6 steps of quality implementation of the Strategic Environmental Assessment

Back in October 2018, the Law of Ukraine “On Strategic Environmental Assessment” came into force, which establishes the procedure for passing the stages of research and assessment for compliance with environmental requirements during the development, adoption and implementation of state planning documents (hereinafter – SPD).

What is Strategic Environmental Assessment (SEA)?

It is a procedure for identifying, describing and assessing the environmental impact of SPDs, including on public health, justified alternatives, and developing measures to prevent, reduce and mitigate possible adverse effects.

Accordingly, the SEA is a process that should help decision-makers to make a well-informed decision based on objective information obtained from consultation with the public and responsible government agencies. The result of a high-quality CEO is the guarantee of the right to a safe environment for life and health.

What about state planning documents?

Strategies, plans, schemes, town-planning documentation, national programs, state target programs and other programs and program documents, including changes to them, which are developed and / or subject to approval by a state authority, local self-government body.

Urban planning documentation is approved text and graphic materials on issues of regulation, planning, construction and other use of territories, in particular:

• general scheme of planning of the territory of Ukraine and schemes of planning of separate parts of the territory of Ukraine;
• general plan of the settlement;
• detailed plan of the territory (DPT);
• zoning plan (zoning).

Areas in which SPDs are developed and subject to SEA

Agriculture, forestry, fisheries, energy, industry, transport, waste management, water use, environmental protection, telecommunications, tourism, urban planning or land management (schemes), the implementation of which will involve the implementation of activities or containing activities and objects), in respect of which the legislation provides for the implementation of the environmental impact assessment (EIA) procedure, or which require assessment in view of the probable consequences for the territories and objects of the nature reserve fund and ecological network, except for those related to the creation or expansion of territories and objects nature reserve fund.

Who is the customer of the SEA?

The customer of the SEA is an executive body or a local government body that is responsible for the development of the SPD and carries out the general management and control over their implementation, or another customer of the SPD defined by law.

How to determine the need for SEA?

Article 2 of the Law of Ukraine “On SEA” stipulates that SEA applies to SPD, including amendments to them, which are developed and / or subject to approval by a public authority, local government.

The methodological explanations of the Ministry of Environment regarding the implementation of the provisions of the Law state that the SEA must be conducted for SPD, which meet simultaneously the two criteria specified in Art. 2 of the Law of Ukraine “On SEA”, and if the draft SPD meets only one of these criteria, the decision to implement SEA the customer makes independently.

Stages of Strategic Environmental Assessment (SEA)

1. Determining the scope of strategic environmental assessment;
2. Compilation of a report on strategic environmental assessment;
3. Conducting public discussions and consultations (cross-border consultations);
4. Consideration of the SEA report, results of public discussion and consultations;
5. Informing about the approval of the SPD;
6. Monitoring the consequences of the implementation of the SPD for the environment, including public health.

Importantly! The SEA report is prepared before the approval of the SPD. The customer is obliged within 5 working days from the date of approval of the SPD to place it on its official website, as well as a certificate of consultation and a certificate of public discussion and notify the Ministry of Environment in writing.

Public discussion

The Customer shall provide timely opportunities for public participation in the SEA of the SPD project, provided that all alternatives are available for consideration.

The SPD project and the SEA report are published on the customer’s official website. The term of public discussion is set by the customer and may not be less than 30 days from the date of publication of the notice in the media.

Based on the results of public discussions, the Customer prepares a certificate on public discussions and minutes of public hearings (if any).

Annual monitoring of the consequences of SPD implementation

The Customer, within its competence, monitors the consequences of the implementation of the state planning document for the environment, including the health of the population, once a year publishes its results on its official website and in case of detection of unforeseen adverse environmental effects , including for the health of the population, takes measures to eliminate them.

Responsibility for violation of the SEA procedure

In accordance with Part 2 of Article 68 of the Law of Ukraine “On Environmental Protection” (OEP), persons guilty of violating the requirements of the legislation of Ukraine in the implementation of SEA, are liable for violation of the legislation on OEP.

So, in conclusion, we note that the procedure begins with the submission of an application to determine the scope of the study of SEA SPD, and ends with the adoption of SPD, which was SEA and annual monitoring of its implementation.

The SEA procedure requires from the customer special knowledge of sanitary and environmental legislation, methods of assessing environmental aspects, risks and impacts, as well as the development of measures to prevent, reduce and mitigate possible adverse effects on the environment and public health. In order to ensure the quality of the procedure, the specialists of Center LTD will consult and perform a strategic environmental assessment of state planning documents for you. More about the service at the link:

center-ltd.com.ua or by phone: +380 96 781 05 37.

Oleg Bota, Olena Vitrak, Center LTD Company