SEA IN THE CONTEXT OF LANDTUSE PLANNING

Chapter 5SystemIntroduction of SEA to the Icelandic PlanningIn this chapter, an overview is given of the legal requirements for introducing SEA in Iceland.The aim is to give an impartial description of the legal implementation of the SEA directiveinto Icelandic context of land use planning, including the legal and institutional frameworkthat provide the basis for the planning system. Furthermore, earlier efforts of developing andapplying Strategic Environmental Assessment at strategic planning levels are accounted for.At the end of the chapter the connections between the introduction of the SEA requirementsand the institutional preconditions for land use planning in Iceland are discussed.5.1 Legal contextLegislation of key importanceThe requirements of the EU directive 97/11/EC were introduced into Icelandic legislation bythe Act on environmental assessment of plans and programmes 12 no. 105/2006 (Lög um umhverfismatskipulagsáætlana), that came into effect on the 14 th of June 2006. The transposition of thecontents of the EU directive and the preparation of a governmental bill was carried out by aninter-ministerial committee, appointed by the Minister for the Environment in 2002 and a billwas submitted to the Parliament in November 2005.The Icelandic SEA Act 105/2006 follows in all main principles the EU directive2001/42/EC, both with regard to the requirements on the plans and programmes covered bythe directive, and the environmental effects identified, as well as the main procedural stepsidentified in the directive (Althingi 13 2006). Formal responsibility for the implementation ofthe SEA directive rests with the Ministry of the Environment, though operationalresponsibility lies with the national Planning Agency.Other requirements on environmental assessmentOther legal requirements for the environmental assessment of policies, plans or programmesin Iceland are found in the Planning and Building Act no. 73/1997 (Skipulags- og byggingarlög),and the Planning Regulation no. 400/1998 (Skipulagsreglugerð). According to article 9, paragraph5 of the Act, development plans (i.e. land use plans or physical plans), shall account for theimpacts of the plan, its objectives, and proposed development on the environment, natural12 In the official Icelandic title of the Act no. 105/2006, the term ‘skipulagsáætlun’ is used. The termencompasses both plans and programmes, and hence the English translation used here, as well as in other placeswhere the term is encountered it is translated as ‘plans and programmes’.13 The Icelandic legislative assembly65