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Better Regulation – R Morris (SEPA)
Better regulation has been a long-standing commitment for SEPA
and is a key aspect of the agency's Annual Operating Plan. As
part of this, SEPA has launched a public consultation which will
close on 14 Feb 2011 on the core components, and principles, of
this agenda moving forward. SEPA's Chairman and CEO
both see this consultation as bringing about the most significant
change to SEPA and its operations since the agency's inception.
One of the main issues for the consultation is the existing
complexity of environmental legislation. The current
regulatory regimes are neither aligned, nor as simple, as they
could be. This can be confusing and more burdensome than it
might otherwise be and SEPA considers that there is considerable
scope for simplification, and integration. Each of the
principal environmental regimes has its own regulatory process,
forms and guidance and these make different, sometimes duplicating,
demands on operators.
Another very important capability for delivering 'Better
Environmental Regulation' is the whole area of problem solving and
'harms' reduction. The consultation briefly describes this approach
and what it means for SEPA's operating and funding model.
Support is being sought for SEPA to have sufficient flexibility and
resources in place to effectively address harms with partner
organisations.
The proposed changes will result in fewer inspections but an
increasing proportion being based on an audit based approach.
SEPA has looked at experience elsewhere in Europe, in particular,
and will be aligning itself more closely to the levels of
inspection that equivalent agencies carry out. Staff training
and guidance will be revised to support this kind of change.
SEPA has been exploring what form 'integration' might take and
is keen to work with sectors to explore the potential for single
site, corporate, operator and network level licences – for both
baseline compliance and going beyond compliance etc. The
example of the Victoria State EPA was used to illustrate the
potential here but SEPA is clear that something that is suited to
Scottish circumstances would be developed. SEPA does not have
a fixed view of what is possible in this area.
To realise the maximum potential for integration, alignment and
simplification the consultation proposes that legislative reform,
through new enabling legislation, will be required. Such
reform would also cover the need for more effective penalties and
sanctions, including civil sanctions, to underpin a risk-based
approach.
The funding model under which SEPA currently operates will need
to change as it will not fund the kind of transformation that SEPA
envisages. The focus being on a smaller, lower cost
organisation that is delivering what is expected of it, for
Scotland Plc.
C MacDonald (SEPA) indicated that this was not certainly the
only opportunity to offers views and that SEPA would be consulting
again later on in 2011. It was also important to recognise
that this consultation is not a reaction to a reducing
budget. SEPA has been considering options for change for over
two years and is at a stage where it wants to identify support for
the future. In essence, the role of better regulation is to
improve the way SEPA works and to maximise what can be achieved –
doing better, with less.
Deadline for consultation:- 14 Feb 2011
http://www.sepa.org.uk/about_us/consultations.aspx
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