experiences from the appropriate assessment for wind energy projects in protected areas (methodological aspects)

Transcription

1 experiences from the appropriate assessment for wind energy projects in protected areas (methodological aspects) Seminar on Good Practices for Biodiversity Conservation and Wind Energy Development Athens, Evangelos Pappas

2 Contents of the presentation The Appropriate Assessment in the Directive The procedure Integration of the Appropriate Assessment in the national legislation: Special Ecological Assessments The Appropriate Assessment methodology in the Special Ecological Assessment Mitigation measures: Active management Policy measures and horizontal administrative and technical measures Institutional and regulatory administrative measures Environmental Management Plan The Environmental and Social Management System Appropriate Assessment & Appropriate Management Conservation Objectives and Management Plans

3 The Appropriate Assessment in the Directive In the preamble to the Directive it is stated: "..it is appropriate, in each area designated, to implement the necessary measures having regard to the conservation objectives pursued".. an appropriate assessment must be made of any plan or programme likely to have a significant effect on the conservation objectives of a site which has been designated or is designated in future In its general sense a conservation objective is the specification of the overall target for the species and/or habitat types for which a site is designated in order for it to contribute to maintaining or reaching favourable conservation status An important aspect of the Article 6.3 permit procedure is that its outcome is legally binding on the competent authority and conditions its decision. Thus, the Article 6.3 procedure is more than just an ecological assessment it is, in fact, an assessment combined with a legally binding decision making process.

4 The procedure of the Appropriate Assessment Redesign the plan or project Stage 1: Screening Stage 2: Appropriate assessment Yes Are there alternative solutions? Is the Project/ Plan likely to have significant effects on the site? Yes Assess a) implications in view of the site s conservation objectives, b) cumulative and in combination effects with other plans/ projects. No Can it be concluded that the PP will not adversely affect the integrity of the site? No Can the negative impacts be removed (e.g. through mitigation measures?) No Yes Are there Imperative reasons of overriding public interest. Human health or safety considerations or important environmental benefits? Authorisation must notbegranted Source: EC Study on Article 6.3 permit procedure of Habitats Directive, Ecosystems LTD, 2013 No Yes No Authorisation may be granted Proper site planning and mitigation measures? Stage 3: Derogation (Article 6.4) Compensation measures. Commission is Informed. Consultation with the Commission. Special Ecological Assesment

5 Integration of the Appropriate Assessment in the national legislation: Special Ecological Assessments Law 4014/11 (Environmental Licensing ), article 10: 1. In the case of projects and activities undertaken at protected areas of the Natura Network, the environmental licensing is performed in accordance with the relevant provisions of the specific Presidential Decrees and Ministerial Decisions for the protection 2. The special ecological assessment focuses on the impacts for the area based on its conservation objectives. Min.Dic. 8353/2012, (Measures and procedures for the conservation of avifauna ) Specific data for trigger species Exclusion zones (in distance from nests and colonies of certain species). Removal of dead animals (at least per week) Installation of automated shutdown systems in migratory corridors/ bottlenecks

6 The Appropriate Assessment methodology in the Special Ecological Assessment Preliminary impact assessment (screening/ scoping) Appropriate assessment Conclusions of SEA Defining the implementation area/scope of the study. Describing the protected features of the study area and the conservation objectives. Examination of Management Plans/ Special Environmental Studies, data/ information from Surveillance programme, SDF s. If there are no set Conservation Objectives and Favourable Reference Values, they are determined from the Baseline Values/ Conditions) Screening and Scoping: Are impacts likely or possible at the Natura 2000 area (individually or in combination with other projects)? Field work study (area depending on the species that have to be studied). For projects A1: 20 60, A2: days. It depends if reliable data exist. The impacts from collisions are examined, disturbance/ habitat displacement/ barrier effect, direct habitat loss and cumulative effects for the habitats and species (App. I & II of Habitat Directive, App. I of Birds Directive & migratory birds). For every type of impact the importance, in relation to the conservation objectives & the integrity of the site or the effort to restore favourable status, is examined. Overall evaluation of Appropriate Assessment. Monitoring and mitigation measures

7 Screening/ Scoping & Appropriate assessment SPA Birds of App. I of Bird s Directive & migratory birds Appropriate assessment/ Special Ecological assessment SAC Bat species App. II Other species (App. II) & Habitats App. I Screening/ Scoping Proper site selection Mitigation measures Implementation, monitoring and audit

8 Steps ahead: Mitigation measures Αctive management Monitoring and assessment programme Monitoring and evaluation of selected trigger species on the site level Special management plans for species and their habitats Active habitat management measures for species Measures for directly supporting species populations Management of other uses, threats and pressures and mortality reduction from other sources Targeted restrictions of construction works during the breeding season Information and community participation Collision avoidance and automatic shutdown systems Regular removal of dead animals (avoidance of even occasional attraction of scavengers).

9 Policy measures and horizontal administrative and technical measures Database and standardization of field data (special applications under the framework of the Environmental Information Registry). Standardization of maps. Use of map background templates of the National Cadastre & Mapping Agency S.A. which were also used in the habitat mapping and the mapping of the SCAs and SPAs boundaries. Preparation of assessment study on the implementation of the Appropriate Assessment. Recording and assessment of the relevant environmental terms. Assessment of the Environmental terms implementation. Standardization, integration and objectification of environmental terms. Acceleration of procedures And for the implementation of the next steps: Project Management Team (TaskForce). Decision of the Minister of Environment and Energy.

10 Institutional and regulatory measures Environmental Management Plan Development and enactment of intervention and participation tools of the Protected Areas Management Authorities Environmental Management Consultant. The consultant will be responsible for completing, monitoring and updating the Environmental Management Plan. Law 4014/2011: Certified EIA assessor (Πιστοποιημένος αξιολογητής ΜΠΕ) Certιfied Environmental auditor (Πιστοποιημένος Περιβαλλοντικός ελεγκτής)

11 Environmental Management Plan (Σχέδιο Περιβαλλοντικής Διαχείρισης) Law 4014/11, ANNEX II: Minimum contents of EIA Folder:. 7) Environmental Management Plan that will be implemented for ensuring the effectiveness of the environmental protection and the implementation of the proposed measures, and will also include the proposed monitoring programme Min. Decision /2014: (Contents of environmental licensing folder ), Annex 2: 11.2 Environmental monitoring An environmental monitoring programme is organized and proposed where deemed necessary, as a part of the Environmental Management Plan. In the proposed management programme the parameters measured, the locations, the frequency per parameter and the objectives of the programme are specified. With this programme the following should be achieved: The monitoring of all the important environmental parameters that are related to the impacts of the project/plan or activity, Recording and maintaining data substantiating the implementation of the environmental terms and permitting the examination of their effectiveness Providing information to the public authorities and the public, under the current legislation.

12 The Environmental and Social Management System The recapitalization at the end of 2015 along with the participation of international institutional investors, has highlighted the goal to reduce the overall environmental and social risk in the loan of the Financial Institutions. The ESMS is implemented through a set of procedures for every transaction as part of the overall risk management framework. It incorporates the environmental and social requirements such as a corrective action plan as clauses in legal agreements. The Environmental and Social Action (Management) Plan (ESAP/ ESMP ) «The Plan will (i) describe the actions necessary to implement the various sets of mitigation measures or corrective actions to be undertaken; (ii) prioritize these actions; (iii) include the timeline for their implementation; (iv) be disclosed to the affected communities; and (v) describe the schedule and mechanism for external reporting on the client s implementation of the Ac. Plan». The Corrective Action Plan (CAP) It refers to the required corrective actions of the findings (if any), while reflecting the time and budget of implementation required. ESMS και CAP are parts of the Environmental & Social Due Diligence (ESDD)

13 Appropriate Assessment & Appropriate Management Conservation Objectives and Management Plans a methodology Surveillance of habitats & species National level Conservation status of habitats & species Favourable Conservation Status (FCS) Standard Data Forms (SDF s) Conservation status (Habitats Ap. I, Species Ap. II, Birds Ap. I, & migratory ) Pressures & Threats Ecological requirements of habitats and species National/ regional/ Site conservation objectives Management Plan & Special Environmental Study (ΕΠΜ) Site contribution to achieving FCS Assessment Site level Conservation objectives Site level Conservation measures Conservation priorities Mitigation measures Appropriate assessment (Special Ecological Assessment) Project Environmental Impact Assessment Environmental Management Plan

14 Thank you The appropriate assessment: Α conflict management tool between nature conservation and economic development (?) 92/ 43/ EEC, Article 6.3: Thus, any plan or project, which is likely to have a significant effect on a Natura 2000 site and is not necessary for its management, must undergo an Appropriate Assessment (AA) of its implications for the site in view of the site s conservation objectives. The aim is to determine the kind of negative impacts the plan or project might have on the habitat types and species for which the site is designated, and whether these will in turn adversely affect the integrity of the site.

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16 conservation objectives Standard Data Forms (SDF s) Site contribution to achieving FCS Ecological requirements Special Environmental Study, Management Plan & Appropriate assessment Special Ecological Study (Presidential Decree) Site level Conservation objectives Conservation measures Conservation priorities Statutory: Designation, Zonation, General terms & limitations. Statutory & administrative: Specialization of general terms & limitations. Procedures & operational measures. Active management. Management Plan (Ministerial Decree) Monitoring Pressures & Threats Assessment Mitigation measures Appropriate assessment (Special Ecological Assessment) Environmental Impact Assessment Environmental Management Plan

17 Appropriate Assessment & Appropriate Management Conservation Objectives and Management Plans a methodology Surveillance of habitat types and species Standard Data Forms (SDF s) Favourable Conservation Status (FCS) Environmental Impact Assessment Conservation status of habitat types & species Appropriate assessment Special Ecological Assessment Environmental Management Plan National, regional, Site conservation objectives Pressures & Threats Assessment Mitigation measures Conservation status (Site level) Site contribution to achieving FCS at the appropriate level (national or regional) Site level Conservation objectives Ecological requirements of the habitat types and the species Conservation measures Conservation priorities Management Plan (& Special Ecological Study)