EIA-legislation and practice in Norway history history latest amendments of regulations latest amendments of regulations integrated planning/EIA processes integrated planning/EIA processes planning program planning program experiences with new regulations experiences with new regulations new planning and building act new planning and building act

EIA-history – a short summary EIA-regulations in the Planning and building act since 1991 EIA-regulations in the Planning and building act since 1991 – for projects which may have significant effects on the environment, on natural resources or on the community. – for projects which may have significant effects on the environment, on natural resources or on the community. –Annex I; projects always subject to EIA –Annex II ; projects to undergo a screening process before decision on EIA includes projects who gets their realization permits both according to the Planning and building act and to sector legislation includes projects who gets their realization permits both according to the Planning and building act and to sector legislation : 700 EIAs : 700 EIAs

Revised EIA-regulations in 2005 EU-directive 2001/42 on environmental assessments of certain plans and programmes (SEA-directive) EU-directive 2001/42 on environmental assessments of certain plans and programmes (SEA-directive) environment as a premise for the planning process Planning and building act revision project – Planning and building act revision project – need to strengthen early phase of the planning process Integration of planning and EIA  Amendment in the planning and building act and new EIA-regulations from 1 april 2005

EIA – revision of regulations Planning programme and (SEA)/EIA required for plans and projects with significant effects on the environment, natural resources and community Planning programme and (SEA)/EIA required for plans and projects with significant effects on the environment, natural resources and community EIA no longer a separate process, but an integrated part of the planning process – planning authority and competent (EIA)-authority the same EIA no longer a separate process, but an integrated part of the planning process – planning authority and competent (EIA)-authority the same The municipality is the competent authority in more cases, also for large scale project-EIAs The municipality is the competent authority in more cases, also for large scale project-EIAs Simplified mechanisms and criteria to sort out whether a plan or project should be subject to EIA – and also some new criteria Simplified mechanisms and criteria to sort out whether a plan or project should be subject to EIA – and also some new criteria General efforts to simplify the EIA-processes General efforts to simplify the EIA-processes

Plans and projects always to be subject to an EIA County plans with guidelines for physical development County plans with guidelines for physical development The land use part of the municipal master plan The land use part of the municipal master plan Zoning plans or building development plans as listed in Appendix 1 Zoning plans or building development plans as listed in Appendix 1 Applications pursuant to sector legislation as listed in Appendix 1 Applications pursuant to sector legislation as listed in Appendix 1 National parks and other protected areas pursuant to the Nature Conservation Act National parks and other protected areas pursuant to the Nature Conservation Act

Plans and projects subject to EIA if meeting certain criteria (screening) Zoning plans if containing framework for project developments Zoning plans if containing framework for project developments Projects that require a permit pursuant to sector legislation Projects that require a permit pursuant to sector legislation Zoning plans or applications that imply major extentions or changes of existing projects Zoning plans or applications that imply major extentions or changes of existing projects The provisions do not apply if the effects of a zoning plan or project is satisfactorily assessed in municipal master plan.

Criteria for considering significant effects (§4) EIA if the plan or project is in conflict with: Valuable nature environments and landscapes Valuable nature environments and landscapes Cultural heritage Cultural heritage Important recreational area Important recreational area National policy guidelines National policy guidelines Agriculture Agriculture Pollution, noise, safety and natural disasters Pollution, noise, safety and natural disasters Public health Public health Accessability Accessability Sami activities Sami activities Impacts on other state Impacts on other state

Planning programme – purpose and content First formalized step/document in the planning/assessment process First formalized step/document in the planning/assessment process Define conditions and clarify purpose of the planning task Define conditions and clarify purpose of the planning task Describe arrangements for information and participation, particularly for groups to be specially concerned Describe arrangements for information and participation, particularly for groups to be specially concerned Describe alternatives to be included in the planning- and assessment process Describe alternatives to be included in the planning- and assessment process Clarify the need for and describe assessments to be conducted Clarify the need for and describe assessments to be conducted

Proposed plans or applications with EIA – some principles A planning proposal or application with EIA should: Normally be one coherent document – EIA is an integrated part of the proposed plan or application Normally be one coherent document – EIA is an integrated part of the proposed plan or application As far as possible be based on available information and necesarry updating of this As far as possible be based on available information and necesarry updating of this Be focused and relevant for the type of plan and the decision to be made Be focused and relevant for the type of plan and the decision to be made

The planning process, public participation Planning and assessment programme Announce- ment Public consultation 6 weeks Prescribed by municipality Development of proposed plan and assessment of impacts Proposed plan with EIA Public consultation 6 weeks Adjustment of proposed plan (supplementary assessments) Adoption by Municipal Council Announce- ment

Experiences with new regulations National survey (NIBR): National survey (NIBR): –Significant improvement of municipal land use planning –Integration plan/EIA is regarded as positive –Planning program – a good tool for: Establish premises for the planning process Establish premises for the planning process Easier to limit the assessments to be done Easier to limit the assessments to be done Broad public participation on an early stage Broad public participation on an early stage Early clarification of environmental conflicts Early clarification of environmental conflicts Potential of improvements Potential of improvements –Lot of focus on the planning process – need to look at EIA quality –Need for clearer division between assessments on a land use level and project level

Further work.. –General guidance – with focus on influence on planning according to the planning and building act –Guidance on screening criteria (§ 4) –Guidance on environmental assessments in county- and municipal land use planning –New planning and building act – revision of regulations

New planning and building act Process started in the end of 1990-s – new act into force in 2009? Process started in the end of 1990-s – new act into force in 2009? Planning and building act will confirm provisions already into force Planning and building act will confirm provisions already into force Planning program mandatory for all county and municipal plans Planning program mandatory for all county and municipal plans EIA provisions much more expressed than in present act EIA provisions much more expressed than in present act Better possibilites to incorporate mitigating and monitoring measures as legally binding part of the plans Better possibilites to incorporate mitigating and monitoring measures as legally binding part of the plans Separate provisions for plans and projects according to the planning and building act versus sector legislation projects Separate provisions for plans and projects according to the planning and building act versus sector legislation projects Better possibilities to distinguish between assessments on an a strategic level (SEA) and on project level (EIA) Better possibilities to distinguish between assessments on an a strategic level (SEA) and on project level (EIA)

Appendix 1, energy plans and projects Industry, other buildings and installations Industry, other buildings and installations –Wind power plants –Hydropower plants –Dams –Groundwater abstraction –Thermal power stations –Oil refineries –Storage facilities for petroleum etc. –Extraction of petroleum and gas –Production, storage, reprocessing of nuclear fuel Infrastructure projects Infrastructure projects –Power lines and cables –Transfer of water resources –Pipelines for transport of petroleum, gas or chemicals Other projects Other projects –Extension or change of projects Back Back