Ordinary non-urban strategic environmental assessment.

Sede Electrónica

Ordinary non-urban strategic environmental assessment.

This evaluation will be subject to plans and programmes promoted by natural or legal persons, public or private, which are adopted or approved by a public administration, and whose preparation and approval is required by a legal or regulatory provision or by agreement of the Governing Council of Cantabria, when they establish the framework for the future authorisation of projects legally subject to environmental impact assessment and refer to agriculture, livestock, forestry, aquaculture, fisheries, energy, mining, industry, transport, waste management, water resources management, occupation of the maritime-terrestrial public domain, use of the marine environment, telecommunications and tourism, or affect areas of the Natura 2000 Network.

General information

Regional ministry
Consejeria De Fomento, Vivienda, Ordenacion Del Territorio Y Medio Ambiente
Governing board
Direc. General De Medio Ambiente Y Cambio Climatico (DIR3: A06045079)
Classification
Authorizations, licenses, concessions and approvals
Subject(s)
Environment
Starting way
Interested
Target
Citizens
Legal entities, self-employed persons and registered professionals
Administration and public employees
Subject to fees
No
Languages ​​in which the procedure can be completed
Spanish
Allow power of attorney
Yes
Links to web pages with specific information
Type
What is strategic environmental assessment and why is it carried out; its regulatory framework and the plans or programmes on which it applies.

Requirements

Plans and programmes adopted or approved by a public administration and whose preparation and approval are required by a legal or regulatory provision or by agreement of the Council of Ministers or the Governing Council of an Autonomous Community shall be subject to an ordinary strategic environmental assessment, when:

(a) Establish the framework for the future authorisation of projects legally subject to environmental impact assessment and relate to agriculture, livestock, forestry, aquaculture, fisheries, energy, mining, industry, transport, waste management, water resources management, occupation of the maritime-terrestrial public domain, use of the marine environment, telecommunications, tourism, urban and rural spatial planning, or land use; or

b) They require an assessment because they affect Natura 2000 Network areas in the terms provided for in Law 42/2007, of 13 December, on Natural Heritage and Biodiversity.

The cases legally provided for for simplified strategic environmental assessment will also be submitted when determined by the environmental body, at the request of the developer.

Deadlines and submission

Deadline for submission

The promoter is obliged to submit an application for initiation, accompanied by the draft of the plan or programme and an initial strategic document with the content determined in article 18.1 of Law 21/2013.
Within twenty working days of receipt of the request for initiation, the environmental body may decide its inadmissibility, giving the promoter a prior hearing, for any of the following reasons:
a) If it unequivocally considers that the plan or programme is manifestly unfeasible for environmental reasons.
b) If it considers that the initial strategic document does not meet sufficient quality conditions.
c) If it has already rejected or has already issued an unfavourable strategic environmental statement in a plan or programme substantially similar to the one presented.

The environmental body will submit the draft plan or programme and the initial strategic document to consultations with the affected public administrations and interested persons for a period of 30 days, during which it will prepare and send to the promoter and the substantive body, the scoping document of the strategic environmental study, together with the replies received to the consultations carried out.
The environmental body will have a maximum period of two months, counted from the receipt of the request to initiate the ordinary strategic environmental assessment, to carry out the consultations and prepare a scoping document.

Taking into account the scoping document, the promoter shall prepare the strategic environmental study, which shall identify, describe and evaluate the possible significant effects on the environment of the implementation of the plan or programme, as well as reasonable technically and environmentally feasible alternatives, taking into account the objectives and geographical scope of the plan or programme.
The maximum period for the preparation of the strategic environmental study, after the completion of the public information and a new phase of consultations, will be fifteen months from the notification to the promoter of the scoping document.

Submission deadline start date
06/04/2018
Submission deadline end date
-
Periodicity
Continuous
Means of submission
Online and in person
Online submission
At the General Electronic Registry
Art. 14. 2 of the Law 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations, establishes the obligatory nature of the electronic management for certain subjects as, for example, a) The juridical persons, b) Entities without legal personality, c) Those who carry out a professional activity for which compulsory membership is required, for the procedures and actions they carry out with the Public Administrations in the exercise of said professional activity. In any case, within this group, notaries and property and mercantile registrars shall be included. d) Those who represent an interested party who is obliged to relate electronically with the Administration, e) The employees of the Public Administrations for the procedures and actions that they carry out with them due to their condition of public employee, in the form in which it is determined by regulation by each Administration.
Place(s) for in-person submission

General Electronic Registry of the Administration of the Autonomous Community of Cantabria or through any of the means established in Article 134 of Law 5/2018, of 22 November, on the Legal Regime of the Government, the Administration and the Institutional Public Sector of the Autonomous Community of Cantabria.

Required documentation

Initial strategic document.

It shall contain at least the following information: a) The objectives of the planning. b) The scope and content of the proposed plan or programme and its reasonable, technically and environmentally feasible alternatives. c) The foreseeable development of the plan or programme. d) The potential environmental impacts taking into account climate change. e) The foreseeable impacts on the concurrent sectoral and territorial plans.

PDF document electronically signed by a competent technician.

Mandatory

Processing and resolution

Instructor board
Urban Impact and Sustainable Development Section.
Attributive rule

- Decree 73/2005, of 30 June, on the organic structure and modification of the lists of jobs in the Department of the Environment and subsequent modifications.

- Decree 54/2023, of 20 July, partially modifying the Basic Organic Structure of the Ministries of the Government of Cantabria.

Reports or opinions
  • Summary document in which the promoter describes the integration in the final proposal of the plan or programme of the environmental aspects, the strategic environmental study and its adequacy to the scoping document, the result of the consultations carried out and how these have been taken into consideration. (elaboration deadline: 15 months.).
  • Resolution entity
    Director General of Environment and Climate Change.
    Attributive rule

    - Decree 73/2005, of 30 June, on the organic structure and modification of the lists of jobs in the Department of the Environment and subsequent modifications.

    - Decree 54/2023, of 20 July, partially modifying the Basic Organic Structure of the Ministries of the Government of Cantabria.

    Maximum deadline for decision
    4 Months
    Average deadline for decision
    6 Months
    Effects of the administrative silence or inactivity of the Administration
    Initiation by request:
    Negative
    Does it put an end to the administrative procedure?
    No

    Appeals

    Type

    As it is a procedural act, there are no appeals directly through administrative channels (except in cases of inadmissibility), without prejudice to those that may be filed against the act approving the plan or programme, as well as, in judicial proceedings, those that may be lodged against the general provision that would have contemplated its preparation.

    Regulations

    Regulation applied
  • Law 21/2013, of 9 December, on environmental assessment.
  • Law 27/2006, of 18 July, which regulates the rights of access to information, public participation and access to justice in environmental matters.
  • Law of Cantabria 17/2006, of 11 December, on integrated environmental control.
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