SEA IN THE CONTEXT OF LANDTUSE PLANNING

esources, and the community, including a comparison of the possible alternatives. Anattempt shall also be made to use environmental assessment to ensure full consideration ofenvironmental concerns and of the aims of the planning legislation. The aims of these includeto encourage the rational and efficient utilization of land and natural resources, ensuring thepreservation of natural and cultural values, and the prevention of environmental damage andover-exploitation, based on the principles of sustainable development. According toTheodórsdóttir and Elmarsdóttir (2003), the Planning and Building Act’s and PlanningRegulations’ general requirements on the documentation of planning proposals, consultationwith public agencies and the public, and on decision-making, all correspond to a considerableextent to the requirements of Directive 2001/42/EC. Hence, it can be assumed that theimplementation of the directive is introduced to an already existing legal framework ofstrategic environmental assessment of development plans that to a large degree already fulfilthe requirements of the directive.5.2 The national SEA requirements5.2.1 The aims of Environmental Assessment of plans and programmes in IcelandThe aims of the Icelandic SEA Act (Act on environmental assessment of plans andprogrammes, 105/2006) are stated in article 1 of the act. Those encompass the promotion ofsustainable development and reduction of negative environmental impacts, as well aspromote that during the preparation of plans and programmes, environmental concerns areconsidered. These aims will be achieved by carrying out an environmental assessment ofcertain planning and development plans and programmes that are considered likely to haveconsiderable environmental effects.5.2.2 Plans and programmes covered by the SEA requirements directive (screening)According to Article 3 in the Act on environmental assessment of plans and programmes,plans the requirements on environmental assessment apply to those plans and programmesthat fulfil all of the following three conditions: a) The plans or programmes are prepared oradopted by governmental authorities, b) the plans or programmes are prepared by legislationsor a ministerial decision, c) the plans or programmes set out a strategy that has consequencesfor permission for projects that are identified in the Act on Environmental ImpactAssessment (EIA) no 106/2000.Plans and programmes with the sole purpose of serving national defence or civilemergency, as well as financial or budget plans and programmes including the national budgetand municipal/local authority budgets, are not subject to the requirements on SEA. If there isuncertainty whether a plan or programme falls within those requirements it is possible for thepublic, or those responsible for the preparation of the plan or the programmes, to requestthat the Planning Agency decides whether the plan or the programme is covered by thedemands presented in the act. The decision reached by the Planning Agency shall be madepublic and can be appealed to the Minister of the Environment.In the guidelines published by the Planning Agency in April 2007, plans and/orprogrammes that fulfil those requirements can be found within the following sectors:agriculture, afforestation, aquaculture, energy harnessing, energy, transportation, treatment ofwaste, communication, tourism as well as spatial and physical planning. In a report that wassubmitted with the governmental bill to the parliament in November 2005 (Althingi 2005),the following plans and programmes that have been prepared in Iceland by state authoritiesand can be considered to fulfil the conditions mentioned above:• Plans stipulated by the Planning and Building Act, no. 73/1997, e.g. regional plans,municipal plans, local plans and special regional plans require an environmental66