Major Hazard Facilities
In the Netherlands, the Seveso II Directive for the regulation of Major Hazard Facilities has been implemented via a number of regulations, the most important being the Major Accident Risks Decree 1999 (BRZO’99). The objective of the decree is the protection of people and the environment against major accidents involving dangerous substances. As shown in the chart below, the Major Accident Risks Decree is related to several other regulations enforced by different regulatory bodies. Its implementation therefore requires significant cooperation between the various regulatory bodies involved.
The key requirements from the Major Accident Risks Decree 1999 are the implementation of a Major Accident Prevention Policy (MAPP) and a safety management system, as well as the submission of a Safety Report in which operators have to demonstrate that they are adequately managing the risks arising from the facility.
Pipelines
The legislation regulating pipelines is about to change in the Netherlands. The current policy for transport pipelines is to be found in the Structural Plan for Pipelines (SBUI) 1985 which states that the local authorities must reserve zones in their regional spatial plans for the installation of pipelines. The Ministry of Housing, Spatial Planning and the Environment (VROM) has defined minimum safety distances between a pipeline and housing, hospitals and schools for instance. These safety distances are given in two circulars named “Rules regarding zoning along high pressure natural gas transport pipelines” and “Announcement of provisions regarding zoning along transport pipelines for inflammable liquids in categories K1, K2 and K3”.
The proposals for new legislation favour the inclusion of pipelines into land use planning consideration, the appointment of a supervisor within operators, a duty of care for the safe administration of pipelines and application of external safety policy to pipelines.
Land Use Planning
Land use planning in the vicinity of Major Hazard Facilities is regulated by the External Safety (Establishment) Decree. This Decree makes provisions for:
- Making decisions on the siting of new facilities or modifications to existing facilities
- Making decisions on new developments in the vicinity of existing facilities.
It imposes limit values for the location based risk posed by MHF to vulnerable objects (residential properties, school and hospital for instance). These limit values must be observed and not exceeded. The Decree also imposes target values for the location based risk posed by MHF to less vulnerable objects (such as small offices). These target values must be achieved so far as is possible and may only be exceptionally exceeded. Societal risk must also be taken into account in the decision making process for land use planning.