SEA IN THE CONTEXT OF LANDTUSE PLANNING

Who decides?The authorities responsible for deciding which plans and programmes shall be covered by theSEA requirements differ. In Sweden and England the planning authorities decide whether anSEA is needed after consultation with statutory bodies at the local and national levels. InIceland it is not the planning authorities but the national Planning Agency decides whether aplan or a programme needs a strategic environmental assessment. The decision of thePlanning Agency can be appealed to the Minister of the Environment. The Icelandicapproach gives substantial power to a state agency and is a more centralised approach thanthe other countries.7.2.2 Article 5. The environmental reportThe requirements of the contents of the Environmental report are described in each of thecountries’ legislation, which are complemented by more guidance regarding the contents inrespective countries’ guidelines. The legal requirements fulfil the requirements in thedirective’s article 5, regarding demands on the degree and the type of environmental impacts,uncertainty, alternatives studies and the reasons for those were rejected. In all the countriesthe relevant authorities form the contents of the environmental report, although in theIcelandic case, this shall be done in consultation with the Planning Agency.The Icelandic and English legislation stress the fact that the environmental report caneither be presented as separate document or as an integrated part in the plan or theprogramme. In the Icelandic case, it is also highlighted the importance of integrating theenvironmental assessment process in the planning process. The Practical Guide for theapplication in England stresses that although the Environmental Report may be included inthe draft plan or programme, it must be clearly distinguishable and show that the Directive’srequirements have been met. None such direction is given in the Swedish legislation. In allthe countries scope of the SEA is unclear both with regard to the aspects of the plan thatshall be assessed, what assessment criteria is used or how alternatives shall be defined.The reference to the environmental quality goals distinguishes the Swedish interpretationof the Environmental Report, where the environmental statement shall illustrate how therelevant environmental quality goals and their regional counterparts have been incorporatedin the plan.7.2.3 Article 6. ConsultationThe consultation requirements adhere in principle with the SEA directive in all the countries.The aspects that differ between the countries is the designation of the consultation bodies,the time limits for consultation and other arrangements such as the way of informing theauthorities and the public.When the consultation takes place in the planning process?In all the three countries consultation is required as a part of the presentation of the draftplan or the programme and the environmental report. In England and Sweden consultationshall be carried out with the consultative bodies on the decisions on the scope and the levelof detail of the assessment, but none of the countries requires making information availableto the public at this stage. In Iceland, consultation is only needed with the Planning Agency atthe scoping stage. In Sweden and England the consultation with the public shall be carriedout ‘within appropriate time frames’ (Sweden) and ‘within such a length of time that will ensure that theconsultation bodies and the public consultees are given an effective opportunity to express their opinion on therelevant documents’ (England). In the Iceland the time frames are stipulated in the Icelandic SEAAct no. 105/2006, where it is stated that the public has six weeks to comment upon thecontents of the Environmental Report.101