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Dáil Éireann díospóireacht -
Thursday, 12 Apr 2001

Vol. 534 No. 5

Written Answers - EU Directives.

Joe Higgins

Ceist:

150 Mr. Higgins (Dublin West) asked the Minister for the Environment and Local Government if he has received any representations related to the transposition of EU 96/82/EC (Seveso II) through S.I. No. 476 of 2000 (Control of Major Accident Hazards Involving Dangerous Substances) on 21 December 2000; and if so, the sources and nature of such representations. [11156/01]

Joe Higgins

Ceist:

151 Mr. Higgins (Dublin West) asked the Minister for the Environment and Local Government the further measures additional to S.I. No. 476 of 2000 (Control of Major Accident Hazards Involving Dangerous Substances) required to complete the transposition of EU 96/82/EC (Seveso II) into Irish law; and the timescale for the completion of the implementation of this directive. [11157/01]

Joe Higgins

Ceist:

152 Mr. Higgins (Dublin West) asked the Minister for the Environment and Local Government the additional burden that the implementation of S.I. No. 476 of 2000 (Control of Major Accident Hazards Involving Dangerous Substances) has created; and the resources which have been sought to ensure the complete implementation within the time scales laid down. [11159/01]

I propose to take Questions Nos. 150 to 152, inclusive, together.

The primary objective of the Seveso II Directive is to prevent major accidents involving dangerous substances, and to limit the consequences of such accidents for human beings and the environment. Primary responsibility for transposition of the Directive rests with the Minister for Enterprise, Trade and Employment, through the Health and Safety Authority – HSA. The European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations, 2000 (S.I. No. 476 of 2000) therefore represent substantive transposition of the directive.

My Department's responsibility relates to land use planning requirements as set out in article 12 of the directive, and certain external emergency planning issues. In relation to emergency planning, I recently designated county councils and county borough corporations as "local competent authorities" under the powers conferred on me by article 5 of S.I. No. 476 of 2000.

Article 12 of the directive has two fundamental requirements regarding land use planning, that is, that land use policies include objectives for the prevention of major accidents and for limiting their consequences, through controls on development both within and around Seveso establishments, and that procedures are put in place to ensure that technical advice is available to planning authorities in the context of land use decision-making. The requirements in relation to land use policies have been transposed by virtue of section 10 of the Planning and Development Act, 2000 – No. 30 of 2000 – which was commenced on 1 January 2001. This provision makes it mandatory for each local authority to include in its development plan objectives for the control of development within, and in the vicinity of, Seveso establishments for the purposes of reducing the risk, or limiting the consequences, of a major accident.

As regards the making available of technical advice to planning authorities, my Department wrote to planning authorities in July 1999 advis ing them to operate as if the directive's requirements were in place. Since then, planning authorities have been requesting, and taking into consideration, technical advice from the HSA in the context of Seveso-related planning decisions. More recently, article 29 of S.I. No. 476 of 2000 placed a statutory obligation on the HSA to respond, within specified time frames, to requests from planning authorities and An Bord Pleanála for technical advice.
Work on the regulations which will give statutory effect to the procedural arrangements for planning authorities requesting advice from the HSA is at an advanced stage. These regulations will be included as part of the main development control regulations which I propose to submit to the Oireachtas for approval very shortly. This will complete the formal transposition of the directive.
I have received correspondence on the implications of the directive for the Cork area. I am precluded from exercising any power or control in relation to any particular case with which a planning authority is or may be concerned. However, I have been advised by the HSA that advice provided by the authority in respect of individual planning applications is backed by risk assessment which stands up to international scrutiny. With regard to any resource implications for local authorities, it is a matter for each individual authority to assess the resources required to discharge their obligations arising under S.I. No. 476 of 2000. I am not aware of any requests for additional resources having been received in my Department. Any such requests would be considered on their individual merits.
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