SEA IN THE CONTEXT OF LANDTUSE PLANNING

The proposition 2003/04:116 also called for changes in other legislation, i.e. newrequirements on SEA in the Act on municipal energy planning (lagen om kommunalenergiplanering) (1977:439), and changes in the Environmental Code regarding the aims,contents and procedure for SEA (Articles 10, 19, 20), brought about changes in the AviationAct (luftfartslagen) (1957:297), Road Law (väglagen) (1971:948), the Act on fairways andharbours (lagen om inrättande, utvidgning och avlysning av allmän farled och allmän hamn) (1983:293),the Act on changes in the Minerals Act (lag om ändring i minerallagen) (1991:45) and the Act onchanges in the construction of railroads (lag om ändring i lagen (1995:1649) om byggande av järnväg)(Prop. 2003/04:116).4.2 The national SEA requirements4.2.1 The aims of Environmental Assessment of plans and programmes in SwedenAs stated above, the Environmental Code sets the legal framework for SEA in Sweden withstipulations in Articles 11 – 22 of chapter 6 of the Code.The purpose of the Environmental Code (DS2000:61) is as follows:“The purpose of the Environmental Code is to promote sustainable development, which will assure ahealthy and sound environment for present and future generations. Such development will be based onrecognition of the fact that nature is worthy of protection and that our right to modify and exploitnature carries with it a responsibility for wise management of natural resources” (Part one, generalprovisions. Chapter 1, Article 1) 7 .The purpose of environmental assessment of plans and programmes is stated in Article 11,chapter 6 of the Environmental Code:“The aim of the environmental assessment is to integrate environmental aspects in the plan or theprogramme in order to promote sustainable development” (Chapter 6, Article 11) 7 .When comparing the aims of the implementation of SEA according to the EnvironmentalCode and the dual objectives of the EU directive (see chapter 2), certain differences emerge.The Environmental Code introduces SEA in a broader context of promotion of sustainabledevelopment, as well as the more narrow purpose of environmental protection. Theprocedural aspects, i.e. the integration of environmental considerations into the preparationand adoption of plans and programmes is not included in the aims of the SEA procedures inthe overall aims of the Environmental Code, nor the more specific aims of theEnvironmental Assessment procedures prescribed in chapter 6 of the Code.4.2.2 Plans and programmes covered by the directive (screening)There is no definite list of plans and programmes that are covered by the requirements of theSEA directive in Sweden. In Article 4 of the Ordinance on Environmental Assessment (SFS2005:356), the criteria for identifying the plans and programmes requiring SEA are listed.These include plans that set the framework for permission of activity or measure thatpotentially have considerable environmental effects, and that are required by law or otherregulations, and that are prepared and adopted by an authority. The SEA requirements applyto plans that are stipulated by the Planning and Building Act and the Environmental Code aswell as the Act on municipal energy planning, the Road Law and the Railway Act. According7 English translation: Hólmfrídur Bjarnadóttir46