SEA Legislation

SEA Directive 

The SEA Directive - Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment - requires that an environmental assessment is carried out of certain plans and programmes which are likely to have significant effects on the environment.

Eleven sectors are specified in the SEA Directive. Competent Authorities (plan/programme makers) must subject specific plans and programmes within these sectors to an environmental assessment where they are likely to have significant effects on the environment.

Examples of key sectoral national and regional plans are shown below. Please note that this list is not exhaustive and serves only to indicate suggested key plans to be aware of when preparing SEAs.

SectorPlan Name
Agriculture  Food Wise 2025, National Rural Development Programme
Forestry  National Forestry Programme, draft Forestry and Freshwater Pearl Mussel Plan 
Fisheries  Seafood Development Programme, National Strategic Plan for Aquaculture
Energy  Grid 25 Implementation Plan, Offshore Renewable Energy Development Plan
Industry  Shannon Foynes Port Company Masterplan, Dublin Port Company Masterplan
Transport  Greater Dublin Area Transport Strategy, National Policy Framework for Alternative Fuels Infrastructure for Transport
Waste management  Regional Waste Management Plans
Water management  Draft River Basin Management Plan for Ireland, Water Services Strategic Plan, draft National Water Resources Plan, National CFRAMS Programme, Lead in Drinking Water Mitigation Plan
Telecommunications  National Broadband Plan
Town and Country Planning or Landuse National Planning Framework - Ireland 2040, Regional Spatial Economic Strategies (in preparation)
Tourism  Wild Atlantic Way
Other Key Plans (examples) National Peatland Strategy, National (Climate) Mitigation Plan, National (Climate) Adaptation Framework, National Landscape Strategy, National Biodiversity Action Plan

 

National Legislation 

In Ireland, the SEA Directive has been transposed into national legislation through:

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).

The 2011 amending SEA Regulations reduced the mandatory SEA population threshold for Local Area Plans from 10,000 to 5,000 persons. Local Area Plans covering an area greater than 50 sq km also now require mandatory SEA. Below these thresholds, Local Area Plans are required to be screened for SEA. 

Circular PSSP6/2011 issued by the Department of Housing, Planning and Local Government to all planning authorities in 2011 clarifies the requirements for SEA in relation to land-use plans and the statutory bodies to be consulted.