Legal Context of the SEA Directive — Links with other Legislation and Key Procedures

Albrecht, Eike

doi:10.1007/3-540-27134-1_3

Cited by 6 publications

(4 citation statements)

References 1 publication

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“…It is notable that though NEMA must consider public views, it is not obligated to take into account the public views in its decision‐making. This is contrary to the EU SEA Directive (Albrecht, 2005). Besides, public involvement when a PPP proposal is fait accompli is a curtailment of the effectiveness of the tool.…”

Section: Findings and Discussioncontrasting

confidence: 57%

Towards a strategic environment assessment framework in Kenya

Onyango

Schmidt

2007

Management of Environmental Quality: An International Journal

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PurposeThis paper sets out to assess and analyses the key pillars of the SEA framework in Kenya, highlighting aspects that should be considered for further scrutiny and review, aiming at evolving a suitable context‐specific Kenyan SEA.Design/methodology/approachContent analysis of the SEA framework was done through desktop research. This was supplemented by a two‐month internship at the National Environmental Management Authority in Kenya. The key documents prescribing and describing SEA in Kenya (legal documents, guidelines) formed a basis for interpretative analysis. International literature on SEA frameworks also formed a basis for analysis.FindingsAlthough the SEA framework is relatively complete, there are certain elements that are incomplete, e.g. environmental and sustainability standards have not been formally established. Some provisions are unclear or reveal internal incoherency within the framework. For example, the definitions of policies, plans, programmes and projects are not clearly differentiated for the purpose of the SEA framework. The framework is premised on “an early SEA” yet the key exercises of public participation and the triggering of the SEA exercise are both carried out late. There is need for SEA‐EIA tiering and SEA definitions and purposes to be harmonized within the various documents of the framework. Sector‐level SEA guidelines offer the most appropriate opportunity to address most of the substantive shortcomings of the framework.Practical implicationsThe results provide a baseline for departure towards further scrutiny and research in order to evolve a more homegrown SEA, as opposed to merely copyng what other countries have done. The highlighted areas are expounded on, with some suggestions given; in some instances no clear remedy is immediately obvious.Originality/valueThe paper is a seminal instigator of interest into the Kenyan SEA framework, which is still very young and devoid of experience and tradition. It brings to light and questions some key issues that seem to have the potential to reduce the benefits and instrumentality of the SEA tool in meeting Kenya's interest.

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Section: Findings and Discussioncontrasting

confidence: 57%

Towards a strategic environment assessment framework in Kenya

Onyango

Schmidt

2007

Management of Environmental Quality: An International Journal

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“…As indicated in Recital 19 of the SEA Directive, possibilities for harmonising and connecting different EA procedures must be explored (CEC 2001). Within the EU framework, harmonisation is therefore intended as the elimination of contradicting evaluations rather than as the unification of procedures (Albrecht 2004). Subsequently, when talking about European EA approach, we refer to the harmonisation of the EU Member States' EA approaches.…”

Section: The Harmonisation Of European Ea: Towards a European Ea Apprmentioning

confidence: 99%

“…The EA Directives are not the only pieces of legislation that set formal EA requirements and environmental obligations for Member States (Dalal-Clayton and Sadler 2005). Other EU requirements include, e.g., the Habitats Directive, the Water Framework Directive, the Integrated Pollution Prevention and Control Directive, the Nitrates Directive, the Waste Framework Directive, the Air Quality Framework and Wild Birds Directive (Albrecht 2004). Together, the EU Directives represent key integrative elements of a wider and more strategic European policy approach to environmental protection and sustainable development, creating the basis and foundations for a harmonised approach to European EA (Gazzola 2008c).…”

Section: Why Promoting European Ea?mentioning

confidence: 99%