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

2. SEA Methodology

2.1 Statutory Requirements

2.1.1. SEA, as required by the Environmental Assessment (Scotland) Act 2005, has five key stages:

2.2 Stages A & B: Screening and Scoping

2.2.1. Stages A and B, Screening and Scoping, were conducted by the Climate Change Bill Team. A Screening Determination was submitted to the Consultation Authorities ( CA) in August 2007, which generally determined that certain actions taken to meet the proposed SCCB target had the potential to result in significant environmental effects.

2.2.2. The SCCB Team produced and submitted a Scoping Report in September 2007. CA responses were returned by mid-October 2007 and forwarded on to Halcrow mid-November 2007.

2.2.3. In the main, the CA's were concerned that a lack of baseline data and detail on the likely contents of the Bill limited their ability to comment fully on the likely environmental implications; although the general consensus was that the Bill offered potentially long-term environmental benefits associated with a general reduction in Scottish greenhouse gas emissions. Although the production of a detailed baseline was not considered appropriate, in order to carry out the SEA, an overview of issues has been included. (See Appendix C of this report).

2.2.4. Concern was expressed over the ability of the SEA to address the more indirect impacts of emissions reductions (Historic Scotland suggested adopting an E-test methodology) and on how the SEA would inform the development of the Bill as it passes through the Parliamentary process. CA responses to the Scoping Report are addressed fully in Appendix A.

2.3 Stage C: Environmental Report

2.3.1 This Environmental Report ( ER) represents the key output of Stage C. Upon completion of the consultation on the SCCB proposals and this ER, consultation responses will be reviewed and any resultant significant changes, to be included in the SCCB proposals, will be assessed, with an addendum to this report produced or a new ER issued, depending on the scale of changes.

2.3.2 In order to develop an effective method for the SEA of the SCCB consultation proposals, it was necessary to adopt a structured, high-level approach that identified and separated out the strategic aims of the SCCB from the options and alternatives likely to be included within the consultation document.

2.3.3 A four-stage process was developed to allow effective appraisals of the varied issues surrounding, and implications of, the SCCB proposals.

1. A modified E-test approach was utilised to assess sectoral implications, likely emissions reduction measures required and the anticipated effects on the SEA topics.

2. An assessment was carried out using the PPP/ PPS review and baseline to identify high-level issues under each of the SEA topics that might arise from reducing GHG emissions.

3. A preliminary assessment considered an early draft of alternative options, against the SEA topics, and included a preliminary detailed assessment of supporting measures. A stakeholder workshop helped to facilitate this process.

4. A secondary high-level options assessment of the preferred consultation paper options using high-level matrices, discursive notes and detailed assessment matrices.

2.3.4 These stages are discussed further in Section 5 of this report, with full assessments recorded in Appendices D - G.

2.3.5 The SCCB consultation refers to emissions reduction or emissions mitigation, treating them as inter-changeable terms. In order to avoid potential confusion over terminology, this SEA refers to 'emissions reduction' as opposed to 'emissions mitigation'. Mitigation in this SEA will refer to measures to prevent, reduce or avoid negative environmental consequences of a particular action. This convention will be maintained.

2.4 Stage D: Adoption

2.4.1. Stage D Adoption, usually requires the production of a Post Adoption Statement that documents how the SEA process and consultation comments were taken into account in refining the adopted version of a plan, programme or strategy. However, on submission of the SCCB to Parliament, this particular SEA will come to an end.

2.4.2. An SEA Post Adoption Statement will be produced, documenting how the SEA process has informed the development of policies within the submitted Bill. This will meet the principles of Stage D, and the requirements of Section 12.1(b) of the Environmental Assessment (Scotland) Act 2005. Any further assessment of the SCCB, as an adopted Act, will be at the discretion of the Scottish Ministers.

2.5. Stage E: Monitoring

2.5.1. As the SCCB is likely to introduce statutory monitoring and reporting requirements, and may recommend independent monitoring and verification of emissions reductions, Section 8 of this report will discuss the implications for an SEA monitoring framework and the potential for environmental indicators to be included.

2.6. Limitations and Assumptions

2.6.1. SEA conducted on draft proposals for a legislative Bill consultation presented some limitations, and required some key assumptions to be made, which are presented in Table 2.1 below.

Table 2.1 SEA Process - Limitations and Assumptions