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Convention on Environmental Impact Assessment (EIA) in a Transboundary Context

Resource Manual to Support Application of the Protocol on SEA

Draft Final

 
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Annex A1.1: Legal and policy landmarks in the evolution of SEA

Drafting note : This list of landmarks is not intended to be exhaustive. National guidance documents might be removed and placed on the website.

1970

U.S. National Environmental Policy Act (1969) -- requires ‘proposals for legislation and other major federal actions significantly affecting the…environment’ to include a ‘detailed statement…on the environmental impact’ (Sec. 102 (2)(c))

California Environmental Quality Act -- modelled after NEPA and applies to activities proposed or approved by state agencies, including programmes, plans & staged projects (Guidelines Sec. 15165 - 15168)

mid-1970s

Public inquiries and environmental reviews of major proposals -- consideration of policy issues (e.g. Mackenzie Valley Pipeline Inquiry, Canada, 1974-1977, Ranger Uranium Environmental Inquiry, Australia, 1975-1977)

1978

NEPA Regulations issued by Council on Environmental Quality -- specify actions subject to programmatic EIS as those that can be grouped generically, geographically or by technology (Sec. 1052.4 (b))

1987

Netherlands, EIA Act (amended 1994) -- applies to specified national plans and programmes, including all those fixing the locations of projects for which an EIA is mandatory

1989

Australia, Resource Assessment Commission Act – establishes independent inquiry body on resource policy issues (Commission disbanded in 1993, legislation retained)

World Bank, Operational Directive 4.00 (amended 1991, 1999) -- refers to preparation of sectoral and regional EA (Annex A 6-8)

1990

Canada, Environmental Assessment Process for Policy and Programme Proposals by Order-in Council (amended 1999) -- applies to proposals submitted to Cabinet

1991

New Zealand, Resource Management Act -- landmark sustainability law combining policy, planning and regulatory functions into omnibus regime

UK, Guide on Policy Appraisal and the Environment -- advice for central government agencies (updated by good practice guidance, 1994; amended 1997)

UNECE (Espoo) Convention on EIA in a Transboundary Context (came into force 1997) calls on the Parties ‘to the extent appropriate …shall endeavour to apply’ the principles of EIA to policies, plans and programmes (Article 2(7))

1992

UNECE pilot study of EIA of Policies, Plans and Programmes -- recommends its application by member countries

Hong Kong, Environmental Implications of Policy Papers by decision of then Governor – applies to proposals to Executive Council (later development plans)

Czech EIA Act requires SEA for broad range of concepts (i.e. policies, strategies, plans and programmes) that are prepared or adopted by central government authorities

1993

Denmark, Environmental Assessment of Government Bills and Other Proposals by Prime Minister’s Office (PMO) circular (amended 1995, 1998 when it became legally binding) -- applies to draft legislation to Parliament and to strategic proposals on which Parliament must be consulted

European Commission, Environmental Assessment of Legislative Programme by Internal Communication – applies to legislative proposals and other actions by Commission

1994

UK, Guide on Environmental Appraisal of Development Plans -- advice to local authorities on how to carry out their responsibilities under planning legislation (updated 1998)

Norway, Assessment of White Papers and Government Proposals by Administrative Order -- contains provisions relevant to environment but applies primarily to economic & administrative consequences

Slovakia, EIA Act – contains requirement to assess basic development policies, territorial plans in selected areas and any legislative proposal that may have an adverse impact on the environment (Art. 35)

1995

Netherlands, Environmental Test by Cabinet Directive -- applies to draft legislation, part of comprehensive review of enforceability, feasibility and impact on business

1996

Proposal by European Commission for a Directive on the assessment of the effects of certain plans and programmes(COM (96) 511; amended by COM (99) 73), hereafter SEA Directive

1998

Finland, Guidelines on Environmental Impact Assessment of Legislative Proposals by Decision-in-Principle -- apply to law drafting, also decrees, resolutions and decisions

UNECE (Aarhus) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters -- provisions for public participation in Articles 7 and 8 refer to plans, programmes and policies and to laws and regulations relating to environment

Declaration by the Environment Ministers of the UNECE region on Strategic Environmental Assessment (ECE/CEP/56) -- inviting countries and international finance institutions to introduce and/or carry out SEA ‘as a matter of priority’

1999

Australia, Environmental Protection and Biodiversity Conservation Act -- introduces provisions enabling SEA of policies, plans and programmes

Finland, Act on Environmental Impact Assessment Procedure applies to policy, plans and programmes

UK, Proposals for a Good Practice Guide on Sustainability Appraisal of Regional Planning Guidance (finalized in 2000; replaced in 2005 by a guidance document Sustainability Appraisal of Regional Spatial Strategies and Local Development Documents)

2001

European Council and Parliament, SEA Directive (2001/42/EC), adopted; came into operational force in July 2004, currently being transposed into national legislation by EU Member States

France, L’évaluation environnementale des plans et programmes de transport (SEA of transport plans and programmes), by Ministère de l’aménagement du territoire et de l’environnement

2002

Communication from the Commission on Impact Assessment (COM (2002) 276 final) (reviewed in the light of experience and a further report issued in 2004: Commission Staff Working Paper, Impact Assessment Next Steps - In support of competitiveness and sustainable development (SEC (2004) 1377))

Austria, Assessment of the significance of environmental effects: Screening approach and criteria applied in SEAs, by Federal Ministry of Agriculture and Forestry, Environment and Water Management

2003

Protocol on SEA to the UNECE (Espoo) Convention on EIA in a Transboundary Context, adopted at Kiev

European Commission, Implementation of Directive 2001/42/EC: guidance on the requirements of the SEA Directive

Scotland (United Kingdom), Environmental Assessment of Development Plans, by Development Department, Scottish Executive

2004

Ireland, Implementation of SEA Directive: Draft Guidelines for Regional Authorities and Planning Authorities, by Department of the Environment, Heritage and Local Government

2005

UK, A Practical Guide to the Strategic Environmental Assessment Directive

Strategic Environmental Assessment at the Policy Level: Recent Progress, Current Status and Future Prospects -- A volume prepared by the Regional Environment Centre for Central and Eastern Europe on behalf of the Czech Ministry of Environment

Hong Kong, Strategic Environmental Assessment Manual, Hong Kong Special Administrative Region

Bavaria (Germany), Preliminary guidelines for preparing the environmental report, Bavarian Government - Ministries of the Interior and of the Environment

European Commission, The SEA Manual - a Sourcebook on Strategic Environmental Assessment of Transport Infrastructure Plans and Programmes, by Directorate-General Energy & Transport

Austria, Strategic environmental assessment: From scoping to monitoring, by Federal Ministry of Agriculture and Forestry, Environment and Water Management

IAIA, Conference on International Experience and Perspectives in SEA, Prague

2006

Greening Regional Development Programmes Network, Handbook on SEA for Cohesion Policy 2007-2013

OECD/Development Assistance Committee, Applying Strategic Environmental Assessment: Good Practice Guidance for Development Co-operation

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