Strategic Environmental Assessment Environmental Protection Agencys Role as

Strategic Environmental Assessment Environmental Protection Agency’s Role as an Environmental Authority in the SEA Process in Ireland – Experience to date IAIA SEA Conference Prague 26 -29 September 2005 Tadhg O’Mahony, Gerry Byrne, EPA Alison Donnelly - EPA/ Trinity College Dublin- SEA Research Fellow

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

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 5

Sectors Subject to SEA Requirements of the Directive Tran Sport Wa. Ter Tou. Rism Pl. Anning Was. Te Fish. Eries Ener. Gy Industry Tele. Communications For Estry Agriculture

Key Stages for EPA Input in SEA Screening Scoping Environmental Report Monitoring

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 <10, 000. This relates to Plans other than those for which SEA is mandatory e. g. County Development Plans, National Hazardous Waste Management Plan –Agency responsibility, Regional. Waste Management Plans etc.

Role of Environmental Authorities - 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 2 A of SEA Regulations 2004 need to be taken into account

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 SEA’s commenced • Two Environmental Reports issued • One SEA Statement Issued

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 2 A Criteria Assessment not inlcuded – Site location/context plan not included – Further information requested – GIS Search Tool –excellent tool - ongoing development

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 re: Flood Protection Strategy – Policing of Plans etc. which do not comply with SEA Regulations

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

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, email 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.

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

Role of Environmental Authorities - 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 2 B SEA Regulations – sets out the information to be included in the Environmental Report

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 2 B –SEA Regulations –Information to be contained in an Environmental Report • Submissions/Recommendations from environmental authorities to Scoping Request 19

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.

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

Role of Environmental Authorities 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

Role of Environmental Authorities 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

Role of Environmental Authorities 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 Wales.

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

Key EPA SEA Actions 2005 • Ongoing Development of SEA Web Page. The EPA SEA Web. Page 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

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

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

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

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.

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

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.

EPA Contact –SEA Process Tadhg O' Mahony Office of Licensing and Guidance Environmental Protection Agency Regional Inspectorate Inniscarra Co. Cork Ireland Tel: +353 -21 -4875540/4860818 Fax: +353 -21 -4875545 email: t. omahony@epa. ie EPA WEBSITE Address www. epa. ie