UK EIA Regulations 2017 IEMA Launch Event

Transcription

1 UK EIA Regulations 2017 IEMA Launch Event Rufus Howard BSc LLM FIEMA CEnv PEIA MIoD 15 th May 2017

2 Why am I here? Sharing thoughts on the New EIA Regulations Discuss Screening and Scoping Changes Thoughts on Proportionate EIA 2

3 Question 1: "Are we part of an Impact Assessment - Industrial Complex?

4 Impact Assessment - Industrial Complex? Ends Directory Over 1000 Consultancies listed 95,000 Staff in AECOM alone Nearly 40 years (1969) globally, over 30 Years in EU The UK has at least 22 sets of EIA Regulations 100K to 8,000, ,000 on Printing 4

5 2005 to 2013 Trends Over Time Oct-05 Nov-05 Aug-07 Dec-09 Sep-11 Oct-11 Jan-12 Oct-12 Nov-12 Aug-13 Greater Gabbard Thanet Sheringham Shoal Dudgeon Kentish Flats Extension Galloper Triton Knoll Sea Green East Anglia 1 Dogger Bank Creyke Beck Environmental Statement (Page Length) Scoping Report (Page Length)

6 Where do I fit in? Director of Sustainable Development RHDHV Chairman of IEMA Impact Assessment Network IEMA Strategic Advisory Board Registered Principal EIA Practitioner Chartered Environmentalist and Fellow of IEMA Biodiversity Env. Management BSc & Env. Law Masters PhD in Management Advising the World Bank on the development of a global ESIA Accreditation System for the new ESF Leading the Industry Evidence Programme Pilot

7 2014/52/EU - European Commission Goals Core Rule: Maintain the level of environmental protection established within the existing EIA Directive Aim: To drive Effective EIA across the EU, via 3 themes: Harmonisation between Member States Efficiency to streamline multiple EU assessments & reduce burdens Quality moving away from a purely procedural focus in EIA laws

8 Summary: Key Changes 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

9 Question 2: Are you minded to carry out development?

10 Plain English General provisions relating to screening 5. (1) Subject to paragraph (3) and regulation 63, the occurrence of an event mentioned in paragraph (2) shall determine for the purpose of these Regulations that development is EIA development. 3) A direction of the Secretary of State shall determine for the purpose of these Regulations whether development is or is not EIA development. Exemptions 63. (1) The Secretary of State may direct that a proposed development is exempt from the requirements of these Regulations where a)the circumstances are exceptional and the Secretary of State considers that (i)compliance with these Regulations in respect of the development would have an adverse effect on the fulfilment of the development s purpose; and (ii)(despite an EIA not being carried out) the objectives of the Directive will be met; or (b)the development comprises or forms part of a development having national defence as its sole purpose, or comprises a development having the response to civil emergencies as its sole purpose, and in the opinion of the Secretary of State compliance with these Regulations would have an adverse effect on those purposes. (2) The events referred to in paragraph (1) are (a)the submission by the applicant or appellant in relation to that development of a statement referred to by the applicant or appellant as an environmental statement for the purposes of these Regulations; or (b)the adoption by the relevant planning authority of a screening opinion to the effect that the development is EIA development. 10

11 Plain English Cont. (4) Where a relevant planning authority or the Secretary of State has to decide under these Regulations whether Schedule 2 development is EIA development, the relevant planning authority or Secretary of State must take into account in making that decision (a)any information provided by the applicant; (b)the results of any relevant EU environmental assessment which are reasonably available to the relevant planning authority or the Secretary of State; and (c)such of the selection criteria set out in Schedule 3 as are relevant to the development. SCHEDULE 3: SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT 11

12 Schedule 3 - Screening Characteristics of development 1. The characteristics of development must be considered with particular regard to (a)the size and design of the whole development; (b)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). 12

13 Schedule 3 - Screening Location of development 2. (1) The environmental sensitivity of geographical areas likely to be affected by development must be considered, with particular regard, 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 that there is such a failure; (vii)densely populated areas; (viii)landscapes and sites of historical, cultural or archaeological significance. 13

14 Schedule 3 - Screening 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 in paragraphs 1 and 2 above, 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. 14

15 Decision Time (5) Where a relevant planning authority adopts a screening opinion under regulation 6(6), or the Secretary of State makes a screening direction under regulation 7(5), the authority or the Secretary of State, as the case may be, must (a)state the main reasons for their conclusion with reference to the relevant criteria listed in Schedule 3; (b)if it is determined that 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; and (c)send a copy of the opinion or direction to the person who proposes to carry out, or who has carried out, the development in question. 15

16 Screening: Information to be Provided Old Screening Request A Plan Description of Development Any other such information the developer wishes to provide New Screening Request A Plan Description of Development Development proposal Sensitivities of proposed location Aspects of Env likely to be significantly affected Description of likely significant effects from a list of specifics Any other information, developer wishes to provide incl: mitigation +Schedule 3 Criteria

17 Mitigated F.O.N.S.I. Applicant 6) 2. e) such other information or representations as the person making the request may wish to provide or make, including any features of the proposed development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment. Authority 5) (b) if it is determined that 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; and 17

18 F.O.N.S.I Busters Stakeholders Requests for Further Information / Detail and the Precautionary Principle Lack of Information/Data from Developer Rochdale Envelopes Authority: How to secure, enforce, fund and monitor mitigations? Will they work? 18

19 Question 3: 'Why bother scoping?

20 Scoping Broader scope of issues to be considered: Population and human health Biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC(a) and Directive 2009/147/EC(b) (e.g flora and fauna) Land (e.g. land take) Soil (e.g. organic matter, erosion, compaction, sealing) Water (e.g. hydromorphological changes, quantity and quality) Air Climate (e.g. greenhouse gas emissions, impacts relevant to adaptation; vulnerability of project to climate change.) Material assets Cultural heritage (including architectural and archaeological aspects) Landscape. Major accidents and / or disasters

21 Scoping 15. (1) A person who is minded to make an EIA application may ask the relevant planning authority to state in writing their opinion as to the scope and level of detail of the information to be provided in the environmental statement (a scoping opinion ). (i)a plan sufficient to identify the land; (ii)a brief description of the nature and purpose of the development, including its location and technical capacity; (iii)an explanation of the likely significant effects of the development on the environment; and (iv)such other information or representations as the person making the request may wish to provide or make; 18 (f) any additional information specified in Schedule 4 relevant to the specific characteristics of the particular development or type of development and to the environmental features likely to be significantly affected. 21

22 Additional Bits 18 (4) An environmental statement must (a)where a scoping opinion or direction has been issued in accordance with regulation 15 or 16, be 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 subject to that opinion or direction); (b)include the information reasonably required for reaching a reasoned conclusion on the significant effects of the development on the environment, taking into account current knowledge and methods of assessment; and (c)be prepared, taking into account the results of any relevant UK environmental assessment, which are reasonably available to the person preparing the environmental statement, with a view to avoiding duplication of assessment. 22

23 Industry Evidence Programme (IEP) The Goals of the IEP are to: Focus EIA on the significant environmental topics Identify topics of negligible concern Identify topics with established mitigations that reliably reduce significance Identify topics with likelihood of significant adverse effects Provide a central hub for evidence, good practice and guidance Provide standardised and verified mitigation solutions Provide standardised templates for conditions Provide standardised monitoring for impacts during construction and operation Provide evidence to support decisions that lead to a proportionate EIA Reduce costs and programme for developers, regulators and stakeholders Provide greater legal and scientific certainty for all stakeholders Establish knowledge gaps to direct further research

24 Steering Committee 24

25 Existing Model EIA Screening Scoping Baseline Missing link EIA Mitigation Plans HRA / WFD Monitoring 25

26 Proposed New Model IA Screening Desk Based Baseline IA (Inc. HRA/WFD)? Front Loaded Additional Scoping Baseline Industry Evidence Programme Missing link complete via IEP Adaptive Monitoring Mitigation & Management Plans 26

27 Summary Marine Archaeology of Project Of 50 they Offshore 117 Wind Major Farms over impacts 17 years identified how many were substantively mitigated? 90% (exc. Visual) 3000 documents, 19 GB data, typically 18 EIA chapters 10 postgrad researchers, expert survey, workshops 117 Major Adverse identified. Median: 2, Range: What are the two most frequently cited major impacts? Marine Archaeology Landscape and Visual (Seascape) Of the 25 Major archaeological impacts how many were mitigated to below significant thresholds? 90% Of the 24 Major visual impacts how many were mitigated to below significant thresholds? 0% 27

28 Any 28