WORLD TRENDS OF STRATEGIC ENVIONMENTAL ASSESSMENT
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ASSISTANT DIRECTOR OF HONG KONG ENVIRONMENTAL PROTECTION DEPARTMENT FORMER PRESENT OF INTERNATIONAL ASSOCIATION FOR IMPACT ASSESSMENT PowerPoint PPT Presentation


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WORLD TRENDS OF STRATEGIC ENVIONMENTAL ASSESSMENT. By ELVIS AU. ASSISTANT DIRECTOR OF HONG KONG ENVIRONMENTAL PROTECTION DEPARTMENT FORMER PRESENT OF INTERNATIONAL ASSOCIATION FOR IMPACT ASSESSMENT. Outline of Presentation. World trends in the past 10 years;

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ASSISTANT DIRECTOR OF HONG KONG ENVIRONMENTAL PROTECTION DEPARTMENT FORMER PRESENT OF INTERNATIONAL ASSOCIATION FOR IMPACT ASSESSMENT

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Assistant director of hong kong environmental protection department former present of international association for i

WORLD TRENDS OF STRATEGIC ENVIONMENTAL ASSESSMENT

By

ELVIS AU

ASSISTANT DIRECTOR OF HONG KONG

ENVIRONMENTAL PROTECTION DEPARTMENT

FORMER PRESENT OF INTERNATIONAL ASSOCIATION FOR IMPACT ASSESSMENT


Assistant director of hong kong environmental protection department former present of international association for i

Outline of Presentation

  • World trends in the past 10 years;

  • Latest status of implementation of the European Union’s Directive on Strategic Environmental Assessment;

  • Summary of Major Issues and Prospects.


Assistant director of hong kong environmental protection department former present of international association for i

Policies

(Strategies)

Plans

Programmes

Projects

Project EIA

Hierarchy of Proposal and Assessment

Strategic Environmental Assessment


Assistant director of hong kong environmental protection department former present of international association for i

Major SEA Developments and Achievements in the Past Decade

  • Increasing provision and take-up of SEA by countries and international organization;

  • Continued diversification of SEA approaches and applications;

  • New supra-national (EU SEA Directive) and multilateral (Espoo SEA protocol) legal frameworks that define minimum procedural requirements.


Assistant director of hong kong environmental protection department former present of international association for i

NETHERLAND

CANADA

UK

EASTERN

EUROPE

MAINLAND

EUROPE

USA

KOREA

CHINA

JAPAN

AFRICA

SOUTH

AMERICA

AUSTRIA


Assistant director of hong kong environmental protection department former present of international association for i

  • National Environmental Policy Act 1969, U.S.:

  • “….. Proposals for legislation and other major Federal Actions significantly affecting the quality of the human environment…..”

USA


Assistant director of hong kong environmental protection department former present of international association for i

CANADA

  • 1992 Cabinet’s Directive on Assessment of Environmental Effects on Policies and Plans


Assistant director of hong kong environmental protection department former present of international association for i

NETHERLAND

  • EIA of Spatial Plans;

  • 1995 Cabinet’s Directive on Environmental Test (E-test) of Polices and Legislation.


Assistant director of hong kong environmental protection department former present of international association for i

EUROPE

  • EU Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment


Assistant director of hong kong environmental protection department former present of international association for i

CHINA

  • 2003 PRC EIA Law covering landuse and sectoral plans


Assistant director of hong kong environmental protection department former present of international association for i

  • 2000 Basic Environment Plan to consider the framework for environmental considerations in decision-making in polices and plans

  • 2003 SEA Tentative Guidelines

JAPAN


Assistant director of hong kong environmental protection department former present of international association for i

Statues of the Implementation of

EU SEA Directive

  • Status of Implementation

  • By autumn 2004:

  • 9 Member States had implemented the Directive … more or less completely

  • Complete silence from :

    • Greece

    • Spain

    • Luxemburg

  • Italy some time in 2006

EUROPE


Assistant director of hong kong environmental protection department former present of international association for i

Level of

government

Land-use

Plans (SEA)

Category of action and type of assessment (in brackets)

Sectoral and multi-sectoral actions

Plans (SEA)

Programmes (SEA)

Projects (EIA)

Policies (SEA)

National/

Federal

National land use plan

National

transport

policy

Long-term

National roads plan

5-yr road

building

programme

Construction

of motorway

section

National

economic

policy

Regional/ State

Regional

Land-use plan

Regional

strategic plan

Sub-regional

investment

programme

Sub-regional land-use plan

Sub-regional

Local

infrastructure

project

Local

Local land-use plan

Tiering of Policy, Plan, Programme and Project Environmental Assessment

Source: Adapted from Lee and Wood (1978)


Assistant director of hong kong environmental protection department former present of international association for i

US National Environmental Policy Act (NEPA)

  • NEPA : “ … major federal actions significantly affecting quality of the human environment…”; (section 102 [2][c])

  • Council on Environmental Quality Regulations: “Major Federal Actions” to include “projects, programmes, rules, regulations, plans, policies, procedures or legislative proposals”;

  • Not called SEA; but EIS for policies, plans and programmes;

  • e.g. California: several hundred SEAs undertaken for various plans and programmes.


Assistant director of hong kong environmental protection department former present of international association for i

  • Since mid 1970s, EC’s research on environmental assessment of policies, plans and programmes:

“ The environmental assessments appropriate to policies, plans and programmes are of a more strategic nature than those applicable to individual projects and are likely to differ from them in several important respects… We have adopted the term ‘strategic environmental assessment’ (SEA) to describe this type of assessment…”

(Wood & Djeddour , 1989)

The European SEA Directive


Assistant director of hong kong environmental protection department former present of international association for i

New Directive to Improve Public Participation in EIA

Brussels, 20 July 2004

European citizens will from now on be able to have more influence on decisions which will affect their environment. From tomorrow, 21 July 2004, the environmental effects of a wide range of public plans and programmes must be assessed under better and more open planning procedures. These measures are set out in a new European law, the Directive on Strategic Environmental Assessment (SEA), which must be implemented by all Member States tomorrow. Local waste management plans or road building plans for regions are examples that come under the SEA directive. It will also apply to land use, agriculture, water management, tourism, industry and energy. When drawing up relevant plans or programmes public authorities will have to make an environmental report to identify, describe and assess their likely effects on the environment. Amongst the effects to be covered are those on biodiversity, fauna and flora, soil and water, climatic factors, landscape and on human health. The SEA Directive enables everybody to express their opinion on the environmental report and on the draft plan or programme. Both the environmental report and the outcome of the public consultation must be taken into account when the plans are decided upon.


Assistant director of hong kong environmental protection department former present of international association for i

New Directive to Improve Public Participation in EIA

(Continued)

Brussels, 20 July 2004

“The Directive on Strategic Environmental Assessment is a major step towards sustainable development and deepened democracy. Planners of all kinds must take it to heart and apply it consistently. European citizens should be encouraged to get more involved in the discussions and decisions that are vital for their well-being and the future of the environment they live in. However, the benefits of the new law will only be achieved if all Member States implement it. Up to now only nine Member states have done so, and I therefore ask the others to do their homework and transpose the Directive into national law.”

Environment Commissioner Margot Wallström


Assistant director of hong kong environmental protection department former present of international association for i

Key Features of European SEA Directive

  • Does not mention SEA by name;

  • Requires SEA for all land use plans establishing framework for future development consent of EIA directive projects (Article 3 [2][a]);

  • Covers SEA for plans requiring assessment under Habitats Directive (Article 3[2][b]);


Assistant director of hong kong environmental protection department former present of international association for i

Key Features of European SEA Directive

  • Excludes minor modifications to existing plans and small area plans not having significant environmental effects (Article 3[3]);

  • Recognizes the concept of tiering: members states must ‘take into account the fact that the assessment will be carried out … at different levels of the hierarchy’ (Article 4[3]);

  • Establishes a scoping stage that requires authorities undertaking SEA to consult appropriate bodies on scope and detail of assessment (Article 5[4]);


Assistant director of hong kong environmental protection department former present of international association for i

Key Features of European SEA Directive

  • Necessitates the consideration of alternatives: ‘an environmental report shall be prepared in which the likely significant effects on the environment of implementing the plan… and reasonable alternatives… are identified, described and evaluated’ (Article 5[1]);

  • Requires consultation and public participation: ‘the draft plan … and the environmental report … shall be available to the authorities… and the public’ (Article 6[1]);


Assistant director of hong kong environmental protection department former present of international association for i

Key Features of European SEA Directive

  • Encourages the consideration of cumulative, synergistic and secondary impacts (Annex II[14]);

  • Requires an environmental report to be ‘taken into account during the preparation of the plan… and before its adoption or submission to the legislative procedure’ (Article 8);


Assistant director of hong kong environmental protection department former present of international association for i

Key Features of European SEA Directive

  • Demands a ‘statement summarizing how environmental considerations have been integrated into the plan… and how the environmental report… and the results of consultations… have been taken into account’ (Article 9[1]);

  • Incorporates transboundary consultation (Article 7);

  • Forces member states to ‘monitor the significant environmental effects of the implementation of plans… in order … to identify … unforeseen adverse effects, and to be able to undertake appropriate remedial action’ (Article 10[I]);

  • Requires member states to ensure environmental reports are of ‘sufficient quality’ (Article 12[2]).


Assistant director of hong kong environmental protection department former present of international association for i

England, Wales, Scotland

  • Separate regulations and guidance, but similar issues;

  • Previous sustainability appraisal system;

  • Major ongoing changes to planning system;

  • Scotland: ongoing 2005 Environmental Assessment (Scotland) Bill for SEA.


Unitary development plan udp oldham

Unitary Development Plan (UDP) Oldham

Glasgow

Oldham

Liverpool

Birmingham

London

Great Britain


Assistant director of hong kong environmental protection department former present of international association for i

Denmark

  • Administrative Order No. 31 of 26 February 1993 issued by the Danish Prime Ministers Office – SEA of bills and other government proposals (i.e. 200-250 bills per year);

  • The Act No. 316 of 05/05/2004 – standalone SEA legislation covering only plans and programmes;

  • Plans/Programmes covered: regional plans; municipal plans, municipal planning strategy, local plans; Local Agenda 21, waste plans, water plans;

  • Up to now, 15 regional plans & 25 local plans assessed.


Assistant director of hong kong environmental protection department former present of international association for i

Hierarchy of centres

Hierarchy of roads

Functional connections

Recreation sites

Border lorry parking

What was done in Germany: ‘Functional’ road connections within hierarchical spatial and transport structures (‘decentralised concentration’ / polycentric spatial structure)


Assistant director of hong kong environmental protection department former present of international association for i

Generic Stages of the SEA Process


Assistant director of hong kong environmental protection department former present of international association for i

Generic Stages of the SEA Process

(continued)


Assistant director of hong kong environmental protection department former present of international association for i

Environmentally Sustainable Development

S

EA

S

EA

Plan

Policy

Programmes

S

EA

Project

Environmentally unsustainable development


Assistant director of hong kong environmental protection department former present of international association for i

Potential Benefits of SEA

  • Encourages the consideration of environmental objectives during policy, plan and programme-making activities within non-environmental organizations;

  • Facilities consultations between authorities on, and enhances public involvement in, evaluation of environmental aspects of policy, plan and programme formulation;

  • May leave examination of certain impacts to protect EIA;

  • Allows formulation of standard or generic mitigation measures for later projects;

  • Encourages consideration of alternatives often ignored or not feasible in project EIA;

Source: Wood and Djeddour (1992, p7)


Assistant director of hong kong environmental protection department former present of international association for i

Potential Benefits of SEA

(continued)

  • Can help determine appropriate sites for projects subsequently subject to EIA;

  • Allows more effective analysis of cumulative effects of both large and small projects;

  • Encourages and facilitates the consideration of synergistic effects;

  • Allows more effective consideration of ancillary and secondary effects and activities;

  • Facilitates consideration of long-range and delayed impacts; and

  • Allows analysis of the impacts of policies that may not be implemented through projects.

Source: Wood and Djeddour (1992, p7)


Assistant director of hong kong environmental protection department former present of international association for i

SEA Issues and Challenges for the Next Decade

  • Overcoming ad hoc and inconsistent implementation of SEA procedure;

  • Strengthening the quality and effectiveness of SEA practice;

  • Improving SEA follow up and policy and plan monitoring.


Assistant director of hong kong environmental protection department former present of international association for i

Four Key Challenges for SEA in the World

  • Institutional mechanisms and linkages;

  • Methodological Linkages and Integration: environmental tools versus economic/planning tools;

  • Stakeholder Linkages: diverse interests versus common policy objects/values;

  • Generation and management of win-win outcomes or policy/plan options.


Assistant director of hong kong environmental protection department former present of international association for i

Relative Passive

Approach in EIA/SEA

More Proactive

Approach in EIA/SEA

1

Focus on a Given

Option in EIA/SEA

Search for Win-Win

Alternatives

2

Meet Economic

Demands

Change the

Demands

3

Pursue a Linear EIA/

SEA Study Process

Pursue a Cyclical

Study Process

4

Seven Steps Towards More Meaningful SEA


Assistant director of hong kong environmental protection department former present of international association for i

Separate Specialized

Study by a few Experts

Collective, inter-

Disciplinary Study

with Full Involvement of

Stakeholders

5

Not So Transparent

System and Process

Far More Transparent

System and Process

6

Focus on Achieving

Positive Changes and

Whole-hearted Follow-up

Focus on Preparation

Of Report

7

Seven Steps Towards More Meaningful SEA


What do the world sea trends mean for you

What do the world SEA trends mean for you ?

It’s now a norm in plan-making – the right thing to do;

Call for major re-training of all planners and engineers in all sectors;

Better get on board earlier rather than later


Assistant director of hong kong environmental protection department former present of international association for i

Thank You


Assistant director of hong kong environmental protection department former present of international association for i

Generic Stages of the SEA Process

(continued)


Assistant director of hong kong environmental protection department former present of international association for i

What is the Right Context for SEA to be Effective ?

  • Be adaptive to cultural, political and social circumstances;

  • Need to consider different types of context that define different roles for SEA;

  • Need a responsive decision-making environment;

  • Need a right regulatory context;

  • Need “public participation and engagement”.


Assistant director of hong kong environmental protection department former present of international association for i

Seven Habits of Highly Effective Impact Assessors/ Reviewers

Habit 1 :Be Proactive

Habit 2 :Begin with the End in Mind

Habit 3 :Put First Things First

Habit 4 :Think Win-Win

Habit 5 :Seek First to Understand, Then to be Understood

Habit 6 :Synergize

Habit 7 :Sharpen the Saw

Source: 7 Habits of Highly Effective People by Stephen Covey


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