Head of SEA Division Ministry of the Environment and Spatial Planning, Republic … ·...
Transcript of Head of SEA Division Ministry of the Environment and Spatial Planning, Republic … ·...
Vesna Kolar Planinsic, Msc. Head of SEA Division
Ministry of the Environment and Spatial Planning, Republic of Slovenia
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SEA in Slovenia Legal framework and procedure Main aspects of SEA system Existing challenges
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Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context SEA Directive 2001/ 42 on the assessment of the effect of certain plans and programmes on the environment Environmental Protection Act Zakon o varstvu okolja - (ZVO-1-NPB7, 26.11.2013) (Official G. No. 41/04, 20/06, 39/06, 70/08, 108/09, 48/12, 57/12, 92/13, 56/15, 102/15, 30/16)
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Environmental Protection Act The main principles and aims: Provide the high level protection of environment Contribute to integration of environment consideration into the plans and
programmes To promote sustainable development
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Legal Framework Slovenia does not have specific law on SEA/EIA Transposition in : Environmental Protection Act – main aims and procedure Decree on SEA procedure – detail procedure and methods Decree on screening criteria – Transposition of SEA Directive
Annex III Decree on EIA (Annex I and Annex II EIA Directive) Nature Conservation Act – Transposition of Art. 6(3), 6(4) of
Habitats Directive • Rules on Appropriate Assessment, Habitats Directive, • Water Protection Act / Transposition of assessment on water
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Environment Protection Act Art.40 SEA means the evaluation of the likely environmental, including health effects, which
comprise: screening the determination of the scope of an environmental report, the preparation of SEA report, the carrying-out consultation with ministries and organisations, the carrying-out of public participation, the taking into account of the environmental report and results of the public
participation and consultation.
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SEA related decrees Decree on categories of projects for which EIA is needed Decree laying down the detailed criteria for the assessment of significant
effects on certain plans and programmes on environment Decree on environmental report and SEA Rules on assessment of aceptability of impact caused by the execution of
plans and activities affecting natures and protected areas based on Nature Conservation Act
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FIELD OF APPLICATION, Art.40 All plans and programmes which are prepared for
agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use and which are likely to have significant environmental effects,
should as a rule is made subject to systematic environmental assessment (SEA) Plans and programmes whose sole purpose is to serve
national defence or civil emergencies and financial or budget plans are excluded
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Programmes and plans
Water
management
Spatial
Planning
Land
use
Fisheries
Energy
Industry
Transport
Turism
SEA
Agriculture
Forestry
Waste
management
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Telecommunications
SEA PROCES, Art.40/46
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1 STEP
• DRAFT PLAN/PROGRAMME BY PROPONENT • MINISTRY OF THE ENVIRONMENT AND SPATIAL PLANNING • CONSULTATION WITH MINISTRIES AND ORGANISATION • SCREENING DECISSION • SCREENING DECISSION PRESENT TO THE PUBLIC
2.STEP
• SCOPING, PREPARATION OF SEA REPORT • CONSULTATION WITH MINISTRIES AND ORGANISATION • SEA REPORT QUALITY • PUBLIC PARTICIPATION
3. STEP
• FINAL PLAN • CONSULTATION WITH MINISTRIES AND ORGANISATION • SEA ACCEPTABILITY DECISION • APPROVAL OF THE PLAN
State of environment Environmental State Reports Environmental Atlas Nature Conservation Atlas Water Atlas All env. Data are open for the public
http://gis.arso.gov.si/atlasokolja/profile.aspx?id=Atlas_Okolja_AXL@Arso http://www.naravovarstveni-atlas.si/nvajavni/
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SEA SCREENING Plan or programme set the framework for future development consent of projects
listed in Annex of the Decree on EIA projects (Annex 1 and Annex 2 to EIA directive on assessment of the effects of certain public and private projects on the environment);
require assessment pursuant to Directive 92/43/EEC – Habitats directive art 6(3), Appropriate assessment
is likely to have significant effects on the environment according to criteria in Annex III of SEA directive
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Screening Case by case examination Plan is likely to have significant environmental effects if Present the framework for Annex I/II SEA Protocol /EIA
Directive project Has significant effect on Natura 2000 ecological network Has other environmental effects
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Screening decission Reasons, if SEA is needed Reasons, if Appropriate assessment is needed as ANNEX to
SEA report Reasons, if plan set the framework for future development
consent for projects listen in Annex I Reasons if plan set the framework for Annex II, using
evaluation criteria from decree Public participation in screening - to extend appropriate All SCREENING DECISSIONS ARE PUBLIC AVAILABLE http://www.mop.gov.si/si/delovna_podrocja/presoje_vplivov_na_okolje/cel
ovita_presoja_vplivov_na_okolje/ Possible administrative court complains
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• APPLICATION WITH FIRST DRAFT, PLANNING A. TO ENVIRONMENT AUTHORITY
• CONSULTATION WITH MINISTRIES AND ORGANISATION, 21 DAYS
Art.40,41
• Decree on criteria for Annex II • Decree with definition of Annex I • Rules on Natura 2000 assessment
SCREENING DECISSION IN 30
DAYS
• Decree on SEA report • SCOPING
ART.41 PREPARATION OF SEA REPORT
• CONSULTATION WITH MINISTRIES AND ORGANISATION, 21 DAYS
• CONFIRMATION OF SEA REPORT QUALITY Art.42
• PUBLIC CONSULTATION, 30 DAYS • SECOND DRAFT PLAN AND ENVIRONMENT
REPORT Art.43
• FINAL PLAN, SEA REPORT • CONSULTATION WITH MINISTRIES AND
ORGANISATIONS • DECISION ON ENVIRONMENT ACCEPTABILITY
Art.46
SEA INTEGRATED APPROACH PROGRAMME/PLAN
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SCREENING YES/NO
SEA REPORT
CONSULTATION WITH MINISTRIES /ORG.
PUBLIC CONSULTATION
DECISION on ENVIRONMENTAL
ACCEPTABILITY
FINAL DECISSION Government, municipality
PROGRAMME/PLAN
PROGRAMME/PLAN
PROGRAMME/PLAN
Scoping Not obligatory, but recommended Environmental aims and indicators Environmental issues which are not important are
excluded Prepared by planning authority /proponent Consultation with ministries and organisation Conclusion public available
FLOOD PROTECTION AIMS Plan relates to flooden areas
METHOD: Decree on flood protection
NATURA 2000 Plan relates to european ecological network
METHOD: Rules on appropriate assessment
NOISE Effects are excluded NOT RELEVANT
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SEA report Environmental aims and idicators Expert methods : GIS, expert opinion, matrix Best expert opinion Evaluation criteria and method A - positive effect B – no effect C – no effects under mitigation measures D – significant effects which can not be mitigate E – significant negative effect D/E alternatives should are excluded
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SEA One stop shop
WATER Water
Assessment
ENVIRONMENT HEALTH
CULTURE HERITAGE LANDSCAPE
NATURE Nature Conservation
Assessment
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Consultation with Environment and Health authorities Draft plan and environmental report Early, timely and effective manner Opinions on draft plan or programme and the environmental report, institutions defined in sectoral Acts Nature Conservation- Institute for Nature Conservation Soil - Ministry for Agriculture Water- Water Management Authority Culture Heritage – Ministry for Culture Heritage Health – Ministry for Health, Institute for Public Health
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SEA Transboundary consultation Notification Draft plan and environmental report, including the
information on its possible transboundary environmental effects, Information regarding the decission making and
indication of the time for transmission of comments and opinion Technical consultation Public concerned must be informed /given
opportunity to forward opinion on plan or programme and environmental report Comments in reasonable framework
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Public participation Early, timely and effective opportunities for public
participation, when all options are open Draft plan and Environmental report 30 days Remarks, comments Answers published on web
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Mitigation measures are included into the plan Mitigation measures are defined in the final environmental statement Monitong is defined in the final environmental statement on environmental
acceptability of plan At the end of the process in the preparation of final SEA decision, before the
plan/programme is adopted: environmental acсeptability decision
Environmental acсeptability
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Decision, Art.46 Before the plan is adopted the Ministry for the Environment
check in the plan if the conclusions of environmental report are taken into
account in plan, if the measures to prevent, reduce or mitigate the adverse
effects identified in the environmental report are taken into account,
if the comments from ministries and organisations are taken into account,
If the comments from transboudary consultations are taken into account
FINAL ENVIRONMENT ACCEPTABILITY DECISSION 24
Information on decision When the plan is adopted , the ministries and organisations, public and
affected Parties must be informed Final environmental acceptability Statement summarizing how the environmental, including health,
considerations have been integrated into it, how the comments have been taken into account and the reasons for adopting in the light of the reasonable alternatives considered
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FINAL DECISSION
“SCREENING”, SEA YES/NO
NOTIFICATION
“SCOPING”
PREPARATION OF THE PLAN, ALTERNATIVES
SEA + TRANSBOUDARY STEPS
ENVIRONMENTAL REPORT, INCLUDING HEALTH
TRANSBOUNDARY CONSULTATION
Consultation with env. and health authority
PUBLIC CONSULTATION
Consultation with env. and health authority
Consultation with
env. and
health authority
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More
http://www.mop.gov.si/si/zakonodaja_in_dokumenti/veljavni_predpisi/okolje/zakon_o_varstvu_okolja/
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Thank you for your attention !