A Researcher’s View on the Proposal of Legal Regulations Regarding Major Accident Hazard Assessment in the Land Use Planning Process in Poland

Abstract

This paper aims at reviewing the core Polish regulations on land‑use plan­ning (LUP) around hazardous plants and presenting a researcher’s view on the proposal of a ministerial ordinance on safety distance determination from the plants creating a major accident hazard (Seveso establishments). Currently there are no legal regulations concerning the method of safety distance deter­mination from Seveso establishments in Poland. The method of generic‑dis­tances recommended in the Polish guidelines from 2007 is not mandatory. The author stands by her opinion expressed for the first time in 2015 that Polish legal regulations on safety distance determination from Seveso establishments formulated as a ministerial ordinance are indisputably needed. If the ordinance is issued, it will contribute to a more complete implementation of the Direc­tive 2012/18/EU and will allow nationwide unification of the method of safety distance determination. The consequence‑based approach seems a reasonable option in Polish conditions. This researcher suggests an extension of the draft of the ordinance by introducing a reference tool for the mathematical mod­elling of accident consequences. It is also worth considering the introduction of legal norms for the description of areas designed in the spatial planning documents for the location of Seveso establishments.