Strategic Environmental Assessment (Denmark)

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The Strategic Environmental Assessment (SEA), is a process in Denmark for assessing the environmental effects of proposed government projects and programmes. Established in 1993 by an administrative order of Denmark's Prime Minister’s Office, [1] this requirement was not initially enshrined in law, but was supported by a government circular which required an SEA to be carried out on “government proposals with major environmental effects”. [2] The SEA process was limited only to government proposals and did not extend to plans and programmes. SEAs were required to focus on the impacts proposals would have on physical, ecological, cultural, health and risk factors. [3] In 1995, the SEA requirement was extended to new parliamentary acts in addition to government proposals at the national level.

Denmark Sovereign state and Scandinavian country in northern Europe

Denmark, officially the Kingdom of Denmark, is a Nordic country and the southernmost of the Scandinavian nations. Denmark lies southwest of Sweden and south of Norway, and is bordered to the south by Germany. The Kingdom of Denmark also comprises two autonomous constituent countries in the North Atlantic Ocean: the Faroe Islands and Greenland. Denmark proper consists of a peninsula, Jutland, and an archipelago of 443 named islands, with the largest being Zealand, Funen and the North Jutlandic Island. The islands are characterised by flat, arable land and sandy coasts, low elevation and a temperate climate. Denmark has a total area of 42,924 km2 (16,573 sq mi), land area of 42,394 km2 (16,368 sq mi), and the total area including Greenland and the Faroe Islands is 2,210,579 km2 (853,509 sq mi), and a population of 5.8 million.

A government circular is a written statement of government policy. It will often provide information, guidance, rules, and/or background information on legislative or procedural matters.

Contents

Initial administrative order

The administrative order broadly outlined four steps in the SEA process. [4]

1. Screening – using the checklist contained in the guidance (water, air, climate, surface of the earth, soil, flora and fauna, landscape, resources, waste, historical buildings, population health, safety and transport of harmful substances) proposals that were likely to have a significant environmental impact had to be identified.

Water chemical compound

Water is a transparent, tasteless, odorless, and nearly colorless chemical substance, which is the main constituent of Earth's streams, lakes, and oceans, and the fluids of most living organisms. It is vital for all known forms of life, even though it provides no calories or organic nutrients. Its chemical formula is H2O, meaning that each of its molecules contains one oxygen and two hydrogen atoms, connected by covalent bonds. Water is the name of the liquid state of H2O at standard ambient temperature and pressure. It forms precipitation in the form of rain and aerosols in the form of fog. Clouds are formed from suspended droplets of water and ice, its solid state. When finely divided, crystalline ice may precipitate in the form of snow. The gaseous state of water is steam or water vapor. Water moves continually through the water cycle of evaporation, transpiration (evapotranspiration), condensation, precipitation, and runoff, usually reaching the sea.

Climate Statistics of weather conditions in a given region over long periods

Climate is the statistics of weather over long periods of time. It is measured by assessing the patterns of variation in temperature, humidity, atmospheric pressure, wind, precipitation, atmospheric particle count and other meteorological variables in a given region over long periods of time. Climate differs from weather, in that weather only describes the short-term conditions of these variables in a given region.

Soil mixture of organic matter, minerals, gases, liquids, and organisms that together support life

Soil is a mixture of organic matter, minerals, gases, liquids, and organisms that together support life. Earth's body of soil, called the pedosphere, has four important functions:

2. Scoping – the cumulative effects of a bill or policy had to be identified.

3. Assessment – analysis of the effects that had been identified as significant in the previous stages. Crucially the guidance stated that it was not possible to give an overall description, so a list of factors to be referenced were included in the guidance.

4. Report – a separate report of the environmental effects had to be included, attached to the bill that was to be put before parliament. The report had to be non-technical and easy to understand – it also had to be made available to the public.

The SEA Directive (2001/42/EC) was integrated into the Danish planning system in 2004. The SEA Directive now ensures that SEA has been extended to plans and programmes, rather than just government proposals. The Act on the Environmental Assessment of Plans and Programmes (Danish SEA Act) was passed into law in May 2004 and “is strictly in accordance with the requirements of the [2001/42/EC] directive”. [5]

Environmental impact assessment

Environmental assessment (EA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental impact assessment" (EIA) is usually used when applied to actual projects by individuals or companies and the term "strategic environmental assessment" (SEA) applies to policies, plans and programmes most often proposed by organs of state. Environmental assessments may be governed by rules of administrative procedure regarding public participation and documentation of decision making, and may be subject to judicial review.

The SEA Act allows the Minister for the Environment a certain amount of discretion (as the administrative order of 1993 did), with the Minister able to determine whether or not a private or publicly owned company is required to carry out a SEA on their plan or programme, when they are acting in the capacity of a public authority (for example, the provision of utilities). [6]

It is also important to note that the SEA Act can be overruled, as long as a plan or programme complies with the procedural and substantive requirements of the SEA Directive. This helps to avoid duplication with “land use plans that have been prepared in accordance with the [Danish] Planning Act”. [5]

Guidance Documents

Despite the integration of the SEA Directive, SEA guidance was restricted to a publication called Strategic Environmental Assessment of Bills and Other Proposals: Examples and Experience issued in 1995 by the Ministry for the Environment. New guidance was prepared in 2002, but never published due to a change in government. [1] The 1995 guidance issues a six step approach with regards to the type of information that should be included within an SEA [1] [7]

In 2006, The Environment Ministry released up to date guidance that related to the SEA requirements for plans and programmes dating from 2004. Instruction number 9664 entitled 'Vejledning om miljøvurdering af planer og programmer' replaced the earlier guidance dating from 1995. The new guide was later supplemented, in 2007, by examples of SEAs that had been conducted. [8] [9]

SEA steps required

SEA steps that are required are defined by the SEA Act and supplemented by the guidance.

The table sets out the specific SEA process as defined by 2006 and 2007 guidance from the Danish Ministry of the Environment. The process is broadly split into nine main stages:

StageDanishEnglish
1ScreeningScreening
2ScopingScoping (includes consultation)
3MiljobeskyttelsesmalLegal Obligations for protection of the environment (national and international)
4Vurdering af konsekvenser og afbodningPrediction/Evaluation of consequences (of a plan or programme) on the environment
5AlernativerAlternatives/Mitigation
6OvervagningOther programmes (examples of)
7Miljorapport og formidlingEnvironmental protection measures
8Sammenfattende redegorelseSummary and Explanation
9Organisering (af miljovurderingsarvejdet)Monitoring environmental effects

Examples of SEAs produced so far

Examples of Danish SEAs carried out following the introduction of the EU SEA Directive are “so far few". [10] Below are some examples of SEA that have been produced prior to the introduction of the EU SEA Directive.

North Jutland Regional Development Plan (1995-1997)

This was the very first SEA to be carried out in Denmark and was carried out before the introduction of the EU SEA Directive. As a result of this pilot SEA, the major concern amongst stakeholders was reconciling negative environmental impacts that resulted from planning activities. Overall, while stakeholders felt that no new knowledge was gained from carrying out an SEA, the planning process became more transparent. Politicians felt that there was more information on which they could make an informed decision about the choices presented to them. It was also decided that consultation should be carried out during the scoping process, rather than at later stages of the SEA process. [11]

Regional groundwater plan for Vejle County, Eastern Jutland (2002)

This SEA was carried out as a consequence of the regional planning process (which included the requirement for SEAs) and is notable for the alternatives suggested. Groundwater extraction takes places beneath polluted urban areas and two strategies were devised – ’cleaning up’ or extracting water from rural areas. The resulting analysis found there was no clear best solution and therefore other factors, such as economic considerations, should be taken into account to aid the decision making process. [11]

Regional mineral extraction plan for Vejle County (2003)

Extraction of minerals controlled under the plan were assessed under six criteria – transportation, economy, changes in landscape, landscape dynamics, pollution suffered by local residents and stress factors for local residents. This SEA clearly influenced the decision making process as the decision on the best alternative was deferred until suitable mitigation measures could be found. [11]

Strengths and Weaknesses of the SEA system

Strengths

Before the implementation of the SEA Directive into the Danish planning system, there had been a long history of consideration of the environmental effects that a planning process may have. Therefore, the transposition of the SEA Directive into Danish legislation conforms fully, and the supporting guidance (albeit late) ensures that SEAs conducted should be directive compliant. This historical approach has ensured that the SEA process has been institutionalised into the planning process. This ensures that environmental considerations are the subject of political debates and that parliamentary bills are prepared adequately with the SEA Directive and Danish SEA Act in mind.

The SEA process in Denmark is transparent and SEAs have a discernible influence upon the decision making process (Jones et al., 2005). There is a long tradition of public participation in the Danish planning system and this philosophy is no exception with regards to the SEA system. This is coupled with a feeling among planners and stakeholders, that despite the costs of SEA, overall it is a worthwhile and productive process.

Weaknesses

The major weakness in the Danish SEA system largely relates to government ministries – this is ironic given that they are responsible for the integration of the SEA Directive into Danish legislation.

Monitoring systems currently in place need to be strengthened. Currently monitoring of environmental impacts is done only through informal communication instead of the Minister for the Environment issuing specific rules. [11]

See also

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References

  1. 1 2 3 Dalal-Clayton and Sadler, Strategic Environmental Assessment A Sourcebook and Reference Guide to International Experience, Earthscan, London, 2005.
  2. Therival and Partidario (1996), The Practice of Strategic Environmental Assessment, Earthscan, London, p25.
  3. Therival and Partidario (1996), The Practice of Strategic Environmental Assessment, Earthscan, London.
  4. Dalal-Clayton and Sadler, Strategic Environmental Assessment A Sourcebook and Reference Guide to International Experience, Earthscan, London, 2005, pg 67-68.
  5. 1 2 Elling cited in: Jones et al., Strategic Environmental Assessment and Land Use Planning: An International Evaluation, Earthscan, London, 2005, pg66.
  6. Elling cited in: Jones et al., Strategic Environmental Assessment and Land Use Planning: An International Evaluation, Earthscan, London, 2005.
  7. Danish Ministry for the Environment (2008), Miljøvurdering af planer og programmer (SEA Legislation & Guidance), Retrieved 18/03/08.
  8. Danish Ministry for the Environment (2008 (2)), Vejledning om miljøvurdering af planer og programmer, Retrieved 19/03/08.
  9. Danish Ministry for the Environment (2008 (3)),Eksempelsamling for miljøvurdering af planer og programmer, September 2007, Retrieved 19/03/08.
  10. Danish Ministry of Foreign Affairs (2007), Strategic Environmental Assessment, Retrieved 25/03/08.
  11. 1 2 3 4 Jones et al. (2005), Strategic Environmental Assessment and Land Use Planning: An International Evaluation, Earthscan, London
  12. RECCEE (2005), Strategic Environmental Assessment at the Policy Level: Recent Progress, Current Status and Future Progress, Retrieved 25/03/08