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Hazardous Substances.

Dáil Éireann Debate, Tuesday - 30 November 2004

Tuesday, 30 November 2004

Questions (261, 262)

Pat Breen

Question:

315 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the consultation procedures that are in place for affected landowners in respect of the designation of safety zones for establishments under the terms of the Seveso directive; and if he will make a statement on the matter. [30980/04]

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Pat Breen

Question:

316 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment if compensation is available for affected landowners within designated zones established by the Health and Safety Authority under the Seveso directive in like manner to similar landowners affected by the designation of special areas of conservation; and if he will make a statement on the matter. [30981/04]

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Written answers

I propose to take Questions Nos. 315 and 316 together.

The Health and Safety Authority is required to provide technical advice to planning authorities or An Bord Pleanála in respect of siting of new establishments, modification of an existing establishment and proposed development in the vicinity of an existing establishment, pursuant to regulation 29 of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000, which transpose the Seveso directive into Irish law. That advice is based on a consideration of the hazards and risks to man and the environment arising from major accidents, which pertain to an existing or proposed establishment.

The consultation required by article 12 of the Seveso directive is that between competent authorities and planning authorities and these are reflected in the relevant provisions of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 and the Planning and Development Regulations 2001. Where the HSA has provided general advice for land use planning around an establishment, known as generic advice and distinct from a response to a specific planning application, it is expected this will become part of the development plan for the area, which is subject to a public consultation process.

However, the generation of the advice is a technical exercise based on a consideration of plant and chemical inventories and the advice tendered is from a template which proposes that certain types of development are appropriate for given levels of risk or hazard. This template is used to ensure impartiality and consistency of advice. The HSA facilitates discussions with landowners-developers who have an interest in land that has been covered by land use planning advice and it has a policy of reviewing generic advice on an annual basis to take account of changes that may have taken place since the provision of the advice.

The issue of compensation for matters arising from the provision of land use advice by the HSA is outside the scope of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000, SI 476 of 2000, which transpose the current Seveso directive into Irish law. Issues regarding compensation in respect of refusals of permission to develop land, or conditional grants of planning permission, are dealt with under the Planning and Development Act 2000, which is the responsibility of the Department of the Environment, Heritage and Local Government.

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