The Environmental Noise (Identification of Noise Sources) (Wales) Regulations 2007

Welsh Statutory Instruments

2007 No. 3519 (W.311)

ENVIRONMENTAL PROTECTION, WALES

The Environmental Noise (Identification of Noise Sources) (Wales) Regulations 2007

Made

13 December 2007

Laid before the National Assembly for Wales

17 December 2007

Coming into force

9 January 2008

The Welsh Ministers are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the assessment, management and control of environmental noise.

The Welsh Ministers make these Regulations in exercise of the powers conferred by that section.

Title, commencement and application

1.—(1) The title of these Regulations is The Environmental Noise (Identification of Noise Sources) (Wales) Regulations 2007.

(2) These Regulations come into force on 9 January 2008.

(3) These Regulations apply in relation to Wales

Interpretation

2.—(1) “Deposited map” (“map a adneuwyd”) means a map that is signed on behalf of the Welsh Ministers and deposited at their offices.

(2) “the 2006 Regulations” (“Rheoliadau 2006”) means the Environmental Noise (Wales) Regulations 2006(3).

(3) Words and terms used in these Regulations that are also used in the 2006 Regulations have the same meaning as in the 2006 Regulations.

Identification of noise sources

3.  Regulations 4, 5 and 6 identify first round agglomerations, first round major roads and first round major railways for the purposes of regulation 3(1) of the 2006 Regulations.

First round agglomerations

4.  First round agglomerations are those denoted on—

(a) the deposited map entitled “Cardiff — First Round Agglomeration — Caerdydd — Cylch Cyntaf, Crynodref”, dated 13 December 2007 and bearing the reference number END\I\W\FRCardiff; and

(b) the deposited map entitled “Swansea/Neath/Port Talbot — First Round Agglomeration — Abertawe/Castell-nedd/Port Talbot — Cylch Cyntaf, Crynodref”, dated 13 December 2007 and bearing the reference number END\I\W\FRSwansea/Neath/Port Talbot.

First round major roads

5.  First round major roads are those denoted on—

(a) the deposited map entitled “Wales (North) — First Round Major Roads — Cymru (Gogledd) — Cylch Cyntaf, Prif Ffyrdd”, dated 13 December 2007 and bearing the reference number END\I\W\FRNRoads; and

(b) the deposited map entitled “Wales (South) — First Round Major Roads — Cymru (De) — Cylch Cyntaf, Prif Ffyrdd”, dated 13 December 2007 and bearing the reference number END\I\W\FRSRoads.

First round major railways

6.  First round major railways are those denoted on the deposited map entitled “Wales — First Round Major Railways — Cymru — Cylch Cyntaf, Prif Reilffyrdd”, dated 13 December 2007 and bearing the reference number END\I\W\FRRail.

Jane Davidson

Minister for Environment, Sustainability and Housing, one of the Welsh Ministers

13 December 2007

Explanatory Note

(This note is not part of the Order)

These Regulations, which apply in relation to Wales, are made pursuant to the duty in regulation 3(1) of the Environmental Noise (Wales) Regulations 2006 (S.I. 2006/2629 (W.225)) to identify the noise sources that must be mapped pursuant to the first paragraph of Article 7 of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (O.J. No. L 189, 18.07.2002, p. 12).

The noise sources to be identified are agglomerations, major roads, major railways and major airports. Regulation 3 of the 2006 Regulations specifies criteria which the Welsh Ministers must apply when making identifications in relation to Wales.

The criterion to be applied to major airports is that the airport is a civil airport which has more than 50,000 movements per year (a movement being a take-off or landing), excluding those purely for training purposes on light aircraft. The Welsh Ministers have determined that no airport in Wales meets this criterion: therefore no identification of a major airport is made in these Regulations.

The identifications are made by reference to maps: these have been deposited at the offices of the Welsh Assembly Government at Cathays Park, Cardiff CF10 3NQ where they may be inspected during office hours. The maps are also available at the following web address: http://new.wales.gov.uk/topics/environmentcountryside/epq

A regulatory impact assessment has not been carried out in relation to these Regulations. However, a regulatory impact assessment of the effect that the Environmental Noise (Wales) Regulations 2006 will have on the costs of business and the voluntary sector is available for inspection at the offices of the Welsh Assembly Government at the address stated above.

(1)

See S.I. 2004/706. The functions exercisable by the National Assembly as a result of the designation made by this instrument are now exercisable by the Welsh Ministers: see paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32)

(2)

1972 c. 68

(3)

S.I. 2006/2629 (W.225)