SEA IN THE CONTEXT OF LANDTUSE PLANNING

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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
assessment.• Equally, an environmental assessment shall be carried out of national programmesprepared by other state authorities such as the national soil protection programmeaccording to a parliamentary resolution on soil reclamation that the Icelandic Parliamentapproved in the spring 2004 (þingsályktun um landgræðslu), regional afforestation plansaccording to Regional Afforestation Project Act 56/1999 and the integrated transportprogramme according to act on transportation programme no 71/2002.• The warrant given by Althingi on which power plant the government or the minister ofindustry is entitle to approve and issue permission included in the Act on Electric PowerPlants no 60/1981• An environmental assessment shall furthermore be carried out for the Regionaldevelopment plan according to Article 7 of the Act no.106/1999 on the Institute ofRegional Development. The regional development plan shall be prepared by the Ministerof Industry in co-operation with the Institute of Regional Development.• Energy Report that the Minister shall submit to Althingi (the Icelandic legislativeassembly) every four years according to Article 39 of the Electricity Act (raforkulaga) no.65/2003 is also subject to the SEA requirements. The report shall contain inter alia; anoverview of the preceding four years, probable long-term trends of electricity needs,research of energy resources, strengthening of the transmission system, and the nationalimportance of the proposed electrical power developments and their effects on theeconomy and habitation in Iceland.• Furthermore, an environmental assessment shall be carried out for plans and programmesand changes to those that form a strategy for permission to projects that are stipulated inthe act on Environmental Impact Assessment no.106/2000. These plans andprogrammes shall be presented and/or accepted by authorities or prepared according tolaw or Ministerial decision.According to the act there are no screening requirements or processes to identify which plansand programmes within the sectors listed above require a SEA. This means that all plans andprogrammes within the sectors identified in the legislation shall always undergo an SEA. Inthis way, the Icelandic requirements regarding screening differ from those of the EUdirective.Examples of plans covered by the SEA Act:Regional plansMunicipal comprehensive plansLocal/detailed plansProgrammes covered by the SEA Act:The national soil protection programmeThe regional afforestation plansActs for power plantsThe integrated transport programmeTABLE 5.1. EXAMPLES OF PLANS AND PROGRAMMES COVERED BY THE SEA ACT 105/20065.3 The Environmental Assessment processAccording to the guidelines on environmental assessment of plans and programmes,published by the Planning Agency in April 2007, the SEA process can be divided into threemain parts, i.e.:The scope and the main emphasis of the environmental assessment. At this stage, the main subjects ofthe assessment are defined, and it shall be decided how the assessment shall be carried out.67
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sea in the context of land-useplann
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Blekinge Institute of Technology Li
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AcknowledgementsThis thesis has dev
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CHAPTER 5 INTRODUCTION OF SEA TO TH
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PART I - Introduction to the resear
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In this research the introduction o
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my studies and work in the area as
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FIGURE 1.1. BASIC TYPES OF CASE-STU
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At the same time HB has had access
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References and documentsAlfredsson,
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Christoferson, I. (ed), (2001) Swed
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Kørnøv, L. (1999) Integrating SEA
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Sheate, W., Byron, H., Dagg, S. and
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European Union’s publicationsEC (
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English documents:Countryside Counc
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SEA IN THE CONTEXT OF LANDTUSE PLANNING

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