SEA IN THE CONTEXT OF LANDTUSE PLANNING

to the ordinance (2005:356), the following plans are covered by the requirement onenvironmental assessment as a part of their preparation: municipal comprehensive plans,detailed plans and regional development plans stipulated by the Planning and Building Act,municipal energy plans, municipal plans for waste disposal (avfallsplaner), regional transportplans and maintenance plans for rail and roads (banhållningsplan and väghållningsplan).Furthermore an environmental assessment is generally required for the following sectors:agriculture and forestry, fishing, industry, water management, telecommunication, tourism,comprehensive planning and land use. For other plans than those listed above, an SEA maybe required if the proposed plan, programme or changes in existing plans or programmes setthe precondition for future permit for an activity or measure are considered to havesubstantial environmental effects. Furthermore, environmental assessment is required if theauthority or the municipality regards that the proposed plan or changes are likely to havesignificant environmental effects with regard to the criteria that is given in appendix 2 of thedirective, i.e. is encompassed by the risks for human health or environmental risks, theaffected area sensitivity on the basis of exceeded environmental quality norms or culturalheritage the effect on protected nature (Article 5, 2005:356).In the case of detailed development plans, those may require an environmentalassessment according to the requirements of environmental assessment of plans andprogrammes as well as the EIA requirement of projects. For detailed development plans ascreening procedure shall always be carried out by the municipality on the need anenvironmental assessment. The SEA requirements do not cover Regional plans and specialarea regulations mentioned in the PBA since their preparation is not compulsory according tothe PBA. Furthermore, the Swedish requirements of policies and programmes that areprepared at the national level, but are limited to those not required by law are not subject tothe SEA requirements, and do encompass plans required by administrative provisionaccording Article 2 of the directive 2001/42/EC. Plans and programmes with the solepurpose of serving the national defence or civil emergency, as well as financial and budgetplans and programmes, including the national budget and local authority budgets are notsubject to the SEA requirements.As a part of the assessment of whether a plan or the programme is considered to haveconsiderable environmental effects, the CABs, the municipalities and other authorities thatare affected by the plan or the programme, shall be given an opportunity to comment on thedecision. At the national level this consultation shall be carried out with the SwedishEnvironmental Protection Agency and other state authorities that are affected. Theauthority’s or the municipality’s decision on whether an environmental assessment is requiredshall be made available to the public as a part of the planning issue (Article 6).4.3 The Environmental Assessment processThe main steps or phases stipulated in the Swedish SEA requirements correspond to those ofthe EU directive, i.e.; screening, scoping, analysis, environmental statement, consultation,adoption and follow up. These steps are listed in the Environmental Code, provisions(Boverket, 2006) and in a handbook that is being prepared by the Swedish EnvironmentalProtection Agency (Naturvårdsverket, unpublished 2006). The main steps or phasesstipulated in the Swedish SEA requirements correspond to those of the EU directive. In adraft version of the handbook made available by the Swedish Environmental ProtectionAgency in November 2006 and in a later version 2008, it is stressed that the main steps of theassessment process should be coordinated with the relevant planning or programmingprocess, notwithstanding that the following steps shall be included (see figure 4.1):47