Siting decisions and land-use planning under the Industrial Accidents Convention

1. Siting decisions and land-use planning under the Industrial Accidents Convention • Nick Bonvoisin • Secretary to the Convention on the • Transboundary Effects of Industrial Accidents • Nicosia • 24 September 2012

2. Convention on the Transboundary Effects of Industrial Accidents • Provision on decision-making and siting • Recent activities related to land-use planning • Safety Guidelines and Good Practices for Pipelines • Seminar on land-use planning around hazardous industrial sites • Next steps

3. Industrial Accidents Convention • Adopted in 1992 • Entered into force in 2000 • Now has 40 Parties, including EU, in ECE region • Not nuclear, military, dams (but tailings dams?), transport (but pipelines?), GMOs, marine environment

4. Decision-making on Siting (article 7) • Objectiveof minimizing risk to population and environment of all affected Parties • Seek the establishment of policies on siting of new hazardous activities and on significant modifications to existing hazardous activities • Seek the establishment of policies on significant developments in areas that could be affected by transboundary effects of industrial accident • Consider matters set out in Annex V, 2(1) to (8), & Annex VI SITING LAND-USE PLANNING

5. Safety Guidelines and Good Practices for Pipelines • Principles: Land-use planning considerations should be taken into account in • routing of new pipelines (e.g. limit proximity to populated areas and water catchment areas) • decisions on proposals for new developments in vicinity of existing pipelines • Countries should • establish system of permits and of land-use planning procedures with public involvement to ensure that pipelines planned, designed, constructed and operated safely, plus adequate monitoring and control SITING LAND-USE PLANNING

6. Safety Guidelines and Good Practices for Pipelines • Competent authorities should • ensure that objectives of preventing and limiting effects of accidents taken into account in land-use policies, with particular regard to safety distances etc. • set up consultation procedures to facilitate policy implementation • ensure that technical information about safety for humans and protection of environment available when decisions taken • ensure that public able to give its opinion • carry out permitting process, including environmental impact assessment, in a transboundary context when applicable • Hazard or risk assessment and land-use planning

7. Joint seminar on land-use planning around hazardous industrial sites • International dialogue, November 2010 in The Hague • Better understanding between stakeholders working on industrial safety and land-use planning • Safe neighbourhoods around hazardous industrial facilities • Objectives: • To signal safety concerns about new developments near facilities • To discuss role of land-use planning in hazard prevention • To identify priorities and interests of stakeholders • To share experience, good practices and challenges on cooperation between stakeholders from ECE countries • To discuss availability of different instruments and policies • To make recommendations on how to improve cooperation

8. Simulation

9. Simulation: Different & competing points of view

10. Simulation: Reflections • Authorities should • identify groups of stakeholders whose interests may be affected through land-use development projects • involve such groups at an early stage in those projects • be transparent with the development projects • promote awareness and through it ensure active participation of relevant stakeholder groups in development projects • Industry and public should take active part in development projects (if concerned), and be open to finding constructive solutions • National authorities should take steps to ensure effective local management of development processes

11. National level recommendations • To ensure cooperation, countries should consider introducing transparent procedures that would impose cooperation or mandatory communication between parties involved in safety and land-use planning at an early stage of development. Alternatively a protocol setting obligations on ‘who does what’ should be introduced • Effective cooperation should be strengthened through meetings of land-use and safety agencies at national & local levels, aimed at building mutual understanding and trust • Either geographical information systems should include risk assessments associated with hazardous industrial sites, or develop databases • Land-use plans for areas around hazardous industrial sites should be open for review by safety authorities before their approval

12. International level recommendations • Periodical meetings at international level • to discuss challenging cases in safety and land-use planning • to brainstorm on alternative developments scenarios • to identify possible solutions and learn from each other • Criteria or standards for safety and land-use planning • jointly developed by a group of safety and land-use planning experts • (taking into account differing levels of development in countries) • Publication containing best available practices • Possibly web-based advisory community discussing challenging cases

13. Next steps • ECE Committee on Housing & Land Management wishes to arrange a joint session on the topic within 2nd Housing Forum, Geneva, 22-24 April 2013 • New draft workplan: Development by group of safety and land-use planning experts of criteria or standards for safety and land-use planning (Co-funding might be sought through ECE Committee on Housing & Land Management) • Possible amendments: Provisions on land-use planning

14. Other issues • Conference of the Parties to the Convention, 14-16 November 2012, Stockholm • Amendments • Annex I in line with GHS • Revised scope • Strengthened public participation • Revised scope of mutual assistance • Clarified or strengthened reporting obligations • Accession by other Member States of the United Nations • Provisions on land-use planning • Provisions on the review of compliance • Governance structures under the Convention

15. Other issues • Conference of the Parties to the Convention: important decisions also to be taken on • Financing • Workplan • Civil Liability Protocol • 3-hour on-line, and 3-day face-to-face, training

16. Industrial Accidents Convention www.unece.org/env/teia