Unconventional oil and gas policy: SEA

In relation to any qualifying plan or programme, the responsible authority shall secure the preparation of an Environmental Report. The report shall identify, describe and evaluate the likely significant effects on the environment of implementing—

(a) the plan or programme; and

(b) reasonable alternatives to the plan or programme, taking into account the objectives and the geographical scope of the plan or programme. (Section 14(1) and (2) and Schedule 3).

1) An outline of the contents and main objectives of the plan or programme, and of its relationship (if any) with other qualifying plans and programmes.

Sections 1, 3, 4 and Appendix 2.

2) The relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme.

Sections 4 - 13 and Appendix 1.

3) The environmental characteristics of areas likely to be significantly affected.

Sections 4 - 13 and Appendix 1.

4) Any existing environmental problems which are relevant to the plan or programme including, in particular, those relating to any areas of a particular environmental importance, such as areas designated pursuant to Council Directive 79/409/EEC on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (as last amended by Council Directive 97/62/EC).

Sections 4 -13 and Appendix 1.

5) The environmental protection objectives, established at international, Community or Member State level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation.

Section 3 and Appendix 2

6) The likely significant effects on the environment, including—

(a) on issues such as (i) biodiversity; (ii) population; (iii) human health; (iv) fauna; (v) flora; (vi) soil; (vii) water; (viii) air; (ix) climatic factors; (x) material assets;

(xi) cultural heritage, including architectural and archaeological heritage; (xii) landscape; and (xiii) the inter-relationship between the issues referred to in heads (i) to (xii); (b) short, medium and long-term effects; (c) permanent and temporary effects; (d) positive and negative effects; and (e) secondary, cumulative and synergistic effects.

Sections 4 - 13

7) The measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme.

Section 15

8) An outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties (such as technical deficiencies or lack of expertise) encountered in compiling the required information.

Section 2

9) A description of the measures envisaged concerning monitoring in accordance with section 19.

Section 16

10) A non-technical summary of the information provided under paragraphs 1 to 9.

Non – technical summary

The report shall include such of the information specified in schedule 3 as may reasonably be required, taking account of—

(a) current knowledge and methods of assessment of environmental matters;

(b) the contents of, and level of detail in, the plan or programme;

(c) the stage of the plan or programme in the decision-making process; and

(d) the extent to which any matters to which the report relates would be more appropriately assessed at different levels in that process in order to avoid duplication of the assessment (Section 14 (3))

The Environmental Report adheres to this requirement.

Consultation

Before deciding on—(a) the scope and level of detail of the information to be included in the Environmental Report to be prepared in accordance with section 14; and (b) the consultation period it intends to (i) specify under section 16(1)(b); and (ii) notify under section 16(2)(a)(iv), the responsible authority shall send to each consultation authority such sufficient details of the qualifying plan or programme as will enable the consultation authority to form a view on those matters. As specified in Section 15(1)(b)(i) the Scoping Report sets out the intended consultation period for the environmental report.

Consultation on this Environmental Report will be undertaken for a 8 week period from 23 October 2018 to 18 December 2018.

As soon as reasonably practicable, and in any event within 14 days of the preparation of the Environmental Report, the responsible authority shall—

(a) send a copy of the report and the qualifying plan or programme to which it relates (“the relevant documents”) to the consultation authorities; and

(b) invite each consultation authority to express its opinion on the relevant documents within such period as the responsible authority may specify.

(2) The responsible authority shall also—

(a) within 14 days of the preparation of the Environmental Report, secure the publication of a notice—

(i) stating the title of the plan or programme to which it relates;

(ii) stating the address (which may include a website) at which a copy of the relevant documents may be inspected or from which a copy may be obtained;

(iii) inviting expressions of opinion on the relevant documents; and

(iv) stating the address to which, and the period within which, opinions must be sent;

(b) keep a copy of the relevant documents available at the authority's principal office for inspection by the public at all reasonable times and free of charge; and

(c) display a copy of the relevant documents on the authority's website.

(3) The periods referred to in subsections (1)(b) and (2)(a)(iv) must be of such length as will ensure that those to whom the invitation is extended are given an early and effective opportunity to express their opinion on the relevant documents.

(Section 16(1), (2) and (3)).

Taking the Environmental Report and the results of the consultations into account in decision-making (relevant extracts of Section 18)

As soon as reasonably practicable after the adoption of a qualifying plan or programme, the responsible authority shall—

(a) make available a copy of—

(i) the plan or programme;

(ii) the Environmental Report relating to it; and

(iii) a statement containing the particulars specified in subsection (3),

at the authority's principal office for inspection by the public at all reasonable times and free of charge.

(Section 18(1)(a))

Requirement will be met at a later stage in the SEA process.

As soon as reasonably practicable after the adoption of a qualifying plan or programme, the responsible authority shall inform the consultation authorities of the adoption of the plan or programme and shall send them a copy of—

(a) the plan or programme as adopted; and

(b) the statement containing the particulars specified in subsection (3).

(3) The particulars referred to in subsections (1)(a)(iii) and (b)(iii) and (2)(b) are—

(a) how environmental considerations have been integrated into the plan or programme;

(b) how the Environmental Report has been taken into account;

(c) how the opinions expressed in response to the invitations mentioned in section 16 have been taken into account;

(d) how the results of any relevant consultation under regulation 14 of the Environmental Assessment of Plans and Programmes Regulations 2004 (S.I. 2004/1633) have been taken into account;

(e) the reasons for choosing the plan or programme as adopted, in the light of the other reasonable alternatives considered; and

(f) the measures that are to be taken to monitor the significant environmental effects of the implementation of the plan or programme.

(4) Nothing in subsection (1)(b)(iii) shall require the responsible authority to provide a copy of any document free of charge; but where a charge is made, it shall be of a reasonable amount.

(Section 18(1), (2), (3) and (4))

Requirement will be met at a later stage in the SEA process.

Monitoring

(1) The responsible authority shall monitor the significant environmental effects of the implementation of every qualifying plan or programme for which it has carried out an environmental assessment.

(2) The responsible authority shall do so in a manner (which may comprise or include arrangements established otherwise than for the express purpose of compliance with subsection (1)) which enables the authority to—

(a) identify any unforeseen adverse effects at an early stage; and

(b) undertake appropriate remedial action.

(Section 19(1) and (2))

Requirement will be met at a later stage in the SEA process.