iaia’07 seoul korea 3-9 june 2007 growth, conservation and responsibility

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IAIA’07 IAIA’07 Seoul Korea Seoul Korea 3-9 June 2007 3-9 June 2007 Growth, Conservation and Responsibility Growth, Conservation and Responsibility SEA: the missing ring between SEA: the missing ring between directive and practise directive and practise To streamline bureaucratic EIA and SEA To streamline bureaucratic EIA and SEA procedures procedures Virginio Bettini Virginio Bettini University IUAV of Venice University IUAV of Venice Chiara Rosnati Chiara Rosnati University of Sassari University of Sassari

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IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility. SEA: the missing ring between directive and practise To streamline bureaucratic EIA and SEA procedures Virginio Bettini University IUAV of Venice Chiara Rosnati University of Sassari. Structural limits of EIA. - PowerPoint PPT Presentation

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Page 1: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

IAIA’07IAIA’07Seoul KoreaSeoul Korea

3-9 June 20073-9 June 2007

Growth, Conservation and ResponsibilityGrowth, Conservation and Responsibility

SEA: the missing ring between SEA: the missing ring between directive and practisedirective and practise

To streamline bureaucratic EIA and SEA To streamline bureaucratic EIA and SEA proceduresprocedures

Virginio BettiniVirginio BettiniUniversity IUAV of VeniceUniversity IUAV of Venice

Chiara RosnatiChiara RosnatiUniversity of SassariUniversity of Sassari

Page 2: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Structural limits of EIAStructural limits of EIA1.1. Limits in the preliminary analysis of the Limits in the preliminary analysis of the

examined areaexamined area2.2. Methodological limits concerning analysis Methodological limits concerning analysis

parametersparameters3.3. Limits related to the administrative Limits related to the administrative

proceduresprocedures4.4. Limits due to the control of EIA by the Limits due to the control of EIA by the

proponent proponent 5.5. Limits related to the public partecipation Limits related to the public partecipation

process: formal announcement to the process: formal announcement to the public public versusversus participation of the public participation of the public

Page 3: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Structural limits of EIAStructural limits of EIA Administrative procedures only begin Administrative procedures only begin

with definitive stage of project: the with definitive stage of project: the scoping stage is optional, and it is scoping stage is optional, and it is never carried outnever carried out

The environmental impact statement The environmental impact statement has to be carried out by the proponent: has to be carried out by the proponent: it is highly improbable that he would it is highly improbable that he would highlight all potential impacts of the highlight all potential impacts of the projectproject

Page 4: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

StructuralStructural limits of EIAlimits of EIA

The actions aimed at The actions aimed at public participationpublic participation are limited to a newspaper announcement. are limited to a newspaper announcement. It is very difficult to access the integral EIS It is very difficult to access the integral EIS and the observations by stakeholders are and the observations by stakeholders are often not consideredoften not considered

Page 5: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

StructuralStructural limits of EIAlimits of EIA

We can say with confidence that EIA is We can say with confidence that EIA is inadequate to guarantee a territorial inadequate to guarantee a territorial management on an environmental basismanagement on an environmental basis

Page 6: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

IS SEA an effective tool for IS SEA an effective tool for planning and planning and

management ???management ???

SEA should not be mistaken for SEA should not be mistaken for just a ‘large’ EIA applied to plans just a ‘large’ EIA applied to plans and programmesand programmes

SEA should not follow the same SEA should not follow the same procedural scheme as EIAprocedural scheme as EIA

Page 7: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

IS SEA an effective tool IS SEA an effective tool for planning and for planning and management ???management ???

It should not start when the plan is already It should not start when the plan is already definite, but rather it should be involved in definite, but rather it should be involved in selection and assessment of alternatives selection and assessment of alternatives (Directives 2001/42/CE: (Directives 2001/42/CE: The The environmental environmental assessmentassessment referred to in article 3 referred to in article 3 shall be shall be carried out during the preparation of a plan carried out during the preparation of a plan or programme and before its adoption or or programme and before its adoption or submission to the legislative proceduresubmission to the legislative procedure))

Page 8: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

IS SEA an effective tool for IS SEA an effective tool for planning and management planning and management

??????

SECTORAL SEA: mainly applied to a SECTORAL SEA: mainly applied to a specific sectorspecific sector

TERRITORIAL SEA: takes into TERRITORIAL SEA: takes into consideration all the activities and consideration all the activities and plans in a defined areaplans in a defined area

Page 9: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

IS SEA an effective tool IS SEA an effective tool for planning and for planning and management ???management ???

It is essential to carry out both a It is essential to carry out both a sectoral SEA and a thorough sectoral SEA and a thorough examination of the territory that would examination of the territory that would also takes into account other sectors also takes into account other sectors of planning (i.e. transportation, waste, of planning (i.e. transportation, waste, energy etc.)energy etc.)

Page 10: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

SEA and Public SEA and Public ParticipationParticipation

Public Participation is an essential part Public Participation is an essential part of SEA Process (as defined by the of SEA Process (as defined by the Directive 2001/42/CE and by the Directive 2001/42/CE and by the previous conventions of Aarhus and previous conventions of Aarhus and Expoo)Expoo)

Page 11: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

SEA and Public ParticipationSEA and Public Participation In order for the Public Participation to be In order for the Public Participation to be

truly effective it should:truly effective it should: Start in a preliminary stage of planningStart in a preliminary stage of planning

Contribute to the choice of indicators to be used Contribute to the choice of indicators to be used in the selection of alternatives and the weight to in the selection of alternatives and the weight to be attributed to the indicatorsbe attributed to the indicators

Actively involve all the interested stakeholders Actively involve all the interested stakeholders and it should not limit itself to a single act of and it should not limit itself to a single act of formal public consultationformal public consultation

Page 12: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

SEA and Public ParticipationSEA and Public Participation Two predominant approaches in the Two predominant approaches in the

international debate: international debate: Rationalist approach is based on the belief that Rationalist approach is based on the belief that

SEA has to be conducted by professionals SEA has to be conducted by professionals following absolute technical rigour following absolute technical rigour

SEA is centred on the Public Participation and SEA is centred on the Public Participation and negotiation in order to reach a consensusnegotiation in order to reach a consensus

These approaches are giving way to an These approaches are giving way to an intermediate position that prefers more intermediate position that prefers more integration between scientific rigour and integration between scientific rigour and consultationconsultation

Page 13: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

CCUMULATIVEUMULATIVE E EFFECTSFFECTS A ASSESSMENTSSESSMENT

A bridge between EIA and A bridge between EIA and SEASEA

Page 14: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

SEA and Cumulative Effects SEA and Cumulative Effects AssessmentAssessment

SEA allows for the verification of potential SEA allows for the verification of potential cumulative cumulative effectseffects because its typical spatial and temporal scales are because its typical spatial and temporal scales are more adequate more adequate to carry out a cumulative impact to carry out a cumulative impact assessment assessment than the scales adopted for environmental than the scales adopted for environmental assessment of a projectassessment of a project

The typical spatial and temporal scales of the planning The typical spatial and temporal scales of the planning and the related SEA process, are adequate to carry out a and the related SEA process, are adequate to carry out a cumulative impact assessment that could become a cumulative impact assessment that could become a reliable tool forreliable tool for

prediction, prediction, comparative selection between alternatives comparative selection between alternatives and a final choice consistent with the environmental goalsand a final choice consistent with the environmental goals

Page 15: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Horizon of C.E.A. as wider than Horizon of C.E.A. as wider than E.I.AE.I.A

SINGLE SUM OF PROJECTS

NO YES

YES YES

SHORT TERM MEDIUM-LONG TERM

Project

Spatial scale

past

present

future

Temporal scale

SPECIFIC SITE WIDE AREA

E.I.A.E.I.A. C.E.A.C.E.A.

Relationship with planning process

AT PROJECT LEVEL

AT PLAN AND PROGRAMME LEVEL

Page 16: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Cumulative effects refer to progressive environmental degradation over time arising from a range of activities throughout an area or region, even if each activity, considered in isolation, could possibly not be a significant contributor

A. Gilpin, 1995

‘‘Cumulative effects’ definitionCumulative effects’ definition

Page 17: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Effects that results from incremental changes caused by the plan together with other past, present and reasonably foreseeable actions

ODPM – 2002 –

Draft Guidance on the Strategic Environmental Assessment, prepared by Levett-Therivel Sustainability Consultants

‘‘Cumulative effects’ definition Cumulative effects’ definition for SEAfor SEA

Page 18: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

EC Directives Environmental Impact Assessment (EIA) (85/337/EEC)

Amendment Directive on EIA (97/11/EC) (2003/35/CE)

Habitat Directive (92/43/EEC) amended by 97/62/EC

Strategic Environmental Assessment (2001/42/EC)

Implementing Italian Regulations

EIA (L.349/86) application fields: DPCM 377/88 and 12/27/88 DPR 4/12/96

Dlgs. 152/2006 currently under revision

DPR 357/97 amended by DPR 120/2003

Dlgs. 152/2006 currently under revision

Relevant section of regulation or directive

Annex 3 (4): a description of likely significant effects of the proposed project should include the ‘cumulative’ effects of the project

Schedule 4 part I: a description of the likely significant effects to include cumulative effects & selection criteria for screening schedule 2 developments includes ‘cumulation with other projects’

Part IV (48) An ‘appropriate assessment’ should be carried out by a competent authority before authorising a plan or project which is likely to have significant effect on a European site either alone or in combination with other plans and projects

EC Directive: Annex I: Information to be provided in the environmental report on the likely significant effects to include ‘cumulative and synergistic’ effects & annex II on the criteria for determining likely significance of effects should include the ‘cumulative nature of the effects’

Applications Projects Projects Projects and plans affecting special Areas of Conservation

Plans and programmes

Requirement Environmental statement

Environmental statement

Appropriate assessment Environmental report

European and national regulations requiring consideration of cumulative effectsEuropean and national regulations requiring consideration of cumulative effects

Page 19: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

IS SEA an effective tool IS SEA an effective tool for planning and for planning and management ???management ???

Anyway, SEA seems to come to the Anyway, SEA seems to come to the same dead end in which EIA is same dead end in which EIA is trapped, a route that surely does not trapped, a route that surely does not lead to efficient territorial lead to efficient territorial management, but to a further management, but to a further bureaucratic load without positive bureaucratic load without positive results!results!

Page 20: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Dlgs. 156/2006Dlgs. 156/2006The Unique Text on environmental issuesThe Unique Text on environmental issues

Critical reading of SEA Critical reading of SEA Directive interpretation in the Directive interpretation in the

new Italian legislation new Italian legislation regarding ‘rules on regarding ‘rules on

environmental issues’environmental issues’

Page 21: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

SEA according to EU Directive SEA according to EU Directive 2001/42 CE 2001/42 CE versusversus its its

interpretation in the Italian Unique interpretation in the Italian Unique Text (UT)Text (UT)

Page 22: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

““People who enjoy eating sausage and obeying People who enjoy eating sausage and obeying the lawthe law

should not watch either being made”should not watch either being made”Otto Von BismarckOtto Von Bismarck

E.U. DirectivesPeople who enjoy eating sausage and obeying the law should not watch either being made. . People who enjoy eating sausage And obeying the law should not watch either being made..

People who enjoy eating sausage and obeying the law should not watch either being made..

People who enjoy eating sausage and obeying the law should not watch either being made.. People who enjoy eating sausage And obeying the law should not watch either being made..

Translation issues

Political interests

Routine behaviour Italian D.Lgs

People who enjoy eating sausage and obeying the law should not watch either being made. . People who enjoy eating sausage And obeying the law should not watch either being made..

People who enjoy eating sausage and obeying the law should not watch either being made..

People who enjoy eating sausage and obeying the law should not watch either being made.. People who enjoy eating sausage And obeying the law should not watch either being made..

Page 23: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Unique Text (UT)Unique Text (UT) Italian interpretation of SEA Italian interpretation of SEA

UT does not take into account the UT does not take into account the methodological approach derived from several methodological approach derived from several SEA applications carried out in different SEA applications carried out in different sectors by different EU countriessectors by different EU countries

UT does not catch the spirit of the EU UT does not catch the spirit of the EU Directive that would stimulate more attention Directive that would stimulate more attention for environmental items within plan and for environmental items within plan and programme process. programme process.

On the contrary, UT follows the similar scheme On the contrary, UT follows the similar scheme adopted for the environmental assessment of adopted for the environmental assessment of a project (EIA)a project (EIA)

Page 24: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Analogies with EIA Analogies with EIA procedureprocedure

UT considers SEA as an authorization procedure UT considers SEA as an authorization procedure and not a part of the planning process. and not a part of the planning process.

In UT, the judgement should be emitted by a In UT, the judgement should be emitted by a different authority than that which develops the different authority than that which develops the plan/programmeplan/programme

The authority in charge of the assessment is The authority in charge of the assessment is the so-called ‘technical-advisory commission for the so-called ‘technical-advisory commission for the environmental assessments’the environmental assessments’

Page 25: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Analogies with EIA Analogies with EIA procedureprocedure

This commission should evaluate the This commission should evaluate the environmental report and the documents environmental report and the documents provided by the authority that has drawn up provided by the authority that has drawn up the plan/programme and, within 45 days, the plan/programme and, within 45 days, should deliver the compatibility judgmentshould deliver the compatibility judgment

The commission could dictate prescriptions The commission could dictate prescriptions and the authorization is subordinated to the and the authorization is subordinated to the adoption of ‘specific modifications and adoption of ‘specific modifications and integrations to the plan/programme assessed’integrations to the plan/programme assessed’

Page 26: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Considerations about the Unique Considerations about the Unique TextText

In the UT, the introduction of a post –evaluation In the UT, the introduction of a post –evaluation seems to originate from an incorrect translation of seems to originate from an incorrect translation of the EU Directive 2001/42 CE from English, or the EU Directive 2001/42 CE from English, or French, into Italian:French, into Italian:

Article 2Article 2b) ‘environmental assessment’ shall mean the b) ‘environmental assessment’ shall mean the preparation of an environmental report, the carrying preparation of an environmental report, the carrying out of consultations, the out of consultations, the taking into accounttaking into account of the of the environmental report and the results of the environmental report and the results of the consultations in decision-making and the provision of consultations in decision-making and the provision of information on the decision in accordance with articles information on the decision in accordance with articles 4 to 94 to 9

Page 27: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Considerations about the Unique Considerations about the Unique TextText

In the Italian version the phrase In the Italian version the phrase the the taking into accounttaking into account has been has been freelyfreely translated with a word translated with a word valutazionevalutazione that that means means assessmentassessment

Page 28: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Consequences of this Consequences of this misunderstanding:misunderstanding:

Conflict of interests between judging Conflict of interests between judging body and planning agency, which are body and planning agency, which are both public administratorsboth public administrators

Bureaucratic red tape, without efficient Bureaucratic red tape, without efficient resultsresults

Page 29: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Review of Dgl.152/2006 Review of Dgl.152/2006 Draft of the new SEA-EIA-IPPC TextDraft of the new SEA-EIA-IPPC Text

Has anything changed?Has anything changed?

Page 30: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Draft of the new SEA-EIA-IPPC TextDraft of the new SEA-EIA-IPPC Text

SEA definition (art.2)SEA definition (art.2) Process that includes:Process that includes:

a.a. Screening: process of determining whether or Screening: process of determining whether or not SEA is required for a particular not SEA is required for a particular plan/programmeplan/programme

b.b. The development of an environmental reportThe development of an environmental reportc.c. Public consultationsPublic consultationsd.d. The assessment of the report and of the The assessment of the report and of the

results of consultationsresults of consultationse.e. Carrying out of a motivated judgmentCarrying out of a motivated judgmentf.f. The announcement of the decision and of the The announcement of the decision and of the

monitoring programmemonitoring programme

……..that is a large EIA!..that is a large EIA!

Page 31: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Draft of the new SEA-EIA-IPPC TextDraft of the new SEA-EIA-IPPC Text

SEA designed as a SEA designed as a bureaucratic – procedural bureaucratic – procedural

instrumentinstrument

Cap. II, art.8, par. 7Cap. II, art.8, par. 7

“ “SEA is an integral part of adoption SEA is an integral part of adoption and approval procedures of and approval procedures of plan/programme. Authorizations plan/programme. Authorizations given without Strategic given without Strategic Environmental Assessment are Environmental Assessment are invalidatedinvalidated

Page 32: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Draft of the new SEA-EIA-IPPC TextDraft of the new SEA-EIA-IPPC Text

SEA definition (art.2)SEA definition (art.2)

The need for Cumulative Effects The need for Cumulative Effects Assessment is mentioned only once and Assessment is mentioned only once and in an unclear way, within the definition in an unclear way, within the definition of ‘environmental assessment’:of ‘environmental assessment’: Change in the environment that could be Change in the environment that could be

qualitative and/or quantitative, direct and qualitative and/or quantitative, direct and indirect, short, medium and long-term, indirect, short, medium and long-term, permanent and temporary, single and permanent and temporary, single and cumulative, positive and negative.cumulative, positive and negative.

Page 33: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Draft of the new SEA-EIA-IPPC TextDraft of the new SEA-EIA-IPPC Text

PartecipationPartecipation

Not only Not only ParticipationParticipation but also but also Decisional Decisional DemocracyDemocracy, or even better , or even better Hearing Hearing DemocracyDemocracy

(Ginsborg P., 2006, la democrazia che non c’è,(Ginsborg P., 2006, la democrazia che non c’è,Einaudi Torino)Einaudi Torino)

Page 34: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Draft of the new SEA-EIA-IPPC TextDraft of the new SEA-EIA-IPPC Text

PartecipationPartecipation

Following the French model Following the French model exampleexample

Law that defines “Law that defines “the democracy of the democracy of proximityproximity”, that imposes public hearing ”, that imposes public hearing when decisions regarding great when decisions regarding great communities must be taken communities must be taken

Procedure managed by an independent Procedure managed by an independent agency: the “agency: the “Commission National du Commission National du Débat PublicDébat Public” formed by politicians, ” formed by politicians, citizen representatives, environmentalist citizen representatives, environmentalist associations, judgesassociations, judges

Page 35: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Draft of the new SEA-EIA-IPPC TextDraft of the new SEA-EIA-IPPC Text

PartecipationPartecipation

French ModelFrench Model Development of independent researchesDevelopment of independent researches Information available to the publicInformation available to the public Organization of local debatesOrganization of local debates Decisions that really take into account the Decisions that really take into account the

results of the consultationsresults of the consultations

(Rapport Annuel 2005-2006, Commission Nationale du(Rapport Annuel 2005-2006, Commission Nationale duDébat Public)Débat Public)

Page 36: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Draft of the new SEA-EIA-IPPC TextDraft of the new SEA-EIA-IPPC Text

Environmental sustainabilityEnvironmental sustainability The principle of integration regarding the The principle of integration regarding the

objectives of environmental sustainability objectives of environmental sustainability (cap II art.8, par. 7)(cap II art.8, par. 7) should be based on the should be based on the following parameters:following parameters:

Carrying capacityCarrying capacity

Ecological FootprintEcological Footprint

Impact on climateImpact on climate

Page 37: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Other confusions on an international Other confusions on an international scalescale

Confusion of terms: SEA (Confusion of terms: SEA (Strategic Strategic Environmental AssessmentEnvironmental Assessment) and SIA ) and SIA ((Sustainability Impact AssessmentSustainability Impact Assessment). SIA is ). SIA is also the acronym of also the acronym of Social Impact Social Impact AssessmentAssessment

Need for a critical analysis of the European Need for a critical analysis of the European experienceexperience Kirckpatrick C., George C., 2006, Kirckpatrick C., George C., 2006, Methodological Methodological

issues in the Impact Assessment of Trade Policy: issues in the Impact Assessment of Trade Policy: experience from European Commission’s experience from European Commission’s Sustainability Impact Assessment (SIA) Sustainability Impact Assessment (SIA) programmeprogramme, Impact Assessment and Project , Impact Assessment and Project Appraisal, 24,4, december 2006, 325-334Appraisal, 24,4, december 2006, 325-334

Page 38: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Sustainability Impact Assessment and Sustainability Impact Assessment and IAIAIAIA

Need for a discussion at an international level on Need for a discussion at an international level on the scientific reliability of Sustainability Impact the scientific reliability of Sustainability Impact AssessmentAssessment

Sustainability Assessment experimentations: Sustainability Assessment experimentations: need for a review to verify if a ‘need for a review to verify if a ‘comprehensive comprehensive adoption and more consistent application’adoption and more consistent application’ could could be accepted.The theoretical analysis carried out be accepted.The theoretical analysis carried out by Robert Gibson is not sufficient by Robert Gibson is not sufficient (Gibson R.B., 2006, Sustainability assessment: basic (Gibson R.B., 2006, Sustainability assessment: basic

components of a practical approach, Impact components of a practical approach, Impact Assessment and Project Appraisal, 24, 3, september Assessment and Project Appraisal, 24, 3, september 2006, 170-182))2006, 170-182))

Page 39: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

EA and IAIAEA and IAIAwhich contents?which contents?

SEA-EIA-IPPC TextSEA-EIA-IPPC TextArt.19, par. 3Art.19, par. 3 IAIA ProposalIAIA Proposal

Project descriptionProject description Analysis of the Analysis of the interested area (LE –interested area (LE –UE)UE)

Measures to avoid, Measures to avoid, minimize and minimize and compensate impactscompensate impacts

Definition of Definition of reversible/irreversible reversible/irreversible impactsimpacts

Assessment of the Assessment of the main impacts on main impacts on environment and environment and cultural heritagecultural heritage

Assessment of the Assessment of the irreversibility of irreversibility of impacts (if any)impacts (if any)

Rough description of Rough description of the main alternativesthe main alternatives

Definition of Definition of alternatives alternatives (compensation, other (compensation, other location, do nothing)location, do nothing)

Page 40: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

CASE STUDYCASE STUDY

How the SEA should not be carried outHow the SEA should not be carried out

The SEA on Energy PlanThe SEA on Energy PlanSardinia Region (Italy)Sardinia Region (Italy)

Page 41: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the planning process: the case of the

SardiniaSardiniaRegion energy planRegion energy plan

In the regional SEA guidelines it is written:In the regional SEA guidelines it is written:

SEA of P/P is a continous process integrated in the SEA of P/P is a continous process integrated in the planning processplanning process

SEA is an open process that, through the integration SEA is an open process that, through the integration of environmental considerations from the first of environmental considerations from the first stages of development and adoption of the plan, stages of development and adoption of the plan, permits the introduction of environmental quality permits the introduction of environmental quality goals in the politics of economic and social goals in the politics of economic and social development and represents a tool for the development and represents a tool for the promotion of sustainable developmentpromotion of sustainable development

Page 42: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the planning process: the case of the

SardiniaSardiniaRegion energy planRegion energy plan

The Regional SEA guidelines define:The Regional SEA guidelines define:

the contents of the Environmental report, the contents of the Environmental report, the need for a correlation with the other the need for a correlation with the other

sectoral plans, sectoral plans, The need for the analysis of different The need for the analysis of different

alternatives, including the zero optionalternatives, including the zero option The essential role of public participation that The essential role of public participation that

should start before the plan adoptionshould start before the plan adoption

Page 43: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the planning process: the case of the

SardiniaSardiniaRegion energy planRegion energy plan

All the directives of the SEA guidelines All the directives of the SEA guidelines are very good propositionsare very good propositions

…….. but from theory to practice .. but from theory to practice …………

Page 44: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Plan designPlan design

Definitive adoption of the planDefinitive adoption of the plan

Adoption of the plan Adoption of the plan and SEA guidelinesand SEA guidelines

scopingscoping

Environmental Report draftingEnvironmental Report drafting

Adjustment of plan an ERAdjustment of plan an ER

Information and participationInformation and participation

Page 45: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the planning process: the case of the

SardiniaSardiniaRegion energy planRegion energy plan

The phases of the plan design are not The phases of the plan design are not known…..known…..

What are the alternatives considered?What are the alternatives considered? What are the indicators used to select the What are the indicators used to select the

plan proposed?plan proposed? Why should this plan be better than others?Why should this plan be better than others? Why does the public involvement only start Why does the public involvement only start

when the plan has already been defined?when the plan has already been defined?

Page 46: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the planning process: the case of the

SardiniaSardiniaRegion energy planRegion energy plan

The exercise is focused on the The exercise is focused on the analysis of a analysis of a planned incineratorplanned incinerator that will be built in an industrial that will be built in an industrial area located in the centre of area located in the centre of SardiniaSardinia

Page 47: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the planning process: the case of the

SardiniaSardiniaRegion energy planRegion energy plan

Energy production of 40 MW by the Energy production of 40 MW by the burning of:burning of:

dry waste (20 MW)dry waste (20 MW) (recycling rate of 50%) (recycling rate of 50%)

BiomassBiomass (20 MW) supplied by (20 MW) supplied by• forestry management, forestry management, • non food agriculture, non food agriculture, • gradual substitution of non autochthonous gradual substitution of non autochthonous

plants with endemic species etc. plants with endemic species etc.

Page 48: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Catchment areaCatchment area

Inhabitants in Sardinia: 1,632,000Inhabitants in Sardinia: 1,632,000

Inhabitants in the catchment area: 800,000Inhabitants in the catchment area: 800,000

Page 49: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the Sardiniaplanning process: the case of the Sardinia

Region energy planRegion energy plan

In the intention of the Regional In the intention of the Regional Administration, this plant could solve Administration, this plant could solve many problems:many problems:

Energy needs of the industrial districtEnergy needs of the industrial district Waste managementWaste management Promotion of employment in a depressed Promotion of employment in a depressed

areaarea

Page 50: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the Sardiniaplanning process: the case of the Sardinia

Region energy planRegion energy plan

Traffic congestion due to the transport of Traffic congestion due to the transport of waste and biomass from the 65% of Sardinian waste and biomass from the 65% of Sardinian territory to the incinerator site. territory to the incinerator site. Nearly total absence of transport systems that connect Nearly total absence of transport systems that connect the site with the whole catchment area:the site with the whole catchment area:

No highways (only one main road, SS 131 and No highways (only one main road, SS 131 and some secondary roads)some secondary roads)

No railwaysNo railways No portsNo ports No airportsNo airports

However, this plant could However, this plant could also create also create many problemsmany problems::

Page 51: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the Sardiniaplanning process: the case of the Sardinia

Region energy planRegion energy plan

Increase of atmospheric pollution in an Increase of atmospheric pollution in an already contaminated area:already contaminated area: 40 years of petrochemical production,40 years of petrochemical production,Lack of selection criteria for the location of different Lack of selection criteria for the location of different activities in the industrial districtactivities in the industrial district

Coexistence of industrial plants, which reveal high Coexistence of industrial plants, which reveal high levels of mutual incompatibility, (i.e. thermal treatment levels of mutual incompatibility, (i.e. thermal treatment plant of carcasses and slaughter wastes near a dairy plant of carcasses and slaughter wastes near a dairy plant, a tannery and a pasta factory)plant, a tannery and a pasta factory)

problemsproblems

Page 52: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Dairy Plant

Waste Treatment

Tannery

Pasta Factory

Page 53: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the Sardiniaplanning process: the case of the Sardinia

Region energy planRegion energy plan

Need for a special landfill for the Need for a special landfill for the disposal of residual combustion disposal of residual combustion productsproducts

• There is no toxic landfill in Sardinia There is no toxic landfill in Sardinia

problemsproblems

Page 54: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the Sardiniaplanning process: the case of the Sardinia

Region energy planRegion energy plan

Potential incompatibility between the functioning Potential incompatibility between the functioning of incinerator andof incinerator and

• waste recycling waste recycling (the need for 200,000 tons/year of ‘dry waste fuel’ (the need for 200,000 tons/year of ‘dry waste fuel’ from a wide area means that if this is not available, from a wide area means that if this is not available, it would be necessary to use recyclable waste….)it would be necessary to use recyclable waste….)

• forestry managementforestry management (‘civic uses’ involve a local consumption of wood (‘civic uses’ involve a local consumption of wood from forestry cleaning). The quantity needed for the from forestry cleaning). The quantity needed for the incinerator functioning is not guaranteedincinerator functioning is not guaranteed

problemsproblems

Page 55: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Studying the application of SEA to a Studying the application of SEA to a planning process: the case of the Sardiniaplanning process: the case of the Sardinia

Region energy planRegion energy plan

Nimby syndromeNimby syndrome

• Coalition of citizens is organizing a strong Coalition of citizens is organizing a strong opposition to the incineratoropposition to the incinerator

• Several meetings are taking place in the Several meetings are taking place in the involved towns with the participation of involved towns with the participation of representatives of anti-incinerator groupsrepresentatives of anti-incinerator groups

• The regional aministrators are absent…. The regional aministrators are absent….

problemsproblems

Page 56: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

Even considering only the planned incinerator, the energy plan appears strongly connected with transport, waste, agriculture and forestry plans.

There is the needs for a territorial S.E.A. that could verify the compatibility of all plans together

Studying the application of SEA to the Studying the application of SEA to the planning process: the case of the Sardinia planning process: the case of the Sardinia

Region energy planRegion energy plan

Page 57: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

OCTOCT NOVNOV DECDEC

2005JANJAN FEBFEB MARMAR APRAPR MAYMAY JUNJUN JULJUL AUGAUG SEPSEP OCTOCT NOVNOV DECDEC

2006JANJAN FEBFEB MARMAR APRAPR MAYMAY JUNJUN

2007

Presentation of plan and SEA mandate

Pre-scoping

Plan and SEA guideline adoption

SEA process

Scoping

Environmental Report (ER)

Information and input

Public participation

Plan and ER adjustment

Definitive adoption of plan and ER

Information on the decision

Final forum

Time sequence of planning processTime sequence of planning process

Page 58: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

SEA stepsSEA stepsstepstep goalsgoals procedureprocedure Involved Involved

actorsactors sitesite timetime

Pre-scoping

Presentation of plan structure and guidelines for ER drafting and for consultation management (ER contents, partecipation process steps)

Meetings between those involved with developing the plan and assisting the SEA process

Industry andEnvironmentalDepartmentsUniversity of Cagliari

Sardinia Region office

December 2005 – July 2006

Guidelines approval

SEA Guidelines approval following the review of the pre-scoping meetings

Guidelines attached to the regional resolution regarding the plan adoption

Regional Council - By August

2006

beginning of SEA process

Giving information to the public on the beginning of SEA process

Regional newspapers and Sardinia Region website advertisement.The website has the following functions:to provide documents and to inform on procedures and process stepsTo collect the signature of specific interest groups from a detailed form.

Industry DepartmentEnvironmentalDepartment

-

Concomitant to the publication of plan adoption decree

Page 59: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

SEA stepsSEA stepsstepstep goalsgoals procedureprocedure Involved Involved

actorsactors sitesite timetime

Scoping

Collection of observations on the plan, identification of common scenario and of the information to be included in the ER and its level of detail

Scoping will be carried out through information phase and a collection of contributions by environmental competent agencies, in order that the involvement be as wide as possible i.e: one day workshopThe results of the scoping will be published on the website

All the authorities interested in the environmental effects of the plan and its realization i.e. industry, forestry and env. departments, Reg. EPA.agenda21 involvement is optional

CagliariSite that permits a

subdivision of

workgroups working

individually

Sept - Oct 2006

ER draftingimprovement of the adopted plan and ER drafting

Integration of the plan according to the indications provided by the authorities involved in the scoping step

Industry Department, with university advice

- Oct- Dec 2006

Plan, ER, non-technical synthesis should be made available to authorities and public

Public information and acquisition of opinions

All the documents and the structure of the process will be available on the websiteThe non-technical synthesis will be left in the provincial and regional offices, advertised in the newspaper.The opinions shall be sent in written form to the Industry and Environment Departement, within 45 days

Industry Departement - Jan 2007

Page 60: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

SEA stepsSEA stepsstepstep goalsgoals procedureprocedure Involved Involved

actorsactors sitesite timetime

Consultation and participation

Collection of observations on the plan, and on the ER; identification of goals and actions

consultation will be carried out by informing those concerned and by collecting contributions by authorities involving in scoping and all those interested in environmental effects. i.e: one day workshop for every items. The results of the scoping will be published on the website

In addition to those involved in the scoping step:Environmentalist organizations, citizen committees etc.

Different sites, depending on the item

Jan – Mar 2007

Plan and ER adjustement, in accordance of participation results

Integration of the plan following the indications by participation process (compensation and mitigation measures, monitoring etc.)

Industry Department, with university advice

-Apr – May 2007Adjustement of plan and

ER

Adoption of plan and ER

Definitive adoption of the plan

Plan and ER are definitively adopted in accordance with the procedural rules. Monitoring meseaures are also approved

Regional Council - Jun 2007

Page 61: IAIA’07 Seoul Korea 3-9 June 2007 Growth, Conservation and Responsibility

SEA stepsSEA stepsstepstep goalsgoals procedureprocedure Involved Involved

actorsactors sitesite timetime

Information on the decision

After the Plan approval, Authorities and the public should be adequately informed

The documents of approval should be available to the Public, together with the documentation of the proponent, who should put these documents on the regional website, and publish the announcement of their availability in BURAS and in Regional Newspapers

Industry Department, with university advice

Jun 2007

Final forum Definitive Plan and ER Presentation

Open conference to illustrate the essential contents of the plan and ER and of the results of the participation process

Industry and Environment Departments, university, public and authorities involved in the previous steps

Cagliari Jun 2007