S.L. 549.61 ст. 4Scope.

(1) An strategic environmental assessment, in accordance with regulations 5 to 10, shall be carried out by the responsible authority for plans and programmes referred to in sub-regulations

(2) to (4) which are likely to have significant environmental effects.

(2) Subject to the provisions of sub-regulation (3), a strategic environmental assessment shall be carried out for all plans and programmes which -

(a) are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use and which set the framework for future development consent of projects listed in Annexes I and II to Directive 85/337/EEC, or

(b) in view of the likely effect on sites, have been determined to require an assessment pursuant to Article 6 or 7 of Directive 92/43/EEC.

(3) Plans and programmes referred to in sub-regulation (2), which determine the use of small areas at local level, and minor modifications to plans and programmes referred to in sub-regulation (2), shall require a strategic environmental assessment only where the responsible authority determines that they are likely to have significant environmental effects.

(4) In addition, the responsible authority shall determine whether its plans and programmes, other than those referred to in sub-regulation (2), which set the framework for future development consent of projects, are likely to have significant environmental effects.

(5) The responsible authority shall determine whether plans or programmes referred to in sub-regulations (3) and (4) are likely to have significant environmental effects either through case by case examination or by specifying types of plans and programmes or by combining both approaches. For this purpose the responsible authority shall in all cases take into account relevant criteria set out in Schedule II, in order to ensure that plans and programmes with likely significant effects on the environment are covered by these regulations.

(6) In the case by case examination and in specifying types of plans and programmes in accordance with sub-regulation (5), the authorities referred to in regulation 7(3) shall be consulted.

(7) The responsible authority shall ensure that its conclusions pursuant to sub-regulation (5), including the reasons for not requiring a strategic environmental assessment pursuant to regulations 5 to 10, are made available to the public, the designated authorities referred to in regulation 7(3) and the competent authority.

(8) (a) Without prejudice to any of these regulations, the competent authority may at any time request a responsible authority at national or local level to submit a plan or programme description statement which provides sufficient detail for it to be able to identify the likely effects on the environment, such that it may determine whether a strategic environmental assessment is required.

(b) The competent authority shall, after submission of the plan or programme description statement by the authority at national or local level, indicate whether the plan or programme requires a strategic environmental assessment.

(c) The decision of the competent authority shall be final.

(9) The following plans and programmes are not subject to these regulations:

(a) plans and programmes the sole purpose of which is to serve national defence or civil emergency,

(b) financial or budget plans and programmes,

(c) plans and programmes co-financed under the current respective programming periods for Council Regulations (EC) No 1260/99 and No 1257/99.