Improving Decision-Making for the Energy Transition: Guidance for Using Strategic Environmental Assessment
Chapter 3 focuses on the legal and institutional framework for implementing Strategic Environmental Assessments (SEA). It outlines the origins and global adoption of SEA, starting from its basis in Environmental Impact Assessment (EIA) in the United States. It covers the different legal approaches countries have taken, ranging from mandatory regulations to voluntary practices, and highlights key international directives like the EU SEA Directive and the UN protocols that require or promote SEA. This chapter also discusses the institutional roles involved, emphasizing the importance of lead agencies, inter-agency committees, and the collaboration between governmental and non-governmental stakeholders in conducting and managing SEAs. Finally, it addresses the challenges of achieving good SEA practices, especially in countries with limited experience, and stresses the importance of adapting SEA processes to fit specific contexts and objectives.
Strategic Environmental Assessment (SEA) is a critical process for incorporating environmental and social considerations into high-level decision-making, particularly for policies, plans, and programs (PPPs). Rooted in the Environmental Impact Assessment (EIA) model first introduced in the United States under the National Environmental Policy Act (NEPA) of 1969, SEA has evolved into a global practice. Initially adopted by high-income countries like Australia, Canada, and European nations, it is now utilized by over 100 countries, with many incorporating it into national legislation. However, SEA implementation varies widely, ranging from mandatory regulations with detailed procedures to voluntary practices supported by policy guidelines.
International directives and protocols, such as the European Union’s SEA Directive and the United Nations Economic Commission for Europe (UNECE) Protocol on SEA, have standardized SEA frameworks, requiring its application in sectors like energy, industry, and land use. Other international treaties, like the High Seas Treaty under the UN Convention on the Law of the Sea, have reinforced SEA’s importance in addressing global environmental challenges, such as biodiversity conservation and climate change.
Countries may adopt SEA through different legal instruments, which may be standalone regulations or integrated into broader environmental or planning laws. These laws typically outline the SEA’s scope, the types of PPPs that require assessment, and the responsible institutions for implementing the process. Government agencies are usually designated as the lead authorities to initiate and oversee SEAs, with some countries employing inter-agency steering committees to ensure a collaborative approach. These committees often include representatives from government ministries, non-governmental organizations (NGOs), and key stakeholders, fostering transparency and accountability.
The SEA process is designed to be flexible and adaptable, ensuring it is fit for purpose in a given context. It involves several key steps, including screening to identify whether a policy, plan, or program (PPP) requires SEA, scoping to define the extent and focus of the assessment, public participation, and reporting. A Strategic Environmental and Social Management Plan (SESMP) is often developed alongside the SEA report to recommend management actions to avoid or mitigate negative impacts or enhance positive outcomes. It should detail institutional roles and responsibilities, monitoring requirements, implementation strategies and mechanisms for grievance resolution.
Despite significant progress, challenges remain in achieving best practices in SEA, particularly in countries with limited experience or resources. SEA practitioners must tailor assessments to local conditions while adhering to international principles. Capacity-building, continuous learning, and iterative improvements are essential for ensuring SEAs contribute effectively to sustainable development goals and environmental stewardship.