Strategic Environmental Assessment (SEA) of the Scottish Climate Change Bill: Consultation Proposals: Environmental Report

1

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

Strategic Environmental Assessment ( SEA) Directive (2001/42/ EC)

http://ec.europa.eu/environment/eia/sea-legalcontext.htm

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

Aims to identify and mitigate significant environment effects arising from certain plans and programmes.

Emphasis is placed on integrating sustainability considerations into the preparation and adoption of plans and programmes.

Where an environmental assessment is required under Article 3(1), an environmental report shall be prepared in which the likely significant effects on the environment of implementing the plan or programme, and reasonable alternatives taking into account the objectives and the geographical scope of the plan or programme, are identified, described and evaluated.

The Environmental Assessment (Scotland) Act 2005 transposes the directive into Scottish legislation SEA.

2

Kyoto Protocol (1998)

http://unfccc.int/resource/docs/convkp/kpeng.html

United Nations international treaty on climate change.

The Protocol entered into force in February 2005.

Developed countries that have ratified the Protocol are committed to reducing their emissions of greenhouse gases.

Commitment signed by 38 countries (plus the EU) to introduce legally binding targets to limit or reduce greenhouse gas emissions by at least 5% of 1990 levels in the period 2008 - 2012.

The UK has committed to an 8% reduction on 1990 levels between 2008 and 2012.

The SCCB will need to take account of existing obligations to 2012.

The targets in the Protocol will inform the SCCB's operation.

3

European Climate Change Programme (2005)

http://ec.europa.eu/environment/climat/eccp.htm

The European Commission's main instrument to discuss and prepare the further development of the European Union's climate policy.

Member states must identify and develop the necessary elements on a strategy to deliver EU Kyoto Protocol commitment on greenhouse gas reductions to 8% below 1990 levels by 2008 - 2012.

As above

4

Limiting Global Climate Change to 2 ^oC (2007)

http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=CELEX:52007DC0002:EN:NOT

This Communication identifies options for realistic and effective measures in the EU and globally that will allow the 2ºC objective to be met.

The GHG emissions trajectory set out in the impact assessment represents a cost-effective scenario to meet the 2ºC objective.

It also shows that emissions reductions by developed countries alone will not be sufficient.

Developing country emissions are projected to surpass those of developed countries by 2020, which will more than offset any reductions possible in developed countries beyond that date.

Effective action on climate change therefore requires reduced growth in the GHG emissions of developing countries and reversing emissions from deforestation.

Encourages more sustainable and efficient forest policy.

It supports an emissions reduction target for developed countries of 30 % by 2020 compared to 1990 emission levels.

The SCCB should take account of accepted wisdom, as outlined in this report.

It may be necessary to exceed the 2020 target outlined (depending on the trajectory supported by the Bill).

5

EC Directive on Greenhouse Gas Emission Allowance Trading Within
the Community and Amending Council Directive 96/61/ EC (2003)

(2003/87/ EC)

http://www.scotland.gov.uk/Resource/Doc/1050/0002288.pdf

This Directive establishes a scheme for greenhouse gas emission allowance trading within the Community in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.

The Directive applied to the following greenhouse gases

• Carbon dioxide (CO ₂)
• Methane (CH ₄)
• Nitrous Oxide (N ₂O)
• Hydrofluorocarbons ( HFCs)
• Perfluorocarbons ( PFCs)
• Sulphur Hexafluoride ( SF₆)

The overarching aim of the SCCB will be to drive emissions reduction in Scotland'.

Emissions trading will be an important mechanism for achieving this and consideration must be given to how any emissions trading scheme established by provisions in the SCCB operates in conjunction with emissions trading across and within Europe.

6

European Union Emissions Trading Scheme ( EUETS)

http://www.scotland.gov.uk/Topics/Environment/
Climate-Change/16327/euets/Home

All installations covered by the scheme must hold a greenhouse gas permit, or be liable to financial penalties.

Although the scheme may be expanded in the future to cover other greenhouse gases, initially it only covers carbon dioxide.

Permit enquiries should be made to SEPA.

The scheme is based on Directive 2003/87/ EC, which entered into force on 25 October 2003.

The aim of the EUETS is to help EU Member States achieve compliance with their commitments under the Kyoto Protocol.

Emissions trading does not imply new environmental targets, but allows for cheaper compliance with existing targets under the Kyoto Protocol.

Letting participating companies buy or sell emission allowances means that the targets can be achieved at least cost.

The idea is that Member States limit CO ₂ emissions from the energy and industrial sectors through the allocation of allowances, thereby creating scarcity, so that a functioning market can develop later and overall emissions are then really reduced.

Emission trading encourages emissions abatement across industry/ sectoral actors at least total cost.

The initial proposals for the SCCB imply that the Scottish Government does not intend to regulate Scottish traders within this scheme any further.

The SCCB consultation discusses whether the actual emissions or permitted emissions of Scottish traders within the EUETS should be monitored and entered into the emissions inventory.

SEA assessment would suggest that actual emissions are monitored, as purchased credits may reflect reduced emissions in the EU overall, but do not count towards domestic reductions.

From an environmental viewpoint, it is actual reductions, made in Scotland, that are key to realising progress towards the Bill targets.

7

EC Directive amending Directive 2003/87/ EC establishing a scheme
for greenhouse gas emission allowance trading within the Community,
in respect of the Kyoto Protocol's project mechanisms with EEA
relevance (2004)

(2004/101/ EC)

http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=CELEX:32004L0101:EN:NOT

The European Parliament and Council issued Directive 2004/101/ EC on 27 October 2004 to cover the text of the Kyoto Protocol with relevance to the EEA.

This Directive effectively amended the original Directive 2003/87/ EC which set up the EUETS.

Objectives and approach

The Linking Directive, as it is known, allows emissions credits generated by Kyoto project-based mechanisms (through Joint Implementation and the Clean Development Mechanism) to be used to meet EUETS obligations.

Specifically, the Directive allows the use of certified emissions reductions ( CERs) from 2005 and emission reduction units ( ERUs) from 2008.

The use of CERs and ERUs will take place in the same way as use of EUAs.

In Phase II of the EUETS, a limit on the use of CERs and ERUs will be set in each Member State's National Allocation Plan

As above.

CDM & JI credits are logically acceptable in demonstrating emissions reduction/ accounting at a wider scale, however the SCCB should primarily focus on actual emissions reductions in Scotland.

The consultation document suggests that Government will not address the emissions of traders within the EUETS (about 50% of Scotland's emissions) as it does not want to increase the regulatory burden.

From an environmental viewpoint, reporting on emissions should therefore reflect the actual emissions of these companies, rather than utilise accounting methods representing actual reductions in other countries.

8

EU Action Plan for Energy Efficiency 2007-2012: Realising the
Potential (2006)

http://europa.eu/scadplus/leg/en/lvb/l27064.htm

Outlines a framework of policies and measures with a view to intensify the process of realising over 20% estimated savings potential in EU annual primary energy consumption by 2020.

The Commission considers the biggest energy savings are to be made in the following sectors:

• residential and commercial buildings (tertiary), with savings potentials estimated at 27% and 30% respectively,
• the manufacturing industry, with the potential for a 25% reduction, and
• transport, with the potential for a 26% reduction in energy consumption.

These sectoral reductions of energy consumption correspond to overall savings estimated at 390 million tonnes of oil equivalent (Mtoe) each year or 100 billion per year up to 2020.

They would also help reduce CO2 emissions by 780 million tonnes per year.

These potential savings come in addition to an estimated 1.8% (or 470 Mtoe) reduction in annual consumption which would partly stem from other measures already adopted and normal replacements of material.

The SCCB will put into statute an ambitious target that should consolidate the Scottish approach to realising energy efficiency savings.

9

EU Renewable Energy Road Map

Renewable energies in the 21st century: building a more
sustainable future (2006)

http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!
DocNumber&lg=en&type_doc=COMfinal&an_doc=2006&nu_doc=848

The Road Map sets out the Commission's long-term strategy for renewable energy in the European Union ( EU).

The aim of this strategy is to enable the EU to meet the twin objectives of increasing security of energy supply and reducing greenhouse gas emissions.

The Road Map provides for each Member State to adopt mandatory targets and action plans in line with its potential.

These action plans must include specific measures and objectives for the three following sectors: electricity, biofuels and heating and cooling.

This flexible approach will leave Member States enough room for manoeuvre.

It also proposes creating a new legislative framework to enhance the promotion and use of renewable energy.

In the Road Map, the Commission proposes setting a mandatory target of 20% for renewable energy's share of energy consumption in the EU by 2020 and a mandatory minimum target of 10% for biofuels.

SCCB primary legislation and targets should drive the adoption of measures outlined in the Road Map.

Where opportunities exist to adopt the targets in the Road Map, the SCCB may help to drive more ambitious targets.

10

EC Directive on energy end-use efficiency and energy services (2006)

(2006/32/ EC)

http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2006
/l_114/l_11420060427en00640085.pdf

A directive on energy end-use efficiency and energy services was adopted in December 2005.

The directive requires member states to draw up national action plans to achieve 1% yearly energy savings in the retail, supply and distribution of electricity, natural gas, urban heating, and other energy products including transport fuels.

The 1% target is only indicative but the national action plans will need approval from the Commission and will be reviewed every three years.

The process will be spread over nine years, starting in January 2008.

The SCCB target and associated legislation will promote energy efficiency and should drive those measures outlined in the Directive.

11

EC Directive on the Energy Performance of Buildings (2002)

(2002/91/ EC)

http://ec.europa.eu/energy/demand/legislation/buildings_en.htm

In force since January 2003 aiming to realise ambitious increases in the energy performance of public, commercial and private buildings in all Member States.

Estimates project cost-effective savings potentials realisable by 2010 of around 22% within the building sector - if this potential was realised, around 20% of the EU Kyoto commitment could be met.

The Directive is set to promote the improvement of energy performance of buildings with four requirements to be implemented by the Member States :

• General framework for a methodology of calculation of the integrated performance of buildings
• Setting of minimum standards in new and existing buildings
• Energy Certification of Buildings
• Inspection and assessment of heating and cooling installations.

Energy performance of buildings is likely to be an important feature in meeting the SCCB targets.

Further work on energy performance and standards is progressing throughout government.

12

Bern Convention on the Conservation of European Wildlife and
Natural Habitats (1979)

http://www.coe.int/t/e/cultural_co-operation/environment/
nature_and_biological_diversity/Nature_protection/

Aimed to promote co-operation between European states to protect biodiversity.

Requirement to protect these sites from loss or damage by development (e.g. that may occur from renewables development).

The SCCB should drive suitable and appropriate action on renewables but not at the expense of biodiversity interests.

13

EU Habitats Directive (1992)

(92/43/ EC)

http://europa.eu.int/comm/environment/nature/
nature_conservation/eu_nature_legislation/
habitats_directive/index_en.htm

The main aim of the EC Habitats Directive is to promote the maintenance of biodiversity by requiring Member States to take measures to maintain or restore natural habitats and wild species at a favourable conservation status, introducing robust protection for those habitats and species (listed in Annex I and II) of European importance.

In applying these measures Member States are required to take account of economic, social and cultural requirements and regional and local characteristics.

The SCCB should be mindful of the potential impact of climate change mitigation on natural habitats.

The Directive has a major influence on the development process which could represent a constraint on mitigation measures driven by the SCCB.

14

The Pan-European Biological and Landscape Diversity Strategy (1995)

http://www.coe.int/t/e/cultural_co-operation/environment/
nature_and_biological_diversity/Biodiversity/

The Strategy aims to reverse the decline of landscape and biological diversity, by promoting innovation and proactive policy making.

It supports preceding measures for protecting natural heritage, and aims to supplement this by further supporting a number of action themes relating to different environmental resources.

The SCCB should support the Strategy and national policies and programmes that have emerged as a result.

The emphasis on maintaining diversity and distinctiveness should be borne in mind as far as possible.

15

EU Air Quality Directive (1996)

(96/62/ EC)

http://eur-lex.europa.eu/LexUriServ/site/en/consleg/1996/L/
01996L0062-20031120-en.pdf

This Directive revises existing legislation and introduces new air quality standards for previously unregulated air pollutants, setting the timetable for the development of subsequent directives on a range of pollutants.

Mandatory standards set for air quality together with limits and guidance.

Overall commitment to air quality should be taken into account, particularly in terms of potential influence of land use decisions, specific contributions of the transport sector and local air quality implications of energy choices.

16

White Paper- European Transport Policy for 2010 (2001)

http://ec.europa.eu/transport/white_paper/index_en.htm

Outlines what has been achieved to date at the EU and member state level, and what the key targets are for the future.

Series of principles presented including:

• Revitalise the railways
• Improve quality in the road transport sector
• Balance growth in air transport and the environment
• Turn intermodality into reality
• Improve road safety
• Policy on effective road charging
• Develop high quality urban transport
• Develop medium and long-term environmental objectives for a sustainable transport system

The White Paper suggests measures to 2010 by which time the SCCB will be implemented.

17

EC Industrial Pollution Prevention and Control Directive (1996)

(96/61/ EC)

http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=CELEX:31996L0061:EN:NOT

The IPPC Directive provides an integrated approach to establish pollution prevention from stationary "installations", as listed in the Directive, with a wide range of polluting activities included.

The Directive is similar to the UK regime of Integrated Pollution Control ( IPC), but covers more aspects of the environment.

The Directive defines the basic obligations to be met by all the industrial installations concerned, whether new or existing.

These basic obligations cover a list of measures for addressing discharges to water, air and soil and for tackling waste, wastage of water and energy, and environmental accidents.

They serve as the basis for drawing up operating licences or permits for the installations concerned.

Accordingly, the Directive:

• lays down a procedure for applying for, issuing and updating operating permits;
• lays down minimum requirements to be included in any such permit (compliance with the basic obligations, emission limit values for pollutants, monitoring of discharges, minimisation of long-distance or transboundary pollution).

The SCCB could inform the development of future IPPC legislation e.g. to increase the focus on, and reduce emissions of, GHGs.

The IPPC Directive includes energy efficiency requirements which are designed to minimise pollution arising from consumption of energy in industrial processes.

Energy efficiency strategies driven by the SCCB will therefore enable industry to easier comply with the requirements of the Directive.

Guidance on energy efficiency through IPPC should be strengthened to reflect the priority concerns.

18

Water Framework Directive (2000)

(2000/60/ EC)

http://europa.eu.int/comm/environment/water/
water-framework/index_en.html

The most substantial piece of EU water legislation to date.

Central to the framework is an integrated approach through River Basin Management Planning ( RBMP) which will consider the cumulative impacts of all activities within a river basin and district and the risk posed to the environment.

Environmental objectives will be set for each water body.

The aim is to prevent deterioration in status and to achieve "good" ecological status in all surface and groundwater bodies by 2015 and limit the quantity of groundwater abstraction to that portion of overall recharge not required by ecology.

The Directive will inform strategies stemming from the SCCB, in that mitigation of climate change is also an important protective measure for UK waters.

Provisions enabled by the SCCB should not contribute to deterioration in water quality or lead to targets being missed e.g. compromise the number of water bodies reaching "good ecological status".

19

EU Waste Framework Directive (2006)

(2006/12/ EC)

http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=CELEX:32006L0012:EN:NOT

The Waste Framework Directive

• sets out a system for the coordinated management of waste within the community
• sets out the foundation for sustainable waste management
• defines waste and introduces the principles of the waste hierarchy, proximity principle and self sufficiency

The Waste Framework Directive requires that Member States

• ensure that waste is recovered or disposed of without endangering human health and the environment
• take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste

Holders of waste must

• ensure the disposal or recovery of their waste themselves in accordance with the provisions of the Directive or
• have it handled by an authorised collection-, disposal- or recovery undertaking

Any establishment undertaking or carrying out waste disposal or recovery operations must have a permit and be inspected at regular intervals.

Policies adopted to help meet targets set by the SCCB should recognise the waste sector as a potential area for GHG savings.

Effective education programmes, coupled with realistic incentives to encourage greater participation in energy, resource and waste efficiency would also help achieve ambitious targets.

20

EU Thematic Strategy on Air Pollution (2005)

http://ec.europa.eu/environment/air/cafe/index.htm

Sets out interim objectives for improving air quality.

Notes that existing legal instruments will be merged to form single Directive on Air Quality.

States that air pollution can have consequences for health and ecosystems, primarily by processes of acidification and eutrophication.

Sets targets for reducing specific pollutants.

The SCCB could help to contribute to these targets, by encouraging appropriate policies for greater action on transport, waste management and other potentially polluting activities.

21

EU Thematic Strategy for Soil Protection (2005)

http://ec.europa.eu/environment/soil/index.htm

Notes that soil has important functions but that degradation of its quality is accelerating, partly due to wind and water erosion and also as a result of depletion of organic matter content.

It sets out commitments to improving quality as a result, including development of a New Directive.

A Scotland wide strategy for soil will be developed in the near future.

The SCCB should drive action to improve the maintenance of Scottish high carbon soils, to prevent conversion from carbon sink to emissions source.

22

The Convention on Biological Diversity (1992)

http://www.cbd.int/convention/convention.shtml

Established three main goals:

• the conservation of biological diversity
• the sustainable use of its components
• the fair and equitable sharing of the benefits from the use of its genetic resources

Requirement for each country who has signed the declaration to develop national strategies, plans or programmes for the conservation and sustainable use of biodiversity.

Programmes resulting from the SCCB must consider biodiversity within their objectives.

Adequate consideration of impacts affecting biodiversity should be considered at all levels, from strategic planning to project management.

Appropriate EIA/ SEA/ AA should help.

23

Council of Europe, European Landscape Convention (2000)

http://conventions.coe.int/Treaty/en/Treaties/Html/176.htm

States that landscapes across Europe make an important contribution to quality of life and cultural identity, but that they are being transformed as a result of a number of factors, including town planning, transport, built infrastructure and the economy.

Requires Member States to develop more comprehensive frameworks to protect and enhance landscapes.

Programmes resulting from the SCCB should reflect the aims of the Convention, by considering impacts of projects/ proposals on designated and non designated landscapes, particularly in terms of potential loss of distinguishing features.

Appropriate EIA/ SEA/ LCA should help.

24

European Sixth Environmental Action Programme 2002-2012 (2002)

http://europa.eu/scadplus/leg/en/lvb/l28027.htm

Sets out a strategy for the environmental component of sustainable development in Europe.

States that climate change, nature and biodiversity, health and quality of life and natural resources and waste should be prioritised.

Provides a framework for new national level environmental legislation, and encourage involvement and integration of environmental issues across wider policy sectors.

The SCCB should encourage action on emissions reduction, however this action must reflect these aspects of sustainability, by helping to deliver on the thematic strategies that have been prepared under the programme.

25

EU Biofuels Directive (2003)

(2003/30/ EC)

http://ec.europa.eu/energy/res/legislation/doc/biofuels/en_final.pdf

Aims to promote the use of biofuels or other renewable transport fuels as substitutes for fossil fuels in the transport sector.

Requires member states to set indicative targets for biofuel sales in 2005 and 2010.

Given the single UK fuel market, UK wide targets have been set for the uptake of biofuels.

The target for 2005 was set at 0.3% of total sales, with a target of 5% being agreed for 2010.

The target in the Directive should be seen as a starting point for initiatives driven by the Bill.

Biodiesel from waste should be seen as a win-win option and more eco-friendly than primary production and extraction of fuel from biomass.

26

Taking sustainable use of resources forward: A Thematic Strategy
on the prevention and recycling of waste (2005)

http://ec.europa.eu/environment/waste/strategy.htm

One of several sectoral focused strategies produced under the Environmental Action Programme.

Recycling of materials has the potential to offer GHG savings.

The SCCB should drive greater action on innovation in separation, collection and effective re-use of wastes.

27

UK Climate Change Programme (2006)

http://www.defra.gov.uk/ENVIRONMENT/climatechange/

The UK Government has identified climate change as the most serious environmental problem facing the world today and one that will inevitably become more serious in the short to medium term.

Outlines the UK's contribution to the global response to climate change.

The programme sets out a strategic package of policies and measures across all sectors of the economy to achieve the targets set.

To deliver the UK's commitment of a 12.5% reduction in greenhouse gas emissions from 1990 levels by 2008 - 2012.

Programme is designed to move the UK towards its domestic target of 20% reduction in 1990 levels of CO2 emissions by 2010.

May be superceded by the new UK Climate Change Bill target of 60% CO2 reductions by 2050.

The measures outlined in the Programme may be used further or strengthened to drive action on the 60% target.

These options may apply to reserved and devolved policies.

The SCCB will implement legislation in devolved policy areas designed to help achieve the Scottish 80% emissions reduction target.

28

Climate Change and Sustainable Energy Act (2006)

http://www.opsi.gov.uk/ACTS/acts2006/
ukpga_20060019_en_1#pb2-l1g2

Provisions on the reduction of emissions of greenhouse gases, the alleviation of fuel poverty, the promotion of microgeneration and the use of heat produced from renewable sources, compliance with building regulations relating to emissions of greenhouse gases and the use of fuel and power, the renewables obligation relating to the generation and supply of electricity and the adjustment of transmission charges for electricity; and for connected purposes.

Targets will be set between 1st November 2008 to 31st March 2009 for the number of microgeneration systems installed in the UK.

The number of microgeneration systems targeted will impact on the trajectory towards SCCB carbon reduction targets.

29

Meeting the Energy Challenge: A White Paper on Energy (2007)

http://www.berr.gov.uk/files/file39564.pdf

We face two long-term energy challenges:

• tackling climate change by reducing carbon dioxide emissions both within the UK and abroad; and
• ensuring secure, clean and affordable energy as we become increasingly dependent on imported fuel.

This White Paper, published on 23 May 2007, sets out the UK Government's international and domestic energy strategy to respond to these changing circumstances, address the long term energy challenges we face and deliver on four energy policy goals.

Energy strategy outlined in the White Paper will have an impact on the delivery of targets outlined in the SCCB.

The SCCB is likely to encourage uptake of renewables outlined in the White Paper.

Distributed generation and microrenewables will provide an element, and consideration should be given to grid investment where required.

30

UK Energy Act (2004)

http://www.opsi.gov.uk/acts/acts2004/20040020.htm

Following the introduction of the Energy Act 2004, a new regime for renewable energy sources was introduced.

This provides for the designation of 'renewable energy zones' in which rights under Part V of the UN Convention may be exercised to exploit water or wind energy.

Renewables development will be central to meeting the targets set by the SCCB.

The regime outlined in the Act will provide the framework for this process.

31

The Energy Challenge: Energy Review Report (2006)

http://www.berr.gov.uk/files/file31890.pdf

Appraisal of current UK energy policy, with particular focus on climate change and security of supply.

Introduction of further measures to further energy policy goals.

In total by 2020, it is estimated that the measures proposed on energy efficiency could be saving of 6 - 9 MtC (million tonnes of carbon), around 4 - 6% of total emissions in 2005, on top of the 12 MtC saving that will come from the policies announced in the 2006 Climate Change Programme by 2010.

The proposals outlined in the report offer savings additional to the UK Climate Change Programme.

These measures have potential for adoption in Scotland, and the SCCB could drive uptake and integration.

32

Sustainable Energy Act (2003)

http://www.opsi.gov.uk/acts/acts2003/20030030.htm

Requires Government to report annually to Parliament on the 135 commitments in the Energy White Paper on reducing emissions and ending fuel poverty.

• Government to set an energy efficiency aim for residential sector.
• Enables Government to set binding targets for local authorities falling short of targets under the Home Energy Conservation Act (1995).
• Government to set a target for Combined Heat and Power (a way of using 'Waste heat' to generate electricity) in Government buildings.
• Requires Ofgem (the gas and electricity regulator) to publish environmental impact assessments of its actions.
• Releases £60 million for developing renewable sources of energy.

The reporting requirements of the UK Act could feed into and inform Scottish reporting requirements enabled by the SCCB.

33

Our Energy Challenge- Microgeneration Strategy: Power from
the People (2006)

http://www.dti.gov.uk/energy/sources/sustainable/
microgeneration/strategy/page27594.html

The objective of Government's Microgeneration strategy is to create conditions under which microgeneration becomes a realistic alternative or supplementary energy generation source for householders, communities and small businesses.

Technologies includes solar (photovoltaics ( PV) to provide electricity and thermal to provide hot water), micro-wind (including rooftop mounted turbines), micro-hydro, heat pumps, biomass, micro combined heat and power (micro CHP) and small-scale fuel cells.

A DTI study from the Energy Saving Trust ( EST) suggested that by 2050, microgeneration could provide 30-40% of the UK's electricity needs and help to reduce household carbon emissions by 15% per annum.

Microgeneration will contribute to progress towards SCCB carbon reduction targets.

Enabling powers in the SCCB could, in appropriate circumstances, allow the planning system or require the system to fast-track micro-renewables applications.

Historic environment and Conservation Areas may present barriers to this process.

The SCCB may inform consultation between planning authorities and Historic Scotland to reach agreement/ solutions/ guidelines for installations in older buildings.

34

Home Energy Conservation Act (1995)

http://www.opsi.gov.uk/ACTS/acts1995/
Ukpga_19950010_en_1.htm#content

Makes provisions for the drawing up of local energy conservation reports in relation to residential accommodation; to give the Secretary of State functions in connection to; and for related purposes.

Requires local authorities to set out a report of energy conservation measures considered practicable, cost-effective and likely to result in significant improvement in the energy efficiency of residential accommodation in the area.

Gains in home energy saving will be central to achieving SCCB targets.

The Act is the main piece of legislation in this area.

Reporting requirements on energy efficiency could be reviewed and key features related to wider action or initiatives under the SCCB captured.

35

One future-different paths: The UK's Shared Framework for
Sustainable Development (2005)

http://www.sustainable-development.gov.uk/publications/
pdf/SD%20Framework.pdf

The UK Government and Devolved Administrations launched their new Strategic Framework on 7 March 2005 in conjunction with the UK Government's new strategy for sustainable development "Securing The Future".

The framework document sets out what those are, and is an affirmation that, although we have devolved government, we will work to common goals without compromising the strengths which our diversity of approach offers.

Introduces a new set of high-level indicators - the ' UK Framework Indicators', to give an overview of sustainable development and the priority areas in the UK.

The UK Framework indicators are intended to cover key impacts and outcomes that reflect the priority areas we share across the UK. The indicators are:

1. Greenhouse gas emissions: Kyoto target and CO ₂ emissions

2. Resource use: Domestic Material Consumption and GDP

3. Waste: arisings by (a) sector (b) method of disposal

4. Bird populations: indices (a) farmland birds (b) woodland birds

(c) birds of coasts and estuaries

5. Fish stocks: fish stocks around the UK within sustainable limits

6. Ecological impacts of air pollution: area of UK habitat sensitive to acidification and eutrophication with critical load exceedances

7. River quality: rivers of good (a) biological (b) chemical quality

8. Economic output: Gross Domestic Product

9. Active community participation: civic participation, informal and formal volunteering at least once a month

10. Crime: survey and recorded for (a) vehicles (b) domestic burglary (c) violence

11. Employment: people of working age in employment

12. Workless households: population living in workless households (a) children (b) working age

13. Childhood poverty: children in relative low-income households (a) before housing costs (b) after housing costs

14. Pensioner poverty: pensioners in relative low-income households (a) before housing costs (b) after housing costs

15. Education: 19 year olds with level 2 qualifications and above

16. Health inequality: (a) infant mortality (by socio-economic group) (b) life expectancy (by area) for men and women

17. Mobility: (a) number of trips per person by mode (b) distance travelled per person per year by broad trip purpose

18. Social justice: (measures to be developed)

19. Environmental equality:(environmental measures to be developed)

20. Well being: (measures to be developed if supported by the evidence)

Measurement of progress under the SCCB should take account of sustainable development indicators as the two issues are uniquely inter-related.

36

Securing the Future: The UK Government Sustainable Development
Strategy (2005)

http://www.sustainable-development.gov.uk/publications/
pdf/strategy/SecFut_complete.pdf

This is the UK strategic framework for sustainable development up to 2020 which has been agreed with the devolved administrations.

The framework includes:

• a shared understanding of sustainable development
• a vision of what is to be achieved and the necessary guiding principles
• sustainable development priorities for UK action at home and internationally
• indicators to monitor key issues on a UK basis

Priority areas are:

• sustainable consumption and production
• climate change and energy
• natural resource protection and environmental enhancement
• sustainable communities

Indicators for the UK Strategy include all 20 of the UK Framework indicators and a further 48 related to the priority areas.

Four key goals detailed within the White Paper:

• To develop a path to cut the UK's carbon dioxide emissions, the main contributor to global warming, by 60% by about 2050 with real progress by 2020;
• To maintain the reliability of energy supplies;
• To promote competitive markets in the UK and beyond, helping to raise the rate of sustainable economic growth and to improve our productivity; and
• To ensure that every home is adequately and affordably heated.

The package of policies in the White Paper could save between 84 - 121 MtCO2 by 2020.

The SCCB will operate within this Framework; however, in Scotland this Strategy only covers non-devolved issues. Devolved issues are addressed in 'Choosing Our Future, Scotland Sustainable Development Strategy'.

The Bill will likely inform the development of future strategies - these should always include commitments to action (at all levels), identify responsibilities for action and consequences for not achieving targeted action.

Action, targets and consequences must be realistic and achievable but challenging.

Any action related to the SCCB must take account of the inter-dependencies of environment, social and economic issues however, the environmental aspects of dangerous climate change must act as a key driver to address future development choices in order to redress the sustainability balance to limit impacts and achieve an equitable future.

37

The Renewable Transport Fuel Obligations Order (2007)

http://www.opsi.gov.uk/si/si2007/20073072.htm

The RTFO Order 2007 came into force on 26 October 2007, and will begin operation in April 2008.

The RTFO Order imposes obligations on those who refine, import and supply hydrocarbon oil in the UK.

The RTFO will also be of interest to producers and suppliers of biofuels, vehicle manufacturers and those looking to invest in "green" technologies.

The RTFO is a requirement on transport fuel suppliers to ensure that by 2010, 5% of all road vehicle fuel supplied to the UK is from sustainable renewable sources, thereby creating demand for 2.5 billion litres of biofuel per year.

The obligation will apply across the whole of the UK to any road transport fuel supplier who supplies more than 450,000 litres of fossil fuel per annum.

The RTFO is likely to be an important mechanism by which the targets of the SCCB can be realised.

Biofuel imports must be properly scrutinised to ensure they do not result in transferred environmental degradation.

38

The Future of Air Transport White Paper (2003)

http://www.dft.gov.uk/about/strategy/whitepapers/air/

Sets out the strategic framework for the development of airport capacity in the UK over the next 30 years, against the wider context of the air transport sector.

It does not authorise or preclude any particular development, but sets out a policy framework which will inform decisions on future planning applications, and against which the relevant public bodies, airport operators and airlines can plan ahead.

The Scottish Government must consider measures within devolved powers to address emissions from the air transport (and maritime) sector while allowing for acceptable development of capacity.

39

The Pollution Prevention and Control Act (1999)

http://www.opsi.gov.uk/ACTS/acts1999/19990024.htm

Sections 1 and 2 of the Act confer on the Secretary of State power to make regulations providing for a new pollution control system to meet the requirements of European Council Directive 96/61/ EC on Integrated Pollution Prevention and Control (the " IPPC Directive") and for other measures to prevent and control pollution.

Generally these powers are also conferred to the Scottish Government.

The Act establishes the pollution control framework that the action to meet SCCB targets will operate within.

Provisions driven by the Bill have the potential to impact pollution regulated by the Act.

40

The Air Quality Strategy for England, Scotland, Wales and
Northern Ireland (2007)

http://www.defra.gov.uk/environment/airquality/strategy/

Describes the plans drawn up by UK Government and devolved administrations to improve and protect ambient air quality in the UK in the medium-term.

• sets out a way forward for work and planning on air quality issues
• sets out the air quality standards and objectives to be achieved
• introduces a new policy framework for tackling fine particles
• identifies potential new national policy measures which modelling indicates could give further health benefits and move closer towards meeting the Strategy's objectives.

Standards set for 10 main air pollutants of particular concern to human health:

• benzene;
• carbon monoxide;
• nitrogen dioxide;
• particles ( PM 2.5 and 10)
• polyaromatic hydrocarbons;
• 1,3- butadiene;
• lead;
• ozone;
• sulphur dioxide;
• ammonia

The standards are purely health based and objectives are to be derived from these, taking into account practicality, technical feasibility and economic factors.

Action to meet SCCB targets should contribute to these aims where possible.

Reducing pollution by reducing vehicle use is closely aligned with savings in GHG emissions resulting from reducing transport emissions.

41

The UK Forestry Standard: The Government's Approach to
Sustainable Forestry (2004)

http://www.forestry.gov.uk/pdf/fcfc001.pdf/$FILE/fcfc001.pdf

The two central aims of the Standard are

• the sustainable management of our existing woods and forests; and
• a steady expansion of tree cover to increase the many diverse benefits that forests provide.

Within this, key objectives include:

• Maintaining or improving the stability of soil condition (forest soil condition)
• Protect or improve water quality (water quality, yield and discharge)
• Protect and enhance value of forests as carbon sinks and stores (net carbon sequestration and air pollution)
• Maintain contribution of timber production to the economy
• Conserve and enhance biodiversity in and around woodlands (nature conservation
• Safe and efficient workforce activities
• Opportunities are enhanced for rural development; access and recreation; quality of life; awareness and participation; community involvement; and skills training.
• Protect and enhance cultural heritage and landscape quality

Presents wide ranging benefits over and above emissions reduction.

Mitigation by forestry must be considered as a carbon neutral option as any use of woodfuel would re-introduce sequestered carbon to the atmosphere.

The forestry sector can play an important role when biomass for energy reduces fossil fuel consumption.

Long-term afforestation for natural heritage management rather than sustainable yields would go some way to mitigating emissions by acting as a natural sink for carbon.

42

UK Biodiversity Action Plan (1994)

http://www.defra.gov.uk/wildlife-countryside/
biodiversity/ukbap/index.htm

Published in response to the Convention on Biological Diversity.

The plan highlights a number of priority habitats and species with associated action plans at the species, habitat and local level.

Actions under the SCCB must be mindful of the potential impact of emissions mitigation on natural habitats.

The Plan has a major influence on the development process which could represent a constraint on mitigation measures driven by the Bill.

43

Changing our Ways: Scotland's Climate
Change Programme (2006)

http://www.scotland.gov.uk/Publications/
2006/03/30091039/0

This updates the Programme published in 2000 and represents a stepping up of Government action and ambition to tackle climate change.

Provides a framework for achieving carbon savings through the identification of the Scottish Share of UK climate change commitments and the setting of a Scottish Target to exceed this share by 1 million tonnes (C equivalent) by 2010.

Shows how the Government is promoting an appropriate adaptation response to the inevitable impacts of climate change.

Recognises the contribution that the agriculture sector can make to tackling climate change.

Highlights the opportunities it presents in terms of business development and the important role the LMC approach and the Scottish Rural Development Programme will make.

Reflects on the role of biomass energy and the need to encourage it to help it become more economically viable.

Emphasises the need for forestry based mitigation to be undertaken in relation to the wider rural development policy agenda.

Supports the planting of woodland which delivers a range of benefits (economic, social and environment), including its role as a carbon sink.

Highlights challenges arising from timber transportation, particularly as production levels continue to rise.

Reduction in 2010 CO2 against 1990 levels of 2.7 million tonnes per year.

Programme policies will help contribute to achieving targets established in the SCCB.

Suitable SEA/ EIA and Life Cycle Assessments should be incorporated to ensure that the most sustainable carbon choices are made in conjunction with wider environmental implications.

Action to introduce emissions reduction measures to show progress towards targets must be tempered with suitable mitigation of impacts on other environmental receptors.

44

Potential Adaptation Strategies for Climate Change
in Scotland (2001)

http://www.scotland.gov.uk/cru/kd01/
lightgreen/pascc-00.asp

Identifies full range of potential adaptation strategies for Scotland, including those specifically relating to agriculture, forestry, fishing and biodiversity.

Emphasises the importance of flexible resource management and the need to move on from defining conservation objectives on the basis of single species or fixed locations as these may no longer be achievable.

The Strategy notes that:

'…the fragmented and often overlapping nature of policies for forestry, agriculture and biodiversity impedes appropriate adaptation strategies.

In the medium-term, drivers of change from agriculture, from mitigating greenhouse gas emissions, from sustainability issues and from the protection of biodiversity may lead to a blurring and perhaps complete removal of the distinctions between policies for forestry, agriculture and biodiversity.'

Action under the SCCB should take account of, and drive adoption of the adaptation strategies discussed in this report.

There may be further calls for an integrated rural strategy for Scotland that facilitates greater integration between land managers, public bodies, support mechanisms and available advice/ incentives to drive appropriate action that improves natural heritage management and significantly reduces land management and land use change GHG emissions.

As a ruling principle, adaptation measures should take account of the desire to reduce emissions.

45

Scotland's Climate Change Declaration

http://www.sustainable-scotland.net/
climatechange/index.asp?pg=2

Scotland's Climate Change Declaration acknowledges the reality and importance of climate change and is a means of demonstrating local leadership and commitment to action.

The Declaration includes commitments both to mitigate the impact of Local Authorities on climate change through reducing greenhouse gas emissions and to adapt to predicted climate change impacts.

The participation of Local Authorities is particularly important if targets set out in the SCCB are to be realised.

The measures outlined in the declaration provide a methodology of how the Authorities intend to contribute to climate change mitigation.

Reporting on action under the SCCB could provide a platform for Local Authorities to develop their climate change strategies, share best practice and maintain the long-term focus on continual re-investment of energy savings in developing greater efficiencies and reducing energy demand.

46

Scotland and UK Energy Policy, statement by Energy Minister on the
UK Energy White Paper (2007)

http://www.scotland.gov.uk/News/News-Extras/
scotlandukenergypolicy

A Statement to Parliament on the UK Energy White Paper by Energy Minister Jim Mather. Key points include:

• Commitment to mitigation of climate change
• Nuclear power is not seen as an appropriate GHG reduction measure in Scotland
• Renewables focus should be on Scotland's abundant wind, wave and hydro sectors
• Opportunity exists for Scotland to take a lead in carbon capture technology
• Current transmission charging scheme works against the development of renewables
• Need for increased support for wave and tidal power

Current Administration does not see a role for nuclear power to deliver GHG emissions reductions in Scotland.

SCCB is likely to focus on development of renewables.

The SCCB may drive the development of carbon capture.

Carbon capture is an end-of-pipe solution, which may offer means of reducing some GHG emissions to atmosphere, but it will not discourage fossil fuel use.

Strategic short-term focus should be on energy efficiency and significant investment in proven renewables technologies.

47

Securing a renewable future: Scotland's Renewable Energy (2003)

http://www.scotland.gov.uk/Publications/
2003/03/16850/20555

Notes the Scottish Government's target of achieving 18% of electricity generation in Scotland from renewables by 2010.

Includes a commitment to biomass generation in Scotland and notes the importance of the industry's role in achieving targets.

Also discusses opportunities arising from biofuel initiatives, including short rotation coppice and co-products from timber operations and agriculture.

The Scottish Government has recently announced new targets of 31% by 2011 and 50% by 2020.

The SCCB may include enabling mechanisms to deliver further rapid development of renewable energy past 2010.

48

Energy Efficiency and Microgeneration Strategy (Draft) (2007)

http://www.scotland.gov.uk/Resource/Doc/
169519/0047225.pdf

Strategy identifies measures for Government to encourage more households, the public sector and businesses to take up opportunities, and outlines a package of policies to drive an increase in energy efficiency and encourage the uptake of microgeneration across these sectors of the economy.

The Government have finished consulting on this strategy but have not finalised it at the time of writing.

The number of microgeneration systems delivered will have a major impact on the trajectory towards SCCB carbon reduction targets.

The SCCB will encourage the implementation of microgeneration projects, but must be supported by distributed generation capacity in the national grid.

49

Forum for Renewable Energy Development in Scotland: Promoting
and Accelerating the Market Penetration of Biomass Technology
in Scotland (2005)

http://www.scotland.gov.uk/Publications/2005/01/20616/51406

Concluded that a Scottish biomass industry has the potential to supply as much as 450 MW of electricity from sustainable wood fuel resources while employing over 2,000 people and stimulating other sectors of the Scottish economy.

Report states that this is a conservative estimate.

The successful development of biomass technology in Scotland using energy crops as the fuel source would further boost electrical output and employment.

However, it could take 5 years to lay the foundations for this industry.

Considers establishment of basic infrastructure required and the partnership between Government and industry needed to deliver this potential.

Government targets 18% electricity generated in Scotland by 2010 should be from renewable sources, rising to 40%by 2020.

Government is committed to meeting targets by promoting a range of technologies, and biomass has the potential to play an important role.

The Scottish Government has recently announced new renewables targets of 31% by 2011 and 50% by 2020.

The ambitious SCCB target should drive development and investment in the land use and woodfuel/ CHP sector.

Projects must be assessed for suitability for land-use change and wider impacts on local environmental receptors through appropriate EIA/ AA/ SEA.

Life cycle assessment may also be of use; however the key factor is the introduction of appropriate woody species in appropriately resilient habitats.

50

The Renewables Obligation (Scotland) Order (2007)

http://opsi.gov.uk/legislation/scotland/ssi2007/20070267.htm

The Renewables Obligation (Scotland) Order, or ROS, is a key measure in terms of increasing the level of renewable generating capacity in Scotland.

It imposes an obligation on electricity suppliers to provide an increasing percentage of supply from qualifying renewable energy sources.

Level is 6.7% for 2006/07, rising under current legislation to 15.4% in 2015/16.

The ROS can provide an important contribution to the targets of the SCCB.

The SCCB may inform and strengthen future ROS targets in order to facilitate achievement of long term objectives.

51

The Scottish Ministers' Wave and Tidal Energy Support Scheme

http://www.scotland.gov.uk/Topics/Business-Industry/Energy/
19185/WTSupportScheme/WTSupportSchemeIntro

The aim of the Scheme is to provide grants to businesses to support the installation and commissioning / deployment of pre-commercial wave and tidal electricity generating devices.

The scheme supports components of projects requiring testing e.g. mooring systems, foundation installation systems etc. that will lead to reduced project cost and/or improved operation and maintenance for the industry.

Key objectives

• To support the early development of wave and tidal technologies that need to complete pre-competitive R&D through deployment and demonstration in Scotland;
• To capture key data on the resource, costs (construction, installation, commissioning, operational and maintenance) and energy performance and revenue;
• To produce in a clear, transparent and unambiguous report, an economic evaluation of all projects supported by the scheme, whilst maintaining the confidentiality of commercially sensitive information;
• To promote the development of a diverse renewables supply;
• To secure the increased learning benefits and cost reductions from the initial deployment of these devices; and
• To increase carbon savings in line with the Scottish Ministers' commitment as set out in 'Changing our Ways: Scotland's Climate Change Programme' published in 2006.

Scotland missed out on developing wind energy technologies to current market leaders (mainly due to lack of investment on the introduction of North Sea gas and energy supplies).

R&D is of vital importance to the successful adoption of wave & tidal renewable energy in Scotland, and to create export opportunities.

Action to meet the SCCB target should recognise the importance of such schemes and seek to drive development of this and other such initiatives.

However, action on current proven technology must be supported to meet rising energy demands.

52

Building (Scotland) Regulations (2004)

http://www.opsi.gov.uk/legislation/scotland/
ssi2004/20040406.htm

Main requirements (with certain exemptions) are:

• every building must be designed and constructed in such a way that the insulation envelope resists thermal transfer
• every building must be designed and constructed in such a way that the heating and hot water service systems are designed, installed, and capable of being controlled to achieve optimum energy efficiency, having regard to the thermal transfer of the insulation envelope
• every building must be designed and constructed in such a way that temperature loss from heated pipes, ducts and vessels, and temperature gain to cooled pipes and ducts, is resisted
• every building must be designed and constructed in such a way that artificial or display lighting must operate and be capable of being controlled to achieve optimum energy efficiency
• every building must be designed and constructed in such a way that the form and fabric of the building minimises the use of mechanical ventilating or cooling systems for cooling purposes, and the ventilating and cooling systems are designed, installed, and capable of being controlled to achieve optimum energy efficiency
• every building must be designed and constructed in such a way that services which use fuel or power for heating, lighting, ventilating and cooling the internal environment and heating the water, are commissioned to achieve optimum energy efficiency
• the occupiers must be provided by the owner with written information on the operation and maintenance of the building services and a forecast of the energy consumption of the building
• Every building must be designed and constructed in such a way that provision is made for energy conservation in accordance with the Building Standards Circular on Energy, 2004.

The built environment in Scotland is a major energy consumer. A contributory factor to this is the way in which raw materials are used.

For example, cement imported from abroad produces significant quantities of CO2 in manufacture and transport but emissions do not count as Scottish emissions.

Using this material might, on paper, seem a better carbon option than locally-produced, particularly traditional materials, where all the production carbon will be counted against our local total but this does not fit with a responsible and sustainable approach to addressing the global problem of climate change.Integrating the principal of embodied energy into policy development could be a useful way of seeking to address this issue.

Scotland's policy framework needs to be sufficiently robust and sophisticated to mitigate against the "export" of emissions.

The SCCB target should act as a driver for continued strengthening of building standards in terms of energy efficiency.

Consideration could be given to requiring carbon accounting throughout design, development, materials selection, procurement, transportation and construction processes.

Medium term goals should be to improve overall energy efficiency and reduce fossil fuel consumption across the building and civil engineering sectors.

53

Scottish Building Standards Agency, Building Standards Circular
on Energy (2004)

http://www.sbsa.gov.uk/pdfs/energy_circular.pdf

It is the intention of the Scottish Government to maximise the contribution that the building standards can make to the conservation of fuel and power and the consequent reduction in emissions of CO ₂.

New buildings, conversions, extensions to buildings and alterations should therefore be designed and constructed so that the energy performance is 25% more efficient than would have been the case if the construction or conversion had been under the standards in force on 3 March 2002.

The targets set by the SCCB will inform future standards for energy performance.

54

The Home Energy Efficiency Scheme (Scotland) Regulations (2006)

http://www.opsi.gov.uk/legislation/
scotland/ssi2006/20060570.htm

These Regulations provide for grants for insulation and energy efficiency works and to install, repair or replace central heating systems.

They replace the Home Energy Efficiency Scheme Regulations 1997 (S.I. 1997/790), as amended.

Extend the central heating programme to allow for persons entitled to claim the guarantee element of pension credit and extend eligibility for measures to families with disabled children.

Installation, repair and replacement of domestic heating systems can reduce energy consumption across the sector.

With an ageing population, and housing stock, support through this scheme will require long-term commitment by Government.

55

Scottish Community and Householder Renewables Initiative

http://www.energysavingtrust.org.uk/schri/

SCHRI is operated by the Energy Savings Trust, as a one-stop shop offering grants, advice and project support to assist the development of new community and household renewable schemes in Scotland.

SCHRI is funded by the Scottish Government and managed jointly by the Energy Saving Trust and Highlands and Islands Enterprise ( HIE).

The objectives of SCHRI are:

• To support the development of community scale renewable projects
• To support the installation of household renewables
• To raise awareness of renewable technologies and benefits to Scotland

Adoption of small scale renewable energy technologies can provide an important contribution to the GHG reduction targets in the SCCB.

Actions under the SCCB should seek to promote participation in SCHRI and may drive future expansion of the initiative.

56

Loan Action Scotland

http://www.energysavingtrust.org.uk/
housingbuildings/funding/scottishbusiness/
financialassistance/

Loan Action Scotland (run by Energy Saving Trust) provides loans from £5,000 to £100,000 at 0% fixed interest to help finance energy saving measures.

The scheme is aimed at Scottish companies that fall within the EC definition of Small & Medium sized Enterprises ( SMEs).

Registered charities can also apply.

Schemes such as Loan Action Scotland could provide important contributions to the targets set by the SCCB.

57

National Transport Strategy (2006)

http://www.scotland.gov.uk/Publications/
2006/12/04104414/0

The National Transport Strategy was published in 2006 following the conclusion of a public consultation.

The NTS provides a long-term strategic framework to all Scottish transport developments across all modes of transport.

It will build on the 2004 Transport White Paper, Scotland's Transport Future, by showing how transport will contribute to five key priorities:

• economy;
• environment;
• social inclusion;
• safety; and
• integration

- over the medium to long term.

The NTS aims to contribute to the overarching goals of supporting economic growth, communities and the environment by providing efficient transport infrastructure.

The SCCB targets will be taken into account as future transport policies are developed.

58

Scotland's Transport Future- The Transport White Paper (2004)

http://www.scotland.gov.uk/library5/transport/stfwp-00.asp

Sets out the vision for Scotland's transport future and associated strategies and structures. The aim is to create safer, higher quality, more accessible and better integrated services.

The main aims are to:

• promote economic growth by building, enhancing, managing and maintaining transport services, infrastructure and networks to maximise their efficiency;
• promote social inclusion by connecting remote and disadvantaged communities and increasing the accessibility of the transport network;
• protect our environment and improve health by building and investing in public transport and other types of efficient and sustainable transport which minimise emissions and consumption of resources and energy;
• improve safety of journeys by reducing accidents and enhancing the personal safety of pedestrians, drivers, passengers and staff;
• improve integration by making journey planning and ticketing easier and working to ensure smooth connection between different forms of transport.

Environmental protection is a feature of this White Paper.

Action on making transport sustainable and reducing emissions from the sector will be influenced by the SCCB targets.

59

Strategic Locational Guidance for Onshore Wind farms in respect
of the Natural Heritage (2002)

http://www.snh.org.uk/pdfs/polstat/ar-ps01.pdf

Policy Statement sets out a number of principles that should guide the location of onshore wind farm projects so as to minimise effects on the natural heritage.

This guidance provides SNH's broad overview at a Scottish level of where there is likely to be greatest scope for wind farm development, and where there are the most significant constraints, in natural heritage terms, in order to safeguard Scotland's most valued natural heritage.

Development of onshore wind farms is likely to contribute significantly to GHG targets outlined in the SCCB.

Such developments will be guided at a project level by EIA and the advice in this Policy Statement.

60

A forward Strategy for Scottish Agriculture: Next Steps (2006)

http://www.scotland.gov.uk/Publications/2006/
03/01142456/13

This document builds on 'A Forward Strategy for Scottish Agriculture' published in 2001.

While the original strategy remains valid, it has been updated to reflect progress made and in particular focuses on the importance of sustainable development and climate change.

The report includes a series of indicators which could be used to monitor success of the strategy and a monitoring strategy has been prepared.

A working/ advisory group on climate change has been formed under the Strategy.

The Strategy recognises the need for Scottish agriculture to adapt and manage the risks associated with climate change and to make its contribution to mitigation in a range of ways.

SCCB targets will inform future policy development.

61

The Pollution Prevention and Control (Scotland)
Regulations (2000)

http://www.legislation.gov.uk/legislation/
scotland/ssi2000/20000323.htm

Regulations to ensure that Part A installations are operated such that there are no emissions to land, or where there are emissions to land, that no significant land, water or air pollution results.

Also works to ensure that Part A installations are returned to a satisfactory state upon cessation of activities; and that installations are operated such that no significant land pollution arises from emissions to air.

The Regulations establish the pollution control framework for Scotland that the SCCB will operate within.

Provisions driven by the Bill have the potential to impact pollution regulated by PPC.

62

Scottish Forestry Strategy (2006)

http://www.forestry.gov.uk/sfs

The Strategy is the Scottish Government's framework for taking forestry forward through the first half of this century and beyond.

It sets out a vision of a forestry sector that is

• diverse and strong;
• in tune with the environment;
• employing many people in a wide range of enterprises; and
• providing the many other services and benefits that people need, now and for the future.

Three outcomes are sought:

• Improved health and well-being of people and their communities;
• Competitive and innovative businesses contributing to the growth of the Scottish economy; and
• High quality, robust and adaptable environment

The Strategy highlights the potential for forestry to make a significant contribution to mitigating and adapting to climate change over the coming decades.

Action driven by the SCCB targets should include consideration of afforestation, biomass use, increased use of wood for construction, and reducing timber miles.

However, these must be advised by appropriate assessments of impacts upon other environmental receptors, including long-term soil quality aspects and impacts on the water environment.

63

Scottish Natural Heritage Policy Statement- Energy and
the Natural Heritage (06/02)

http://nnr-scotland.com/pdfs/polstat/EnergyPolStat.pdf

Sets out SNH policy on interaction between energy and the natural heritage. Energy policy should seek to comply with the principle of "living within environmental limits", and embrace the need to:

• use resources wisely and efficiently
• reduce emissions of greenhouse gases
• minimise the more local impacts which are determined by the scale and location of developments associated with the supply, distribution and use of energy
• use best scientific knowledge, both in the technologies for energy use and generation and in assessing their impact on natural heritage

Energy sector development must be subject to appropriate EIA/ AA/ LCA to assess impacts on wider environmental receptors in order to maintain natural heritage resources.

The 'higher' environmental imperative of reducing emissions must be properly assessed to determine indirect impacts and identify environmental mitigation strategies at the appropriate location and scale.

64

Scotland's Biodiversity- It's In Your Hands.

A strategy for the conservation and enhancement of
biodiversity in Scotland (2004)

http://www.scotland.gov.uk/Publications/
2004/05/19366/37239

Vision: 'It's 2030: Scotland is recognised as a world leader in biodiversity conservation. Everyone is involved; everyone benefits. The nation is enriched'

Aim: "To conserve Biodiversity for the health, enjoyment and well being of the people of Scotland now and in the future".

Objectives: sets out five main objectives relating to:

• Species and habitats;
• People;
• Landscapes and ecosystems;
• Integration and Ecosystems; and
• Knowledge.

Specifically,

• conserve what we have;
• sustain healthy ecosystems;
• create networks and connections not a piecemeal approach;
• engage more people;
• promote sustainable development.

The strategy also underlines the need to promote understanding and appreciation of natural heritage.

The SCCB should be mindful of the potential impact of emissions reduction measures on natural habitats.

The Biodiversity Strategy could influence the development process (e.g. in renewables/ biomass capacity development) which could represent a constraint on reduction measures driven by the Bill.

Appropriate EIA/ AA/ LCA and consultation on effective environmental mitigation strategies should be a prerequisite of land use change measures to ensure minimal damage and maximise biodiversity adaptation.

65

Biomass Action Plan for Scotland (2007)

http://www.scotland.gov.uk/Publications/
2007/03/12095912

Sets out a coordinated programme for the development of the biomass sector in Scotland.

Summarises various existing activities, and provides a framework under which they will be coordinated and supplemented by further action.

Plan has been informed by EU Biomass Action Plan, and shares the aims of promoting economic growth, commitment to renewables and diversification of supply.

Biomass is likely to contribute significantly to meeting the SCCB targets.

Action driven by the SCCB provisions should seek to encourage appropriate development of the biomass sector, having regard for locational suitability, biodiversity and water environment implications.

66

Natural Heritage Futures (2002)

http://www.snh.org.uk/futures/Data/index.htm

Natural Heritage Futures aims to stimulate the wider debate necessary to establish a broad vision for sustainable development in Scotland, and to translate it into action.

Key Objectives are:

• to increase awareness of our natural heritage and its values and promote sustainable use;
• to enhance the role of forests and woodlands in environmental processes, particularly in safeguarding water, air and soil resources;
• to increase opportunities for all to enjoy woodlands and to enhance the contribution of forests and trees to the landscape;
• to improve the ecological value of all forests and other tree cover, balancing woodland expansion with retention of open ground habitats.

These priorities, and others defined more locally, should be taken into account when preparing the likely enabling provisions of the SCCB.

In particular, there is a need to recognise the particular sensitivities of specific landscapes that may be impacted by climate change mitigation measures.

67

Passed to the Future: Policy for the Sustainable
Management of the Historic Environment (2002)

http://www.historic-scotland.gov.uk/pasttofuture.pdf

Sets out the Scottish Government's policy for the sustainable management of the historic environment.

It notes the irreplaceable nature of historic environment features, but also sets out the following key principles to guide the parameters in which change can take place:

• recognising value - in terms of quality of life and as a means of meeting social, environmental and economic needs
• good stewardship - taking into account capacity for change and the sustainable use of resources
• assessing impact - following the precautionary principle where impact is not clear
• working together - to reduce damage, resolve conflict and maximise benefit.

Provisions enabled by the SCCB should take account of, and should not negatively impact on, historic environment resources.

68

Scottish Historic Environment Policy ( SHEP) (2007)

http://www.historic-scotland.gov.uk/index/
policyandguidance/sheps/shep1.htm

SHEP 1 is the overarching policy statement for the historic environment.

It provides a framework for more detailed strategic policies and operational policies that inform the day to day work of a range of organisations that have a role and interest in managing the historic environment.

These include the Scottish Government, local authorities and the range of bodies that are accountable to Scottish Ministers.

SHEP 1 and the subsequent documents in the series are intended to sit alongside and complement the Scottish Planning Policy series and other relevant Ministerial policy documents.

They are also intended to be relevant documents in the statutory planning, Environmental Impact Assessment ( EIA) and Strategic Environmental Assessment ( SEA) processes.

Provisions enabled by the SCCB should take account of, and should not negatively impact on, historic environment resources.

Development decisions/ actions under the SCCB should be subject to appropriate SEA/ EIA/ AA and LCA to ensure minimisation of damage and full integration of mitigation measures.

69

Choosing our Future: Scotland's Sustainable Strategy (2005)

http://www.scotland.gov.uk/Publications/2005/
12/1493902/39032

Sustainable development is a priority that is shared across the UK and the international community.

Scotland signed up to a new UK shared framework for sustainable development, One future - different paths.

The framework sets out a common goal for sustainable development across the UK, and a new set of principles which underpin the approach in Scotland

Action under the SCCB will contribute to wider sustainable development objectives by encouraging reduced energy consumption, better energy efficiency and less waste.

70

National Planning Framework for Scotland (2004)

http://www.scotland.gov.uk/Publications/
2004/04/19170/35317

Non-statutory framework to guide the spatial development of Scotland to 2025.

The key aims of the strategy are:

• to increase economic growth and competitiveness;
• to promote social and environmental justice; and
• to promote sustainable development and protect and enhance the quality of natural and built environments.

Provisions enabled by the SCCB will operate within the existing planning regime.

71

Planning etc (Scotland) Act 2006

http://www.opsi.gov.uk/legislation/scotland/
acts2006/pdf/asp_20060017_en.pdf

Sets out arrangements for the preparation and publication of the National Planning Framework, a spatial plan for Scotland.

Describes the procedure for Parliamentary consideration of the Framework, and its laying before Parliament.

The second National Planning Framework, due for publication in 2008, will cover the period till 2030.

The SCCB targets will be an important consideration in future planning policy. If necessary and appropriate, the SCCB could contain provisions which amend the Planning etc. (Scotland) Act 2006.

72

SPP1 The Planning System (2002)

http://www.scotland.gov.uk/Publications/
2002/11/15751/12817

The planning system guides the future development and use of land in cities, towns and rural areas in the long term public interest.

The aim is to ensure that development and changes in land use occur in suitable locations and are sustainable.

The planning system must also provide protection from inappropriate development. Its primary objectives are:

• to set the land use framework for promoting sustainable economic development;
• to encourage and support regeneration; and
• to maintain and enhance the quality of the natural heritage and built environment.

As above.

73

SPP2 Economic Development (2002)

http://www.scotland.gov.uk/Publications/
2002/11/15782/13586#1

Clearly supports the role of planning in delivering FEDS.

States that planners should respond positively to change and reflect the needs of the market.

Sets out the importance of ensuring industrial and business land supply is kept up to date, with regular reviews of marketability.

Provides an overview of existing national sites, and does not anticipate that substantial additional allocations will be required.

The SPP seeks to ensure that development is managed in such a way as to enable economic development while maintaining a degree of environmental protection.

The SCCB may enable development of emissions reduction measures which will be developed within these frameworks.

74

Planning Advice Note 45: Renewable Energy Technologies (2002),
incorporating Planning for Micro Renewables Annex to
PAN 45 Renewable Energy Technologies (2006)

http://www.scotland.gov.uk/library/pan/pan45.pdf

http://www.scotland.gov.uk/Publications/2006/
10/03093936/0

Planning Advice Note ( PAN) 45: Renewable Energy Technologies supports the policies in NPPG 6 (now SPP6) by providing information and best practice on renewables developments, particularly larger installations such as wind farms and waste to energy plants.

The Annex to the Note provides advice on siting and design of micro-renewable technologies such as wind, solar thermal, photovoltaic, heat pumps and biomass.

Development of renewable capacity is vitally important for the success of the SCCB.

Implementation of new renewables projects will be guided by this advice note.

75

SPP6 Renewable Energy (2007)#

http://www.scotland.gov.uk/Publications/2007/
03/22084213/22

Updates and replaces NPPG6.

Sets out how the planning system should manage the process of encouraging, approving and implementing renewable energy proposals when preparing development plans and determining planning applications.

Planning authorities should use the development plan process to support and encourage the continued growth of all renewable technologies.

In particular, plans should set out a spatial approach for considering wind farm proposals over 20 megawatts.

Spatial policies should not be used to restrict development on sites where the technology can operate efficiently and environmental and other impacts can be addressed.

As above.

76

SPP17 Planning for Transport (2004)

http://www.scotland.gov.uk/library5/planning/
spp17-00.asp

Sets out relationship between land use planning and transport.

Planning can help to reduce the need to Travel through appropriate land allocations and settlement strategies, help to achieve a shift to more environmentally sustainable modes of transport, and help to reduce environmental impacts.

Transport Assessments should be used early in the development process to build an understanding of potential impacts of development decisions.

The SCCB targets will be an important consideration in future transport policy and could contain relevant enabling powers if considered appropriate.

77

NPPG 14 Natural Heritage (2002)

http://www.scotland.gov.uk/Publications/1999/
01/nppg14

Sets out land use Planning considerations relating to natural heritage, including the conservation and possible enhancement of:

• the overall populations and natural ranges of native species and the quality and range of wildlife habitats and ecosystems;
• geological and physiographical features;
• the natural beauty and amenity of the countryside and the natural heritage interest of urban areas; and
• opportunities for enjoying and learning about the natural environment

Aims to ensure that the natural heritage is conserved and enhanced for present and future generations.

Also stipulates that planning authorities should take particular care to avoid harm to protected species (includes badgers, bats, otters and red squirrels).

Actions under the SCCB should reflect this approach to natural heritage conservation, and recognise the positive role it can provide in achieving enhancement.

The potential for negative impacts on natural heritage from mitigation measures driven by the Bill should be fully considered in appropriate SEA/ EIA/ AA etc.

78

NPPG 18 Planning and the Historic Environment (1999)

http://www.scotland.gov.uk/Publications/
1999/04/nppg18

Sets out Government planning policies in relation to the historic environment with a view to its protection, enhancement and conservation.

Aims to provide effective protection of all aspects of the historic environment.

The historic environment can be damaged through new infrastructure development and indirect effects associated with transport.

Actions under the SCCB should take these policy commitments into account as far as possible, particularly by ensuring that the historic environment is taken into account when making locational decisions for renewables development.

Should be addressed through appropriate SEA/ EIA/ LCA etc.

79

SPP10 Planning and Waste Management. (2007)

http://www.scotland.gov.uk/Publications/
2006/08/11100231/0

Supports a planned approach to the identification of sites for installations using a range of technologies.

Focusing on industrial land, the SPP promotes a model policy for planning authorities to adopt in their development plans.

Landfill will continue to be required and should continue to be safeguarded by development plans.

Development management decisions should reflect development plan and National Waste Plan policies supported by other guidance referenced in the SPP including SEPA's guidance on thermal treatment of municipal waste.

The SPP requires planning authorities to make provisions for waste treatment, focusing on the use of industrial land for new installations.

The waste sector is an important source of GHG.

If appropriate, the SCCB could be used to drive the adoption of measures which reduce its emissions e.g. limiting biodegradable waste reaching landfill and encouraging investment in higher energy efficiency management and recovery systems.

80

National Waste Strategy (2003)

http://www.sepa.org.uk/nws/index.htm

Strategy sets out a framework within which Scotland can reduce the amount of waste it produces and deal with the waste that is produced in a more sustainable way.

It covers all household, commercial and industrial waste.

More than 85% of the waste produced in Scotland is sent directly to landfill - a massive misuse of resources and a major source of greenhouse and other gases.

The National Waste Strategy aims to reduce this practice and outlines how we can work towards a culture of reducing, reusing and recycling our rubbish.

Aims to stop growth in municipal waste by 2010.

Indicates that if growth should slow to 1.5% from 2010 to 2020, arisings of municipal solid waste could increase to 4.38 Mt. by 2020.

It sets out the best practicable environmental option ( BPEO) for municipal waste for each of 11 Waste Strategy Areas and describes actions at a national level to improve the management of non-municipal solid waste.

The National Waste Strategy brings together Area Waste Plans for the different Waste Strategy Areas.

The Scottish Government has allocated over £350 million to the Strategic Waste Fund to help local authorities develop the infrastructure needed to implement these plans.

The waste sector is an important contributor to GHG emissions so the SCCB should compliment the Strategy.

The 85% to landfill figure is now down to around 70% and is expected to reach the Government's 60% target by 2010.

On 24 January 2008 the Scottish Government announced new waste policies including:

• a target to increase to 60 % the amount of municipal waste being recycled or composted by 2020 and a new target of 70 per cent by 2025;
• a target to reduce landfill from municipal waste to 5% by 2025; and
• a commitment that no more than 25 % of municipal waste will be used to generate energy by 2025 and large, inefficient incinerators are to be rejected.

81

Going for Green Growth: a Green Jobs Strategy for Scotland (2005)

http://www.scotland.gov.uk/Publications/
2005/06/1693437/34386

This green jobs strategy complements and adds to A Smart, Successful Scotland ( SSS), and will have a similar function in that it will be the green enterprise strategy for Scotland and provide strategic guidance for the Enterprise Networks.

It supports the commitment to sustainable development in SSS and also takes into account the other crosscutting themes, namely closing the gap in economic opportunities and promoting equal opportunities, enabling all communities to benefit.

A number of sectors, particularly renewable energy, waste management, recycling and use of recyclates are identified as having particular opportunities for development in Scotland.

Other areas such as sustainable biofuels, construction and sustainable design, organic farming, tourism and cleaner technologies also have a lot of potential.

Action under the SCCB should encourage development in these sectors as they have the potential to contribute to objectives.

82

The Government Economic Strategy (2007)

http://www.scotland.gov.uk/Publications/
2007/11/12115041/0

The Government Economic Strategy supports the delivery of the Purpose, that is, to focus the Government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable growth.

The Strategy has emissions reductions as one of its targets, providing a key yardstick by which the commitment to sustainable economic growth will be judged.

The Strategy covers key areas relevant to the SCCB such as emissions reduction, promotion of innovation, business research and development, transport infrastructure, development of a more efficient planning regime.

Economic growth is traditionally associated with emissions growth, breaking that linkage is key meeting the SCCB target.

Action under the SCCB targets can drive these developments, and indeed its success may depend on them.

83

Scottish Rural Development Programme 2007-2013 (2007)

http://www.scotland.gov.uk/Publications/
2007/07/20145359/0

The programme will contribute to each of the three objectives set out in Article 4 of Regulation 1698/2005:

• improving the competitiveness of agriculture and forestry by supporting restructuring, development and innovation (Axis 1);
• improving the environment and the countryside by supporting land management (Axis 2); and,
• improving the quality of life in rural areas and encouraging diversification of economic activity (Axis 3).

The SRDP addresses five key outcomes:

• Improved business viability;
• Enhanced biodiversity and landscape;
• Improved water quality;
• Tackling climate change; and,
• Thriving rural communities.

The SRDP should help contribute to SCCB targets, particularly in terms of climate adaptation and wider environmental benefits.

The Programme offers Land Management Contracts and measures to improve environmental stewardship within the land management sectors.