S.I. No. 549/2018 - European Communities (Environmental Noise) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“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.

• (2) These Regulations shall come into operation on the 31 December 2018.

Interpretation

2.

“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.

• (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.

• (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.

• (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.

• (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.

• (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.

(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.

• (2) Harmful effects may be assessed in accordance with the Second Schedule.

Quiet areas

10.

• (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.

(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.

(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.

• (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.

• (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.

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:

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

— 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.

— graphical plots,

— numerical data in tables,

— numerical data in electronic form.

— road traffic,

— rail traffic,

— airports,

— industrial activity sites, including ports.

— 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.

— 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.

FOURTH SCHEDULE

MINIMUM REQUIREMENTS FOR ACTION PLANS

— 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.

— traffic planning,

— land-use planning,

— technical measures at noise sources,

— selection of quieter sources,

— reduction of sound transmission,

— regulatory or economic measures or incentives.

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.

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:—

Ballincollig

Douglas

Inishkenny

Lehenagh

Rathcooney.

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:

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:-	The included areas in the county of Limerick are:-The Electoral Divisions of:-	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:-	In the Electoral Division of Ballysimon, the townlands of:-	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:-	In the Electoral Division of Ballyvarra, the townlands of:-	In the Electoral Division of Ballyvarra, the townlands of:-
Ballyclogh	Casteltroy	Garraun
Garraunykee	Rivers	Woodstown
In the Electoral Division of Roxborough, the townlands of:-	In the Electoral Division of Roxborough, the townlands of:-	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 included areas in the county of Clare are:-	The included areas in the county of Clare are:-
The Electoral Division of Ballyglass.	The Electoral Division of Ballyglass.	The Electoral Division of Ballyglass.
In the Electoral Division of Cappavilla, the townlands of:-	In the Electoral Division of Cappavilla, the townlands of:-	In the Electoral Division of Cappavilla, the townlands of:-
Clooncarhy	Derryfada	Garraun
Gilloge	Strawickeen

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.

Footnotes