SEA in the Netherlands

contribution TenneT (dutch TSO) to working

group C3-06

H.R.M. Sanders

Recife, 15 july 2009

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SEA in the Netherlands

– First SEA in 1990 (unofficial, voluntary basis)

– First official SEA in 2004

– Since 2004 133 SEA’s

– 77 SEA’s are finished

– Most of these 77 in environmental planning

– Also in sector watermanagement and in infrastructure

– A few thematical SEA’s (coastal reconstructions and flood relief works)

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SEA in the Netherlands

New SEA legislation in Netherlands contains list of plans and programs for which SEA is mandatory:

– Agriculture– Forestry– Fisherie– Energy– Transport– Water management– Waste management– Telecommunication– Tourism– Town and country planning or land use

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SEA in the Netherlands

Within the list of plans and programs (previous sheet), SEA is mandatory for plans that:

– Require an assessment in view of effects on protected European Nature Areas (Bird and Habitat Directive)

– Sets the framework for EIA-projects

The average duration of an SEA is 1 to 3 years.

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SEA in the Netherlands

SEA regulations are comparable to the EIA regulations, with some important differences:

1. No more mandatory participation during scoping

2. Independent review only mandatory in case of impact on protected nature area

3. No longer requirement to look for the “best environmental alternative”

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SEA in the Netherlands

Dutch legislation closely follows the EU Directive, with a few exceptions:

1. Publication of the start of the combined SEA/plan-process is mandatory

2. The Netherlands use a positive list of plans and programmes for category 1 plans

3. An independent assessment of the SEA is required in the case of plans with significant impact on protected nature area

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SEA in the Netherlands

When to do an SEA?

1st question: what the plan will decide upon.

2nd question: do these future developments exceed the limits in SEA regulation

3rd question: are these future developments situated close to protected nature area’s

If the 3rd question is anwered with yes, an SEA is required.

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SEA in the Netherlands

Scoping

Question is wether the whole plan should be assessed in the SEA, or just the elements that “trigger” the SEA.

In the Netherlands the approach is the last option. The following criteria are applied:

1. All elements leading to projects exceeding the EIA thresholds

2. All elements leading to significant effects for protected nature (including accumulation)

3. All decisions that are sufficiently concrete to be able to describe environmental impacts

4. All developments that are under jurisdiction of the governement that decides on the plan (i.e. national highways are not an provincial decision)

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SEA in the Netherlands

What aspects should be assessed?– Soil and water– Nature– Landscape and cultural heritage– Effects on mobility– Quality of urban environment– Climate aspects– Natural resources– Regional economy– Financial costs and investments– Social cultural aspects– Institutional aspectsIn most cases expert judgement (qualitative

assessment) suffices. Only in some cases quantitative information is needed to distinguish between alternatives

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SEA in the Netherlands

SEA within the Dutch TSO TenneT

– Not much experience in The Netherlands in e-sector with SEA

– The first SEA was made for the national electricity plan. This is also the last SEA.

– Ministry of Economic Affairs/TenneT are responsible

– Learning by doing

– Time will learn

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SEA in the Netherlands

In the national electricity plan the governement prepares new overhead lines for TenneT. The plans itself are not to be assessed, but an EIA is obliged.

– 2 new overhead lines through most crowded area NL

– Western part of NL

– Length: 60 to 90 km

– 2, maybe 3 new substations

– In preparation: 3 more new overhead lines in other parts of The Netherlands, with several substations, with lenght from 60 to 160 km.

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SEA in the Netherlands

Map of Dutch grid

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SEA in the Netherlands

Map of Dutch grid TenneT in SEV III

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Time of procedure

SEV/SMB

RIP/MER

Uitvoeringsbesluiten

BP

Realisatie

1-2 jaar

2-4 jaar

½ -1½ jaar

1-2 jaar

1-2 jaar

3-5 jaar 2-4 jaar

SEV = Structuurschema Electriciteitsvoorziening (our national electricity supply plan)

SMB = = Strategische Milieubeoordeling (SEA)

RIP = Rijksinpassingsplan (required licenses, a step in the procedure after SEA)

MER = Milieueffectrapport (EIA)

BP = Belemmeringenwet Privaatrecht (a step concerning recuirement of ground)

Thank you for your attention

Also thanks to the Netherlands EA Commission