Unconventional oil and gas policy: SEA

Aarhus Convention (1998)

To develop a number of rights of the public with regard to the environment. Local authorities should provide for:

• The right of everyone to receive environmental information
• The right to participate from an early stage in environmental decision making
• The right to challenge in a court of law public decisions that have been made without respecting the two rights above or environmental law in general

Ensure that the public are involved and consulted at all relevant stages of SEA production.

Johannesburg Declaration on Sustainable Development (2002)

To make a significant commitment to building a humane, equitable and caring global society aware of the need for human dignity for all.

The SEA should reflect sustainability objectives to promote the principles of sustainable development

EU Public Participation Directive

Directive 2003/35/EC on providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC

Provides a legal framework for community involvement by requiring public participation in decision-making and regulation, including through access to information and consultation.

Ensure that the public are involved and consulted at all relevant stages of drawing up certain plans and programmes relating to the environment.

SEA Directive 2001

Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment

The key objective of the SEA Directive is to provide for a high level of protection of the environment and contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development.

Requirements of the SEA Directive must be met in Strategic Environmental Assessments.

Town and Country Planning (Scotland) Act 1997 (as amended)

The Town and Country Planning (Scotland) Act governs the use and development of land within Scotland. The 1997 Act forms the basis of the Scottish planning system. It sets out the roles of Scottish Ministers and designates local authorities as ‘planning authorities’ with a responsibility for producing local development plans and handling most aspects of development management and enforcement.

All planning applications in Scotland are required to be determined against the Town and Country Planning (Scotland) Act 1997. In this perspective, the planning authority is also responsible for granting planning permission for development related to the exploration and production of unconventional oil and gas.

The SEA should be mindful of the requirements set out in the 1997 Act.

Planning etc. (Scotland) Act 2006

The Planning etc. (Scotland) Act 2006 formed a central part of the reform of the Scottish planning system. One of its key effects was the creation of Strategic Development Planning Authorities, which comprise several local planning authorities and are charged with producing long-term development plans.

The SEA should be mindful of the requirements set out in the Planning etc. (Scotland) Act 2006

Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 (as amended)

Sets out provisions for granting planning permission in accordance with the Town and Country Planning (Scotland) Act 1997.

The SEA should be mindful of the requirements of the Town and Country Planning (Development Management Procedure) Scotland Regulations

Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017

Sets out criteria for determining whether an Environmental Impact Assessment would be required which also applies to unconventional oil and gas developments. Any application for planning permission to carry out unconventional oil and gas development involving hydraulic fracturing is likely to be accompanied by an Environmental Impact Assessment (EIA).

The SEA should reflect the objectives to minimise the potential environmental impacts of unconventional oil and gas developments

National Planning Framework 3 (the Scottish Government, 2014)

The National Planning Framework 3 sets out the Scottish Government’s development priorities over the next 20-30 years and identifies national developments which support the spatial strategy. It is a long-term strategy to promote environmental sustainability, equality in opportunity, technological progress and human well-being and health.

Key outcomes of the framework are as follows:

• Creating sustainable places
• Reducing carbon emissions and adapting to climate change
• Protecting and enhancing Scotland’s natural cultural assets as well as facilitating their sustainable use
• Supporting better transport and digital connectivity

The SEA should reflect the objectives to make Scotland a successful, sustainable place; a low carbon place; a natural, resilient place; and, a connected place.

Scottish Planning Policy (The Scottish Government, 2014)

The purpose of the Scottish Planning Policy is to set how nationally important land use planning matters should be addressed across the country. It is non-statutory, however, it is in line with the Town and Country Planning (Scotland)

• Creating sustainable places
• Reducing carbon emissions and adapting to climate change
• Protecting and enhancing Scotland’s natural cultural assets as well as facilitating their sustainable use
• Supporting better transport and digital connectivity

The SEA should reflect the objectives to make Scotland a successful, sustainable place; a low carbon place; a natural, resilient place; and, a connected place.

Proposed Strategic Development Plan for South East Scotland (2016)

The plan states that Local Development Plans will identify coal, oil and gas reserves to support a diverse energy mix, giving sufficient weight to the avoidance of long term environmental impacts and greenhouse gas emissions from their use.

The SEA should reflect the need to avoid environmental impacts.

Falkirk Local Development Plan (2015)

The Local Plan includes Policy RW03 Assessment of Mineral Proposals, which includes unconventional oil and gas extraction and sets out the criteria against which proposals will be assessed which includes:

Impact on local communities, individual houses, and sensitive receptors, impact in terms of disturbance, disruption and noise, blasting and vibration; landscape and visual impact, impact on nature conservation and biodiversity, impact on the historic environment, impact on all land, including the potential for pollution, but especially for prime agricultural land and carbon rich and rare soils; impact on the water environment, impact on air quality, impact on the local road network.

The SEA should reflect the requirements of the key assessment criteria.

Clackmannanshire Local Development Plan (2015)

The Local Plan does not include a policy for unconventional oil and gas, but includes Policy EP13 - Coal Bed Methane, which sets out criteria against which proposals will be assessed which includes:

No significant adverse impacts on communities, the environment or the local economy; no significant adverse impacts on residential amenity or the built and natural environment or have an adverse effect on the integrity of the Firth of Forth SPA either alone or in combination with other projects and plans.

The SEA should reflect requirements of the key policy criteria.

UNECE Convention on Long Range Transboundary Air Pollution (198

The purpose of the UNECE Convention was to address the environmental consequences of air pollution. The main aim of the Convention was to reduce and prevent air pollution in order to improve air quality on the local, regional and national levels. To achieve this, the Convention sets out measures to be taken by parties to cut their emissions of air pollutions.

The UNECE Convention has been extended by eight other protocols that identify measures to be undertaken by Parties to cut their emissions of air pollutants. These eight protocols include the following:

• EMEP Protocol on Long-Term Financing of the Cooperative Programme for Monitoring and Evaluation of the Long-Range Transmission of Air Pollutions in Europe (1984)
• Helsinki Protocol on the Reduction of Sulphur Emissions (1985)
• Nitrogen Oxide Protocol (1988)
• Volatile Organic Compounds Protocol (1991)
• Oslo Protocol on Further Reduction of Sulphur Emissions (1994)
• Protocol on Heavy Metals (1998)
• Aarhus Protocol on Persistent Organic Pollutants (1998)
• Gothenburg Protocol on Abate Acidification, Eutrophication and Ground-level Ozone (1999)

The SEA should reflect the objectives to protect and enhance air quality from factors such as eutrophication and acidification

The National Emissions Ceiling Directive 2001

Directive 2001/81 EC on national emission ceilings for certain atmospheric pollutants

The Directives sets limits for the main causal factors of acidification, eutrophication and ground-level ozone.

The SEA should reflect the objectives to protect and enhance air quality from factors such as eutrophication and acidification.

The Air Quality Directive 2008

Directive 2008/50/EC on ambient air quality and cleaner air for Europe

Avoid, prevent and reduce harmful effects of air pollution on human health and the environment. The Directive Brings together existing legislation (at the time) on air quality, including objectives for key pollutants such as SO₂, NO_x, particulates, lead, benzene and ozone.

The Directive sets out statutory limits for the concentration of different pollutants (Annex XI) and thresholds for human and environmental health (Annex II).

The SEA should reflect the objectives to reduce harmful effects of air pollution.

The Industrial Emissions Directive 2010

Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)

This Directive lays down rules on integrated prevention and control of pollution arising from industrial activities. It also lays down rules designed to prevent or, where that is not practicable, to reduce emissions into air in order to achieve a high level of protection of the environment taken as a whole.

The SEA should reflect the objective for reducing air pollution caused by industrial emissions.

The Clean Air Policy Package and Clean Air Programme for Europe 2013

The Clean Air Policy Package and Clean Air Programme for Europe set targets up to 2030, and also introduces measures and proposals to reduce emissions and improve air quality across the EU.

The SEA should reflect the objectives to protect and enhance air quality.

The Environment Act 1995

The Act requires the UK government and devolved administrations to produce a national air quality strategy. The most recent version of this national air quality strategy is The Air Quality Strategy for England, Scotland, Wales and Northern Ireland, which defines the roles of the local and central government, as well as the Scottish Environment Protection Agency (SEPA), industry, business, transport, individuals and other groups.

In addition, the Act sets objectives for specific emissions and measures for monitoring. Where limits are not met, the local authority must declare it an Air Quality Management Area (AQMA)

The SEA should reflect the objective for reducing air pollution.

The Air Quality (Scotland) Regulations 2000

As amended by the Air Quality (Scotland) Amendment Regulations 2002 and the Air Quality (Scotland) Amendment Regulations 2016

Sets out air quality objectives for several substances in line with the Environment Act 1995. In contrast to EU requirement, Scotland has set stricter levels for specific pollutants including PM₁₀ and PM_2.5.

The SEA should reflect the objective for reducing air pollution.

The Air Quality Standards (Scotland) Regulations (2010)

Sets statutory targets for concentrations of pollutants in ambient air in accordance with EU Directives. The Act allows for Air Quality Management Zones to be identified and makes provision for the sharing of this information with the public.

The Regulations were amended through The Air Quality Standards (Scotland) Amendment Regulations 2016.

The SEA should reflect the objective for reducing air pollution.

Pollution Prevention and Control (Scotland) Regulations 2012

Implements the requirements of the EU Industrial Emissions Directive in Scotland. The Act states that emissions to air, water and land must be considered together, and permits are considered based on the nature of the activity.

The Act has been amended several times since 2012.

The SEA should reflect the objective for reducing air pollution.

The Air Quality Strategy for England, Scotland, Wales and Northern Ireland (2011)

The key objective of the strategy is to improve and protect ambient air quality in the UK, with the overall aim of health protection. The strategy sets out key objectives and monitoring recommendations for specific emissions.

The SEA should reflect the objective for reducing air pollution, particularly in relation to health protection.

Cleaner Air for Scotland – The Road to a Healthier Future (the Scottish Government, 2015)

Presents a single framework which sets out further proposals for delivering improvements to air quality in Scotland.

It summarises six broad types of key actions that could help to reduce air pollution and improve air quality;

Transport – reducing transport emissions by promoting active travel and/or low and zero emission fuels

Legislation and Policy – comply with European and Scottish legal requirements

Communication – inform and engage citizens

Health – protecting citizens from air pollution

Placemaking – minimise air pollution through appropriate design

Climate Change – achieve Scotland’s renewable targets

The SEA should reflect the objective for reducing air pollution and promote active/sustainable travel.

Bern Convention (1979)

To ensure conservation and protection of wild plant and animal species and their natural habitats (listed in Appendices I and II of the Convention), to increase cooperation between contracting parties, and to regulate the exploitation of those species) listed in Appendix III. To this end the Convention imposes legal obligations on contracting parties, protecting over 500 wild plant species and more than 1,000 wild animal species.

The SEA should consider the preservation and protection of the environment.

Bonn Convention on the Conservation of Migratory Species of Wild Animals (1979)

To ensure that contracting parties work together to conserve terrestrial, marine and avian migratory species and their habitats (on a global scale) by providing strict protection for endangered migratory species.

The overarching objectives set for the Parties are:

• Promote, co-operate in and support research relating to migratory species
• Endeavour to provide immediate protection for migratory species included in Appendix I
• Endeavour to conclude Agreements covering the conservation and management of migratory species included in Appendix II

The SEA should reflect the objectives protecting biodiversity and the natural environment.

Ramsar Convention (1971)

To promote the wise use of wetlands and their resources.

The Convention’s mission is “the conservation and wise use of all wetlands through local and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world”.

The SEA should take into account the conservation of wetlands and their resources.

United Nations Convention on Biological Diversity (2010)

The United Nations Convention on Biological Diversity (CBD) is a multilateral treaty which served three main goals, including:

• Conservation of biological diversity
• Sustainable use of its components
• Fair and equitable sharing of benefits arising from genetic

The SEA should reflect objectives protecting biodiversity and sustainable use of its components.

The Habitats Directive 1992

Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora

To promote the maintenance of biodiversity taking account of economic, social, cultural and regional requirements. Conservation of natural habitats and maintain landscape features of importance to wildlife and fauna.

The SEA should reflect objectives to protect and maintain the natural environment and important landscape features.

The Birds Directive 2009

Directive 2009/147/EC is a codified version of Directive 79/409/EEC as amended

The preservation, maintenance, and re-establishment of biotopes and habitats shall include the following measures:

• Creation of protected areas.
• Upkeep and management in accordance with the ecological needs of habitats inside and outside the protected zones.
• Re-establishment of destroyed biotopes.
• Creation of biotopes.

The SEA should reflect objectives for the protection of birds.

Our Life Insurance, Our Natural Capital: an EU Biodiversity Strategy to 2020

The European Commission has adopted an ambitious new strategy to halt the loss of biodiversity and ecosystem services in the EU by 2020. The six targets cover:

• Full implementation of EU nature legislation to protect biodiversity
• Better protection for ecosystems, and more use of green infrastructure
• More sustainable agriculture and forestry
• Better management of fish stocks
• Tighter controls on invasive alien species
• A bigger EU contribution to averting global biodiversity loss

The SEA should reflect objectives to value, protect and enhance biodiversity.

EU Seventh Environmental Action Plan to 2020

The EU’s objectives in implementing the programme are:

(a) to protect, conserve and enhance the Union’s natural capital;

(b) to turn the Union into a resource-efficient, green and competitive low-carbon economy;

(c) to safeguard the Union's citizens from environment-related pressures and risks to health and wellbeing;

(d) to maximise the benefits of the Union's environment legislation;

(e) to improve the evidence base for environment policy;

(f) to secure investment for environment and climate policy and get the prices right;

(g) to improve environmental integration and policy coherence;

(h) to enhance the sustainability of the Union's cities;

(i) to increase the Union’s effectiveness in confronting regional and global environmental challenges.

The SEA should reflect objectives to protect and enhance the natural environment and promote energy efficiency.

EU Biodiversity Strategy to 2020

The European Commission has adopted an ambitious new strategy to halt the loss of biodiversity and ecosystem services in the EU by 2020. The six targets cover:

• Full implementation of EU nature legislation to protect biodiversity
• Better protection for ecosystems, and more use of green infrastructure
• More sustainable agriculture and forestry
• Better management of fish stocks
• Tighter controls on invasive alien species
• A bigger EU contribution to averting global biodiversity loss

The SEA should reflect objectives to value, protect and enhance biodiversity.

Wildlife and Countryside Act 1981 (as amended)

The Act implements the principles of the Bern Convention and the EU Birds Directive in the UK. Since it came into force, the Act has been amended several times. The act applies to the terrestrial environment and inland waters.

According to the Act, Scottish Natural Heritage (SNH) is a regulator of the Wild and Countryside Act and is legally responsible for Sites of Special Scientific Interest (SSSIs) and to enforce law when necessary.

It is important to note that specific amendments, which only apply in Scotland due to devolution, have been made to the Act.

The SEA should reflect objectives to value, protect and enhance biodiversity.

Natural Habitats (Conservation etc) Regulations 1994

The Act amends the Wildlife and Countryside Act 1981 for Scotland. The Act, together with the Nature Conservation (Scotland) Act 2004, implements the EU Birds and Habitats Directives.

The SEA should reflect objectives to value, protect and enhance biodiversity.

Nature Conservation (Scotland) Act 2004

The Act amends the Wildlife and Countryside Act 1981 for Scotland, and makes provision for the further conservation of biodiversity. The Act requires the Scottish Government to report on progress in relation to the Scottish Biodiversity Strategy

The SEA should reflect objectives to protect biodiversity and the natural environment.

Wildlife and Natural Environment (Scotland) Act 2011 (as amended)

The Act amends the Wildlife and Countryside Act 1981 for Scotland. The Act mainly changed the way land and the environment is managed in Scotland e.g. it made operational changes to how SSSIs are managed.

The SEA should reflect objectives to protect and enhance designated biodiversity areas.

Scotland’s Biodiversity: It’s in Your Hands (Scottish Executive, 2004)

Scotland’s Biodiversity: It’s in Your Hands presents a 25 year strategy (until 2030) for the conservation and enhancement of Scotland’s biodiversity. It sets out a number of outcomes in relation to;

• Species and habitats
• People
• Landscapes and Ecosystems
• Integration and Co-ordination
• Knowledge

The SEA should reflect objectives to value, protect and enhance biodiversity.

2020 Challenge for Scotland’s Biodiversity – A Strategy for the conservation and enhancement of biodiversity in Scotland (The Scottish Government, 2013)

The aims of the 2020 Challenge are in line with the targets set by the aforementioned United Nations Convention on Biological Diversity (20100 and the European Union’s Biodiversity Strategy for 2020, and include:

• Protect and restore biodiversity on land and in Scotland’s SAs
• Involve and engage people in decisions about the environment
• Promote sustainable economic growth

The 2020 Challenge and the ‘Scotland’s Biodiversity: It’s in Your Hands’ together make up the Scottish Biodiversity Strategy.

The SEA should reflect objectives to value, protect and enhance biodiversity.

IPCC’s Fifth Assessment Report on Climate Change (2014)

To limit and/or reduce all greenhouse gas emissions which contribute to climate change

The SEA should reflect objectives to support reduction in emissions of greenhouse gases.

Paris Agreement (United Nations 2015)

The main aim of the Paris Agreement centres on keeping global temperature rise this century well below 2°C above preindustrial levels. Frameworks are to be put in place to help achieve these goals.

The SEA should reflect objectives to adapt and mitigate climate change.

Emissions Trading System Directive 2009

Directive 2009/29/EC to improve and extend the greenhouse gas emission allowance trading scheme of the Community

The main aim of the Directive is to improve and extend the greenhouse gas emission allowance trading scheme of the Community

The SEA should reflect objectives to promote energy efficiency and reduce the emission of greenhouse gases.

Renewable Energy Directive 2009

Directive 2009/28/EC on the use of energy from renewable sources

The Directive sets targets for renewable energy use within the EU, which requires that 20% of the energy consumed within the EU is renewable.

The SEA should reflect objectives to promote renewable energy.

Energy Efficiency Directive 2012

Directive 2012/30/EU on energy efficiency

The purpose of the Directive is to promote energy efficiency by establishing a set of binding measures to help the EU reach its 20% energy efficiency target by 2020.

The SEA should reflect objectives to promote energy efficiency and prudent use of resources.

Climate Change (Scotland) Act 2009

The Act sets statutory targets for the reduction of greenhouse gas emissions. The Act sets an interim 42 percent reduction target by 2020 and an 80 percent reduction target for 2050.

Secondary legislation has been made under the Climate Change (Scotland) Act 2009, including:

• The Climate Change (Annual Targets) (Scotland) Order 2010: sets emission reduction targets for 2010-2022
• The Climate Change (Limit on Carbon Units) (Scotland) Order 2010: places a limit on the amount of carbon units that may be credited to net Scottish Emissions for the period 2010-2012
• The Carbon Accounting Scheme (Scotland) Regulations 2010: establish a scheme for monitoring compliance with annual reduction targets for 2010-22 (as amended in 2015 and 2016)
• The Climate Change (Annual Targets) (Scotland) Order 2011: sets emission reduction targets for 2023-2027
• The Climate Change (Limit on Carbon Units) (Scotland) Order 2011: places a limit on the amount of carbon units that may be credited to net Scottish Emissions for the period 2023-2027
• The Climate Change (Limit on Carbon Units) (Scotland) Order 2010: places a limit on the amount of carbon units that may be credited to net Scottish Emissions for the period 2013-2017
• The Climate Change (Additional Greenhouse Gas) (Scotland) Order 2015: adds nitrogen trifluoride as an additional greenhouse gas listed in the Climate Change (Scotland) Act 2009
• The Climate Change (Annual Targets) (Scotland) Order 2016: sets annual reduction targets for 2028-2032
• The Climate Change (Limit on Carbon Units) (Scotland) Order 2016: places a limit on the amount of carbon units that may be credited to net Scottish Emissions for the period 2018-2022

The SEA should reflect the objective to reduce the emission of greenhouse gases and mitigate climate change

A Low Carbon Economic Strategy for Scotland – Scotland, A Low Carbon Society (The Scottish Government, 2010)

The main purpose of the Low Carbon Economic Strategy is to achieve the targets as set out in the Climate Change (Scotland) Act 2009.

The document provides a comprehensive framework for developing a low carbon economy across Scotland. The strategy sets out measures that could be undertaken by Parties to cut their greenhouse gas emissions. This vision relates to the energy sector, the built environment, Scotland’s resources and businesses.

The SEA should reflect objectives to support the reduction of greenhouse gas emissions

Towards a Low Carbon Scotland – Smart Cities (The Scottish Government, 2012)

The purpose of the document is to highlight the ways in which Scotland can become a low carbon society by presenting a number of case studies about sustainable urban development in Scottish cities such as district heating development and a hydrogen bus project in Aberdeen, renewable energy projects in Edinburgh and the ‘Energy from Waste’ project in Glasgow.

The SEA should support the reduction of greenhouse gas emissions.

Climate Change Bill (The Scottish Government, 2018)

The Climate Change Bill contains proposals to amend the framework of emissions reduction targets in the Climate Change (Scotland) Act 2009, including increasing the 2050 target from an 80% to a 90% reduction.

The SEA should reflect objectives to support the reduction of greenhouse gas emissions.

A nation with ambition: The Government’s Programme for Scotland 2017-18

One of the key objectives of the Programme is to promote further investments in renewable energies, renewable technologies and sustainable modes of transport in order to tackle climate change.

The SEA should reflect objectives to support renewable technologies, sustainable modes of transport.

The Climate Change Delivery Plan (The Scottish Government, 2018)

The Climate Change (Scotland) Act 2009 requires that Ministers publish a report setting out policies and proposals to meet annual targets. The current Climate Change Plan sets out policies and proposals to meet targets over the period to 2032.

The SEA should reflect objectives to adapt and mitigate climate change.

The Scottish Energy Strategy (The Scottish Government, 2017)

Scotland’s Energy Strategy sits alongside the aforementioned Climate Change Delivery Plan.

Three key themes underpin the Strategy;

• A whole-system view in which energy supply and consumption are seen as equal priorities
• A stable energy transition towards renewable energies and sustainable transport
• A smarter model of local energy provision which promotes local energy, community involvement and community ownership of energy generation

The SEA should reflect objectives to adapt to and mitigate climate change.

Reducing emissions in Scotland 2017 Progress Report to Parliament (Committee on Climate Change, 2017)

Sets out recommendations by the Committee on Climate Change which involves the following;

• Policies and proposals
• Balance of effort across sectors
• Ambition on electric vehicles
• Low-carbon heating
• Power sector
• Carbon capture and storage (CCS)
• Forestry
• Agriculture

The SEA should reflect objectives to reduce greenhouse gas emissions.

Climate Ready Scotland: Scottish Climate Change Adaptation Programme (The Scottish Government, 2014)

Addresses the impacts identified for Scotland in the UK Climate Change Risk Assessment (CCRA) published under section 56 of the UK Climate Change Act 2008. It aims to increase the resilience of Scotland’s people, environment and economy to the impacts of a changing climate.

The SEA should reflect objectives to mitigate the effects of climate change.

European Convention on the Protection of the Archaeological Heritage (Valletta, 1992)

Revision of the 1985 Granada Convention

Protection of the archaeological heritage, including any physical evidence of the human past that can be investigated archaeologically both on land and underwater.

Creation of archaeological reserves and conservation of excavated sites.

The SEA should reflect objectives to protect the archaeological heritage.

European Spatial Development Perspective (1999)

Economic and social cohesion across the community. Conservation of natural resources and cultural heritage. Balanced competitiveness between different tiers of government.

The SEA should reflect objectives to conserve natural resources and cultural heritage.

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

Provides main legislation to:

• list buildings of special architectural or historic interest
• providing requirements in relation to changes affecting listed buildings and conservation areas
• setting out a framework for designating and managing Conservation Areas

The SEA should reflect objectives to conserve cultural heritage, particularly in relation to Listed Buildings, Conservation Areas and buildings of special architectural or historic interest.

National Parks (Scotland) Act 2000

Sets out for main aims for the National Parks of Scotland:

• Conserving and enhancing the natural and cultural heritage of the area
• Promoting sustainable use of the natural resources of the area
• Promoting understanding and enjoyment of the area by the public
• Promoting sustainable economic and social development of the area’s communities

The SEA should reflect objectives to conserve cultural heritage in National Parks.

Historic Environment Scotland Act 2014

The Act established Historic Environment Scotland (HES) as a Non Departmental Public Body (NDPB). Under the Act, HES will be a statutory consultee in relation to listed buildings and conservation area consents, as well as in relation to EIA.

The Act also amended statutory processes in relation to the historic environment by changing the processes for the designation of sites and buildings (by scheduling and listing) and for consents relating to scheduled monuments, listed buildings and conservation areas.

The SEA should reflect objectives to conserve cultural heritage and the wider historic environment.

In addition, the role of Historic Environment Scotland should be taken into account.

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

The Town and Country Planning (Neighbouring Planning Authorities and Historic Environment) (Scotland) Direction 2015

Both Acts state that Historic Environment Scotland must be consulted on any development affecting a UNESCO World Heritage Site in Scotland.

The SEA should reflect objectives to conserve cultural heritage and the wider historic environment.

Our Place in Time – The Historic Environment Strategy for Scotland (The Scottish Government, 2014)

The Strategy provides a high level framework which sets out a 10-year vision for safeguarding the cultural, social, environmental and economic value of Scotland’s heritage assets.

The Strategy sets out three main aims:

• Investigating and recording the assets that make up Scotland’s historic environment
• Protecting Scotland’s historic environment
• Sharing information on the significance of Scotland’s historic environment

Each ambition is underpinned by a number of strategic priorities e.g. application of new technologies.

The SEA should reflect objectives to conserve the historic environment.

Scottish Historic Environment Policy Statement (2016)

The policy statement supports the protection and enhancement of the historic environment, and sets out the principles for designation.

The SEA should reflect the principles of the protection and enhancement of the historic environment.

International Health Regulations, 2007

The International Health Regulations provide a legal instrument for upholding global public health security by preventing and responding to acute public health risks. The Regulations require countries to report certain disease outbreaks and public health risks to the World Health Organisation.

The SEA should reflect the objective that acknowledges the potential health hazards that could be caused by the different development types.

The Bathing Water Quality Directive 2006

Directive 2006/7/EC on the quality of water intended for human consumption

The overall objective of the revised Directive remains the protection of public health whilst bathing.

The SEA should reflect the Directive requirements and protect the quality of bathing waters.

The Drinking Water Directive 1998

Directive 98/83/EC on the quality of water intended for human consumption

Protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean.

The SEA should reflect objectives to protect and enhance drinking water quality.

The Noise Directive 2000/14/EC

• Monitor the environmental problem by drawing up strategic noise maps.
• Informing and consulting the public about noise exposure, its effects and the measures considered to address noise.
• Addressing local noise issues by requiring authorities to draw up action Plans to reduce noise where necessary and maintain environmental noise where it is good.

The SEA should reflect objectives to reduce noise pollution.

Seveso Directive III

Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances

• The Seveso Directive (III) lays down rules for the prevention of major accidents which involve dangerous substances, and the limitation of their consequences for human health and the environment, with a view to ensuring a high level of protection throughout the Union in a consistent and effective manner.

The SEA should reflect objectives to protect human health and the environment.

Public Health etc. (Scotland ) Act 2008

• The Act updates the law on public health, enabling Scottish Ministers to protect public health. It also makes provision for law on statutory nuisances.

The SEA should reflect objectives to protect public health.

The Control of Major Accident Hazards Regulations 2015 (COMAH)

• Sets out regulations to reduce the risks of potential major accident hazards that are associated with storing or handling large quantities of industrial chemicals of a hazardous nature.

The SEA should reflect objectives to minimise the risks of accident hazards that are associated with the handling of hazardous substances.

National Performance Framework (The Scottish Government, 2016)

• The main purpose of the National Performance Framework is to promote sustainable economic growth by setting out a measurement set that can be used to determine the extent to which key targets are being fulfilled. It sets seven broad targets in relation to:
• Growth – stimulating economic growth
• Productivity – improving productivity
• Participation – improving economic participation
• Population – increase population growth
• Solidarity – reduce income equality
• Cohesion – reduce inequalities in economic participation
• Sustainability – reduce greenhouse gas emissions

The SEA should reflect objective to promote the principles of sustainable economic growth.

Let’s make Scotland more active A Strategy for Physical Activity (Physical Activity Task Force 2003)

• The strategy seeks to improve the levels of physical activity in Scotland I order to achieve health benefits. The strategy includes a number of objectives to improve physical activity including the need to improve environments to support inactive people to become active, alongside education and information.

The SEA should reflect objectives which support opportunities for physical activity.

Cycling Action Plan for Scotland More people cycling more often (Scottish Government, 2010)

http://www.gov.scot/resource/doc/316212/0100657.pdf

• The action plan includes the vision that by 2020, 10% of all journeys taken in Scotland will be by bike. It supports skills development, improvements to the cycle network, and active travel.

The SEA should reflect objectives which support opportunities for active travel.

EU Management of Waste from Extractive Industries (2006/21/EC)

The purpose of the Directive is to prevent water and soil pollution from the deposition of waste into heaps or ponds and puts emphasis on the long-term stability of waste facilities to help avoid major accidents.

The main elements of the Directive are:

• Conditions for operating permits.
• General obligations concerning waste management.
• The obligation to characterise waste before disposing of it or treating it.
• Measures to ensure the safety of waste management facilities.
• A requirement to draw up closure plans.
• An obligation to provide for an appropriate level of financial security.

The SEA should reflect objectives to protect soil quality and minimise soil pollution from installations.

The Industrial Emissions Directive 2010

Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)

This Directive lays down rules on integrated prevention and control of pollution arising from industrial activities. It also lays down rules designed to prevent or, where that is not practicable, to reduce emissions into land and to prevent the generation of waste, in order to achieve a high level of protection of the environment taken as a whole.

The SEA should reflect objectives to protect soil quality and minimise soil pollution from installations.

EU Soil Thematic Strategy 2006

Includes a thematic strategy which aims to:

• Establish common principles for the protection and sustainable use of soils
• Mitigate potential threats to soils
• Preserve soil functions
• Restore degraded and contaminated soils

The SEA should reflect objectives to protect soils and minimise soil pollution from installations.

Environmental Protection Act 1990 (as amended)

Sets out legislation for the management and remediation of contaminated land that, in its current states, is causing or has the potential to cause significant pollution of the environment.

The SEA should reflect objectives to protect soil quality.

Contaminated Land (Scotland) Regulations 2000

Provides a detailed framework for the definition, identification and remediation of contaminated land.

The SEA should reflect objectives to protect soil quality.

The Scottish Soil Framework (The Scottish Government, 2009)

The Soil Framework sets out a vision for the enhancement and protection of soil consistent with the economic, social and environmental needs of Scotland.

The Framework identifies 13 key outcomes, as follows:

• Protecting and enhancing soil organic matter
• Reducing soil erosion
• Maintaining soil structure
• Reduce greenhouse gas emissions from soils
• Protecting soil biodiversity
• Ensuring that soils contribute to sustainable flood management
• Enhancing water quality through sustainable soil management
• Enhancing soil’s productive capacity
• Reducing soil contamination
• Reducing pressure on greenfield land and redirect development to brownfield sites where appropriate
• Protecting soils with significant historical and cultural features
• Enhancing knowledge base
• Promoting effective coordination between stakeholders

The SEA should reflect objectives to protect soils and minimise soil pollution from installations.

European Landscape Convention (Florence, 2002)

The convention promotes landscape protection, management and planning.

The SEA should reflect objectives to protect, manage and plan for landscape provision.

Natural Heritage Futures Eastern Lowlands

The documents seek to guide the future management of the natural heritage towards 2025 within the context of sustainable development. This includes the need to create a strategic approach to all land uses. Relevant objectives include:

• To allow river systems to function naturally wherever possible

The SEA should reflect objectives for sustainable land use.

Natural Heritage Futures West Central Belt

The documents seek to guide the future management of the natural heritage towards 2025 within the context of sustainable development. This includes the need to create a strategic approach to all land uses. Relevant objectives include:

• Ensure that developments complement and enhance local landscapes and wildlife, and use open space to create environments of value to the natural heritage
• Improve the biodiversity and landscape quality of the managed countryside
• Promote sustainable use of natural resources and reduce contribution to the causes of climate change.

The SEA should reflect objectives for sustainable land use.

Getting the best from our land A Land Use Strategy for Scotland 2016-2021

The Strategy supports sustainable land use, and recognises the interactions between different interests and land use. The objectives of the strategy include:

• Land-based businesses working with nature to contribute more to Scotland’s prosperity.
• Responsible stewardship of Scotland’s natural resources delivering more benefits to Scotland’s people.
• Urban and rural communities better connected to the land, with more people enjoying the land and positively influencing land use.

The SEA should reflect the need to support sustainable land use.

The Water Framework Directive 2000

Directive 2000/60/EC establishing a framework for community action in the field of water policy

The main aim of the Directive is to protect of inland surface waters, transitional waters, coastal waters and ground waters.

The SEA should reflect objectives to protect and minimise the impact on water quality.

The Bathing Water Quality Directive 2006

Directive 2006/7/EC on the quality of water intended for human consumption

The overall objective of the revised Directive remains the protection of public health whilst bathing.

The SEA should reflect the Directive requirements and protect the quality of bathing waters.

The Floods Directive 2007

Directive 2007/60/EC on the assessment and management of flood risks

Establish a framework for the assessment and management of flood risks, aiming at the reduction of the adverse consequences for human health, the environment, cultural heritage and economic activity associated with floods.

The SEA should reflect objectives that relate to flood management and reduction of risk.

EU Management of Waste from Extractive Industries (2006/21/EC)

The purpose of the Directive is to prevent water and soil pollution from the deposition of waste into heaps or ponds and puts emphasis on the long-term stability of waste facilities to help avoid major accidents.

The main elements of the Directive are:

• Conditions for operating permits.
• General obligations concerning waste management.
• The obligation to characterise waste before disposing of it or treating it.
• Measures to ensure the safety of waste management facilities.
• A requirement to draw up closure plans.

An obligation to provide for an appropriate level of financial security.

The SEA should reflect objectives to protect soil /water quality and minimise soil/water pollution from installations.

Bathing Waters (Scotland) Regulations 2008

The Act implements the EU Bathing Water Quality Directive.

The SEA should reflect objectives to protect and improve the quality of the water environment.

Flood Risk Management (Scotland) Act 2009

The Act requires local authorities to assess bodies of water to determine potential flood risk and carry out measures if required. The Act implements the EU Floods Directive.

The SEA should reflect objectives that relate to flood management and reduction of risk.

Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended)

Provides a regulatory framework for controlling activities which could have an adverse effect on Scotland’s water environment including abstraction, impoundments, dredging, impoundments, surface water drainage and pollution.

The primary objective of the Regulations is to protect and restore Scotland’s water environment.

The SEA should reflect objectives to protect and restore the water environment.

Water Environment (Miscellaneous) (Scotland) Regulations 2017

The Regulations amend existing general binding rules and introduces requirements for particular projects to have a construction license in place before works can commence.

The SEA should reflect sustainability objectives to protect the natural environment.

SEPA Draft River Basin Management Plans Scotland River Basin District / Solway Tweed River Basin District 2008

Identifies key pressures and environmental impacts on Scottish water bodies, which may be exacerbated by climate change.

The SEA should reflect objectives to protect and improve the quality of the water environment.

The Landfill Directive 1999

Directive 99/31/EC on the landfill of waste

Prevent or reduce negative effects on the environment from the landfilling of waste by introducing stringent technical requirements for waste and landfills.

The SEA should reflect objectives to increase recycling and reduce the amount of waste.

The Waste Framework Directive 2008

Directive 2008/98/EC on waste

Prevention or reduction of waste production and its harmfulness. The recovery of waste by means of recycling, re-use or reclamation. Recovery or disposal of waste without endangering human health and without using processes that could harm the environment.

The SEA should reflect objectives that minimise waste production as well as promote recycling.

The Urban Waste Water Directive 1991

Directive 91/271/EEC concerning urban waste water treatment

Protect the environment from the adverse effects of urban waste water collection, treatment and discharge, and discharge from certain industrial sectors.

The SEA should reflect objectives to reduce water pollution.

The Packaging and Packaging Waste Directive 1994

Directive 94/62/EC on packaging and packaging waste

Harmonise the packaging waste system of Member States and promote recycling.

The SEA should reflect objectives to minimise the environmental impact of waste and promote recycling.

Environmental Protection Act 1990

The Act implements the EU Waste Framework Directive (2008) and includes provisions for improved control of pollution and waste generation arising from certain industrial processes

Moreover, the Act places a duty on local authorities, as the primary regulators, to identify and secure the remediation of contaminated land in their respective areas.

The Environmental Protection Act comprises the following parts:

Part I: Integrated Pollution and Control

Part II: Waste Management Licencing

Part III: Statutory Nuisances

Part IV: Criminal Offences Concerning Litter

Part VI: Statutory Notification and Risk Assessment for Genetically Modified Organisms (GMOs)

Part VII: Creation of Nature Conservancy Council for England, the Nature Conservancy Council for Scotland and the Countryside Council for Wales.

The SEA should reflect objectives to reduce pollution associated with industrial processes.

The Management of Extractive Waste (Scotland) 2010 Regulations

EU directive 2006/21/EC was transposed in the form of the Management of Extractive Waste (Scotland) 2010 Regulations, also known as ‘MEW’. It sets out conditions for granting planning permission for extractive waste areas and waste facilities, along with additional requirements for category A (high risk) waste facilities.

The SEA should reflect objectives to minimise the environmental impact of waste.

Waste Management Licencing (Scotland) Regulations 2011 (as amended)

Sets out requirements for the management of waste and related activities with regard to granting site licences and consolidating existing licences.

The SEA should reflect objectives to minimise the environmental impact of waste.

The Waste (Scotland) Regulations 2011

The Waste (Scotland) Regulations 2011 are designed to enhance waste management through a number of requirements relating to:

• Source segregation
• Restricting input to landfill
• Restricting inputs to Energy from Waste Facilities

The SEA should reflect objectives to minimise the environmental impact of waste.

Scotland’s Zero Waste Plan (2010)

The Zero Waste Plan presents a vision to minimise waste transport to landfills, promote recycling and enhancing collection methods. The key objective of the Plan is to maximise the economic and environmental opportunities of waste reduction and reuse.

The SEA should reflect objectives to minimise the environmental impact of waste and promote recycling.

Planning Advice Note 63: energy from waste (2013)

Sets out guidance for planning authorities on proactively planning for waste management

The SEA should reflect objectives to minimise the environmental impact of waste and promote recycling.

A strategy for improving waste data in Scotland (2017)

Sets out a strategy to improve the relevance, quality and availability of data on waste from all sources (e.g. households, commerce and industry). The primary objective of the strategy is to improve waste data strategies in order to enhance Scotland’s waste and resources sector.

The SEA should reflect objectives to minimise the environmental impact of waste and promote recycling.

European Directive on Boreholes

Directive 92/91/EEC concerning the minimum requirements for improving the safety and health protection of workers in the mineral extracting industries through drilling.

The European Directive on Boreholes sets out the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling i.e. extraction of minerals (onshore and offshore), preparation of extracted materials for sale etc.

The SEA should reflect objectives to protect the safety and health of workers

European Directive on Mines and Quarries

Directive 92/104/EEC on the minimum health and safety requirements for improving the safety and health protection of workers in surface and underground mineral extracting industries

The European Directive on Boreholes sets out the minimum requirements for improving the safety and health protection of workers in surface and underground mineral extracting industries

The SEA should reflect objectives to protect the safety and health of workers

European Directive on Hydrocarbons (1994)

Directive 94/22/EC on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Directive 94/22/EC sets out framework rules for all stages of petroleum operations and aims to ensure fair competition in relation to the prospection, exploration and production of hydrocarbons – reinforcing the integration of the energy market within Member States. The Directive aims to create a level playing field, meaning that hydrocarbon exploration and production is subject to the same conditions in each Member State (i.e. national security, public health, public safety, security of transport, protection of environmental resources and financial contributions).

The SEA should reflect objectives to promote environmental sustainability.

Commission Recommendation on minimum principles for the exploration and production of hydrocarbons (such as shale gas) using high-volume hydraulic fracturing (2014/70/EU)

The 2014/70/EU Commission Recommendation invites EU member states that follow minimum principles when applying or adapting their legislation applicable to hydrocarbons exploration or production using high volume hydraulic fracturing. The Recommendation is intended to complement existing EU legislation.

The SEA should reflect objectives to minimise environmental impacts associated with the exploration and production of hydrocarbons using high-volume hydraulic fracturing

Borehole Sites and Operations Regulations 1995

Provides a main set of Health and Safety legislation for onshore drilling for petroleum to ensure that drilling will be carried out to the highest standards available.

The SEA should reflect objectives to minimise environmental impacts associated with drilling operations for petroleum.

Hydrocarbon Licencing Directive Regulations 1995

The Hydrocarbon Licencing Directive Regulations 1995 implement the EU Hydrocarbons Directive (94/22/EC).

The SEA should reflect objectives to minimise the environmental impacts associated with hydrocarbon exploration and productions.

The Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996

Provides a main set of provisions with regard to the design, construction and commissioning of wells as well as the assessments and supervision involved in their operation. With the exception of Regulation 17 (which deals with well control equipment), the Regulations apply to wells offshore and on land.

The SEA should reflect objectives to ensure that the environmental impacts of the construction and commissioning of wells are minimised.

Petroleum Act 1998

Sets out restrictions on the exploration for and production of petroleum in the UK. The Act sets out the terms and conditions of licenses issues by the Oil & Gas Authority (OGA)

The SEA should reflect the objective to minimise environmental impacts associated with oil and gas developments.

Offshore Installations (Safety Case) Regulations 2005

The aim of the Offshore Installations (Safety Case) Regulations 2005 is to reduce the risk from major accident hazards. The Regulations set out a number of statutory requirements in relations to submitting safety cases and notifications for installations.

The SEA should reflect objectives in relation to human health and safety.

Petroleum (Production) (Landward Areas) Regulations 2014

Sets out regulations for the licencing process in relation to the exploration and production of petroleum in the UK.

The SEA should reflect objectives to minimise environmental impacts associated with oil and gas developments.

Planning Advice Note (PAN) 33 – Development of Contaminated Land

PAN 33 provides guidance on the management and remediation of contaminated land. The objectives of PAN 33 is to provide advice on:

• The implications of the new contaminated land regime for the planning system
• The development of contaminated land
• The approach to contaminated land in development plans
• The determination of planning applications when the site is or may be contaminated; and
• Where further information and advice can be found

The SEA should reflect objectives to reduce soil pollution and promote the remediation of contaminated land.

Planning Advice Note (PAN) 64 – Reclamation of Surface Mineral Workings (2003)

PAN 64 provides guidance for local authorities and operators to ensure that mineral workings are reclaimed to a high standard as soon as possible after working has ceased.

The SEA should reflect objectives to minimise the environmental effects associated with the decommissioning of mineral workings.

European Directive

Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage (as amended)

Directive 2004/35/CE establishes a framework based on the ‘polluter pays principle’ to prevent and remedy environmental damage which is defined as damage to protected species and habitats, damage to water and damage to soil.

Since its implementation, Directive 2004/35/CE has been amended three times through the following directives:

• EU Directive on the management of waste from extractive industries (Directive 2006/21/EC)
• EU Directive on the geological storage of carbon dioxide (Directive 2009/31/EC)
• EU Directive on safety of offshore oil and gas operations (2013/30EU)

The SEA should reflect objectives to prevent and minimise environmental damage caused by extractive industries

Radioactive Substances Act 1993

The Radioactive Substances Act 1993 sets out regulations for the control of radioactive material and the disposal of radioactive waste in the UK. The production of oil and gas is classed as a NORM Industrial Activity.

The SEA should reflect objectives to minimise environmental impacts associated with unconventional oil and gas developments.

Offshore Installations (Prevention of Fire and Explosion and Emergency Response) Regulations 1995

The Act sets out provisions for the assessment and management of hazards associated with wells and their control.

The SEA framework should include sustainability objectives to minimise the risks of potential hazards associated with wells and their control.

The Environmental Liability (Scotland) Regulations 2009 (as amended)

Sets out an environmental protection legislative framework which is based on the ‘polluter pays principle’. The Environmental Liability (Scotland) Regulations 2009 do not apply to all types of damage to the environment. Instead, the types of significant damage addressed in the Regulations are the following:

• Damages to protected species or habitats
• Impacts on surface water or ground water
• Impacts on land

The SEA should reflect objectives to minimise the potential environmental impacts caused by oil and gas operators.

Pollution Prevention and Control (Scotland) Regulations 2012 (as amended)

Implements the requirements of the EU Industrial Emissions Directive in Scotland. The Act states that emissions to air, water and land must be considered together, and permits are considered based on the nature of the activity.

The Act has been amended several times since 2012.

The SEA should reflect objectives for reducing air/water/soil pollution.

Scotland’s Higher Activity Radioactive Waste Policy (2011)

Sets out guidance on the long-term management of higher-activity radioactive waste i.e. design, safety measures, monitoring and regulatory control.

The SEA should reflect objectives to minimise the risks of accident hazards associated with the handling of hazardous substances.

Planning Circular 3/2015: Planning controls for hazardous substances

Provides guidance on the planning procedures around hazardous substances consent, relevant applications for planning permission and planning policies.

The SEA should reflect objectives to minimise the risks of accident hazards associated with the handling of hazardous substances.

Higher-activity waste implementation strategy (2016)

Provides an implementation strategy for Scotland’s policy on higher-activity radioactive waste (NB: the production of oil and gas is classed as a NORM Industrial Activity).

The strategy has been prepared to support Scotland’s Higher Activity Radioactive Waste Policy (2011).

The SEA should reflect objectives to minimise the risks of accident hazards that are associated with the handling of hazardous substances.