Vesna Kolar Planinsic, Msc. Head of SEA Division

Ministry of the Environment and Spatial Planning, Republic of Slovenia

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SEA in Slovenia Legal framework and procedure Main aspects of SEA system Existing challenges

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Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context SEA Directive 2001/ 42 on the assessment of the effect of certain plans and programmes on the environment Environmental Protection Act Zakon o varstvu okolja - (ZVO-1-NPB7, 26.11.2013) (Official G. No. 41/04, 20/06, 39/06, 70/08, 108/09, 48/12, 57/12, 92/13, 56/15, 102/15, 30/16)

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Environmental Protection Act The main principles and aims: Provide the high level protection of environment Contribute to integration of environment consideration into the plans and

programmes To promote sustainable development

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Legal Framework Slovenia does not have specific law on SEA/EIA Transposition in : Environmental Protection Act – main aims and procedure Decree on SEA procedure – detail procedure and methods Decree on screening criteria – Transposition of SEA Directive

Annex III Decree on EIA (Annex I and Annex II EIA Directive) Nature Conservation Act – Transposition of Art. 6(3), 6(4) of

Habitats Directive • Rules on Appropriate Assessment, Habitats Directive, • Water Protection Act / Transposition of assessment on water

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Environment Protection Act Art.40 SEA means the evaluation of the likely environmental, including health effects, which

comprise: screening the determination of the scope of an environmental report, the preparation of SEA report, the carrying-out consultation with ministries and organisations, the carrying-out of public participation, the taking into account of the environmental report and results of the public

participation and consultation.

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SEA related decrees Decree on categories of projects for which EIA is needed Decree laying down the detailed criteria for the assessment of significant

effects on certain plans and programmes on environment Decree on environmental report and SEA Rules on assessment of aceptability of impact caused by the execution of

plans and activities affecting natures and protected areas based on Nature Conservation Act

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FIELD OF APPLICATION, Art.40 All plans and programmes which are prepared for

agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use and which are likely to have significant environmental effects,

should as a rule is made subject to systematic environmental assessment (SEA) Plans and programmes whose sole purpose is to serve

national defence or civil emergencies and financial or budget plans are excluded

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Programmes and plans

Water

management

Spatial

Planning

Land

use

Fisheries

Energy

Industry

Transport

Turism

SEA

Agriculture

Forestry

Waste

management

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Telecommunications

SEA PROCES, Art.40/46

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1 STEP

• DRAFT PLAN/PROGRAMME BY PROPONENT • MINISTRY OF THE ENVIRONMENT AND SPATIAL PLANNING • CONSULTATION WITH MINISTRIES AND ORGANISATION • SCREENING DECISSION • SCREENING DECISSION PRESENT TO THE PUBLIC

2.STEP

• SCOPING, PREPARATION OF SEA REPORT • CONSULTATION WITH MINISTRIES AND ORGANISATION • SEA REPORT QUALITY • PUBLIC PARTICIPATION

3. STEP

• FINAL PLAN • CONSULTATION WITH MINISTRIES AND ORGANISATION • SEA ACCEPTABILITY DECISION • APPROVAL OF THE PLAN

State of environment Environmental State Reports Environmental Atlas Nature Conservation Atlas Water Atlas All env. Data are open for the public

http://gis.arso.gov.si/atlasokolja/profile.aspx?id=Atlas_Okolja_AXL@Arso http://www.naravovarstveni-atlas.si/nvajavni/

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SEA SCREENING Plan or programme set the framework for future development consent of projects

listed in Annex of the Decree on EIA projects (Annex 1 and Annex 2 to EIA directive on assessment of the effects of certain public and private projects on the environment);

require assessment pursuant to Directive 92/43/EEC – Habitats directive art 6(3), Appropriate assessment

is likely to have significant effects on the environment according to criteria in Annex III of SEA directive

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Screening Case by case examination Plan is likely to have significant environmental effects if Present the framework for Annex I/II SEA Protocol /EIA

Directive project Has significant effect on Natura 2000 ecological network Has other environmental effects

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Screening decission Reasons, if SEA is needed Reasons, if Appropriate assessment is needed as ANNEX to

SEA report Reasons, if plan set the framework for future development

consent for projects listen in Annex I Reasons if plan set the framework for Annex II, using

evaluation criteria from decree Public participation in screening - to extend appropriate All SCREENING DECISSIONS ARE PUBLIC AVAILABLE http://www.mop.gov.si/si/delovna_podrocja/presoje_vplivov_na_okolje/cel

ovita_presoja_vplivov_na_okolje/ Possible administrative court complains

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• APPLICATION WITH FIRST DRAFT, PLANNING A. TO ENVIRONMENT AUTHORITY

• CONSULTATION WITH MINISTRIES AND ORGANISATION, 21 DAYS

Art.40,41

• Decree on criteria for Annex II • Decree with definition of Annex I • Rules on Natura 2000 assessment

SCREENING DECISSION IN 30

DAYS

• Decree on SEA report • SCOPING

ART.41 PREPARATION OF SEA REPORT

• CONSULTATION WITH MINISTRIES AND ORGANISATION, 21 DAYS

• CONFIRMATION OF SEA REPORT QUALITY Art.42

• PUBLIC CONSULTATION, 30 DAYS • SECOND DRAFT PLAN AND ENVIRONMENT

REPORT Art.43

• FINAL PLAN, SEA REPORT • CONSULTATION WITH MINISTRIES AND

ORGANISATIONS • DECISION ON ENVIRONMENT ACCEPTABILITY

Art.46

SEA INTEGRATED APPROACH PROGRAMME/PLAN

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SCREENING YES/NO

SEA REPORT

CONSULTATION WITH MINISTRIES /ORG.

PUBLIC CONSULTATION

DECISION on ENVIRONMENTAL

ACCEPTABILITY

FINAL DECISSION Government, municipality

PROGRAMME/PLAN

PROGRAMME/PLAN

PROGRAMME/PLAN

Scoping Not obligatory, but recommended Environmental aims and indicators Environmental issues which are not important are

excluded Prepared by planning authority /proponent Consultation with ministries and organisation Conclusion public available

FLOOD PROTECTION AIMS Plan relates to flooden areas

METHOD: Decree on flood protection

NATURA 2000 Plan relates to european ecological network

METHOD: Rules on appropriate assessment

NOISE Effects are excluded NOT RELEVANT

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SEA report Environmental aims and idicators Expert methods : GIS, expert opinion, matrix Best expert opinion Evaluation criteria and method A - positive effect B – no effect C – no effects under mitigation measures D – significant effects which can not be mitigate E – significant negative effect D/E alternatives should are excluded

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SEA One stop shop

WATER Water

Assessment

ENVIRONMENT HEALTH

CULTURE HERITAGE LANDSCAPE

NATURE Nature Conservation

Assessment

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Consultation with Environment and Health authorities Draft plan and environmental report Early, timely and effective manner Opinions on draft plan or programme and the environmental report, institutions defined in sectoral Acts Nature Conservation- Institute for Nature Conservation Soil - Ministry for Agriculture Water- Water Management Authority Culture Heritage – Ministry for Culture Heritage Health – Ministry for Health, Institute for Public Health

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SEA Transboundary consultation Notification Draft plan and environmental report, including the

information on its possible transboundary environmental effects, Information regarding the decission making and

indication of the time for transmission of comments and opinion Technical consultation Public concerned must be informed /given

opportunity to forward opinion on plan or programme and environmental report Comments in reasonable framework

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Public participation Early, timely and effective opportunities for public

participation, when all options are open Draft plan and Environmental report 30 days Remarks, comments Answers published on web

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Mitigation measures are included into the plan Mitigation measures are defined in the final environmental statement Monitong is defined in the final environmental statement on environmental

acceptability of plan At the end of the process in the preparation of final SEA decision, before the

plan/programme is adopted: environmental acсeptability decision

Environmental acсeptability

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Decision, Art.46 Before the plan is adopted the Ministry for the Environment

check in the plan if the conclusions of environmental report are taken into

account in plan, if the measures to prevent, reduce or mitigate the adverse

effects identified in the environmental report are taken into account,

if the comments from ministries and organisations are taken into account,

If the comments from transboudary consultations are taken into account

FINAL ENVIRONMENT ACCEPTABILITY DECISSION 24

Information on decision When the plan is adopted , the ministries and organisations, public and

affected Parties must be informed Final environmental acceptability Statement summarizing how the environmental, including health,

considerations have been integrated into it, how the comments have been taken into account and the reasons for adopting in the light of the reasonable alternatives considered

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FINAL DECISSION

“SCREENING”, SEA YES/NO

NOTIFICATION

“SCOPING”

PREPARATION OF THE PLAN, ALTERNATIVES

SEA + TRANSBOUDARY STEPS

ENVIRONMENTAL REPORT, INCLUDING HEALTH

TRANSBOUNDARY CONSULTATION

Consultation with env. and health authority

PUBLIC CONSULTATION

Consultation with env. and health authority

Consultation with

env. and

health authority

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More

http://www.mop.gov.si/si/zakonodaja_in_dokumenti/veljavni_predpisi/okolje/zakon_o_varstvu_okolja/

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Thank you for your attention !