the sea world trend

ASSISTANT DIRECTOR OF HONG KONG ASSISTANT DIRECTOR OF HONG KONG

ENVIRONMENTAL PROTECTION DEPARTMENTENVIRONMENTAL PROTECTION DEPARTMENT

FORMER PRESENT OF INTERNATIONAL ASSOCIATION FOR IMPACT ASSESSMENTFORMER PRESENT OF INTERNATIONAL ASSOCIATION FOR IMPACT ASSESSMENT

WORLD TRENDS OF STRATEGIC WORLD TRENDS OF STRATEGIC ENVIONMENTAL ASSESSMENTENVIONMENTAL ASSESSMENT

ByBy

ELVIS AUELVIS AU

http://ad.hk.doubleclick.net/jump/personal.pccw/residential_tele_chi;per=residential_tele_chi;sz=543x60;ord=4051943422237846?

Outline of PresentationOutline of Presentation

World trends in the past 10 years;World trends in the past 10 years;

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

Summary of Major Issues and Prospects.Summary of Major Issues and Prospects.


Hierarchy of Proposal and AssessmentHierarchy of Proposal and Assessment

Projects

Programmes

Plans

Policies

(Strategies)

Project EIAProject EIA

Strategic Strategic Environmental Environmental AssessmentAssessment


Major SEA Developments and Major SEA Developments and Achievements in the Past DecadeAchievements 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.


CANADACANADA

USAUSA

SOUTHSOUTHAMERICAAMERICA

CHINACHINA

AUSTRIAAUSTRIA

UKUKMAINLANDMAINLANDEUROPEEUROPE

EASTERNEASTERNEUROPEEUROPE

KOREAKOREAJAPANJAPAN

NETHERLANDNETHERLAND

AFRICAAFRICA


USAUSA National Environmental National Environmental Policy Act 1969, U.S.:Policy Act 1969, U.S.:“…“….. Proposals for .. Proposals for legislation and other major legislation and other major Federal Actions Federal Actions significantly affecting the significantly affecting the quality of the human quality of the human environment…..”environment…..”


CANADACANADA

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


NETHERLANDNETHERLAND

EIA of Spatial Plans;EIA of Spatial Plans;

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


EUROPEEUROPE

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


CHINACHINA

2003 PRC EIA 2003 PRC EIA Law covering Law covering landuse and landuse and sectoral planssectoral plans


JAPANJAPAN2000 Basic Environment 2000 Basic Environment Plan to consider the Plan to consider the framework for framework for environmental environmental considerations in considerations in decision-making in decision-making in polices and planspolices and plans

2003 SEA Tentative 2003 SEA Tentative GuidelinesGuidelines


Statues of the Implementation of Statues of the Implementation of EU SEA DirectiveEU SEA Directive

Status of ImplementationStatus of Implementation

By autumn 2004:By autumn 2004:

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

Complete silence from :Complete silence from :

GreeceGreece

SpainSpain

LuxemburgLuxemburg

Italy some time in 2006Italy some time in 2006

EUROPEEUROPE


Category of action and type of assessment (in brackets)Category of action and type of assessment (in brackets)Sectoral and multi-sectoral actionsSectoral and multi-sectoral actions

Policies (SEA)

Plans (SEA)

Programmes (SEA)

Projects (EIA)

Tiering of Policy, Plan, Programme and Tiering of Policy, Plan, Programme and Project Environmental AssessmentProject Environmental Assessment

Source: Adapted from Lee and Wood (1978)

Land-use Plans (SEA)

National National land use land use

planplan

RegionalRegionalLand-use planLand-use plan

Sub-regional Sub-regional land-use planland-use plan

Local land-Local land-use planuse plan

Level of government

National/National/FederalFederal

Sub-regionalSub-regional

Regional/ Regional/ StateState

LocalLocal

Nationaltransport

policy

Long-termNational

roads plan

5-yr road building

programme

Constructionof motorway

section

Nationaleconomic

policy Regionalstrategic

plan

Sub-regionalinvestmentprogramme

Localinfrastructure

project


US National Environmental Policy Act US National Environmental Policy Act (NEPA)(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.


“ 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 DirectiveThe European SEA Directive

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


New Directive to Improve Public New Directive to Improve Public Participation in EIAParticipation 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.


New Directive to Improve Public New Directive to Improve Public Participation in EIA Participation in EIA

(Continued)(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


Key Features of European SEA DirectiveKey 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]);



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]);



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]);



• 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);



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]).


England, Wales, ScotlandEngland, 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

London

Birmingham

Liverpool

Glasgow

Great Britain

Oldham


DenmarkDenmarkAdministrative 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.


26

What was done in Germany: ‘Functional’ road

connections within hierarchical spatial

and transport structures

(‘decentralised concentration’ /

polycentric spatial structure)

Hierarchy of centres

Hierarchy of roads

Functional connections

Recreation sites

Border lorry parking


Generic Stages of the SEA ProcessGeneric Stages of the SEA Process

Generic SEA Stage Key ConsiderationsApply a screening process

Examine aims and objectives of plans and its overall purpose.Consider whether plan likely to have significant environmental effects. If so, SEA required.

Apply a scoping process

Consider whether plan meets requirements of relevant policies, environmental protection objectives, international targets, etc. Based on objectives of plan, identify key environmental issues central to particular plan being assessed.

Select SEA objectives/ criteria

Develop series of SEA objectives/criteria against which performance of plan will be predicted. Targets and indicators based on these criteria can be used as basis of a strategy to monitor implementation of plan.

Consideration of alternatives

Identify costs, benefits and environmental impacts of other realistic alternatives to meeting plan’s objectives. Choice between alternatives ultimately a political decision.

Collect baseline environmental data

Target data gathering effort on issues identified during scoping. (These may change in light to new information obtained.) Provides platform to examine predicted impacts against anticipated changes in future environment without plan.


Generic Stages of the SEA ProcessGeneric Stages of the SEA Process(continued)(continued)

Generic SEA Stage Key Considerations

Undertake impact prediction

Using SEA objectives and criteria as a guide, identify impacts of plan policies. Predictions should be made using baseline environmental data where available. Where possible, focus on cumulative, synergistic, secondary and long-term impacts to increase comprehensiveness. Involves subjective and objective assessment.

Undertake impact evaluation

Consider acceptability of plan and alternatives, looking at significance of predicted environmental impacts.

Develop a mitigation strategy

Not explicit stage, as mitigation should be considered throughout SEA process, enabling continual refinement of plan. Nevertheless, residual impacts of chosen alternative must be addressed.

Develop a monitoring strategy

Relate monitoring strategy back to environmental targets and indicators identified during scoping. Consider whether plan is achieving its objectives and if mitigation measures are working effectively. Amendments to plan may result.


Environmentally unsustainable development

Environmentally Sustainable

Development

Policy Plan Programmes

Project

SEA

SE

AS

EA


Potential Benefits of SEAPotential 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)


Potential Benefits of SEAPotential Benefits of SEA(continued)(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)


SEA Issues and Challenges for the SEA Issues and Challenges for the Next DecadeNext Decade

Overcoming Overcoming ad hocad hoc and inconsistent and inconsistent implementation of SEA procedure;implementation of SEA procedure;

Strengthening the quality and effectiveness Strengthening the quality and effectiveness of SEA practice;of SEA practice;

Improving SEA follow up and policy and Improving SEA follow up and policy and plan monitoring.plan monitoring.


Four Key Challenges for SEA in the WorldFour Key Challenges for SEA in the World

Institutional mechanisms and linkages;Institutional mechanisms and linkages;

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

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

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


Seven Steps Towards More Meaningful SEASeven Steps Towards More Meaningful SEA

More ProactiveApproach in EIA/SEA

Search for Win-WinAlternatives

Change theDemands

Pursue a CyclicalStudy Process

Relative PassiveApproach in EIA/SEA11

Focus on a GivenOption in EIA/SEA22

Meet EconomicDemands33

Pursue a Linear EIA/SEA Study Process44


Seven Steps Towards More Meaningful SEASeven Steps Towards More Meaningful SEA

Collective, inter-Disciplinary Study

with Full Involvement ofStakeholders

Far More TransparentSystem and Process

Focus on AchievingPositive Changes and

Whole-hearted Follow-up

Separate SpecializedStudy by a few Experts55

Not So TransparentSystem and Process66

Focus on PreparationOf Report77


What do the world SEA trends mean for you ?

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

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

(c) Better get on board earlier rather than later


Generic Stages of the SEA ProcessGeneric Stages of the SEA Process(continued)(continued)

Generic SEA Stage Key Considerations

Prepare a report A public available SEA report should be prepared to document main findings of SEA. This should include a non technical summary.

Instigate a review mechanism

Consider whether information provided by SEA and included in the SEA report is sufficient for decision making. In order to maintain objectivity, some form of independent review necessary.

Consultation and public participation

Not separate stage, as relevant authorities and public should be involved at various stages during SEA. External involvement important at early SEA stages (scoping and selection of objectives/criteria), and prior to plan adoption but after impact evaluation.


What is the Right Context for SEA What is the Right Context for SEA to be Effective ?to be Effective ?

Be adaptive to cultural, political and social Be adaptive to cultural, political and social circumstances;circumstances;

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

Need a responsive decision-making environment;Need a responsive decision-making environment;

Need a right regulatory context;Need a right regulatory context;

Need “public participation and engagement”.Need “public participation and engagement”.


Seven Habits of Highly Effective Impact Seven Habits of Highly Effective Impact Assessors/ ReviewersAssessors/ Reviewers

Habit 1 :Habit 1 : Be ProactiveBe Proactive

Habit 2 :Habit 2 : Begin with the End in MindBegin with the End in Mind

Habit 3 :Habit 3 : Put First Things FirstPut First Things First

Habit 4 :Habit 4 : Think Win-WinThink Win-Win

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

Habit 6 :Habit 6 : SynergizeSynergize

Habit 7 :Habit 7 : Sharpen the SawSharpen the Saw

Source: 7 Habits of Highly Effective People by Stephen Covey


the sea world trend

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