Identify the main regulatory provisions for strategic environmental assessment within the UK. Critically assess the extent to which such provisions are likely to lead to improved strategic decision-making.
Strategic Environmental Assessment History
Strategic Environmental Assessment (SEA) is the system and process of integrating environmental considerations into present and future policies, programmes and plans (Therivel, 1999, 2004). Different directives formed the foundation of the present SEA in the United Kingdom. Directive 85/337/EEC or the Environmental Impact Assessment (EIA) Directive was the pioneer of current SEA directives. However, it only applied to certain projects making it deficient in other areas. This limitation led to the development of Strategic Environmental Assessment through the Convention on Environmental Impact Assessment in a Transboundary Context in 1991. This was followed by European SEA Directive 2001/42/EC requiring all members of the European community to ratify the Directive by July 21, 2004. European Union countries started compliance with SEA with its land use aspects. (Dalal-Clayton & Sadler, 2005) To date SEA is deemed fully implemented in Europe and 2006 marks the assessment of the effectiveness and implementation of the SEA Directive by European Commission.
Strategic Environmental Assessment in the United Kingdom
Ratification of the SEA Directive by the United Kingdom gave way to the process of integrating the provisions of the Directive in legislations and administrative actions of the government. In 2005, the Office of the Deputy Prime Ministers issued a guide to the Directive containing the different regulations on Strategic Environmental Assessment in the UK. The regulations are divided into four areas, which are: 1) background and context; 2) SEA and consultation; 3) SEA and sustainable development; 4) stages of SEA.
Background and Context Regulations
Regulations covered by background and context revolve around two general guidelines. First is the scope of the SEA. Strategic Environmental Assessment applies to any plan or programme to be implemented in the United Kingdom or to England or any district or territory. Any plan or program applicable to the United Kingdom is subject to a SEA. This is further qualified by the regulation making it mandatory for plans or programmes on “agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunication, tourism, town and country planning or land use,” (p. 11) and other areas required to undergo SE. Second is the authority in-charge of the application of SEA. SEA regulations in the UK provide that the responsible authority is the body that prepared and seeks to adopt the plans and programmes on a particular area. The regulatory body is tasked to conduct SEA in order to determine whether the plans or programmes have an effect on the environment. Since conducting the SEA is a formal task, regulations provide for the process to be followed and other formalities such as the required contents and structure of the write-up. (Office of the Deputy Prime Minister, 2005)
The regulations on the scope of the SEA and the authority in-charge of the assessment are significant to improved strategic decision-making on plans and programmes of the government. This is because the assessment provides decision-makers with information on the effect that a plan or program set to be implemented in the future will have on the environment and the extent of environmental effect. This information then enables decision-makers to weight the cost and benefit of implementing the plan or program relative to its environmental cost and benefits. In case the environmental cost outweighs its economic or social benefit the decision leans towards not implementing the plan or program or rethinking the plan to address its environmental effects. The regulation making SEA mandatory to plans and programmes in various areas and the different levels of governance ensures that prior to implementation, the plans and programmes passed through environmental assessment. The regulation on designating responsible authorities requires the bodies drafting plans or programmes to take responsibility for environmental assessment of their proposals. The result of the Strategic Environmental Assessment determines the decision to forego or proceed with the plans and programmes.
SEA and Consultation Regulations
The key principle of the consultation regulations is accountability of the body drafting the plan or programme to other concerned government agencies, the public and other states that may be potentially affected by the implementation of the plan or programme.
SEA regulations provide for consultation to be made with Consultation Bodies, such as the English Heritage, Department of the Environment’s Environment and Heritage Service, Historic Scotland, and others, because these are authorities charged with environmental responsibilities and concerned with environmental effects of plans and programmes. There should also be consultation made to the public on the draft of plans and programmes and public opinion should be collected to determine the nature and extent of support that people have on the plan or programme based on their environmental concern. SEA regulations also require consultation of other EU member states based on the recognition that plans and programmes of any EU member state is likely to affect other member states, although in varying degrees, due to the connectivity of their economies. Finally, regulations provide for consultation of consultation bodies regarding questions on whether SEA is required for plans and programmes on areas not expressly mentioned in the UK integration of the SEA Directive. (Office of the Deputy Prime Minister, 2005)
Consultation is the process of communication and discussion between the party implementing a plan or programme and the party likely to be affected by the proposal. The purpose is to determine the various reactions of people to the presentation of the plan and its potential consequences and suggestions on the manner that differences in opinion may be settled to consider government and constituency interests.
SEA and Sustainable Development
Regulations on sustainable development provide that the purpose of Strategic Environmental Assessment is the promotion of sustainable development (Office of the Deputy Prime Minister, 2005). This objective is qualified in the sustainable development strategies of the UK government. Sustainable development was formally defined as “a better quality of life for everyone, now and for generations to come” taken together with the international definition of sustainable development as “development which meets the needs of the present without compromising the ability of future generations to meet their own needs.” Thus, sustainable development revolves around four primary goals: which are “1) social progress which recognises the needs of everyone; 2) effective promotion of the environment; 3) prudent use of natural resources; and 4) maintenance of high and stable levels of economic growth and employment”. (HM Government, 2005, p. 15).
The regulation setting out sustainable development as the ultimate objective of Strategic Environmental Assessment guides decision-making in finalizing a plan or programme by ensuring that all proposals are directed towards the sustainable development goals of the state. Every time a proposal is being considered for implementation, one of the assessment criteria is its potential contribution to sustainable development.
Stages of SEA
Regulations on Strategic Environmental Assessment provides for five interrelated stages. First is the determination of the context, baseline, scope and objectives. This stage requires the identification of the context, scope and objectives of the assessment and collecting baseline data on the environmental factors attached to the plan or programme. Second is the assessment of the environmental effects and the development and refinement of alternatives. This stage involves the identification of environmental issues and their corresponding alternative solutions so that the eventual implementation of the plan or programme complies with sustainability. Third is the preparation of the environmental report that fully discuss the results of the assessment including the potential environmental problems and issues and the identified viable alternative solutions, written in clear and organized manner fit for public consultation and use of decision-makers. Fourth is the consultation process mentioned earlier, information dissemination, the assessment of any changes to the plan or programme proposed, and decision-making to finalize the plan or programme. This process involves the scrutiny of the plan or programme to different sectors based on sustainable development. Fifth is the implementation of the plan or program that covers the identification of objectives and methods of monitoring and responding to actual effects. This stage involves the regulated implementation of the plan or programme, to ensure continuously that it is guided by sustainable development. (Office of the Deputy Prime Minister, 2005)
The implementation of the different stages supports sound and strategic decision-making because it provides a logical process of incorporating Strategic Environmental Assessment in the development and implementation of the plans and programmes of the government, especially since the result of the SEA is an important consideration in deciding the viability of a plan or programme.
Conclusion
The various regulations on the incorporation of the SEA Directive to the laws of the United Kingdom help the government in strategic decision-making by mandating the collection of information on the potential impact of the plan or programme to the environment, environment related issues and problems, alternative actions, and monitoring plan important in deciding the viability of a plan or programme.
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