Welcome to your new EIA Regulations! Josh Fothergill MIEMA CEnv Policy Lead Impact Assessment IEMA 16 May 2017
Outline Reflections - EIA Directive Amendment EIA & Brexit EIA Directive Context UK EIA Transposition The UK s 2017 EIA Regulations Q&A
Overview: Revising the EIA Directive EC Public Consultation EC proposals for revising EIA Directive EIA Directive amendment 2014/52/EU 2010 2009 2011 2012 2013 2014 2017 EU EIA Effectiveness Review New EIA Directive 2011/92/EU Proposal Revised by EU Parliament & Council Member State Transposition 16 May 2017
EIA and Brexit
BREXIT & EIA in the UK UK has today Transposed 2014 Directive amendment, but future legal challenges (>April 2019) likely to end with UK Courts UK EIA Regulations will be covered in the forthcoming Great Repeal Bill Future amendments to EIA Directive very unlikely to directly apply in UK In future, UK EIA Regulations will undergo a performance review at least every 5 years
EIA Directive Context
Revisions to EU EIA Directive (1985 2014) EIA Directive Time-limit for transposition 85/337/EEC 3 July 1988 97/11/EC Amendment 14 March 1999 2003/35/EC Amendment 25 June 2005 2009/31/EC Amendment 25 June 2011 2011/92/EU Consolidation No transposition required 2014/52/EU Amendment 16 May 2017
2014/52/EU European Commission Goals Core Rule: Maintain the level of environmental protection established within the existing EIA Directive Three Aims to drive Effective EIA: - Harmonisation between Member States - Efficiency to streamline multiple EU assessments & reduce burdens - Quality moving away from a purely procedural focus in EIA laws Also: Improve consideration of Climate Change and Biodiversity in EIA
2014/52/EU Significant Scale of Change
Transposition EU Progress EU Member States Complete: Bulgaria, (Poland), Luxembourg, Cyprus, Slovenia 16 May 2017: UK, Sweden, Netherlands, (Poland) Later: Portugal http://uvp.de/de/uvp-report/jg30/jg30h2 UVP Journal on: Czech Republic, Estonia, Finland, Germany, Ireland, Italy, Portugal, Slovenia, Spain, Sweden, UK
What didn t Happen? Annex 1 & 2 changes Screen ALL Annex 2 Mandatory Scoping Integration of HRA, WFD, SEA, IED Ecosystem Services Requirement Best Env Alternative
What Did Change? The UK s EIA Regulations: www.legislation.gov.uk/uksi/2017/571/made
Thank You Josh Fothergill E: j.fothergill@ @jfothergilliema
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
UK EIA Transposition Consultations
Transposing 2014/52/EU into UK EIA Regimes Changes in two main formats: - Areas with little discretion - Areas where Member States have some flexibility Also: Opportunity for wider changes and improvements to both Regulations and Practice
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 Today
IEMA Transposition Activity IEMA responded to all UK EIA Consultations Consultation responses across 22 EIA Regulatory Regimes 10 August 2016 16 March 2017 Scotland > Wales > Defra (et al) > DCLG > N. Ireland > DFT > BEIS Involved with process since 2008 Broad and on-going member engagement since 2010 Preparatory webinars and guidance since 2014
Member views on Consultations Challenges & Opportunities
EIA Practice Overview Much of this is already good practice Avoid undue burden An opportunity to streamline How will x,y,z work in practice?
Consultation Concerns Three main concerns: - EIA Experts - LPA Expertise - ES based on scoping opinion Also: A key Opportunity Increased interest in EIA provides window to drive more proportionate approach
The Town & Country Planning (EIA) Regulations 2017
SI 571 2017 available online now: www.legislation.gov.uk/uksi/2017/571/made
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
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
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
Screening Parts 2 & 3
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
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
Part 4: Preparing ES
Regulations 15-17 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.
Part 5: ES Submission & Decisions
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
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
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 scoping opinion where provided = Regulation 18 (4) (a)
ES = based on Scoping Opinion Concerns raised as risk to iterative and proportionate EIA. DCLG and NI consultations attempt to address in draft Regs: based on the most recent scoping opinion or direction issued (so far as the proposed development remains materially the same as the proposed development to that opinion or direction) What does this mean? - Can a 2 nd / 3 rd scoping opinion be requested? - What % of development must remain materially the same AND who makes this judgement?
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
Regulation 27: Co-ordination HRA 2014/52/EU require: HD & BD links. [Optional: WFD, IED, SEA, etc] Joint / Co-ordinated approaches available UK Approach = Consistent across 22 EIA Regimes! Co-ordinated HRA and EIA, but NO wider linkages in Regulations Co-ordinated by LPA / SoS
Part 6: Directions and Decisions Availability Reg 29 Info accompany Decision Reasoned conclusions Conditions Design features & mitigation monitoring
Parts 7-11 7. Specific cases 8. Unauthorised development 9. ROMP 10. Sign Transboundary Effects 11. Exemptions
Part 12: Miscellaneous Reg 64: Objectivity & Bias Reg 71: Review EIA Regs Reg 76: Transition and Revocation
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.
IEMA Support
IEMA 2017 EIA Regulations Roll-out Today!: EIA Regulations launch conference, London 17 May: 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
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 Today Health Today https://www./policy/ia/eia-transposition
Q&A Josh Fothergill E: j.fothergill@ @jfothergilliema