
  

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EPA INPUT- IMPLEMENTATION

• Make available relevant environmental quality
  data (possibly via GIS) to Plan makers during
  monitoring of the significant effects of the
  implementation of the Plan /Programme
• Ensure that feedback/trends from monitoring
  programmes for Key Environmental Indicators is
  taken into account during subsequent plan
  development

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SEA Monitoring Requirement

• Article 10 of the SEA Directive
• 1.Member states shall monitor the significant
  effects of the implementation of plans and
  programmes in order, inter alia, to identify at
  an early stage unforeseen adverse effects, and to
  be able to undertake appropriate remedial
  action
• It is in complying with this requirement that
  Indicators can and will, if selected carefully
  and in accordance with appropriate selection
  criteria, play an important role in monitoring
  effectively the significant effects of plans and
  programmes
• 2. Existing monitoring arrangements may be used
  if appropriate, with a view to avoiding
  duplication of monitoring

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EPA SEA RELATED ACTIONS

• EPA Centre of Excellence
• Reviewing Environmental Monitoring Datasets
  to facilitate the provision of relevant data for
  specific geographical regions to Plan makers -
  currently Team of Research Fellows/ SEA Reasearch
  Fellow working in this area
• State of the Environmental Report
• Most recent report now published and is now
  available in a modular basis for different
  aspects of Environmental Quality and Industrial
  Sectors via the EPA Website www.epa.ie
• Liaison with key personnel in Proposed
  Environmental Authorities
  
• Department of Environment, Heritage and Local
  Government
  
• Department of Communications, Marine and Natural
  Resources

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State of the Environment Report

• State of the Environment Report
• Most recent Launched 12 April 2004
• Produced every four years
• Multi Sectoral /Organisational Working Groups
  Contributors
  
• Provides description of current status and
  pressures and impacts facing various
  Environmental Media - air, water, natural
  heritage and biodiversity etc.
• Description of different Sectors their status
  and the impact of these sectors on the
  environment - Transport ,Industry, Waste,
  Energy, Forestry, Agriculture etc.
• Identification of key Environmental Issues for
  different environmental media and various
  Sectors
  
• Available on EPA WEBSITE-www.epa.ie

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State of the Environment Report

• State of the Environment Report 2004
• Irelands Environment
• Key issues
• Eutrophication of Inland and Coastal Waters
• Waste and Material Flow
• Climate Change and Greenhouse Gases
• Acidifying Gases
• Environment and Human Health
• Protection of Natural Resources
• Chemical and GMOs
• Irelands Environment The Key Challenges
  Conference- 11 Nov 2004
  
• Water quality, air emissions and managing waste
  
  
• are the three primary environmental challenges
• facing Ireland..

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EPA Preparation for new role

• Liaison with proposed Environmental Authorities
  for SEA
  
• Liaison with national practitioners in EIA/SEA
• Liaison with Planning Authorities
• Liaison with environmental Authorities in UK,
  Northern Ireland, Europe, International
  
• Establishment of national Environmental Authority
  SEA Forum
  
• Participation in SEA Working Groups -IAIA
• Communication with research Bodies EIA Centre
  Manchester, Transport Research Laboratory etc.
  
• COST 350 SEA and Transport
• EU Commission
• Environment Canada
• UNEP
• Dutch EIA Commission etc.

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Key EPA SEA Actions 2005

• Ongoing Development of SEA Web Page. The EPA SEA
  WebPage was recently officially launched and
  generated much interest in the media
  
• Ongoing analysis of existing environmental
  quality datasets with a view to making available
  to Plan makers
  
• Liaison with Plan makers on SEA requirements for
  Plans and Programmes
  
• Ongoing development of SEA GIS Search Tool. This
  to be provided on a trial basis to Planning
  Authorities during 2006
  

35
KEY EPA SEA ACTIONS-SEA Research Fellow

• SEA Research Fellow to work on SEA
• Dr. Alison Donnelly commenced two year contract
  with EPA 04 October 2004 This Fellowship is
  linked to Dept. of Botany Trinity College Dublin
  
• Key Activities
• Establish Inventory of Environmental Datasets
  Identify Data Gaps
  
• Development of Systems for dissemination of
  environmental monitoring data and trends e.g.
  GIS
  
• Establish Indicators of Environmental Quality for
  use in SEA
  
• Initial focus Sectors Waste Management,Water
  Management and Planning
  
• Environmental Media- Water, Air, Climate Change ,
  Biodiversity
  
• Indicator Workshop No.1 15/16 June 2005
• Indicator Workshop No. 2 November 2005

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(No Transcript)
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All designated sites

• www.heritagedata.ie
• Conservation of plants/animals
• Finer resolution

38
Agency SEA Webpage

• Some Key Characteristics
• Links to
• State of the Environment Sections/ Sectors
• SEA Customer Charter
• National and International SEA Guidelines
• General and Sector Specific Guidelines
• European and International Organisations
• Best Practice Case Studies
• National, UK, EU Environmental Indicators
• Environmental Quality Data
• Existing On line SEA Training
• See www.epa.ie

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KEY EPA SEA ACTIONS

• Facilitated and funded the undertaking of Pilot
  SEA for Waste Management Plan following SEA
  Methodology
  
• Presentations to Planning Authorities April 2006
  All Plannng Authorites to have been met
  
• Holding of SEA Seminar May 2004 follow up SEA
  Seminar in association with Department of
  Environment planned for May 2006
  
• Presentations to Third Level Institutes and
  Professional Bodies on SEA
  
• Ongoing Review our experiences in the SEA Process
  and International Best Practice in SEA
  
• SEA of Review of National Hazardous Waste
  Management Plan
  
• due to commence Nov/ Dec 2005

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EPA Publications -INDICATORS

• Environment in Focus 2002 Key Environmental
  Indicators for Ireland (EPA 2002) - for update
  2005
  
• Rural Environmental Indicators A Discussion
  Document on Key Indicators in Ireland (EPA
  2002)
  
• Indicators for Transport and the Environment in
  Ireland a Discussion Document on Key Indicators
  for Ireland (EPA 2000)
  
• Climate Change Indicators for Ireland (EPA 2002)
  - ERTDI Report Series No.2
  
• Development of Strategic Environmental
  Assessment(SEA)
  
• Methodologies for Plans and Programmes In Ireland
  
  
• Synthesis Report -ERTDI Report Series No. 18
  prepared by ERM.
  

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The Challenges The Way Forward

• Share resources between Plan Making Authorities
• Develop SEA Fora within and between Planning
  Authorities
  
• Review the SEA process and learn from experience
• Engage in the SEA process as early as possible in
  the Plan preparation process -Screening, Scoping,
  Consultation
  
• Comply fully with the requirements of the SEA
  Directive
  
• Expand on existing experience in EIA and
  Planning
  
• Test and update as necessary SEA Methodology/
  Guidance
  
• Ensure those involved in implementing/preparing
  the Plan are actively involved in the SEA
  Process
  
• Assign appropriate resources at key Stagesto the
  SEA process
  
• Assign responsibility for applying the SEA
  process to key team members
  

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The Challenge The Way Forward

• Strategic Planning Project level impacts will
  be addressed under EIA.
  
• Investigation of all reasonable options for
  achieving objectives
  
• Identification of what aspects of the environment
  are likely to be significantly impacted upon
  
• Provision of relevant information on the likely
  significant impacts of plans and programmes,
  through SEA process, in a timely manner to the
  relevant decision makers
• Selection of suitable and appropriate Indicators
  for use in
  
• monitoring the significant effects of
  implementation of Plans
  
• and Programmes
• Education of Decision Makers and the Public on
  SEA
  
• Engaging Stakeholders early on in the SEA
  Process
  
• Promote SEA to Plan makers in all 11 Sectors

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Overall EPA Role in SEA

• What the EPA Needs To Do!
• Provide timely input at relevant key stages in
  the SEA process to ensure the Agency fulfils its
  responsibilities as an environmental authority in
  accordance with the SEA Directive/ Regulations
• Provide relevant monitoring datasets to plan
  makers at key stages in the SEA process including
  the Implementation Stage
  
• Ensure that Plans take into account and deliver
  a high level of protection of the environment
  
• Promote Best Practice in SEA
• Promote sustainable development
• Promote SEA as a significant tool in
• protecting the environment.

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EPA Contact SEA Process

• Tadhg O' Mahony
• Office of Licensing and Guidance
• Environmental Protection Agency
• Regional Inspectorate
• Inniscarra
• Co.Cork
• Ireland
• Tel [phone]
• Fax [phone]
• email t.omahony_at_epa.ie
• EPA WEBSITE Address
• www.epa.ie