The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 6, 53 and 106 of the Environmental Protection Agency Act 1992 (No. 7 of 1992), as amended by Part 2 of the Protection of the Environment Act 2003 (No. 27 of 2003), for the purpose of giving effect to Council Directive 2002/49/EC relating to the assessment and management of environmental noise (1 ) hereby makes the following Regulations: -
In these Regulations, unless the context otherwise requires:-
“acoustical planning” means controlling future noise by planned measures, such as land-use planning, systems engineering for traffic, traffic planning, abatement by sound-insulation measures and control of noise sources;
“the Act” means the Environmental Protection Agency Act 1992 ;
“action plan” means a plan designed for the purpose of managing noise issues and their effects, including noise reduction if necessary;
“action planning authority” has the meaning assigned by article 7;
“the Agency” means the Environmental Protection Agency established under Section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“agglomeration of Cork” means the restricted area of Cork as specified in the First Schedule to the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 ( S.I. No. 118 of 1998 );
“agglomeration of Dublin” means the county borough of Dublin, the administrative county of Dun Laoghaire/Rathdown other than those areas excluded in the First Schedule to the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 ( S.I. No. 118 of 1998 ), and the administrative counties of Fingal and South Dublin;
“airport authority” means an airport authority established under Section 6 of the State Airports Act (No. 32 of 2004);
“the Commission” means the Commission of the European Communities;
“the Directive” means Council Directive 2002/49/EC relating to the assessment and management of environmental noise;
“environmental noise” means unwanted or harmful outdoor sound created by human activities, including noise emitted by means of transport, road traffic, rail traffic, air traffic, and from sites of industrial activity including those defined in Annex I to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevent and control (2 );
“larnród Éireann” means the company charged with the management, operation and development of Ireland's rail network under the Transport (Re-organisation of Coras lompair Éireann) Act 1986 (No. 31 of 1986);
“Lden” (day-evening-night noise indicator) means the noise indicator for overall annoyance, as further defined in the First Schedule;
“Lday” (day-noise indicator) means the noise indicator for annoyance during the day period, as further defined in the First Schedule;
“Levening” (evening-noise indicator) means the noise indicator for annoyance during the evening period, as further defined in the First Schedule;
“Lnight” (night-time noise indicator) means the noise indicator for sleep disturbance, as further defined in the First Schedule;
“major road” means a national, regional or international road which has more than three million vehicle passages per year;
“major railway” means a railway line which has more than 30,000 train passages per year;
“major airport” means a civil airport which has more than 50,000 movements per year, excluding those movements purely for training purposes on light aircraft; in this context, “a movement” means a single take-off or landing of an aircraft;
“the Minister” means the Minister for the Environment, Heritage and Local Government;
“national authority” has the meaning assigned by article 5;
“National Roads Authority” means the body established under Section 16 of the Roads Act 1993 (No. 14 of 1993);
“noise-mapping” shall mean the presentation of data on an existing or predicted noise situation in terms of a noise indicator, indicating breaches of any relevant limit value in force, the number of people affected in a certain area, or the number of dwellings exposed to certain values of a noise indicator in a certain area;
“noise-mapping body” has the meaning assigned by article 6;
“quiet area in an agglomeration” means an area, delimited by an action planning authority following consultation with the Agency and approval by the Minister, where particular requirements on exposure to environmental noise shall apply;
“quiet area in open country” means an area, delimited by an action planning authority following consultation with the Agency and approval by the Minister, that is undisturbed by noise from traffic, industry or recreational activities;
“Railway Procurement Agency” means the body established under Section 9 of the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001);
“road authority” has the meaning assigned by the Roads Act 1993 (No. 14 of 1993), as amended by the Local Government Act 2001 (No. 37 of 2001); and
“strategic noise map” means a map designed for the assessment of noise exposure in a given area.
(2)
In these Regulations:-
(a)
any reference to an article or sub-article which is not otherwise identified is a reference to an article or sub-article of these Regulations;
(b)
a reference to a schedule which is not otherwise identified is a reference to a schedule of these Regulations;
(c)
a letter, word, phrase or symbol which has been assigned a meaning by the Directive, or is used in the Directive, has that meaning where the context requires except where otherwise indicated; and
(d)
a reference to a standard shall mean the use or application of the most recent revision of that standard.
These Regulations provide for the implementation in Ireland of a common approach within the European Community intended to avoid, prevent or reduce on a prioritised basis the harmful effects, including annoyance, due to exposure to environmental noise.
(2)
These Regulations shall apply to environmental noise to which people are exposed, in particular in built up areas, in public parks or other quiet areas in an agglomeration, in quiet areas in open country, near schools, near hospitals, and near other noise-sensitive buildings and areas.
(3)
These Regulations shall not apply to noise caused by an exposed person, noise from domestic activities, noise created by neighbours, noise at work places, noise inside means of transport, or noise due to military activities in military areas.
The Environmental Protection Agency shall be the designated national authority for the purposes of these Regulations.
(2)
The Agency shall exercise general supervision over the functions and actions of noise-mapping bodies and action planning authorities, and provide guidance or advice to such bodies and authorities, where necessary.
(3)
For the purposes of these Regulations, the powers conferred on the Agency by section 63 of the Act in relation to local authorities shall be exercisable by the Agency in relation to all bodies to whom noise-mapping functions are assigned in article 6.
(4)
The Agency shall submit to the Commission the information required in accordance with Article 10(2) of the Directive.
The following shall be designated noise-mapping bodies for the purpose of making and approving strategic noise maps: -
(a)
for the agglomeration of Cork, Cork City Council and Cork County Council;
(b)
for the agglomeration of Dublin, Dublin City Council and the County Councils of Dun Laoghaire/Rathdown, Fingal, and South Dublin;
(c)
for major railways, larnród Éireann or the Railway Procurement Agency, as appropriate, on behalf of the action planning authority or authorities concerned;
(d)
for major roads:-
(i)
where such roads are classified as national roads in accordance with Section 10 of the Roads Act 1993 (No. 14 of 1993), the National Roads Authority, on behalf of the action planning authority or authorities concerned, and
(ii)
other than those provided for in sub-paragraph (i), the relevant road authority or authorities, as appropriate; and
(e)
for major airports, the relevant airport authority, on behalf of the action planning authority or authorities concerned.
The following shall be designated action planning authorities for the purpose of making and approving action plans, in consultation with the Agency and the noise-mapping body for the noise-map involved: -
(a)
for the agglomeration of Cork, Cork City Council and Cork County Council;
(b)
for the agglomeration of Dublin, Dublin City Council and the County Councils of Dun Laoghaire/Rathdown, Fingal, and South Dublin;
(c)
for major railways, the local authority or local authorities within whose functional area or areas the railway is located;
(d)
for major roads, the relevant local authority or local authorities within whose functional area or areas the road is located; and
(e)
for major airports, the local authority or local authorities within whose functional area the airport is located.
The noise indicators Lden and Lnight, as set out respectively in Parts I and II of the First Schedule, shall be used by noise-mapping bodies for the preparation or revision of strategic noise maps in accordance with article 10.
(2)
(a)
Pending provision for common assessment methods for the determination of Lden and Lnight, as foreseen by Article 5(1) of the Directive, noise indicators and related data used by a noise-mapping body shall be subject to prior approval by the Agency.
(b)
Data approved by the Agency under paragraph (a) shall be not more than three years old and shall be converted into Lden and Lnight.
(3)
Supplementary noise indicators may be used in special circumstances, such as those set out in Part III of the First Schedule, subject to approval by the Agency.
(4)
The Agency shall, as soon as possible after the coming into operation of these Regulations, submit to the Commission the information required in accordance with Article 5(4) of the Directive.
Pending adoption of common assessment methods for the determination of Lden and Lnight, as foreseen by Article 6(2) of the Directive, noise-mapping bodies shall use the assessment methods recommended in Part II of the Second Schedule.
10-
Strategic Noise Maps
(1)
The noise-mapping body or bodies concerned shall, no later than 30 June 2007, make a strategic noise map for each of the following areas, in respect of the calendar year 2006:-
(a)
the agglomeration of Dublin;
(b)
a major road which has more than 6 million vehicle passages per year;
(c)
a major railway which has more than 60,000 train passages per year; and
(d)
a major airport.
(2)
Without prejudice to sub-article (1), the noise-mapping body or bodies concerned shall, no later than 30 June 2012, make a strategic noise map or revised map, as appropriate, for each of the following areas, in respect of the calendar year 2011:-
(a)
an agglomeration with more than 100,000 inhabitants;
(b)
a major road; and
(c)
a major railway.
(3)
Strategic noise maps shall satisfy the minimum requirements set out in the Third Schedule.
(4)
Noise-mapping bodies shall co-operate, as appropriate, with their counterparts in neighbouring Member States of the European Communities with regard to the strategic noise mapping of border areas.
(5)
A noise map shall be reviewed by the noise-mapping body and, if necessary, revised not later than five years after the date on which it was made, or earlier where requested by the Agency.
(6)
Noise-mapping bodies shall ensure that information required for the purpose of article 5(4) is sent to the Agency no later than one month after the date on which a map or revised map is made.
The action planning authority or authorities concerned shall, no later than 18 July 2008, following consultation with the Agency, make an action plan for each of the following areas:-
(a)
the agglomeration of Dublin;
(b)
places near a major road which has more than 6 million vehicle passages per year;
(c)
places near a major railway which has more than 60,000 train passages per year; and
(d)
places near a major airport.
(2)
Without prejudice to sub-article (1), the action planning authority or authorities concerned shall, no later than 18 July 2013, following consultation with the Agency, make an action plan or revised action plan, as appropriate, for each of the following areas:-
(a)
an agglomeration with more than 100,000 inhabitants;
(b)
places near a major road, and
(c)
places near a major railway.
(3)
(a)
Subject to prior consultation with the Agency and to paragraph (b), the action planning authority or authorities concerned, as the case may be, shall determine the measures to be included in an action plan.
(b)
Each action plan shall address priorities which:-
(i)
may be identified on the basis of exceedances of any relevant noise limit value or other relevant criteria established by the Agency in accordance with sub-article 4, and
(ii)
shall, in the first instance, address the most important area or areas, as the case may be, established by strategic noise mapping.
(4)
Without prejudice to any relevant statutory limit value for noise, the Agency may, following consultation with noise-mapping bodies and action planning authorities, establish other relevant criteria for action plan priorities for road-traffic noise, rail-traffic noise, aircraft noise around airports and noise on industrial activity sites, and shall, no later than 18 July 2013, inform the Minister, the Minister of Transport and the Commission of such criteria.
(5)
Action plans shall:
(a)
satisfy the minimum requirements set out in the Fourth Schedule.
(b)
aim to protect quiet areas.
(6)
Action planning authorities shall ensure that:-
(a)
the public are consulted on proposals for action plans;
(b)
the public are given early and effective opportunities to participate in the preparation and review of action plans;
(c)
the results of public participation are taken into account in finalising action plans or reviews of action plans;
(d)
the public are informed of the decisions taken in relation to action plans;
(e)
reasonable time-frames are adopted to allow sufficient time for each stage of public participation.
(7)
(a)
Action planning authorities shall be responsible for the review and, where necessary, revision of action plans.
(b)
An action plan shall be reviewed and, if necessary, revised:
(i)
in the event of a material change in environmental noise in the area concerned,
(ii)
if requested by the Agency, or
(iii)
not later than five years after the date on which it was made or last reviewed.
(8)
Action planning authorities shall co-operate, as appropriate, with their counterparts in neighbouring Member States of the European Communities with regard to the drawing up and approval of action plans for border areas.
(9)
Action planning authorities shall ensure that, for the purpose of article 5(4), a summary of each action plan or revised action plan is sent to the Agency no later than one month after the date on which the action plan or revised action plan, as the case may be, was made.
Noise mapping bodies and action planning authorities shall, in accordance with the provisions of the European Communities Act 1972 (Access to Information on the Environment) Regulations 1998 ( S.I. No. 125 of 1998 ), make strategic noise maps and action plans available to the public and disseminate them by any appropriate means, including through the use of available information technologies.
(2)
Information for the public on noise maps and action plans shall be clear, comprehensive and accessible, and shall include a summary of the most important points.
(3)
Strategic noise-maps and action plans shall be made available to the public no later than one month after the date on which they are made.
The Agency, following consultation with noise-mapping bodies, action planning authorities and the Minister, shall:-
(a)
as soon as possible after the coming into operation of these Regulations, and
(b)
on 30th June 2010 and at five year intervals thereafter,
inform the Commission of all agglomerations with more than 250,000 inhabitants, all major roads which have more than 6 million vehicle passages per year, all major railways which have more than 60,000 train passages per year, and all major airports within the territory of the State.
(2)
The Agency, following consultation with noise-mapping bodies, action planning authorities and the Minister, shall, no later than 31 December 2008, inform the Commission of all agglomerations, all major roads and all major railways within the territory of the State.
The day-evening-night level Lden in decibels (dB) is defined by the following formula:
in which:
- Lday is the A-weighted long-term average sound level as defined in ISO 1996-2: 1987, determined over all the day periods of a year,
- Levening is the A-weighted long-term average sound level as defined in ISO 1996-2: 1987, determined over all the evening periods of a year,
- Lnight is the A-weighted long-term average sound level as defined in ISO 1996-2: 1987, determined over all the night periods of a year;
in which:
- the day is 12 hours, the evening four hours and the night eight hours. The Agency may decide to shorten the evening period by one or two hours, and lengthen the day and/or the night period accordingly, provided its decision is the same for all noise sources; the Agency shall provide the Commission with information on any systematic difference from the default option,
- the Agency shall decide the start of the day, and consequently the start of the evening and the start of the night; the respective default values shall be 07.00, 19.00 and 23.00 local time. The Agency's decision shall be the same for all noise sources;
- a year is a relevant year as regards the emission of sound and an average year as regards the meteorological circumstances;
and in which:
- the incident sound is considered, which means that no account is taken of the sound that is reflected at the facade of the building under consideration (as a general rule, this implies a 3 dB correction in case of measurement).
The height of the Lden assessment point depends on the application:
- in the case of computation for the purpose of strategic noise mapping in relation to noise exposure in and near buildings, the assessment points must be 4,0 ± 0,2 m (3,8 to 4,2 m) above the ground and at the most exposed facade; for this purpose, the most exposed facade will be the external wall facing onto and nearest to the specific noise source; for other purposes other choices may be made,
- in the case of measurement for the purpose of strategic noise mapping in relation to noise exposure in and near buildings, other heights may be chosen, but they must never be less than 1,5 m above the ground, and results should be corrected in accordance with an equivalent height of 4 m,
- for other purposes such as acoustical planning and noise zoning other heights may be chosen, but they must never be less than 1,5 m above the ground, for example for:
- rural areas with one-storey houses,
- the design of local measures meant to reduce the noise impact on specific buildings,
- the detailed noise mapping of a limited area, showing the noise exposure of individual buildings.
