Strategic Environmental Assessment (SEA) of the Scottish Climate Change Bill: Consultation Proposals: Environmental Report

Strategic Environmental Assessment (SEA) of the Scottish Climate Change Bill: Consultation Proposals: Final Environmental Report (Post-Consultation Issue) November 2008


2. SEA Methodology

2.1 Statutory Requirements

2.1.1. SEA, as required by the Environmental Assessment (Scotland) Act 2005, has five key stages:

A. Screening

Determining whether the Plan/ Programme/ Strategy ( PPS) is likely to have significant environmental effects and whether an SEA is required

B. Scoping

Deciding on the scope and level of detail of the Environmental Report, and the consultation period for the report in consultation with Scottish Natural Heritage, The Scottish Ministers (Historic Scotland) and the Scottish Environment Protection Agency

C. Environmental
Report

Publishing an Environmental Report on the PPS, which considers environmental effects and mitigation or enhancement methods, and consulting on that report

D. Adoption
( SEA or Post Adoption Statement)

Publish SEA Post Adoption Statement that provides information on:
the adopted PPS and how consultation comments have been taken into account; methods for monitoring the significant environmental effects of the implementation of the PPS

E. Monitoring

Outline a monitoring framework to allow for monitoring of significant environmental effects in such a manner as to also enable the Responsible Authority to identify any unforeseen adverse effects at an early stage and undertake appropriate remedial action

2.2 Stages A & B: Screening and Scoping

2.2.1. Stages A and B, Screening and Scoping, were conducted by the Climate Change Bill Team. A Screening Determination was submitted to the Consultation Authorities ( CA) in August 2007, which generally determined that certain actions taken to meet the proposed SCCB target had the potential to result in significant environmental effects.

2.2.2. The SCCB Team produced and submitted a Scoping Report in September 2007. CA responses were returned by mid-October 2007 and forwarded on to Halcrow mid-November 2007.

2.2.3. In the main, the CA's were concerned that a lack of baseline data and detail on the likely contents of the Bill limited their ability to comment fully on the likely environmental implications; although the general consensus was that the Bill offered potentially long-term environmental benefits associated with a general reduction in Scottish greenhouse gas emissions. Although the production of a detailed baseline was not considered appropriate, in order to carry out the SEA, an overview of issues has been included. (See Appendix C of this report).

2.2.4. Concern was expressed over the ability of the SEA to address the more indirect impacts of emissions reductions (Historic Scotland suggested adopting an E-test methodology) and on how the SEA would inform the development of the Bill as it passes through the Parliamentary process. CA responses to the Scoping Report are addressed fully in Appendix A.

2.3 Stage C: Environmental Report

2.3.1 This Environmental Report ( ER) represents the key output of Stage C. Upon completion of the consultation on the SCCB proposals and this ER, consultation responses will be reviewed and any resultant significant changes, to be included in the SCCB proposals, will be assessed, with an addendum to this report produced or a new ER issued, depending on the scale of changes.

2.3.2 In order to develop an effective method for the SEA of the SCCB consultation proposals, it was necessary to adopt a structured, high-level approach that identified and separated out the strategic aims of the SCCB from the options and alternatives likely to be included within the consultation document.

2.3.3 A four-stage process was developed to allow effective appraisals of the varied issues surrounding, and implications of, the SCCB proposals.

1. A modified E-test approach was utilised to assess sectoral implications, likely emissions reduction measures required and the anticipated effects on the SEA topics.

2. An assessment was carried out using the PPP/ PPS review and baseline to identify high-level issues under each of the SEA topics that might arise from reducing GHG emissions.

3. A preliminary assessment considered an early draft of alternative options, against the SEA topics, and included a preliminary detailed assessment of supporting measures. A stakeholder workshop helped to facilitate this process.

4. A secondary high-level options assessment of the preferred consultation paper options using high-level matrices, discursive notes and detailed assessment matrices.

2.3.4 These stages are discussed further in Section 5 of this report, with full assessments recorded in Appendices D - G.

2.3.5 The SCCB consultation refers to emissions reduction or emissions mitigation, treating them as inter-changeable terms. In order to avoid potential confusion over terminology, this SEA refers to 'emissions reduction' as opposed to 'emissions mitigation'. Mitigation in this SEA will refer to measures to prevent, reduce or avoid negative environmental consequences of a particular action. This convention will be maintained.

SEPA Consultation Comment:

"As the SCCB consultation is progressed and the Bill itself prepared and indeed introduced to parliament, it would be helpful for a very simple overview of the assessment findings to be prepared (eg from the non technical summary or via the SEA statement) in order to help inform debate on the Bill and its implications."

SEA Response:

A more concise summary of assessment results will be included as part of the SEA Statement, once the provisions of the Scottish Climate Change Bill, for submission to the Scottish Parliament, have been finalised.

2.4 Stage D: Adoption

2.4.1. Stage D Adoption, usually requires the production of a Post Adoption Statement that documents how the SEA process and consultation comments were taken into account in refining the adopted version of a plan, programme or strategy. However, on submission of the SCCB to Parliament, this particular SEA will come to an end.

2.4.2. An SEA Post Adoption Statement will be produced, documenting how the SEA process has informed the development of policies within the submitted Bill. This will meet the principles of Stage D, and the requirements of Section 12.1(b) of the Environmental Assessment (Scotland) Act 2005. Any further assessment of the SCCB, as an adopted Act, will be at the discretion of the Scottish Ministers.

2.5. Stage E: Monitoring

2.5.1. As the SCCB is likely to introduce statutory monitoring and reporting requirements, and may recommend independent monitoring and verification of emissions reductions, Section 8 of this report will discuss the implications for an SEA monitoring framework and the potential for environmental indicators to be included.

SEPA Consultation Comment:

"We note that any further assessment as the Bill progresses will be at the discretion of Scottish Ministers.
We acknowledge that this is a practical arrangement that reflects the uncertainties regarding progress of the Bill and the possibility that its provisions may be amended.

It is SEPA's view that there would be merit, if at all possible within the constraints of parliamentary procedure, in considering any significant environmental effects that may arise from proposed changes to the Bill."

SEA Response:

Scottish Ministers do not plan to make any amendments to the Bill which will be outwith the scope of the existing Environmental Report.

If non-governmental amendments are made which are considered to have an environmental effect outwith the areas considered in the Environmental Report it may be most appropriate to consider separate strategic environmental assessment of the proposed actions to implement such provisions.

2.6. Limitations and Assumptions

2.6.1. SEA conducted on draft proposals for a legislative Bill consultation presented some limitations, and required some key assumptions to be made, which are presented in Table 2.1 below.

Table 2.1 SEA Process - Limitations and Assumptions

Limitation

Approach to SEA

Timescales

The consultants developed a methodology based on assumptions about the future and opted to concentrate on known and emerging technologies, but did not consider a range of scenarios with differing combinations of measures due to time constraints.

Methodology

The Scoping Report did not set out a detailed methodology or assessment framework to be consulted on, and a 'standard' SEA objectives-led methodology was not considered appropriate due to the limited opportunity for the SEA to result in revisions to the consultation proposals.

Developing an appropriate methodology that would satisfy the requirements of the Environmental Assessment (Scotland) Act 2005 was a key concern, and is discussed in Section 5 of this report.

It is anticipated that the SEA will help advise the consultation on the SCCB proposals and recommendations on preferred options post-consultation.

Uncertainty

When assigning impacts related to the Scottish Climate Change Bill proposals and the likely effects of emissions reduction measures, uncertainty exists throughout the assessments due to the lack of detailed information on measures likely to result.

'Business as Usual' scenarios were considered within the e-tests and baseline sections, based on the UKCIP02 high emissions scenario, in accordance with the precautionary principle.

Revisions and
Additions

Throughout the period, the consultation proposals were revised and updated as the Consultation Draft was passed through government departments for comment.

It was therefore necessary to review the initial draft proposals and adopt an overview approach for the SEA appraisals. All appropriate consultation options have been assessed, although some questions were identified as better addressed through Regulatory Impact Assessment.

Data Availability

No baseline was included in the Scoping Report and the production of a detailed baseline was not considered appropriate due to the high level nature of the SCCB. However, an overview of key issues and updated national emissions data was collected, in conjunction with AEA Technology.

Key Assumptions

The SCCB consultation proposals will focus on an 80% emissions reduction target as its key objective.

The SEA will assume that emissions reductions apply to the range of greenhouse gases produced in Scotland, and not solely on carbon dioxide emissions, to provide a wider base for assessments.

The SEA will be primarily concerned with the direct, secondary and indirect environmental effects of measures to reduce emissions to meet the 80% target.

The SEA will assess the options presented in the SCCB consultation proposals at a high level, rather than attempt to identify and assess potential policy measures that might emerge at the next stage.

The SEA will not restate climate science or develop specific scenarios but refer to well developed and understood science and scenarios from the SNIFFER Handbook of Climate Trends Across Scotland and the UK Climate Impacts Programme ( UKCIP02) Scenarios.

The SEA will acknowledge wider environmental impacts on each of the SEA topics, as required by the SEA Directive and 2005 Act.

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