Strategic planning documents are plans, development plans, strategists, action plans or other documents that meet the criteria of §31 of KeHJS.
In the SEA procedure, the meaning of the term "environmental impact" is broader than just the impact on the natural environment. The SEA assesses the impact taking into account the natural, social, economic and cultural environmental aspects.
The SEA procedure for plans takes place pursuant to the procedure provided for in the Planning Act. The procedure provided for in KeHJS is used for conducting proceedings of other strategic planning documents.
The decision-maker in the SEA procedure is the initiator of SEA. This is either the local government or the other organiser of the preparation of a strategic planning document.
Where implementation of a strategic planning document potentially results in significant environmental impact on Natura 2000 site, a so-called Natura assessment should be carried out during SEA.
If the strategic planning document is likely to have a transboundary impact, the affected state must be involved in the impact assessment, i.e. a transboundary SEA must be carried out.
More detailed information and instructions on how to conduct the SEA procedure can also be found on the web page of the Ministry of the Environment and on the questions related to spatial planning in the spatial planning portal.
The Strategic Assessment of the Environmental Impact, i.e. SEA
The Environmental Board is the relevant authority in the SEA proceedings that is involved in different stages of the SEA procedure as provided for in the Planning Act.
The following must be submitted to the Environmental Board
- A preliminary estimate the SEA for giving a position and a draft initiating or not initiating the SEA (before making a decision)
- Development intention of the SEA and starting points of the plan for the giving an opinion
- Draft report of the SEA together with the draft plan for making proposals
- A notice of public displays
- A planning solution and draft report of the SEA for approval.
The Environmental Board is involved in the SEA procedures as a advocate of the well-being of the natural environment. Positions and decisions are given by the Environmental Board only in respect of its competence.
- The SEA is mandatory in case of strategic planning documents specified in the Planning Act (PlanS) and §33 (1) of KeHJS.
If the activities specified in §33 (2) of KeHJS are planned or the detailed plan to be prepared amends the comprehensive plan (§142 (1) of the PlanS), the decision-maker must prepare a preliminary estimate that meets the criteria of §33 (3) to (5) of KeHJS.
They are expected to have a significant environmental impact and the SEA is initiated without justification for its need.
- In certain cases, the SEA is initiated as a result of a preliminary assessment.
If the SEA is not mandatory, this does not mean that the SEA is definitely not necessary. If a mandatory impact assessment is not required, a preliminary estimate of whether the implementation of the strategic planning document is expected to result from a significant environmental impact or not must be given and, the necessity of the SEA is decided on the basis of this.
A preliminary estimate of the necessity of the SEA must be given in the preparation of the strategic planning documents specified in PlanS and §33 (2) of KeHJS. The preliminary estimate of the SAEI must be prepared on the basis of the criteria specified in §33 (3) - (5) of KeHJS.
NB! There are several exceptions to deciding on the necessity of the SEA, which must always be checked in KeHJS. For example, an impact may not be assessed if the sole purpose of the activity is to ensure national security and the impact assessment may undermine the achievement of this objective. In this example, the Government of the Republic decides on the failure to initiate an environmental impact assessment. This exemption does not apply to Natura 2000 sites.
The organiser of the preparation of a strategic planning document (SPD- plan, development plan, strategy, action plan, etc.) decides on the necessity of the SEA (incl. giving a preliminary estimate) during the preparation process.
When making a preliminary estimate and deciding on the necessity of the SEA based on this, the position of relevant authorities must be asked, so that all the significant effects would certainly have been considered in the preparation and decision-making of the preliminary estimate.
Example of a preliminary estimate of the SEA and a draft decision
Asking the relevant authorities for a position
The relevant authorities always include the Environmental Board or the Ministry of the Environment. The position of the Ministry of the Environment must be asked if the strategic planning document may involve a transboundary environmental impact or if the strategic planning document is prepared by the Riigikogu, the Government of the Republic or the Ministry. In all other cases, the relevant authority is the Environmental Board.
In most cases it is enough to contact the Environmental Board in case of thematic and detailed plans. However, there are situations where the relevant authorities include both , e.g. when it comes to transboundary impact assessments (to be included: Ministry of the Environment) and the proposed activity is also expected to have an impact on the Natura 2000 site (to be included: Environmental Board).
When making a decision to initiate or not to initiate the SEA and when preparing a final preliminary estimate, the decision-maker must take into account the position of the relevant authorities or justify why it was not taken into account.
If no preliminary estimate is not needed, e.g. the SEA is mandatory, the Environmental Board (and other relevant authorities) do not need to be consulted.
In order to give a position on the need to initiate the SEA, send the following to the Environmental Board at info@keskkonnaamet.ee:
- Cover letter-application
- Draft preliminary estimate
- Draft decision to initiate or not to initiate the SEA.
The SEA procedure is divided into stages.'
- The SEA programme sets out which impacts must be assessed during the SEA, i.e. which impacts must be included in the SEA report.
- The SEA report provides an overview of the SEA procedure, studies/assessments/expert opinions carried out and provides the decision-maker with information on which proposed solution (either the original application or some alternative solution) is worth going forward with, as the accompanying effects on the surrounding are the smallest or best mitigated.
More detailed information and instructions on how to conduct the SEA procedure can be found on the web page of the Ministry of the Environment and on the questions related to spatial planning in the spatial planning portal.
Last updated: 12.04.2024
