Sub-title: Decision-making on the use of land at the local level

Country: Bulgaria

Date: 2016

Category: Plans, procedures

Tags: Land Use Plans, Industrial Safety, SEA, Screening

Organization(s) involved: Minister of Environment and Water; Directors of Regional Inspectorates of Environment and Water

Summary: 

The Minister of Environment and Water (for national plans) and Directors of Regional Inspectorates of Environment and Water (for local plans) are the competent environmental authorities in Bulgaria for SEA regarding land-use plans. They perform the following screening tests.

For land-use plans for siting of facilities, these authorities:

a)     Check whether the investment proposal was subject to EIA. If so, they check whether the dangerous substances, major accidents risks and measures for prevention, control and limitation of consequences of major accidents for the environment and human health were evaluated and documented;

b)    Check whether a safety report was adopted;

c)     Verify safety distances from the facility to residential, public use or recreational areas, and transport routes.

If the conditions in (a)–(c) are all met, then, as a rule, SEA is not required. If they are not all met, an EIA must be conducted. A detailed development plan and land-use change cannot be adopted until safety distances are ensured.

For land-use plans for new residential or public use areas, or transport routes, these authorities:

a)     Inform the developer of the presence and location of any existing facilities on the territory of the plan or plan modifications, including the risk potential of the facilities, permitted activities and the type and maximum allowed quantities of dangerous substances. For enterprises with high-risk potential, the approved safety report provides additional information. The developer uses the information to define safety distances and monitoring measures;

b)    Require the developer to submit (to the environmental authority) the screening documentation,

c)     Including details about safety distances and an analysis of the expected adverse effects resulting from the increased risk and the consequences from a major accident situation from existing hazardous facilities;

d)    Send the screening information to the competent authorities for opinions on constructions if there are special legislative requirements for safety distances for the facility;

e)     Issue a screening decision including information on safety distances, any conditions and measures.

The screening decision is publicly accessible and subject to appeal.

Further details: See the UNECE Guidance on Land-Use Planning, the Siting of Hazardous Activities, and Related Safety Aspects (2017), Chapter III, Box 2

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