Strategic Environmental Assessment (SEA)

Strategic Environmental Assessment (SEA) is a process for the formal, systematic evaluation of the likely significant environmental effects of implementing a plan or programme, before a decision is made to adopt the plan or programme.

SEA aims 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 with a view to promoting sustainable development.

Strategic Environmental Assessment (SEA) of plans and programmes is required by European Directive 2001/42/EC (‘the SEA Directive’). For a specific range of land-use plans, this Directive is transposed into Irish law by Statutory Instrument (S.I.) No. 436 of 2004 (the Planning and Development (Strategic Environmental Assessment) Regulations 2004), as amended by S.I. No. 201 of 2011 (the Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011).

For all other plans and programmes in Ireland (including other types of plans in the land-use planning sector), the SEA Directive is transposed into Irish law by S.I. No. 435 of 2004 (the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004), as amended by S.I. No. 200 of 2011 (the European Communities (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2011). SEA is undertaken by a wide range of public authorities who are responsible for preparing plans and programmes.

Specific “environmental authorities” are consulted by a plan/programme maker during certain stages in the SEA process. The public are also consulted and given an opportunity to provide comments when the “Environmental Report” is published alongside a draft plan or programme. There are also requirements to make certain notices and the final decision of adopting the plan or programme available to the public.

The EU SEA Directive requires that the plan-maker consults “environmental authorities” during specific stages in the overall SEA process.

These stages include:

• notifying the environmental authorities during screening for SEA (where required) and inviting submission or observation in relation to whether the proposed plan or programme, or modification to a plan or programme, would or would not be likely to have significant effects on the environment;
• notifying the environmental authorities of an SEA screening determination;
• consulting environmental authorities when deciding on the scope and level of detail of the information which must be included in the environmental report;
• following the publication of the draft plan and the accompanying environmental report, notifying the environmental authorities indicating that a submission or observation may be made in writing to the authority within a specified period, as part of the wider consultation with the public; and
• following adoption of the plan or programme which has undergone an SEA, sending a copy of the “SEA Statement” to the environmental authorities.

For clarification, the following environmental authorities are required to be consulted under the following legislation:

S.I. No. 435 of 2004 (European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004, as amended by S.I. No. 200 of 2011 (European Communities (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2011)

Under S.I. 435 of 2004, as amended, SEA may be required for all sectoral plans, including land use plans (except for those specific land use plans covered by SI 436 of 2004, as amended)

The following environmental authorities must be consulted, where appropriate:

• Environmental Protection Agency (“EPA”) – all cases
• Development Applications Unit, Minister for Housing, Local Government and Heritage - where there might be significant effects on architectural or archaeological heritage or nature conservation
• Minister for Agriculture, Food and the Marine, and Minister for Environment, Climate and Communications - where there might be significant effects on fisheries or the marine environment.

S.I. No. 436 of 2004 (Planning and Development (Strategic Environmental Assessment) Regulations 2004, as amended by S.I. No. 201 of 2011 (Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011)

Under S.I. 436 of 2004, as amended, SEA may be required for certain specified land-use plans. The following environmental authorities must be consulted, where appropriate:

• EPA – all cases
• Minister for Housing, Local Government and Heritage – all cases
• Development Applications Unit, Minister for Housing, Local Government and Heritage – where there might be significant effects on architectural or archaeological heritage or nature conservation
• Minister for Agriculture, Food and the Marine and Minister for Environment, Climate and Communications where there might be significant effects on sea fisheries or the marine environment
• Any adjoining planning authority whose area is contiguous to the area of the planning authority

These contact details are correct as of 12 September 2022.

S.I. No. 435 of 2004 (European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004, as amended by S.I. No. 200 of 2011 (European Communities (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2011)

S.I. No. 436 of 2004 (Planning and Development (Strategic Environmental Assessment) Regulations 2004, as amended by S.I. No. 201 of 2011 (Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011)

• Strategic Environmental Assessment: Guidelines for Regional Assemblies and Planning Authorities
• Environmental Protection Agency Website on SEA
• European Commission Website on Environmental Assessment (EIA and SEA)