IEMA Webinar: The UK s new EIA Regulations and IEMA s new advice on assessing Health and Greenhouse Gas Emissions in EIA

Transcription

1 IEMA Webinar: The UK s new EIA Regulations and IEMA s new advice on assessing Health and Greenhouse Gas Emissions in EIA Peter Jones (IEMA) Josh Fothergill (IEMA) Ben Cave (BCA) Kristian Steele (ARUP) iema.net

2 IEMA Webinar: The UK s new EIA Regulations and IEMA s new advice on assessing Health and Greenhouse Gas Emissions in EIA On 16th May, the 2014 amendment to the EIA Directive become law across the UK s EIA regimes. But what does this mean for practice? What are the key messages in our new advisory documents on assessing Health and Greenhouse Gas Emissions? iema.net

3 Speakers Peter Jones Membership Service Coordinator IEMA Josh Fothergill Policy Lead IEMA Ben Cave Director Ben Cave Associates Kristian Steele Senior Consultant Arup iema.net

4 Webinar slides and recording IEMA records all webinars and publishes them alongside the slides at iema.net

5 Presentations

6 The UK s New 2017 EIA Regulations Josh Fothergill MIEMA CEnv Policy Lead Impact Assessment IEMA 17 May 2017 iema.net

7 Context EIA Directive, Changes and Transposition

8 Overview: Revising the EIA Directive EC Public Consultation EC proposals for revising EIA Directive EIA Directive amendment 2014/52/EU EU EIA Effectiveness Review New EIA Directive 2011/92/EU Proposal Revised by EU Parliament & Council Member State Transposition 16 May 2017

9 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 iema.net

10 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 Yesterday iema.net

11 The UK s EIA Regulations 2017

12 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

13 SI available online now:

14 Regulations 2 & 3 Reg 2: Interpretations Consultation Bodies Local Advertisement Monitoring Measure Environmental Impact Assessment - ish Reg 3 Remains the teeth of EIA Regs Unchanged; however, EIA now means something iema.net

15 Regulations 4 - New Reg 4(1) Definition of EIA: Preparation of ES Consultation and Publicity Cross Reference steps in Regulation 26 (?Gold-plating?) Reg 4(2) Core of Assessment LPA / SoS have / have access to sufficient expertise to examine ES iema.net

16 Regulation 4 (2)-(4): Subject Matter of Assessment Focus on significant effects on listed topics. Broader scope of issues to be considered: Population and human health Biodiversity, particular species and habitats 92/43/EEC & 2009/147/EC Land Soil Operational Effects Water Air Climate Material assets Cultural heritage Landscape Major Accidents & Disasters

17 Screening Parts 2 & 3

18 Regulation 6 (2) (a) (f) Enhanced screening request submission Current Screening Request - A Plan - Description of Development - Any other such information the developer wishes to provide Future 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

19 Regulation 76: Screening Transitional Arrangements Screening Screen request / screened prior to 16 May 2017 follow former 2011 Regs (as amended) screening in future. Screened on / after 16 May new Regulation for Screening. Potentially complex LPA to track for next few years. As such Consultants need to proactively manage for clients

20 Part 4: Preparing ES

21 Regulations Scoping Opinions Scoping Directions Reg 17 Informing LPA of intention to submit an ES Triggers LPA to contact CBs who are required to contact developer and indicate the environmental information they have available. iema.net

22 Part 5: ES Submission & Decisions

23 Regulation 18 Reg 18(3) Minimum Content of ES Makes reference to amended Schedule 4, reasonable alternatives amends Reg 18(4) ES based on latest scoping opinion Reg 18(5) Developer ensure ES prep Competent Experts Statement outlining expertise / qualifications iema.net

24 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 nt design, 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.net

25 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 the most recent scoping opinion where provided = Regulation 18 (4) (a)

26 Regulations 25 and 26 Reg 25 - Further Info Requests Directly relevant to reaching reasoned concs Suspend determination Reg 26 LPA / SoS Examine Env info Reach Reasoned Conclusions on Sign Effects Integrate Conclusions into decision If grant PP, consider whether monitor Up-to-date conclusions & Monitoring detail iema.net

27 Regulation 27: Co-ordination HRA UK Approach = Consistent across 22 EIA Regimes! Co-ordinated HRA and EIA, but NO wider linkages in Regulations Co-ordinated by LPA / SoS iema.net

28 Part 6: Directions and Decisions Availability Reg 29 Info accompany Decision Reasoned conclusions Conditions Design features & mitigation monitoring

29 Parts Specific cases 8. Unauthorised development 9. ROMP 10. Sign Transboundary Effects 11. Exemptions

30 Part 12: Miscellaneous Reg 64: Objectivity & Bias Reg 71: Review EIA Regs Reg 76: Transition and Revocation

31 Transitional Arrangements Regulation 76 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.

32 IEMA Support

33 IEMA 2017 EIA Regulations Roll-out 16 May: EIA Regulations launch conference, London Today!: EIA Regulations launch webinar 24 May: Scottish EIA Regulations launch conference 31 May: Welsh EIA Regulations workshop: Feat: Welsh Govt 13 July: Webinar on Major Accidents / Disasters 18 July: Liverpool,within Proportionate EIA Strategy launch event Nothing near you Organise one! With the IA Network & your Region

34 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 Yesterday Health Yesterday

35 Thank You Josh Fothergill iema.net

36 Questions and Answers

37 Questions and Answers Peter Jones Membership Service Coordinator IEMA Josh Fothergill Policy Lead IEMA Ben Cave Director Ben Cave Associates Kristian Steele Senior Consultant Arup iema.net

38 Thanks for joining us You ll be sent a link to a feedback survey and access to the slides & recording from today s session shortly