The new EIA Directive (2014/52/EU) and UK Water Impact Assessment Practice. Steve Mustow, WYG, September 2016

Transcription

1 The new EIA Directive (2014/52/EU) and UK Water Impact Assessment Practice Steve Mustow, WYG, September 2016

2 Introduction How Water Impact Assessment (WIA) practice will be affected by the transposition of the amended EIA Directive into UK legislation. Key elements of the new EIA Directive identified. Assessment of extent to which existing guidance and practice already meet these new requirements through a review of: relevant guidance selected Environmental Statements (ESs) Key areas where WIA practice needs to be adapted to take account of the new requirements identified. Requirements for new or improved guidance identified.

3 Introduction Despite Brexit likely that the new EIA Directive will be transposed in the UK The quality of WIAs in England and Wales previously reviewed by Badret al. (2004). Broad definition of WIA adopted, including the elements included by Morris and Therivel(2001) under the headings of : Water Freshwater ecology Coastal ecology and geomorphology Overview of the implications of the new EIA Directive for general EIA practice in England provided by Fischer et al. (2016).

4 Key requirements of new EIA directive relating to WIA 1 Use of water resources 2 Evolution of baseline water environment in the absence of development 3 Climate change / climate change adaptation, Human Health and Biodiversity 4 Uncertainties 5 Monitoring and post-project analysis 6 Major accidents and disasters

5 Key requirements of new EIA directive relating to WIA 7 Competent experts 8 Wastewater types and quantities may require consideration if this falls under definition of waste 9 Hydromorphological changes, quantity and quality given as an example 10 Water Framework Directive Member States to provide for coordinated and/or joint procedures

6 Current WIA guidance in the UK General Planning Practice Guidance (Department for Communities & Local Government, 2016) Design Manual for Roads & Bridges (The Highways Agency et al., 2009) Transport Analysis Guidance (Department for Transport, 2015) WIA Guidance (Morris & Therivel, 2001) Green Leaves III (Gormley et al., 2011) Aquatic Ecology Guidelines for Ecological Impact Assessment in the UK and Ireland (CIEEM, 2016)

7 Current WIA guidance in the UK Marine Marine Management Organisation Guidance (MMO, 2014) SNH Guidance (Scottish Natural Heritage, 2013) BSI EIA Guide for Offshore Renewables(BSI, 2015) WFD Assessing new modifications for compliance with WFD: detailed supplementary guidance (Environment Agency, 2010) UKTAG Guidance (UK TAG, 2016) IEMA Guidance on Integrating WFD into EIA (Murphy, 2012) Climate Change and Health Impact Assessment IEMA Climate Change Resilience and Adaptation Guidance (Montgomery et al., 2015) Health Impact Assessment Guidance (Vohra, 2005)

8 ES reviews WIA chapters, plus any associated chapters (e.g. on ecology), of eight ESs were reviewed. The ESs: Were published in 2016 Covered a range of development types Included 5 from England, 2 from Wales, 1 from Scotland Were each produced by a different consulting company Were all produced by IEMA EIA Quality Mark registrants

9 Conclusions from ES reviews substantial changes needed Substantial changes to WIA Practice likely in relation to human health and competent experts, because: Only one of the ESs specifically considered human health in relation to the water environment None of the ESs provided the names and qualifications of the individuals who undertook either the WIA or the wider EIA Recommended that: Human health effects are considered within WIA chapter as well as having a separate health chapter in the EIA and a detailed health impact assessment as an Appendix (as recommended by Vohra, 2005) Names, qualifications and relevant experience of those who undertook the WIA should be included.

10 Conclusions from ES reviews some changes needed The following were generally dealt with adequately but separate headings within the WIA chapter are recommended: evolution of the baseline environment climate change climate change adaptation monitoring and post project analysis Recommended that estimates for the quantity of water to be used during construction and operation, and their sources, are provided. Recommended that a greater level of quantitative information is provided on wastewater and hydromorphology.

11 Conclusions from ES reviews no changes needed Considered that current WIA practice already meets the requirements of the new EIA Directive in the following areas : Biodiversity Uncertainties Major accidents and disasters Water Framework Directive

12 Conclusions from Guidance Review Guidance needed on what constitutes a competent expert in WIA (and wider EIA) Professional bodies such as IEMA, CIWEM and CIEEM should take a lead in this area Current guidance on WFD Assessment is not designed for general use by practitioners and should be improved Member States to provide for coordinated and/or joint procedures fulfilling the requirements of the relevant Union legislation, which would include the EIA and WFD Directives

13 Overall conclusions Substantial changes to WIA Practice required relating to human health and competent experts Less substantial changes required in relation to seven other areas No changes required for four areas New guidance needed on competent experts Improved guidance needed on WFD assessments

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