Embed Size (px)
Citation preview
iema.net
31 May 2017
The 2017 EIA Regulations in Wales
Chair’s WelcomeJosh FothergillPolicy Lead – Impact Assessment
iema.net
Welcoming The UK’s 2017 EIA Regulations
Across: Planning, Energy, DCO, Marine, Transport and Works, Trunk Roads, Agriculture, Land Drainage, Forestry, Water Resources, Harbours, Highways, Electricity, and Fish Farming
iema.net
Chair’s Opening
Welcoming to your new EIA Regulations, plus Q&A
Owen Struthers (Welsh Government)
Tea Break
The 2017 EIA Regs role in complying with the Well-being
of Future Generations Act and Environment Act
Voirrey Costain (Jacobs)
The 2017 Regulations in Practice & Discussion
Josh Fothergill (IEMA)
Summary & Close
Programme
IEMA & the UK EIA Community’s role in Directive’s amendment and transposition
iema.netiema.net
Revisions to EU EIA Directive (1985 – 2014)
EIA Directive Time-limit for transposition
85/337/EEC 3 July 1988
97/11/EC – Amendment 14 March 1999
2003/35/EC – Amendment 25 June 2005
2009/31/EC – Amendment 25 June 2011
2011/92/EU Consolidation
No transposition required
2014/52/EU – Amendment 16 May 2017
iema.net
EC Public Consultation
2009 2011
2014
2013
20122010
2011/92/EU
EU EIA
Effectiveness
Review
EC proposals for revising EIA
Directive
EIA Directive amendment2014/52/EU
Proposal Revised by EU Parliament &
Council
New EIA Directive
2017
Member State Transposition16 May 2017
Overview: Revising the EIA Directive
iema.netiema.net
UK Transposition Consultations
• Scotland: T&CP and other EIA regimes Oct’16
• Wales: T&CP EIA (Wales) regime Nov’16
• Defra & others: various EIA Regimes Jan ‘17
• DCLG: T&CP & DCO Feb ‘17
• Northern Ireland: Planning Feb ’17
• DfT: various EIA regimes Mar ‘17
• BEIS: Electricity Mar ‘ 17
Most of Regulations have ‘gone live’ Today
iema.netiema.net
IEMA Transposition Activity
IEMA responded to all UK EIA Consultations
• Consultation responses across 22 EIA Regulatory Regimes
• 10 August 2016 – 16 March 2017
• Scotland > Wales > Defra (et al) > DCLG > N. Ireland > DFT > BEIS
Involved with process since 2008
Broad and on-going member engagement since 2010
Preparatory webinars and guidance since 2014
iema.net
IEMA 2017 EIA Regulations Roll-out
• 16 May: EIA Regulations launch conference, London
• 17 May: EIA Regulations launch webinar
• 24 May: Scottish EIA Regs launch conference, with Scottish Govt
• Today: Welsh EIA Regulations workshop: Feat: Welsh Govt
• 13 July: Webinar on Major Accidents / Disasters
• 18 July: Liverpool, within Proportionate EIA Strategy launch event
iema.net
IEMA & EIA Transitional Guidance
Recent / New Guidance on:
• Shaping Quality Development (Alternatives & Scoping) – Nov ‘15
• Climate Change Resilience & Adaptation – Nov ‘15
• Delivering Quality Development (Monitor & mitigate) – July ‘16
• Climate Change GHG Emissions – May ‘17
• Health – May ‘17
https://www.iema.net/policy/ia/eia-transposition
iema.net
IEMA Networks & Regions
iema.net
Welcome to your new EIA Regulations!
Environmental Impact
Assessment (EIA)
Owen Struthers
Development Management Branch
Welsh Government
Environmental Impact Assessment
Introduction
• New Directive: Directive 2014/52/EU of the European
Parliament and of the Council of 16 April 2014 amending
Directive 2011/92/EU on the assessment of the effects of
certain public and private projects on the environment
• CIF 16 May 2017
• Brexit
Environmental Impact Assessment:
Europe's View
General objective: adjust the EIA Directive in order to • correct identified and persisting shortcomings.
• reflect ongoing environmental and socio-economic priorities and challenges.
• align with the principles of smart regulation.
• reflect the ECJ case-law.
Environmental Impact Assessment:
Europe's View
Specific and Operational objectives of the revision
Introduce and/or strengthen the quality related elements of the EIAD •Specify the content and justification of the screening decision •Specify the content and justification of the EIA report and the final decision •Adjust the EIAD to the new environmental challenges
Enhance policy coherence and synergies with other EU/international law and simplify procedures •Streamline environmental assessments •Specify time-frames for the various stages of the EIA process
Environmental Impact Assessment:
Regulations in Wales
• The Town and Country Planning (Environmental Impact
Assessment) (Wales) Regulations 2017
• The Environmental Impact Assessment (Agriculture)
(Wales) Regulations 2017
• The Environmental Impact Assessment (Forestry)
(England and Wales) (Amendment) Regulations 2017
• The Marine Works (Environmental Impact Assessment)
(Amendment) Regulations 2017
• The Environmental Impact Assessment (Land Drainage
Improvement Works) (Amendment) Regulations 2017
• The Water Resources (Environmental Impact Assessment)
(England and Wales) (Amendment) Regulations 2017
• Transport related
Screening
Increased role of developer in screening
• description of likely significant environmental effects
• description of proposed mitigation measures
• .....taking into account available results of any ‘relevant
assessment’ [SEA/HRA/Seveso .....?]
Screening
Time period for screening :
• 21 days
• What about extensions of time?
• When does it start?
Screening cont…
The screening opinion must :
take into account
- The information provided by the developer
- the available results of other environmental assessments
(e.g. SEA, Hazardous Substances)
- Schedule 3 as relevant to the development.
must state
- the main reasons for the conclusion with reference to the
relevant criteria listed in Schedule 3
- if a proposed development is not EIA development state
any features of the proposed development and measures
envisaged to avoid or prevent what might otherwise have
been significant adverse effects on the environment.
Screening cont…Screening opinion - Schedule 3 differences
Characteristics of development
1. The characteristics of development must be considered
having regard, in particular, to—
(a) the size and design of the development;
(b) the cumulation with other existing development
and/or approved development;
(c) the use of natural resources, in particular land, soil,
water and biodiversity;
(d) the production of waste;
(e) pollution and nuisances;
(f) the risk of major accidents and/or disasters relevant
to the development concerned, including those caused by
climate change, in accordance with scientific knowledge;
(g) the risks to human health (for example due to water
contamination or air pollution).
Screening cont…Location of development
2. The environmental sensitivity of geographical areas likely to be affected by
development must be considered, having regard, in particular, to—
(a) the existing and approved land use;
(b) the relative abundance, availability, quality and regenerative
capacity of natural resources (including soil, land, water and biodiversity) in
the area and its underground;
(c) the absorption capacity of the natural environment, paying
particular attention to the following areas—
(i) wetlands, riparian areas, river mouths;
(ii) coastal zones and the marine environment;
(iii) mountain and forest areas;
(iv) nature reserves and parks;
(v) European sites and other areas classified or protected under
national legislation;
(vi) areas in which there has already been a failure to meet the
environmental quality standards laid down in Union legislation and relevant to
the project, or in which it is considered there is such a failure;
(vii) densely populated areas;
(viii) landscapes and sites of historical, cultural or archaeological
significance.
Screening cont…Types and characteristics of the potential impact
3. The likely significant effects of the development on the
environment must be considered in relation to criteria set out
under paragraphs 1 and 2, with regard to the impact of the
development on the factors specified in regulation 4(2), taking
into account—
(a) the magnitude and spatial extent of the impact (for
example geographical area and size of the population likely to be
affected);
(b) the nature of the impact;
(c) the transboundary nature of the impact;
(d) the intensity and complexity of the impact;
(e) the probability of the impact;
(f) the expected onset, duration, frequency and reversibility
of the impact;
(g) the cumulation of the impact with the impact of other
existing and/or approved development;
(h) the possibility of effectively reducing the impact.
Screening cont…
Main changes
- human health?
- Existing and approved development
- Risks of major accidents and or/ disasters (Question: What
are likely to be relevant to TCPA projects?)
- Measures to reduce/remove the impact
Consultation
Additional requirements
• public shall be informed electronically [and by public
notices]. - Where the developer and LPA undertake
publicity
• Changes to the public notification criteria
• relevant information shall be electronically accessible to
the public.
• time-frame for consulting (including statutory consultees) -
30 days.
Expertise
• An environmental statement must:
- be prepared by persons who in the opinion of the relevant
authority, have sufficient expertise to ensure the
completeness and quality of the statement;
- contain a statement by or on behalf of the applicant or
appellant describing the expertise of the person who
prepared the environmental statement;
• The competent Authority shall:
- ensure that it has, or has access as necessary to,
sufficient expertise to examine the EIA report.
(Only applies to the ES, not screening/scoping)
Making the decision
Consideration of whether planning permission should be
granted. The CA, must:
(a) examine the environmental information;
(b) reach a reasoned conclusion on the significant effects of
the proposed development on the environment, taking
into account the examination referred to in sub-paragraph
(a) and, where appropriate, their own supplementary
examination;
(c) integrate that conclusion into the decision as to whether
consent is to be granted; and
(d) if planning permission or subsequent consent is to be
granted, consider whether it is appropriate to impose
monitoring measures.
The reasoned conclusion must be up to date when the
determination is made;
Making the decision – monitoring
conditions
When considering whether to impose a monitoring measure
under paragraph you must:
(a) if monitoring is appropriate, consider remedial action;
(b) ensure that the type of parameters and the duration are
proportionate to the nature, location and size of the
proposed development and the significance of its effects;
and
(c) avoid duplication of monitoring, and whether monitoring
arrangements required under Union legislation are more
appropriate than imposing monitoring measures.
What the decision must include
Decision to grant development consent:
• the reasoned conclusion;
• any environmental conditions attached to the decision, a
description of any features of the project and/or measures
envisaged to avoid, prevent or reduce and, if possible,
offset significant adverse effects on the environment as
well as, where appropriate, monitoring measures.
Decision to refuse development consent
• main reasons for the refusal.
Co-ordinated procedures
The competent authority must ensure that the
Appropriate Assessment and the EIA are co-ordinated
EIA and HRA Co-ordination
Fundamental distinction between EIA and Habitats
Regulations Appraisal (HRA) - procedure and decision
But, similarities in process – screening, information provided
by the applicant.
Question
How could you co-ordinate the processes?
Transitional provisions
• Where an applicant has requested a scoping opinion, or
submitted an environmental statement before 16 May the
application, appeal, or enforcement action will continue
under the 2016 Regulations.
• Where an applicant has requested a screening opinion, one
has been adopted before the before 16 May Parts 1 and 2
of the 2016 Regulations continue to apply, with Parts 3 to 7
and 9 to 13 of the 2017 Regulations also applying.
iema.net
Q&A
Coffee Break
Session 2:The 2017 EIA Regs role in complying with the Well-being of Future Generations Act and Environment ActVoirrey Costain (Jacobs)
iema.net
Q&A
Session 3:The 2017 EIA Regulations in Practice & DiscussionJosh Fothergill (IEMA)
iema.netiema.net
Main Changes via 2014/52/EU
• A definition of EIA
• Joint / Co-ordinated HD
• Time limits
• Screening Revisions
• New / revised topics
• Scoping Revisions
• Competent Experts
• ES Content
• Examination of ES and sufficient expertise in CA
• Decision Notice
• Monitoring
• Penalties & Conflict Interest
• Transitional arrangements
Member views on 2017 EIA RegsChallenges & Opportunities
“Much of this is already good practice” “Avoid undue burden”
“An opportunity to streamline”
“How will x,y,z… work in practice?”
EIA PracticeOverview
iema.netiema.net
Consultation Concerns
Three main concerns:
- EIA Experts
- LPA Expertise
- ES ‘based on’ scoping opinion
Also: A key Opportunity
Increased interest in EIA provides window to drive more proportionate approach
Consultants Role in EIA -Scoping & ES Submission
iema.net
○ Population and human health○ Biodiversity , particular species
and habitats 92/43/EEC & 2009/147/EC
○ Land○ Soil
○ Water○ Air○ Climate○ Material assets○ Cultural heritage○ Landscape
Broader scope of issues to be considered:
Operational Effects Major Accidents & Disasters
Subject Matter of Assessment
Focus on significant effects on listed topics.
iema.net
Scoping
Scoping remains:
• Where requested by developer, a LPA will issue opinion on scope and level of detail for ES.
• LPA consult developer and authorities before it gives opinion.
New element:
Environmental Statement must be “based on” scoping opinion where provided = Regulation 18 (4) (a)
iema.net
ES = ‘based on’ Scoping Opinion
Concerns raised as risk to iterative and proportionate EIA.
Wales Reg 17(4)(c) attempt to address:
“based on the most recent scoping opinion or direction issued (so far as the proposed development remains materially the same as the proposed development which was the subject of that opinion or direction)”
What does this mean?
- Can a 2nd / 3rd scoping opinion be requested?
- What % of development must remain ‘materially the same’ AND who makes this judgement?
iema.netiema.net
Reasonable Alternatives – Schedule 4 (2) & (3)
Remain developer led – ‘studied by the developer’However, more effort may be needed in ES:
reasonable alternatives = (for example in terms of develop’ntdesign, technology, location, size and scale), and • Indication of main reasons selecting chosen option, incl:
comparison of the environmental effects.Plus…• An outline of the likely evolution of baseline scenario without
implementation of the project
iema.netiema.net
Other Assessment Areas
Co-ordination with HRA
UK Approach = Consistent across 22 EIA Regimes!• Co-ordinated HRA and EIA, but NO wider linkages in Regulations
• Co-ordinated by LPA / SoS
Cumulative Effects
Now linked to existing / consented developments, but be careful = LPA up-to-date reasoned conclusions @ decision
iema.net
IEMA EIA Guide to Shaping Quality Development
iema.net
IEMA EIA Guide to Delivering Quality Development
iema.net
IEMA EIA Transposition Advice – Climate Change
iema.net
IEMA EIA Transposition Advice - Health
Q&A
iema.net
EIA Regulations 2017Competent Experts
iema.net
Increasing recognition of competence in EIA
Competent expert
• EIA Report prepared by competent experts.
Sufficient Expertise
• CA must have access to sufficient expertise to examine the EIA Report for completeness and quality.
IEMA involved in discussions on EIA expertise since EC’s 25yrs of EIA Directive Conference in Leuven (November, 2010)
iema.netiema.net
What the amended Directive says on EIA Experts (i.e. those doing the assessment – generally consultants in UK)
Pre-amble (Para 33)Experts involved in the preparation of environmental impact assessment reports should be qualified and competent.
Article 5(3).In order to ensure the completeness and qualityof the environmental impact assessment report:
(a) the developer shall ensure that the environmental impact assessment report is prepared by competent experts;
iema.netiema.net
Wales is different: Who decides if competent experts are ok?
2014/52/EU: “Developer shall ensure…”
Two approaches in UK:
• Developer decides = Majority of 2017 Regulations
• LPA / Welsh Ministers = Welsh Planning Regs
iema.netiema.net
Wales is differentCompetent Experts vs Sufficient Expertise
2014/52/EU: “… prepared by Competent Experts.”
At least three UK approaches
• Competent Experts = Majority of 2017 EIA Regulations
• Sufficient Expertise = Welsh Planning
• Competent Person = Land Drainage EIA (E&W) Regs
iema.net
Competent ExpertsWhat does it mean for Professionals working in EIA?
iema.netiema.net
IEMA PositionA Competent Expert in EIA…
Advice to developers on identifying competent expert EIA consultants
- Focus is on Individuals (both leading the EIA and each Topic)
- Organisational competence in EIA is a useful secondary factor
The depth of competence assurance should be risk based, linked to likely significance of a proposed development’s effects on the environment.
Two acceptable approaches:1. Standard Route: Based on professional membership, experience and evidence of
on-going relevant CPD
2. Bespoke Route: Self-declaration and justify via evidenced experience and references
iema.netiema.net
IEMA PositionStandard Route: UK EIA Co-ordinator Competent Expert…
Standard Practice:
An INDIVIDUAL who can demonstrate all of following:
1. Full membership relevant professional body / Registered EIA Practitioner;
2. Experience of leading substantive components of EIA process;
3. Evidence of on-going CPD relevant to content Schedule 4 (Annex IV)
Good Practice: Standard + the organisation leading the EIA process is registered to EIA Quality Mark
iema.netiema.net
IEMA ViewStandard Route: EIA Topic Specialism - Competent Expert…
Standard Practice:
An INDIVIDUAL who can demonstrate all of following:
1. Full membership relevant professional body;
2. Experience of leading substantive components of topic assessment in EIA;
3. Evidence of on-going CPD relevant to topic / content Schedule 4 (Annex IV)
Good Practice: Standard + the organisation leading the EIA process is registered to EIA Quality Mark
Q&A
LPA Increasing Role Screening, Scoping, Examination, Decision Notice
iema.net
A increasing emphasis on LPA Role in EIA
Existing From May 2017
• Screening: Mitigation, reasons, tracking.
• Scoping: New topics, ES ‘based on’ scoping opinion
• Read ES: Examine ES and come to own reasoned concs
• No expertise: Sufficient expertise to examine ES
• Decision: Reasoned concs, Mitig & monitoring in Notice
• Existing Regs: Transitional Arrangements for a few years at least
iema.net
Increasing recognition of competence in EIA
Competent expert
• EIA Report prepared by competent experts.
Sufficient Expertise
• CA must have access to sufficient expertise to examine the EIA Report for completeness and quality.
IEMA involved in discussions on EIA expertise since EC’s 25yrs of EIA Directive Conference in Leuven (November, 2010)
iema.netiema.net
What amended Directive says on decision-makers having Sufficient Expertise (i.e. Local planning authorities and PINs in UK)
Pre-amble (Para 33)Sufficient expertise, in the relevant field of the project concerned, is required for the purpose of its examination by the competent authorities in order to ensure that the information provided by the developer is complete and of a high level of quality.
Article 5(3).In order to ensure the completeness and quality of the environmental impact assessment report:
(b) the competent authority shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report;
iema.netiema.net
But Government considers LPAs have Sufficient Expertise / access to it
All regimes promoting the same line:
“At present most decision makers either have persons with sufficient expertise within their (planning or wider) teams to examine the ES, or could readily access such expertise”
BUT… Government perspective does not align with practitioner experience =
>90% members feel LPA do not have capacity to deliver on EIA
2/3rds feel LPA do not have sufficient expertise on their own…
iema.net
Transitional Arrangements
Screening
• Screened prior to 16 May 2017 follow existing screening in future.
• Screened on / after 16 May new Regulation for Screening.
The Rest of EIA Amends
• Scoping request / ES submission pre-16 May, existing Regs.
• Scoping request / ES sub on / after 16 May, new Regs.
Potentially complex for CA / LPA to track for next few years.
Questions & Discussion
Summary
iema.net
Guidance will be crucialProvides further impetus to continue to work together
Develop a culture of proportionate assessment across the EIA community
