The Health and Safety Authority is required to give advice to planning authorities in relation to the provision of establishments that come within the scope of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (S.I. No. 476 of 2000) which transposes Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances. For purposes of the directive and the statutory instrument an establishment is considered to be the site within the overall landholding of an undertaking where dangerous substances are present in one or more installations.
The establishment in the case of the proposed gas terminal is considered to be the terminal footprint, which is the area within the security fence where the hazardous substances are processed and stored. Pipelines outside the establishment are outside the scope of the directive and statutory instrument and are therefore outside the remit of the Health and Safety Authority for the provision of advice pursuant to these regulations. Pipelines to and from the proposed gas terminal were subject to a permission system under the aegis of the Department of Communications, Marine and Natural Resources. The Health and Safety Authority has not had any role in the assessment of these pipelines outside the establishment.
An Bord Pleanála is currently considering an appeal relating to a planning application for this proposed gas terminal. The application relates to the terminal and the land between it and the boundary of the landholding within which the proposed terminal is situated.
