Assessment
Submission
Form
Assessment Title Page
Student Name
Michael OFlynn
Student Number
16205495
Module Co-ordinator
18/11/16
Date Submitted
17/11/16
Grade/Mark
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Table of Contents
1.0
2.0
2.1
Statute Law..........................................................................................5
2.2
Civil Law...............................................................................................5
3.0
4.0
4.1
Screening.............................................................................................7
4.2
Scoping................................................................................................7
4.3
Documentation.....................................................................................7
4.4
Consultation.........................................................................................7
4.5
Decision Making...................................................................................7
4.6
Monitoring............................................................................................7
1.0 Strategic
Environmental
Regulatory Framework
Assessment
(SEA)
to
require
an
http://ec.europa.eu/environment/eia/sea-legalcontext.htm
assessment
under
The main steps in the SEA Procedure are illustrated in figure 1 below;
Statute Law
As it is up to national authorities as to how they achieve compliance
with the 2001/42/EC Directive, in Ireland the SEA Directive was
implemented into Irish Law in SI 435 of 2004 European Communities
(environmental Assessment of certain Plans and Programmes)
Regulation 2004 and SI 436 of 2004 Planning and Development
(Strategic Environmental Assessment) Regulation 2004. These
Regulations were amended by two Regulations in 2011, SI 100 of 2011
European Communities (Environmental Assessment of certain plans
and programmes) (Amendment) Regulation 2011 and SI 201 of 2011
Planning and Development (Strategic and Environmental Assessment)
(Amendment) Regulations 2011 (SEA Regulations).
Under section (7A) (a) (b) (ii) of the Planning and Development Act
2000 to 2015 where a project is likely to have significant effects on the
environment (within the meaning of Annex II of Directive 2001/42/EC)
or on a European site (that i.e.: a special area of conservation or a
special protection area) then it shall require the relevant planning
authority to undertake a SEA or an Appropriate Assessment or both
such assessments, as the case may be, in relation to the making of the
proposed modification. The Department of the Environment circular
(PSSP6/2011) which issued in July 2011 also called for Further
transposition of EU directive 2011/42/EC and Strategic Environmental
Assessment (SEA) into Irish Law.
http://www.irishstatutebook.ie/eli/2015/act/63/enacted/en/pdf
2.2
Civil Law
EU directives are not Common Law but rather Civil Law where
comprehensive codes are enacted by legislators that try to envisage
every possible legal contingency, case law is not as significant.
4.0 How
Organisations
2001/42/EC
Comply
With
Directive
4.1
Screening
Article 9(1) and 9(2) of the SEA Regulations set our when an
Environmental assessment shall be carried out, in the screening
process a brief outline of the plan or programme (or modification) is set
out including relevant background information and the geographical
information.
4.2
Scoping
The scoping provisions are detailed in Article 9(3) and 9(4) of the SEA
Regulations include for the evaluation of the scope and the level of
detail of the information to be contained in the environmental report.
4.3
Documentation
The preparation of documentation is required under Article 9(11) of the
SEA Regulations, this article requires the preparation of an
Environmental Report.
4.4
Consultation
The carrying out of consultations with the environmental authorities
and the public including the integration of environmental
considerations.
4.5
Decision Making
The publication of information on the decision (an SEA statement).
4.6
Monitoring
Articles 9(1) and (2) of the regulations state when a SEA should be
carried out.
http://www.epa.ie/monitoringassessment/assessment/sea/
Bibliography
Agency, E. E., 2012. Climate Change, Impacts and vulnerability in Europe
2012.
[Online]
Available at: http://www.eea.europa.eu/publications/climate-impacts-andvulnerability-2012
[Accessed Saturday October 2016].
Agency, E. P., 2014. Draft SEA Resource Manual. [Online]
Available
at:
http://www.epa.ie/pubs/consultation/manual/draft_SEA_manual_part2.pdf
[Accessed Friday October 2016].
Agency,
E.
p.,
2016.
SEA.
[Online]
Available
at:
http://www.epa.ie/monitoringassessment/assessment/sea/
[Accessed Sunday October 2016].
Comission, E., 2013. Guidance on Integrating Climate Change and
Biodiversity into Strategic Environmental Assessment. Enviroment, one(one),
pp. 1-69.
Comission,
E.,
2015.
Press
Release
Data
Base.
[Online]
Available
at:
http://europa.eu/rapid/press-release_IP-09-1647_en.htm?
locale=en
[Accessed Saturday October 2016].
Comission,
E.,
2016.
Enviroment.
[Online]
Available
at:
http://ec.europa.eu/environment/legal/law/press_en.htm?
cookies=disabled
[Accessed Tuesday November 2016].
Comission,
E.,
2016.
Enviroment.
[Online]
Available at: http://ec.europa.eu/environment/legal/implementation_en.htm?
cookies=disabled
[Accessed Tuesday November 2016].
Comission, E., 2016. Strategic Enviromental assessment. [Online]
Available
at:
http://ec.europa.eu/environment/eia/sea-legalcontext.htm?
cookies=disabled
[Accessed Monday november 2016].
Company, P. l., 2013. Enviroment, s.l.: Practical law Co.
Dusik, B. S. a. J., 2016. European and International Experiences of Strategic
Enviromental Assessment. In: B. S. a. J. Dusik, ed. European and
International Experiences of Strategic Enviromental Assessment. London and
New York: Rutledge, pp. 1-38.