Archives: Topics

Strategic Environmental Assessment (SEA) provides for a high level of protection of the environment and promotes sustainable development by ensuring that relevant environmental considerations are integrated into government and public authority plans and programmes. SEA is an iterative process which:

• predicts, analyses and assesses the likely significant effects of plans and programmes on the environment, including cumulative/synergistic impacts which may be difficult to address through case-by-case assessment of individual projects;
• evaluates reasonable alternatives and mitigation measures to avoid or minimise such environmental impacts;
• seeks the views of stakeholders and the public on these effects; and
• influences the plan preparation process in order to address environmental issues at an early stage.

The legal basis for SEA is as follows:

• Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (SEA Directive). Additional information is available from http://ec.europa.eu/environment/eia/sea-legalcontext.htm.
• Strategic Environmental Assessment Regulations, 2010 (S.L. 549.61), accessible from www.sea.gov.mt. These regulations streamline the SEA process in Malta and replace the Strategic Environmental Assessment Regulations, 2005.

The Strategic Environmental Assessment Regulations, 2010 and Directive 2001/42/EC require that any plan or programme prepared by government or a public authority which is likely to have a significant effect on the environment should be subjected to an SEA in line with the provisions of the SEA Regulations.

SEA is an upstream process which complements other assessment processes at project level (e.g. Environmental Impact Assessment). SEA does not apply to individual projects.

The Environment & Resources Authority (ERA) is not the competent authority for SEA. The competent authority for SEA in Malta is the SEA Focal Point within the Ministry for the Environment, Sustainable Development and Climate Change (MESDC). Guidance and advice on the implementation of SEA should be sought from the SEA Focal Point. Further information is available on https://environmentcms.gov.mt/en/sea/Pages/whatIsSea.aspx.

In accordance with the provisions of S.L. 549.61, ERA is identified as one of the Designated Authorities and a Responsible Authority.

Responsible Authorities

Plan proponents in the public sector (legally referred as “responsible authorities”) are responsible for carrying out an SEA of their plans and programmes. Following a change in the local SEA Regulations in 2010, it is now the responsibility of government and public authorities, in their capacity as plan proponents, to determine whether an SEA is required for their own plans and programmes in accordance with the provisions of S.L. 549.61. Therefore, in its separate function as a regulatory plan maker or environmental protection, ERA is required to carry out an SEA of its own plans and programmes in line with the same legal parameters that apply to other plan proponents.

The Environment & Resources Authority (ERA) is not the competent authority for SEA. The competent authority for SEA in Malta is the SEA Focal Point within the Ministry for the Environment, Sustainable Development and Climate Change (MESDC). Guidance and advice on the implementation of SEA should be sought from the SEA Focal Point. Further information is available on www.sea.gov.mt.

In accordance with the provisions of S.L. 549.61, ERA is identified as one of the Designated Authorities and a Responsible Authority.

Designated Authorities

The legal set-up for SEA establishes statutory consultees (legally referred to as “designated authorities”) which should be consulted by plan proponents, whether government or public authorities, throughout the SEA process. As a statutory consultee, ERA advises plan proponents on relevant environmental issues at the screening and scoping stages of the SEA process and comments on the SEA environmental report and draft plans and programmes.

ERA’s comments on past and current draft plans and programmes, referred to ERA through the SEA consultation route, are available from here.