Noise
Environmental Protection Agency Act
PART VI
Miscellaneous
Regulations for control of noise.
106.—(1) The Minister may, following consultation with any Minister of the Government who in the opinion of the Minister is concerned and with the Agency, make regulations for the purpose of the prevention or limitation of any noise which may give rise to a nuisance or disamenity, constitute a danger to health, or damage property.
(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following—
(a) controlling sources of noise,
(b) (i) specifying maximum limits for noise either generally or in specified areas or classes of areas,
(ii) specifying maximum limits for noise emissions, from or into premises or classes of premises, either generally or at specified periods, or
(iii) specifying maximum limits of noise levels in prescribed premises,
(c) regulating the operation, including licensing, of trades, processes or works, including the timing and control of movements of vehicles and the operation of engines and plant which are, or may be, sources of noise,
(d) limiting or prohibiting the use of loudspeakers in or adjoining public places, including different provisions for different places or classes of places and at different times, and subject to such exceptions as may be specified,
(e) the measurement of noise and the investigation of noise effects, or
(f) the imposition of charges or the payment of fees for the purposes of the regulations or for services performed thereunder.
(3) The Act of 1963 is hereby amended by the addition at the end of Part IV of the Third Schedule of the entry: “14. Securing the reduction or prevention of noise.”.
Annotations
Editorial Notes:
E335
Previous affecting provision: power pursuant to section exercised (3.04.2006) by Environmental Noise Regulations 2006 (S.I. No. 140 of 2006), in effect as per reg. 2; revoked (31.12.2018) by European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018), reg. 15, in effect as per reg. 1(2).
Power of local authority or Agency to require measures to be taken to prevent or limit noise.
107.—(1) Where it appears to—
(a) a local authority in relation to any premises, processes or works, other than an activity for which a licence is required under Part IV, or
(b) the Agency in relation to an activity for which a licence is required under Part IV but has not been issued,
that it is necessary to do so for the prevention or limitation of noise, the local authority or the Agency, as the case may be, may serve a notice on the person in charge.
(2) A notice pursuant to this section shall indicate requirements for the prevention or limitation of the noise and may—
(a) specify the measures which appear to the local authority or the Agency, as the case may be, to be necessary in order to prevent or limit the noise,
(b) direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or limit the noise, and
(c) specify a period, which the local authority or the Agency, as the case may be, considers reasonable in all the circumstances of the case, within which such measures are to be taken.
(3) A person on whom a notice under this section has been served may, within such period as may be specified in the notice, make such representations in writing as he thinks fit to the local authority or the Agency, as the case may be, concerning the terms of the notice, and the local authority or the Agency, as the case may be, having considered any such representations, may amend a provision of the notice (including the provision relating to subsection (2) (c)) or may confirm or revoke the notice, and shall inform the person of such amendment, confirmation or revocation.
(4) A person on whom a notice under this section has been served shall, within the period specified, comply with the requirements of the notice, or, as the case may be, the notice as amended.
(5) If a person on whom a notice under this section has been served by a local authority or the Agency, as the case may be, does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice or the notice as amended, the local authority or the Agency, as the case may be, may take such steps as it considers reasonable and necessary to secure compliance with the notice and may recover any costs and expenses thereby incurred from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction.
(6) It shall be a good defence, in a prosecution for a contravention of this section in the case of noise caused in the course of a trade or business, for the accused to prove that—
(a) he took all reasonable care to prevent or limit the noise to which the charge relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that, having regard to all the circumstances, were suitable for the purposes of such prevention or limitation, or
(b) the noise is in accordance with—
(i) the terms of a licence under this Act, or
(ii) regulations under section 106.
(7) A register of notices issued, amended or revoked by the local authority or the Agency shall be kept at the office of the local authority or the Agency, as the case may be, and be available for public inspection free of charge during office hours and copies of entries shall be provided on request to any person on payment by him to the local authority or the Agency, as the case may be, of such fee (if any) as the local authority or the Agency, as the case may be, shall fix not exceeding the reasonable cost of making the copy.
Noise as a nuisance.
108.—(1) Where any noise which is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to a person in any premises in the neighbourhood or to a person lawfully using any public place, a local authority, the Agency or any such person may complain to the District Court and the Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned shall comply with such order.
(2) It shall be a good defence, in the case of proceedings under subsection (1) or in a prosecution for a contravention of this section, in the case of noise caused in the course of a trade or business, for the accused to prove that—
(a) he took all reasonable care to prevent or limit the noise to which the complaint relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that, having regard to all the circumstances, were suitable for the purposes of such prevention or limitation, or
(b) the noise is in accordance with—
(i) the terms of a licence under this Act, or
(ii) regulations under section 106.
(3) Before a complaint is made to the District Court under subsection (1) the local authority or the person concerned, as the case may be, shall serve a notice in the prescribed form of the intention to make such a complaint, within such time as may be specified in the notice, on the person alleged to have made or have caused or have been responsible for the noise.
(4) This section shall not apply to noise caused by—
(a) aircraft, or
(b) such statutory undertaker or local authority, as may be prescribed, in the exercise of powers conferred on it by or under any enactment in such circumstances as may be prescribed.
Annotations
Editorial Notes:
E336
Power pursuant to section exercised (1.07.1994) by Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (S.I. No. 179 of 1994), in effect as per reg. 2.
Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994.
S.I. No. 179 of 1994.
ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 (NOISE) REGULATIONS, 1994.
In exercise of the powers conferred on the Minister for the Environment by sections 6 , 11 and 108 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:
1. These Regulations may be cited as the Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994.
2. These Regulations shall come into operation on the 1st day of July, 1994.
3. In these Regulations—
“the Act” means the Environmental Protection Agency Act, 1992 .
4. An offence in relation to a notice, or to a notice as amended, served by a local authority under section 107 of the Act may be prosecuted summarily by that local authority.
5. A notice for the purpose of sub-section 108 (3) of the Act shall be in the form prescribed in the Schedule hereto and shall contain the particulars specified therein.
SCHEDULE.
ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 .
Notice pursuant to section 108 (3) of the Environmental Protection Agency Act, 1992 of intention to make a complaint to the District Court in relation to noise giving reasonable cause for annoyance.
Complainant
……………………………………..
of
……………………………………. 1
Defendant
……………………………………..
of
…………………………………… 2
WHEREAS the above-named complainant alleges that the above-named defendant is the *person *body 3 making, causing or responsible for the following noise, namely,………………………………………………….. 4 ………………………………………….at………………………………………… 4 in District Court district No………..and District Court area of………………………… 4, which noise is so loud/so continuous/so repeated/of such duration or pitch/occurring at such times5 as to give reasonable cause for annoyance to
*the complainant,
*a person in any premises in the neighbourhood,
*a person lawfully using a public place,3
NOTICE IS HEREBY GIVEN to the defendant that the complainant intends to make a complaint pursuant to section 108 (1) of the above Act to a sitting of the District Court for the said court area and district to be held at…………………………………………………… …………………………………………………… ……on the………..day of……….. 19………..at……….a.m./p.m.6, being a date not earlier than 7 days from the date of this notice, and to seek an order pursuant to that section in relation to the said noise.
Dated this………..day of………., 19………. 7.
Signed……………………………………………….8
To………………………………
of……………………………… 2
The above-named defendant.
NOTES FOR COMPLETING THIS FORM
1. Insert name and address of person or local authority making complaint.
2. Insert name and address of person or body alleged to have made or have caused or have been responsible for the noise (see section 14 of the Act in regard to the service of notice).
3. *Delete as appropriate.
4. Insert details of the noise complained of —including location in the court area and district, nature, source, date, time, etc.
5. Delete whichever of these terms and conditions may not be appropriate in the case of the noise concerned.
6. Insert details of Court sitting concerned.
7. Insert date.
8. To be signed by the complainant, i.e. the local authoarity or person concerned.
NB The Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise.
DATED this 17th day of June, 1994.
JOHN BROWNE,
Minister of State at the Department of
the Environment.
EXPLANATORY NOTE.
These Regulations prescribe the form of notice to be served under section 108 of the Environmental Protection Agency Act, 1992 , by a local authority or a person who intends to make a complaint to the District Court, concerning a person who is alleged to have made, caused or been responsible for noise giving reasonable cause for annoyance.
The Regulations also provide that failure to comply with the requirements of a notice or a notice as amended, issued by a local authority under section 107 of the Act, may be prosecuted summarily by the local authority.
Environmental Noise Regulations 2006
S.I. No. 140 of 2006
Environmental Noise Regulations 2006
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: –
Citation
1 These Regulations may be cited as the Environmental Noise Regulations 2006.
Entry into Force
2 These Regulations shall come into operation on the 3rd day of April 2006.
Interpretation
3 (1) 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.
Objective and Scope
4 (1) 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.
National Authority
5 (1) 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.
Noise-Mapping Bodies
6 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.
Action Planning Authorities
7 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.
Noise Indicators
8 (1) 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.
Assessment Methods
9 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.
Strategic Noise Maps
10 (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.
Action Plans
11 (1) 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.
Access to Information
12 (1) 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.
Reporting
13 (1) 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.
FIRST SCHEDULE
NOISE INDICATORS
Part I
Definition of the day-evening-night level Lden.
The day-evening-night level Lden in decibels (dB) is defined by the following formula:
/images/en.si.2006.0140.0001.jpg
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.
Part II
Definition of the night-time noise indicator
The night-time noise indicator 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 night is eight hours as defined in Part 1,
– a year is a relevant year as regards the emission of sound and an average year as regards the meteorological circumstances, as defined in Part 1,
– the incident sound is considered, as laid down in Part 1,
– the assessment point is the same as for Lden.
Part III
Supplementary noise indicators
In some cases, in addition to Lden and Lnight, and where appropriate Lday and Levening, it may be advantageous to use special noise indicators. Some examples are:
– the noise source under consideration operates only for a small proportion of the time (for example, less than 20 % of the time over the total of the day periods in a year, the total of the evening periods in a year, or the total of the night periods in a year),
– the average number of noise events in one or more of the periods is very low (for example, less than one noise event an hour; a noise event could be defined as a noise that lasts less than five minutes; examples are the noise from a passing train or a passing aircraft),
– the low-frequency content of the noise is strong,
– LAmax, or SEL (sound exposure level) for night period protection in the case of noise peaks,
– extra protection at the weekend or a specific part of the year,
– extra protection of the day period,
– extra protection of the evening period,
– a combination of noises from different sources,
– quiet areas in open country,
– the noise contains strong tonal components,
– the noise has an impulsive character.
SECOND SCHEDULE
ASSESSMENT METHODS FOR THE NOISE INDICATORS
Part I
Introduction
The values of Lden and Lnight can be determined either by modelling or by measurement (at the assessment position). For predictions only computation is applicable.
Provisional computation and measurement methods are set out in Parts II and III.
Part II
Recommended Interim computation methods for Lden and Lnight
The following methods are recommended:
For INDUSTRIAL NOISE: ISO 9613-2: ‘Acoustics — Abatement of sound propagation outdoors, Part 2: General method of calculation’.
Suitable noise-emission data (input data) for this method can be obtained from measurements carried out in accordance with one of the following methods:
– ISO 8297: 1994 ‘Acoustics — Determination of sound power levels of multisource industrial plants for evaluation of sound pressure levels in the environment — Engineering method’,
– EN ISO 3744: 1995 ‘Acoustics — Determination of sound power levels of noise using sound pressure — Engineering method in an essentially free field over a reflecting plane’,
– EN ISO 3746: 1995 ‘Acoustics — Determination of sound power levels of noise sources using an enveloping measurement surface over a reflecting plane’.
For AIRCRAFT NOISE: ECAC.CEAC Doc. 29 ‘Report on Standard Method of Computing Noise Contours around Civil Airports’, 1997. Of the different approaches to the modelling of flight paths, the segmentation technique referred to in section 7.5 of ECAC.CEAC Doc. 29 will be used.
For ROAD TRAFFIC NOISE one of the following methods is recommended:
– the UK national computation method ‘Calculation of Road Traffic Noise (CRTN) Department of Transport – Welsh Office, HMSO, London, 1988. This method shall be adapted as set out in paragraph 2.1 of Annex II to the Directive.
– the French national computation method ‘NMPB-Routes-96 (SETRA-CERTU-LCPCCSTB)’ referred to in ‘Arrêté du 5 mai 1995 relatif au bruit des infrastructures routières, Journal Officiel du 10 mai 1995, Article 6’ and in the French standard ‘XPS 31-133’. For input data concerning emission, these documents refer to the ‘Guide du bruit des transports terrestres, fascicule prévision des niveaux sonores, CETUR 1980’.
For RAILWAY NOISE one of the following methods is recommended:
– the UK national computation method ‘Calculation of Rail Noise (CRN) Department of Transport, HMSO, London, 1995. This method shall be adapted as set out in paragraph 2.1 of Annex II to the Directive.
– the Netherlands national computation method published in ‘Reken- en Meetvoorschrift Railverkeerslawaai ‘96, Ministerie Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer, 20 November 1996’.
These methods must be adapted to the definitions of Lden and Lnight.
Part III
Interim measurement methods for Lden and Lnight
The measurement method may be defined on the basis of the definition of the indicator and the principles stated in ISO 1996-2: 1987 (Amd 1:1998) and ISO 1996-1:2002.
Measurement data in front of a façade or another reflecting element must be corrected to exclude the reflected contribution of this façade or element (as a general rule, this implies a 3 dB correction in case of measurement).
THIRD SCHEDULE
MINIMUM REQUIREMENTS FOR STRATEGIC NOISE MAPPING
1. A strategic noise map is the presentation of data on one of the following aspects:
– an existing, a previous or a predicted noise situation in terms of a noise indicator,
– the exceeding of a limit value,
– the estimated number of buildings, schools and hospitals in a certain area that are exposed to specific values of a noise indicator,
– the estimated number of people located in an area exposed to noise.
2. Strategic noise maps may be presented to the public as:
– graphical plots,
– numerical data in tables,
– numerical data in electronic form.
3. Strategic noise maps for agglomerations shall put a special emphasis on the noise emitted by:
– road traffic,
– rail traffic,
– airports,
– industrial activity sites, including ports.
4. Strategic noise mapping will be used for the following purposes:
– the provision of the data to be sent to the Commission in accordance with article 5(4) and the Fifth Schedule,
– a source of information for the general public in accordance with article 12,
– a basis for action plans in accordance with article 11(3).
Each of those applications requires a different type of strategic noise map.
5. Minimum requirements for the strategic noise maps concerning the data to be sent to the Commission are set out in paragraphs 1.5, 1.6, 2.5, 2.6 and 2.7 of the Fifth Schedule.
6. For the purposes of informing the general public in accordance with article 12 and the development of action plans in accordance with article 11(3), additional and more detailed information must be given, such as:
– a graphical presentation,
– maps disclosing the exceeding of a limit value,
– difference maps, in which the existing situation is compared with various possible future situations,
– maps showing the value of a noise indicator at a height other than 4 m where appropriate.
The Agency may lay down rules on the types and formats of these noise maps.
7. Strategic noise maps for local or national application must be made for an assessment height of 4 m and the 5 dB ranges of Lden and Lnight as required in the Fifth Schedule.
8. For agglomerations separate strategic noise maps must be made for road-traffic noise, rail-traffic noise, aircraft noise and industrial noise. Maps for other sources may be added.
FOURTH SCHEDULE
MINIMUM REQUIREMENTS FOR ACTION PLANS
1. An action plan must at least include the following elements:
– a description of the agglomeration, the major roads, the major railways or major airports and other noise sources taken into account,
– the authority responsible,
– the legal context,
– any statutory limit values in place,
– a summary of the results of the noise mapping,
– an evaluation of the estimated number of people exposed to noise identification of problems and situations that need to be improved,
– a record of the public consultations organised in accordance with article 11(6),
– any noise-reduction measures already in force and any projects in preparation,
– actions which the action planning authorities intend to take in the next five years, including any measures to preserve quiet areas,
– long-term strategy,
– financial information (if available): budgets, cost-effectiveness assessment cost-benefit assessment,
– provisions envisaged for evaluating the implementation and the results of the action plan.
2. The actions which the action planning authorities intend to take in the fields within their competence may for example include:
– traffic planning,
– land-use planning,
– technical measures at noise sources,
– selection of quieter sources,
– reduction of sound transmission,
– regulatory or economic measures or incentives.
3. Each action plan should contain estimates in terms of the reduction of the number of people affected (annoyed, sleep disturbed, or other).
FIFTH SCHEDULE
DATA TO BE SENT TO THE COMMISSION
The data to be sent to the Commission are as follows:
1. For agglomerations
1.1 A concise description of the agglomeration: location, size, number of inhabitants.
1.2 The responsible authority.
1.3 Noise-control programmes that have been carried out in the past and noise-control measures in place.
1.4 The computation or measurement methods that have been used.
1.5 The estimated number of people (in hundreds) living in buildings that are exposed to each of the following bands of values of Lden in dB 4 m above the ground on the most exposed facade: 55-59, 60-64, 65-69, 70-74, > 75 separately for noise from road, rail and air traffic, and from industrial sources. The figures must be rounded to the nearest hundred (e.g. 5 200 = between 5 150 and 5 249; 100 = between 50 and 149; 0 = less than 50).
In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in buildings that have:
– special insulation against the noise in question, meaning special insulation of a building against one or more types of environmental noise, combined with such ventilation or air conditioning facilities that high values of insulation against environmental noise can be maintained,
– a quiet façade, meaning the façade of a building at which the value of Lden four metres above the ground and two metres in front of the façade, for the noise emitted from a specific source, is more than 20 dB lower than at the façade having the highest value of Lden.
An indication should also be given on how major roads, major railways and major airports as defined in Article 3 of the Directive contribute to the above.
1.6 The estimated total number of people (in hundreds) living in buildings that are exposed to each of the following bands of values of Lnight in dB 4 m above the ground on the most exposed façade: 50-54, 55-59, 60-64, 65-69, > 70 separately for road, rail and air traffic and for industrial sources. These data may also be assessed for value band 45-49 before the date laid down in Article 11(1) of the Directive.
In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in buildings that have:
– special insulation against the noise in question, as defined in paragraph 1.5,
– a quiet façade, as defined in paragraph 1.5.
It must also be indicated how major roads, major railways and major airports contribute to the above.
1.7 In case of graphical presentation, strategic maps must at least show the 60, 65 70 and 75 dB contours.
1.8 A summary of the action plan covering all the important aspects referred to in the Fourth Schedule, not exceeding ten pages in length.
2. For major roads, major railways and major airports
2.1 A general description of the roads, railways or airports: location, size, and data on the traffic.
2.2 A characterisation of their surroundings: agglomerations, villages, countryside or otherwise, information on land use, other major noise sources.
2.3 Noise-control programmes that have been carried out in the past and noise-control measures in place.
2.4 The computation or measurement methods that have been used.
2.5 The estimated total number of people (in hundreds) living outside agglomerations in buildings that are exposed to each of the following bands of values of Lden in dB 4 m above the ground and on the most exposed façade: 55-59 60-64, 65-69, 70-74, > 75.
In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in buildings that have:
– special insulation against the noise in question, as defined in paragraph 1.5,
– a quiet façade, as defined in paragraph 1.5.
2.6 The estimated total number of people (in hundreds) living outside agglomerations in buildings that are exposed to each of the following bands of values of Lnight in dB 4 m above the ground and on the most exposed façade: 50-54, 55-59, 60-64, 65-69, > 70. These data may also be assessed for value band 45-49 before the date laid down in Article 11(1) of the Directive.
In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in buildings that have:
– special insulation against the noise in question, as defined in paragraph 1.5,
– a quiet façade, as defined in paragraph 1.5.
2.7 The total area (in km2) exposed to values of Lden higher than 55, 65 and 75 dB respectively. The estimated total number of buildings (in hundreds) and the estimated total number of people (in hundreds) living in each of these areas must also be given. Those figures must include agglomerations. The 55 and 65 dB contours must also be shown on one or more maps that give information on the location of villages, towns and agglomerations within those contours.
2.8 A summary of the action plan covering all the important aspects referred to in the Fourth Schedule, not exceeding ten pages in length.
Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this 29th day of March 2006.
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DICK ROCHE
______________________
Minister for the Environment, Heritage and Local Government.
Explanatory Note
(This note is not part of the instrument and does not purport to be a legal interpretation)
These Regulations transpose EU Directive 2002/49/EC relating to the assessment and management of environmental noise. The Directive aims to provide a common framework to avoid, prevent or reduce, on a prioritised basis, the harmful effects of exposure to environmental noise.
For the purposes of these Regulations, 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 prevention and control. Types of noise not included are noise that is caused by the exposed person, noise from domestic activities, noise created by neighbours, noise at workplaces or noise inside means of transport or due to military activities in military areas.
The Regulations set out a two-stage process for addressing environmental noise. Firstly, noise must be assessed through the preparation of strategic noise maps for areas and infrastructure falling within defined criteria, e.g. large agglomerations major roads, railways and airports. Secondly, based on the results of the mapping process, the Regulations require the preparation of noise action plans for each area concerned. The fundamental objective of action plans is the prevention and reduction of environmental noise.
The two-stage process will be implemented in two phases; the first phase involving the areas identified in article 9(1) of the Regulations and the second phase involving the areas identified in article 9(2).
The Regulations designate noise-mapping bodies and action planning authorities for the making of strategic noise maps and action plans. Primary responsibility for both noise mapping and action planning is assigned to local authorities. While a number of other bodies also have noise mapping functions, they will be carried out on behalf of the local authorities concerned.
The Regulations designate the Environmental Protection Agency as the National Authority for the purposes of the Regulations. The Agency’s role includes supervisory, advisory and coordination functions in relation to both noise mapping and action planning, as well as reporting requirements for the purpose of the Directive.
The Regulations provide for strategic noise maps and action plans to be made available to the general public. They also provide for public consultation on proposed action plans, and for the results of public consultation to be taken into account in finalising action plans or reviews of action plans.
1 O.J. No. L189/12 of 18 July 2002.
2 O.J. No. L 257 of 10 October 1996, p. 26.
European Communities (Environmental Noise) Regulations 2018
“Iris Oifigiúil” of 25th December, 2018.
I, RICHARD BRUTON, Minister for Communications, Climate Action and the Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive (EC) 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise1 , as amended by Commission Directive (EU) 2015/996 of 19 May 2015 establishing common noise assessment methods2 hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the European Communities (Environmental Noise) Regulations 2018.
(2) These Regulations shall come into operation on the 31 December 2018.
Interpretation
2. (1) In these Regulations—
“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 Regulation 7;
“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 area specified in Part 1 of the Sixth Schedule to these Regulations;
“agglomeration of Dublin” means the area specified in Part 2 of the Sixth Schedule to these Regulations;
“agglomeration of Limerick” means the area specified in Part 3 of the Sixth Schedule to these Regulations;
“airport authority” means an airport authority established under section 6 of the State Airports Act 2004 (No. 32 of 2004), as amended by the State Airports (Shannon Group) Act 2014 (No. 27 of 2014);
“Annex” means the Annex to Commission Directive (EU) 2015/996;
“Commission” means the Commission of the European Union;
“Commission Directive” means the Commission Directive (EU) 2015/996 establishing common noise assessment methods;
“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 the categories of activities specified in Annex I to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2014 on industrial emissions (integrated pollution prevention and control) (Recast)3 ;
“European act” means an act adopted by an institution of the European Union or an institution of the European Communities;
“Iarnród Éireann” means the company charged with the management, operation and development of Ireland’s rail network under the Transport (Re-organisation of Córas Iompair Éireann) Act 1986 (No. 31 of 1986);
Iarnród Éireann” means the company charged with the management, operation and development of Ireland’s rail network under the Transport (Re-organisation of Córas Iompair 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 public road as defined in the Roads Act 1993 , as amended, which has more than 3 million vehicle passages per year;
“major railway” means a railway 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;
“Minister” means the Minister for Communications, Climate Action and the Environment;
“national authority” has the meaning assigned by Regulation 5;
“National Roads Authority” means the body established under section 16 of the Roads Act 1993 (No. 14 of 1993);
“noise-mapping” means 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 Regulation 6;
“quiet area in an agglomeration” shall be construed in accordance with Regulation 10(1);
“quiet area in open country” shall be construed in accordance with Regulation10(2);
“road authority” has the meaning assigned by the Roads Act 1993 (No. 14 of 1993); and
“strategic noise map” means a map designed for the assessment of noise exposure in a given area.
3. (a) A reference in these Regulations to a numbered Article is a reference to the Article so numbered in the Directive.
(b) A reference to a Schedule which is not otherwise identified is a reference to a Schedule to these Regulations.
(c) A letter, word, expression or symbol which is used in these Regulations and is also used in the Directive or the Commission Directive shall have in these Regulations the same meaning as it has in the Directive or the Commission Directive unless the contrary intention appears.
(d) A reference to a standard shall mean the use or application of the most recent revision of that standard.
Objective and Scope
4. (1) These Regulations provide for the implementation in Ireland of a common approach within the European Union 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—
(a) caused by the person exposed to the noise;
(b) noise from domestic activities;
(c) noise created by neighbours;
(d) noise at work places;
(e) noise inside means of transport; or
(f) noise due to military activities in military areas.
(4) The common assessment methods contained in the Annex shall be used for the purpose of other EU legislation where that legislation refers to Annex II to Directive 2002/49/EC whether as replaced by the Annex to the Commission Directive or otherwise.
National Authority
5. (1) The Environmental Protection Agency is 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 local authorities to whom noise-mapping functions are assigned in Regulation 6 and to whom action planning functions are assigned in Regulation 7.
(4) The requirement to provide action plans on specified dates as set out in Regulation 12 is a statutory function of an action planning authority in relation to environmental protection for the purposes of section 63 of the Act.
(5) The Agency shall submit to the Commission the information required by Article 10(2) of the Directive.
Noise-Mapping Bodies
6. The following shall be designated noise-mapping bodies for the purpose of making and approving strategic noise maps—
(a) for the agglomeration of Dublin, Dublin City Council and the County Councils of Dun Laoghaire/Rathdown, Fingal and South Dublin;
(b) for the agglomeration of Cork, Cork City Council and Cork County Council;
(c) for the agglomeration of Limerick, Limerick City Council and the County Councils of Limerick and Clare;
(d) for major railways, Iarnród Éireann or the National Roads Authority, as appropriate, on behalf of the action planning authority or authorities concerned;
(e) 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 referred to in sub-paragraph (i), the relevant road authority or authorities, as appropriate; and
(f) for major airports, the relevant airport authority, on behalf of the action planning authority or authorities concerned.
Action Planning Authorities
7. 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 the agglomeration of Limerick, Limerick City Council and the County Councils of Limerick and Clare;
(d) for major railways, the local authority or local authorities within whose functional area or areas the railway is located;
(e) for major roads, the relevant local authority or local authorities within whose functional area or areas the road is located; and
(f) for major airports, the local authority or local authorities within whose functional area the airport is located.
Noise Indicators
8. (1) 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 Regulation 11.
(2)(a) 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.
(3) Subject to approval by the Agency, supplementary noise indicators may be used in special circumstances, including those set out in Part III of the First Schedule.
Assessment Methods
9. (1) Noise mapping bodies shall use the common assessment methods contained in the Annex.
(2) Harmful effects may be assessed in accordance with the Second Schedule.
Quiet areas
10. (1) An action planning authority may following consultation with the Agency and with the approval of the Minister delimit quiet areas in agglomerations where particular requirements on exposure to environmental noise shall apply, as determined by the Agency
(2) An action planning authority may following consultation with the Agency and with the approval of the Minister delimit quiet areas in open country that are undisturbed by noise from traffic, industry or recreational activities.
Strategic Noise Maps
11. (1) The noise-mapping body or bodies concerned shall, no later than 30 June 2022, make or review the strategic noise map, or revised strategic noise map, as appropriate, for each of the following areas, in respect of the calendar year 2021:—
(a)(i) the agglomeration of Cork;
(ii) the agglomeration of Dublin;
(iii) the agglomeration of Limerick;
(b) a major road;
(c) a major railway; and
(d) a major airport.
(2) Strategic noise maps or revised strategic noise maps shall satisfy the minimum requirements set out in the Third Schedule.
(3) Noise-mapping bodies shall co-operate, as appropriate, with their counterparts in neighbouring Member States of the European Union with regard to the strategic noise mapping of border areas.
(4) 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.
(5) Noise-mapping bodies shall provide the Agency with information required for the purposes of Regulation 5(5) no later than one month after the date on which a map or revised map is made.
Action Plans
12. (1) The action planning authority or authorities concerned shall, no later than 18 July 2023, following consultation with the Agency, make or review the action plan, or revised action plan, if appropriate, for each of the following areas—
(a)(i) the agglomeration of Cork;
(ii) the agglomeration of Dublin;
(iii) the agglomeration of Limerick;
(b) places near a major road;
(c) places near a major railway; and
(d) places near a major airport.
(2)(a) Subject to prior consultation with the Agency and to subparagraph (b), the action planning authority or authorities concerned, as the case may be, shall determine the measures to be included in an action plan or a revision of an action plan.
(b) Each action plan or revision of an 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 subparagraph (3), and
(ii) shall, in the first instance, address the most important area or areas, as the case may be, established by strategic noise mapping.
(3)(a) 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, to be applied in the revision of action plans and shall, no later than 18 July 2023, notify the Minister and the Minister of Transport, Sport and Tourism of such criteria.
(b) The Agency shall notify the Commission of any additions or changes to such criteria.
(4) An action plan or a review of an action plan shall—
(a) include an assessment against the minimum requirements set out in the Fourth Schedule, and
(b) have as its objective that of also protecting quiet areas in an agglomeration and quiet areas in open country.
(5) Action planning authorities shall ensure that—
(a) the public are consulted on action plans, reviews and revisions of action plans;
(b) the public are given early and effective opportunities to participate in the making or revisions of action plans;
(c) the results of public participation are taken into account in finalising action plans or revisions of action plans;
(d) the public are informed of the decisions taken in relation to action plans and revisions of action plans;
(e) reasonable time-frames are adopted to allow sufficient time for each stage of public participation.
(6) If the obligation to carry out a public participation procedure arises simultaneously from this Directive and any other European act, action planning authorities may provide for joint procedures in order to avoid duplication.
(7)(a) Action planning authorities shall be responsible for the making of action plans and 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, or
(ii) if requested by the Agency
(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 Union with regard to the making or review of action plans for border areas.
(9) Action planning authorities shall ensure that, for the purpose of Regulation 5(5), 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.
(10) From 18 July 2019 Action planning authorities shall report to the Agency on all actions taken under each action plan or revised action plan in the previous 12 months.
Access to Information
13. (1) 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 2007 ( S.I. No. 133 of 2007 ), as amended, make strategic noise maps and revised strategic noise maps and, action plans and revised 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, action plans and revised action plans shall be clear, comprehensive and accessible, and shall include a summary of the most important points.
(3) Strategic noise maps, revised strategic noise-maps, action plans and revised action plans shall be made available to the public no later than one month after the date on which they are made.
Reporting
14. (1) The Agency shall furnish the Commission with information from strategic noise maps and summaries of action plans as referred to in the Fifth Schedule within six months of the dates set out in Regulations 11 and 12.
(2) The Agency, following consultation with noise-mapping bodies, action planning authorities and the Minister, shall, no later than 30 June 2020, and not later than every five years thereafter, notify the Commission of all agglomerations, all major roads, all major railways and airports within the territory of the State.
Revocation
15. The Environmental Noise Regulations 2006 ( S.I. No. 140 of 2006 ) are revoked.
FIRST SCHEDULE
NOISE INDICATORS
Part I
Definition of the day-evening-night level Lden.
The day-evening-night level Ldenin decibels (dB) is defined by the following formula:
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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 Agencys 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 Ldenassessment 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.
Part II
Definition of the night-time noise indicator
The night-time noise indicator Lnightis 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 night is eight hours as defined in Part 1,
— a year is a relevant year as regards the emission of sound and an average year as regards the meteorological circumstances, as defined in Part 1,
— the incident sound is considered, as laid down in Part 1,
— the assessment point is the same as for Lden.
Part III
Supplementary noise indicators
In some cases, in addition to Ldenand Lnight, and where appropriate Ldayand Levening, it may be advantageous to use special noise indicators. Some examples are:
— the noise source under consideration operates only for a small proportion of the time (for example, less than 20 % of the time over the total of the day periods in a year, the total of the evening periods in a year, or the total of the night periods in a year),
— the average number of noise events in one or more of the periods is very low (for example, less than one noise event an hour; a noise event could be defined as a noise that lasts less than five minutes; examples are the noise from a passing train or a passing aircraft),
— the low-frequency content of the noise is strong,
— LAmax, or SEL (sound exposure level) for night period protection in the case of noise peaks,
— extra protection at the weekend or a specific part of the year,
— extra protection of the day period,
— extra protection of the evening period,
— a combination of noises from different sources,
— quiet areas in open country,
— the noise contains strong tonal components,
— the noise has an impulsive character.
SECOND SCHEDULE
ASSESSMENT METHODS FOR HARMFUL EFFECTS
Dose-effect relations should be used to assess the effect of noise on populations. The dose-effect relations introduced by future revisions of Annex III of the Directive in accordance with Article 13(2) will concern in particular:
— the relation between annoyance and Lden for road, rail and air traffic noise, and for industrial noise,
— the relation between sleep disturbance and Lnight for road, rail and air traffic noise, and for industrial noise.
If necessary, specific dose-effect relations could be presented for:
— dwellings with special insulation against noise as defined in fifth Schedule,
— dwellings with a quiet façade as defined in fifth Schedule,
— different climates/different cultures,
— vulnerable groups of the population,
— tonal industrial noise,
— impulsive industrial noise and other special cases.
THIRD SCHEDULE
MINIMUM REQUIREMENTS FOR STRATEGIC NOISE MAPPING
1. A strategic noise map is the presentation of data on one of the following aspects:
— an existing, a previous or a predicted noise situation in terms of a noise indicator,
— the exceeding of a limit value,
— the estimated number of buildings, schools and hospitals in a certain area that are exposed to specific values of a noise indicator,
— the estimated number of people located in an area exposed to noise.
2. Strategic noise maps may be presented to the public as:
— graphical plots,
— numerical data in tables,
— numerical data in electronic form.
3. Strategic noise maps for agglomerations shall put a special emphasis on the noise emitted by:
— road traffic,
— rail traffic,
— airports,
— industrial activity sites, including ports.
4. Strategic noise mapping will be used for the following purposes:
— the provision of the data to be sent to the Commission in accordance with Regulation 5(4) and the Fifth Schedule
— a source of information for the general public in accordance with Regulation 13,
— a basis for action plans in accordance with Regulation 12.
Each of those applications requires a different type of strategic noise map.
5. Minimum requirements for the strategic noise maps concerning the data to be sent to the Commission are set out in paragraphs 1.5, 1.6, 2.5, 2.6 and 2.7 of the Fifth Schedule.
6. For the purposes of informing the general public in accordance with Regulation 13 and the development of action plans in accordance with Regulation 12, additional and more detailed information must be given, such as:
— a graphical presentation,
— maps disclosing the exceeding of a limit value,
— difference maps, in which the existing situation is compared with various possible future situations,
— maps showing the value of a noise indicator at a height other than 4 m where appropriate.
The Agency may lay down rules on the types and formats of these noise maps.
7. Strategic noise maps for local or national application must be made for an assessment height of 4 m and the 5 dB ranges of Lden and Lnight as required in the Fifth Schedule.
8. For agglomerations separate strategic noise maps must be made for road-traffic noise, rail-traffic noise, aircraft noise and industrial noise. Maps for other sources may be added.
FOURTH SCHEDULE
MINIMUM REQUIREMENTS FOR ACTION PLANS
1. An action plan must at least include the following elements:
— a description of the agglomeration, the major roads, the major railways or major airports and other noise sources taken into account,
— the authority responsible,
— the legal context,
— any statutory limit values in place,
— a summary of the results of the noise mapping,
— an evaluation of the estimated number of people exposed to noise identification of problems and situations that need to be improved,
— a record of the public consultations organised in accordance with Regulation 12(5),
— any noise-reduction measures already in force and any projects in preparation,
— actions which the action planning authorities intend to take in the next five years, including any measures to preserve quiet areas,
— long-term strategy,
— financial information (if available): budgets, cost-effectiveness assessment cost-benefit assessment,
— provisions envisaged for evaluating the implementation and the results of the action plan.
2. The actions which the action planning authorities intend to take in the fields within their competence may for example include:
— traffic planning,
— land-use planning,
— technical measures at noise sources,
— selection of quieter sources,
— reduction of sound transmission,
— regulatory or economic measures or incentives.
3. Each action plan should contain estimates in terms of the reduction of the number of people affected (annoyed, sleep disturbed, or other).
FIFTH SCHEDULE
DATA TO BE SENT TO THE COMMISSION
The data to be sent to the Commission are as follows:
1. For agglomerations
1.1 A concise description of the agglomeration: location, size, number of inhabitants.
1.2 The responsible authority.
1.3 Noise-control programmes that have been carried out in the past and noise-control measures in place.
1.4 The computation or measurement methods that have been used.
1.5 The estimated number of people (in hundreds) living in buildings that are exposed to each of the following bands of values of Ldenin dB 4 m above the ground on the most exposed facade: 55-59, 60-64, 65-69, 70-74, > 75 separately for noise from road, rail and air traffic, and from industrial sources. The figures must be rounded to the nearest hundred (e.g. 5 200 = between 5 150 and 5 249; 100 = between 50 and 149; 0 = less than 50).
In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in buildings that have:
— special insulation against the noise in question, meaning special insulation of a building against one or more types of environmental noise, combined with such ventilation or air conditioning facilities that high values of insulation against environmental noise can be maintained,
— a quiet façade, meaning the façade of a building at which the value of Ldenfour metres above the ground and two metres in front of the façade, for the noise emitted from a specific source, is more than 20 dB lower than at the façade having the highest value of Lden.
An indication should also be given on how major roads, major railways and major airports as defined in Article 3 of the Directive contribute to the above.
1. 6 The estimated total number of people (in hundreds) living in buildings that are exposed to each of the following bands of values of Lnightin dB 4 m above the ground on the most exposed façade: 50-54, 55-59, 60-64, 65-69, > 70 separately for road, rail and air traffic and for industrial sources. These data may also be assessed for value band 45-49 before the date laid down in Article 11(1) of the Directive.
In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in buildings that have:
— special insulation against the noise in question, as defined in paragraph 1.5,
— a quiet façade, as defined in paragraph 1.5.
It must also be indicated how major roads, major railways and major airports contribute to the above.
1.7 In case of graphical presentation, strategic maps must at least show the 60, 65, 70 and 75 dB contours.
1.8 A summary of the action plan covering all the important aspects referred to in the Fourth Schedule, not exceeding ten pages in length.
2. For major roads, major railways and major airports
2.1 A general description of the roads, railways or airports: location, size, and data on the traffic.
2.2 A characterisation of their surroundings: agglomerations, villages, countryside or otherwise, information on land use, other major noise sources.
2.3 Noise-control programmes that have been carried out in the past and noise-control measures in place.
2.4 The computation or measurement methods that have been used.
2.5 The estimated total number of people (in hundreds) living outside agglomerations in buildings that are exposed to each of the following bands of values of Ldenin dB 4 m above the ground and on the most exposed façade: 55-59, 60-64, 65-69, 70-74, > 75.
In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in buildings that have:
— special insulation against the noise in question, as defined in paragraph 1.5,
— a quiet façade, as defined in paragraph 1.5.
2.6 The estimated total number of people (in hundreds) living outside agglomerations in buildings that are exposed to each of the following bands of values of Lnightin dB 4 m above the ground and on the most exposed façade: 50-54, 55-59, 60-64, 65-69, > 70. These data may also be assessed for value band 45-49 before the date laid down in Article 11(1) of the Directive.
In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in buildings that have:
— special insulation against the noise in question, as defined in paragraph 1.5,
— a quiet façade, as defined in paragraph 1.5.
2.7 The total area (in km2) exposed to values of Ldenhigher than 55, 65 and 75 dB respectively. The estimated total number of buildings (in hundreds) and the estimated total number of people (in hundreds) living in each of these areas must also be given. Those figures must include agglomerations. The 55 and 65 dB contours must also be shown on one or more maps that give information on the location of villages, towns and agglomerations within those contours.
2.8 A summary of the action plan covering all the important aspects referred to in the Fourth Schedule, not exceeding ten pages in length.
SIXTH SCHEDULE
AGGLOMERATIONS
Part 1 Agglomeration of Cork
The “agglomeration of Cork” means the county borough of Cork together with the included areas of the administrative county of Cork. The included areas of the administrative county of Cork are:—
1. The District Electoral Divisions of:—
Ballincollig
Douglas
Inishkenny
Lehenagh
Rathcooney.
2. That part of the District Electoral Divisions of Bishopstown and St. Marys not within the county borough of Cork.
Part 2 Agglomeration of Dublin
The “agglomeration of Dublin” means
The city of Dublin.
The county of Dún Laoghaire-Rathdown.
The county of Fingal.
The county of South Dublin.
The excluded areas of Dún Laoghaire-Rathdown are as follows:
1. The District Electoral Division of Tibradden.
2. That part of the District Electoral Division of Glencullen situated west of an imaginary line drawn as follows:
Commencing at the junction of Slate Cabin Lane and Woodside Road, thence in a south-easterly direction and proceeding along Woodside Road and Ballyedmonduff Road to the county boundary at Glencullen Bridge.
Part 3 Agglomeration of Limerick
The “agglomeration of Limerick” means the city of Limerick together with the included areas in the county of Limerick and the included areas inthe county of Clare.
The included areas in the county of Limerick are:-The Electoral Divisions of:-
Ballycummin
Limerick South Rural
In the Electoral Division of Ballysimon, the townlands of:-
Ballybrennan
Ballysimon
Ballysimon (Dickson)
Ballysimon (Staunton)
Ballysimon Commons
Coolyhenan
Drombanny
Dromroe
Garryglass
Kilbane
Killonan
Knockananty
Milltown
Newcastle
Newtown
Peafield
Sreelane
Towlerton
In the Electoral Division of Ballyvarra, the townlands of:-
Ballyclogh
Casteltroy
Garraun
Garraunykee
Rivers
Woodstown
In the Electoral Division of Roxborough, the townlands of:-
Bohereen
Ballyclogh
Ballysheedy West
Derrybeg
Derryknockane
Rathurd
Rootiagh
Routagh
Roxborough
The included areas in the county of Clare are:-
The Electoral Division of Ballyglass.
In the Electoral Division of Cappavilla, the townlands of:-
Clooncarhy
Derryfada
Garraun
Gilloge
Strawickeen
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GIVEN under the Official Seal of the Minister for Communications, Climate Action and the Environment,
14 December 2018.
RICHARD BRUTON,
Minister for Communications, Climate Action and the Environment.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation)
These Regulations replace Environmental Noise Regulations 2006 ( S.I. No. 140 of 2006 ). They transpose EU Directive 2002/49/EC4 relating to the assessment and management of environmental noise as amended by Commission Directive (EU) 2015/9965 establishing common noise assessment methods and replacing Annex II of EU Directive 2002/49. The EU Directive aims to provide a common framework to avoid, prevent or reduce, on a prioritised basis, the harmful effects of exposure to environmental noise. For the purposes of these Regulations, 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/EC6 concerning integrated pollution prevention and control. The types of noise not included are noise that is caused by the exposed person, noise from domestic activities, noise created by neighbours, noise at workplaces or noise inside means of transport or due to military activities in military areas.
4 OJ L 189, 18.7.2002, p. 12 — 25.
5 OJ L 168, 1.7.2015, p 1 — 823.
6 O.J. No. L 257 of 10.10.1996, p. 26 — 40.
The Regulations set out a two-stage process for addressing environmental noise. Firstly, noise must be assessed through the preparation of strategic noise maps for areas and infrastructure falling within defined criteria, e.g. large agglomerations major roads, railways and airports. Secondly, based on the results of the mapping process, the Regulations require the preparation of noise action plans for each area concerned. Every five years from the data of preparation of the noise maps and action plans, and whenever there is a major development affecting noise, the maps and plans are required to be reviewed and revised, if necessary. The fundamental objective of action plans is the prevention and reduction of environmental noise.
The Regulations designate noise-mapping bodies and action planning authorities for the making and reviewing of strategic noise maps and action plans. Primary responsibility for both noise mapping and action planning is assigned to local authorities. While a number of other bodies also have noise mapping functions, they will be carried out on behalf of the local authorities concerned.
The Regulations designate the Environmental Protection Agency as the National Authority for the purposes of the Regulations. The Agencys role includes supervisory, advisory and coordination functions in relation to both noise mapping and action planning, as well as reporting requirements for the purpose of the Directive.
The Regulations provide for strategic noise maps and action plans and revised noise maps and action plans to be made available to the general public. They also provide for public consultation on proposed action plans and the review of action plans, and for the results of public consultation to be taken into account in finalising action plans or reviews of action plans.
1 OJ L 189, 18.7.2002, p. 12 — 25.
2 OJ L 168, 1.7.2015, p 1 — 823.
3 O.J. No. L.334 of 17.12., pp. 17 — 119
4 OJ L 189, 18.7.2002, p. 12 — 25.
5 OJ L 168, 1.7.2015, p 1 — 823.
6 O.J. No. L 257 of 10.10.1996, p. 26 — 40.
S.I. No. 663/2021 –
European Communities (Environmental Noise) (Amendment) Regulations 2021
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No.27 of 1972) and for the purpose of giving further effect to Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise1 , as amended by Commission Directive (EU) 2020/367 establishing assessment methods for harmful effects of environmental noise2 and Commission Delegated Directive (EU) 2021/1226 establishing common noise assessment methods3 and for the purposes of giving full effect to Directive 2002/49/EC as amended by EU Regulation 2019/10104 and the associated Commission Implementing Decision (EU) 2021/19675 establishing alignment of reporting obligations in the field of legislation related to the environment, hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Communities (Environmental Noise) (Amendment) Regulations 2021.
Commencement
2. These Regulations shall come into operation on 31 December 2021.
Interpretation
3. In these Regulations –
“Principal Regulations” means the European Communities (Environmental Noise) Regulation 2018 ( S.I. No. 549 of 2018 ).
Amendment of Regulation 2 “Interpretation” of the Principal Regulations
4. Regulation 2(1) is amended –
(a) In the definition of “Annex” by substituting “Annex II to Commission Directive (EU) 2002/49/EC, as amended” for “Annex to Commission Directive (EU) 2015/996”, and
(b) By adding: “data repository” means an information system, managed by the European Environment Agency, containing environmental noise information and data made available through national data reporting and exchange nodes under the control of the Member States.
Amendment of Regulation 9 “Assessment Methods” of the Principal Regulations
5. Regulation 9 (2) is replaced with the following: Noise-Mapping bodies shall calculate harmful effects in accordance with the Second Schedule. The Action Planning Authorities shall estimate the expected reduction in the harmful effects of noise exposure to the population as a result of the mitigation measures contained in their Noise Action Plans.
Amendment of Regulation 12 “Action Plans” of the Principal Regulations
6. Regulations 12(1) and 12(3)(a) are amended by the substitution of “2024” for “2023” in each place that it occurs.
Amendment of Regulation 13 “Access to Information” of the Principal Regulations
7. Regulation 13 is replaced with the following: Noise-mapping bodies and action planning authorities shall, in accordance with relevant Union legislative acts, in particular, Directives 2003/4/EC and 2007/2/EC of the European Parliament and of the Council, and in conformity with the Third and Fourth Schedule to the Principal Directive, the provisions of the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007 ), as amended, make strategic noise maps and revised strategic noise maps and, action plans and revised action plans available to the public and disseminate them by any appropriate means, including through the use of available information technologies.
Amendment of Regulation 14 “Reporting” of the Principal Regulations
8. Regulation 14 (1) is replaced with the following: The Agency shall furnish the Commission with information from strategic noise maps and summaries of action plans as referred to in the Fifth Schedule and in the Annex to Commission Implementing Decision (EU) 2021/1967, within six months of the dates set out in Regulation 11 and 12. For that purpose, the Agency shall only report the information by electronic means to a mandatory data repository. In the event that the Agency wants to update information, it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository.
Amendment of Second Schedule “Assessment Methods for Harmful Effects” to the Principal Regulations
9. The Second Schedule to the Principal Regulations is replaced with the following:
ASSESSMENT METHODS FOR HARMFUL EFFECTS
1. Set of harmful effects
For the purposes of the assessment of harmful effects the following shall be considered:
— ischaemic heart disease (IHD) corresponding to codes BA40 to BA6Z of the international classification ICD-11 established by the World Health Organisation;
— high annoyance (HA);
— high sleep disturbance (HSD).
2. Calculation of harmful effects
The harmful effects shall be calculated by either of the following:
— the relative risk (RR) of a harmful effect defined as
/images/en.si.2021.0663.0001.jpg
— the absolute risk (AR) of a harmful effect defined as
/images/en.si.2021.0663.0002.jpg
2.1. Ischaemic Heart Disease (IHD)
For the calculation of the RR, with respect to the harmful effect of IHD and concerning the incidence rate (i), the following dose-effect relations shall be used:
/images/en.si.2021.0663.0003.jpg
for road noise.
2.2. High Annoyance (HA)
For the calculation of the AR, with respect to the harmful effect of HA the following dose-effect relations shall be used:
/images/en.si.2021.0663.0004.jpg
for road noise;
/images/en.si.2021.0663.0005.jpg
for railway noise;
/images/en.si.2021.0663.0006.jpg
for aircraft noise.
2.3. High Sleep Disturbance (HSD)
For the calculation of the AR, with respect to the harmful effect of HSD the following dose-effect relations shall be used:
/images/en.si.2021.0663.0007.jpg
for road noise;
/images/en.si.2021.0663.0008.jpg
for railway noise;
/images/en.si.2021.0663.0009.jpg
for aircraft noise.
3. Assessment of harmful effects
3.1. The exposure of the population shall be assessed independently for each noise source and harmful effect. Where the same people are simultaneously exposed to different noise sources, the harmful effects may -in general- not be cumulated. However, those effects may be compared to assess the relative importance of each noise.
3.2. Assessment for IHD
3.2.1. For IHD in the case of railway and aircraft noise, the population exposed above adequate Lden levels is estimated as subject to an increased risk of IHD, while the exact number N of cases of IHD cannot be calculated.
3.2.2. For IHD in the case of road noise, the proportion of cases of the specific harmful effect in the population exposed to a RR that is calculated to be caused by environmental noise is derived, for the noise source x (road), harmful effect y (IHD) and for the incidence i by:
/images/en.si.2021.0663.0010.jpg
Where:
— PAFx,y is the population attributable fraction,
— the set of j noise bands is made up of single bands spanning over a maximum of 5 dB (e.g.: 50-51 dB, 51-52 dB, 52-53 dB, etc. or 50-54 dB, 55-59 dB, 60-64 dB, etc.),
— pj is the proportion of the overall population P in the area assessed that is exposed to the j-th exposure band, which is associated with a given RR of a specific harmful effect RRj,x,y. The RRj,x,y is calculated using the formulas described in point 2 of this Schedule, calculated at the central value of each noise band (e.g.: depending on availability of data, at 50,5 dB for the noise band defined between 50-51 dB, or 52 dB for the noise band 50-54 dB).
3.2.3. For IHD in the case of road noise, the total number N of cases of IHD (people affected by the harmful effect y; number of attributable cases) due to the source x is then:
Nx,y = PAFx,y,i * Iy * P (Formula 11)
for road.
Where:
— PAFx,y,i is calculated for the incidence i,
— Iy is the incidence rate of IHD in the area under assessment, that can be obtained from statistics on health for the region or country where the area is,
— P is the total population of the area under assessment (the sum of the population in the different noise bands).
3.3. For HA and HSD in the case of road, railway and aircraft noise, the total number N of people affected by the harmful effect y (number of attributable cases) due to the source x, for each combination of noise source x (road, railway or aircraft source) and harmful effect y (HA, HSD), is then:
/images/en.si.2021.0663.0011.jpg
Where:
— ARx,y is the AR of the relevant harmful effect (HA, HSD), and is calculated using the formulas set out in point 2 of this Schedule, calculated at the central value of each noise band (e.g.: depending on availability of data, at 50,5 dB for the noise band defined between 50-51 dB, or 52 dB for the noise band 50-54 dB),
— nj is the number of people that is exposed to the j-th exposure band.
4. Future revisions
The dose-effect relations introduced by future revisions of this Schedule will concern in particular:
— the relation between annoyance and Lden for industrial noise,
— the relation between sleep disturbance and Lnight for industrial noise.
If necessary, specific dose-effect relations could be presented for:
— dwellings with special insulation against noise as defined in the Fifth Schedule,
— dwellings with a quiet façade as defined in the Fifth Schedule,
— different climates/different cultures,
— vulnerable groups of the population,
— tonal industrial noise,
— impulsive industrial noise and other special cases.
Amendment of Sixth Schedule “Agglomerations” to the Principal Regulations
10. The Sixth Schedule to the Principal Regulations is replaced with the following:
The “agglomeration of Cork” means the city of Cork together with the included areas of the administrative county of Cork.
The included areas of the administrative county of Cork are:-
The Electoral Divisions of:-
Ballincollig
Douglas
Inishkenny
Monkstown Urban
Monkstown Rural
Rathcooney
The excluded areas of the administrative county of Cork are:-
In the Electoral Division of Monkstown Rural, the townlands of:-
Ballyhemiken
Carrigaline
Raffeen
The “agglomeration of Dublin” means
The city of Dublin.
The county of Dún Laoghaire-Rathdown.
The county of Fingal.
The county of South Dublin.
The excluded area of Dún Laoghaire-Rathdown is as follows:
The Electoral Division of Tibradden
The included areas in the county of Kildare are:
The Electoral Division of: Leixlip
In the Electoral Division of Celbridge, the townlands of:
Aghards, Ballymakealy Lowe
Castletown, Celbridge
Celbridge Abbey, Oakleypark
Oldtown, Parsonstown
Rinawade Lower, Rinawade Upper
Thornill.
In the Electoral Division of Donaghcumper, the townlands of:
Backweston Park, Ballymadeer
Ballyoulster, Balscott
Celbridge Abbey, Commons
Commons Lower, Conetburrow
Coolfitch, Dangan
Donaghcumper, Elmhall
Kearneystown Lowe, Loughlinstown
Newtown, Simmonstown
St Wolstans, Stacumny
Stacumny Cottage, Straleek
The included areas in the county of Wicklow are:
The Electoral Divisions of:
Bray No. 1, Bray No. 2
Bray No. 3, Rathmichael (Bray)
In the Electoral Division of Kilmacanoge, the townlands of:
Ballymorros, Ballynamuddagh
Ballywaltrin, Bray Commons
Carrigoona Commons East, Fassaroe
Giltspur, Glencormick North
Glencormick South, Hollybrook
Irishtown, Kilbride
Kilcroney, Killarney
Kilmacanoge North,
Kilruddery Demesne East
Kilruddery Demesne West, Oldcourt
Springfield, Wingfield
The “agglomeration of Limerick” means the included areas in the county of Limerick and the included areas in the county of Clare.
The included areas in the county of Limerick are:-
The Electoral Divisions of:-
Abbey A, Abbey B, Abbey C, Abbey D,
Ballinacurra A, Ballinacurra B, Ballycummin, Ballynanty,
Castle A, Castle B, Castle C, Castle D, Coolraine, Custom House,
Dock A, Dock B, Dock C, Dock D
Farranshone,
Galvone A, Galvone B, Glentworth A, Glentworth B, Glentworth C
John’s A, John’s B, John’s C
Killeely A, Killeely B
Limerick North Rural, Limerick South Rural
Market
Prospect A, Prospect B
Rathbane,
Shannon A, Shannon B, Singland A, Singland B
St. Laurence
In the Electoral Division of Ballysimon, the townlands of:-
Ballybrennan, Ballysimon, Ballysimon (Dickson)
Ballysimon (Staunton), Ballysimon Commons Coolyhenan
Drombanny, Dromroe
Garryglass,
Kilbane, Killonan, Knockananty
Milltown, Newcastle, Newtown
Peafield,
Sreelane,
Towlerton
In the Electoral Division of Ballyvarra, the townlands of:-
Ballyclogh
Casteltroy
Garraun, Garraunykee
Rivers, Woodstown
In the Electoral Division of Roxborough, the townlands of:-
Bohereen, Ballyclogh, Ballysheedy West
Derrybeg, Derryknockane
Rathurd, Rootiagh, Routagh, Roxborough
The included areas in the county of Clare are:-
The Electoral Division of Ballyglass.
In the Electoral Division of Cappavilla, the townlands of:-
Clooncarhy
Derryfada
Garraun, Gilloge
Strawickeen
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GIVEN under my Official Seal,
1 December 2021.
EAMON RYAN
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation)
The purpose of these amending Regulations is to give further effect to the implementation of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 establishing a common framework to avoid, prevent or reduce, on a prioritised basis, the harmful effects of exposure to environmental noise.
The Regulations transpose EU Directive 2020/367 which amends Annex III to Directive 2002/49/EC as regards the establishment of dose-effect relations to be introduced by way of adaptations to technical and scientific progress. The Regulations also transpose Commission Delegated Directive (EU) 2021/1226, for the purposes of adapting to scientific and technical progress Annex II to Directive 2002/49/EC as regards the establishment of common noise assessment methods. The Regulations also transpose EU Regulation 2019/1010 and the associated Commission Implementing Decision (EU) 2021/1967, which develop a mandatory data repository and a mandatory digital information exchange mechanism to enable Member States to share information on strategic noise maps and noise action plans.
The Regulations also update agglomeration definitions in light of expansions in the urban landscape over the last 15 years.
The Regulations may be cited as the European Communities (Environmental Noise) (Amendment) Regulations 2021.
1 OJ L 189, 18.7.2002, p. 12-25.
2 OJ L 067, 5.3.2020, p. 132-136.
3 OJ L 269, 28.7.2021, p. 65-142.
4 OJ L 170, 25.6.2019, p. 115-127.
5 OJ L 400, 12.11.2021, p.160-195
Control of Dogs Act
Nuisance by barking dogs.
25.—(1) Where, on a complaint being made to the District Court by any person, it appears that a nuisance has been created as a result of excessive barking by a dog, the court may—
(a) order the occupier of the premises in which the dog is kept to abate the nuisance by exercising due control over the dog;
(b) make an order limiting for such period as may be specified in the order the number of dogs to be kept by the respondent on his premises;
(c) direct that the dog be delivered to a dog warden to be dealt with by him in accordance with the provisions of this Act as if the dog were an unwanted dog.
(2) Before any person makes a complaint to the District Court in relation to a nuisance caused by the excessive barking of a dog, he shall serve notice in the prescribed form, within such time as may be specified in the notice, of his intention to make such a complaint on the occupier of the premises in which the dog is kept.