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SRA-E-06: Innovation and Technical Progress – Benefit without risk? Ljubljana, 11 – 12 Sep 06

SRA-E-06: Innovation and Technical Progress – Benefit without risk? Ljubljana, 11 – 12 Sep 06. Land Use Planning in the Context of Seveso II establishments in Austria Maria.stangl@stmk.gv.at. Overview. Dangerous neighbourhood. 1. Introduction & legal basis. EU: Art. 12 of Dir 96/82/EC

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SRA-E-06: Innovation and Technical Progress – Benefit without risk? Ljubljana, 11 – 12 Sep 06

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  1. SRA-E-06: Innovation and Technical Progress – Benefit without risk?Ljubljana, 11 – 12 Sep 06 Land Use Planning in the Context of Seveso II establishments in Austria Maria.stangl@stmk.gv.at

  2. Overview

  3. Dangerous neighbourhood ..

  4. 1. Introduction & legal basis EU: Art. 12 of Dir 96/82/EC Ensure • appropriate distances between „Seveso“ establishments and residential areas, areas of public use and of particular natural sensitivity • additional technical measures in the case of existing establishments • consulation procedures to make available technical advice on generic or case-by-case basis

  5. Art. 12 of Dir 96/82/EG / 2 Control • siting of new establishments • modification to existing establishments • new developments • appropriate distances • reference scenarios

  6. Austria • general LUP: legislative & executive competence of 9 Länder • both transposition & implement´n of Art 12 into LUP legislation & administrative procedures

  7. Permanent Seveso Working Group • Discussion started in 1996. • decision taken in 1999 concerning major scenarios LPG (highly) flammable liquid and solid substances, explosives and explosive gas-clouds • decision on dispersion of toxic gases based on Report of TU Graz in 2000 • first recommendation in 2001 • Amended recommendation in 2005

  8. Permanent Seveso Working Group

  9. 2. Reference Scenariosand their role in LUP • Proper solution for adequate distances between „Seveso-establishments“ and „sensitive developments“ • Distance model (MIACC-guide: threshold – quantity related distances) • Standardized case-by-case assessment • Accounting for active technical protective measures • Avoid high incidence of coservative assumptions • Determine calculation models and parameters

  10. Distance model (examples)

  11. Standardized case-by-case assessment

  12. 3. Legal impact & practical problems • Scenarios as recommendations for technical advice • Case by case approach possible, if necessary

  13. Practical problems • New developments around existing establishments (very frequent case) • No more new developments (esp. housing)?Additional technical measures? • Public perception?

  14. Practical problems / 2 • Compensation to land-owners in case of prohibition of use for dedicated purpose (eg housing)?? • State aids for relocation of establishments?? • (Direct application of Art. 12 of Dir. in cases of insufficient compliance?

  15. Thank you • For your attention. • Questions and answers?

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