The Environmental Noise Regulations (Northern Ireland) 2006

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) Unless otherwise defined in these Regulations, words and terms used in these Regulations and in the Directive have the same meaning as in the Directive.

[F1 (2A) For the purpose of these Regulations, a reference to the Directive is to be read as if any reference in that Directive to a member state or competent authority in a provision imposing an obligation on or providing a discretion to a member state or competent authority is to the Northern Ireland department which, immediately before exit day was responsible for compliance with that obligation or exercise of that discretion in Northern Ireland]

(3) In these Regulations—

“agglomeration” means an area identified as an agglomeration pursuant to regulation 3;

“airport operator” means the person for the time being having, in relation to a particular airport, the management of that airport;

“calendar year” means a period of a year beginning on 1 January;

“classified road” means a road which is classified pursuant to Article 13 of the Roads (Northern Ireland) Order 1993(2);

“dB(A)” is a measure of sound pressure level (“A” weighted) in decibels as specified in British Standard BS EN 61672-2: 2003(3);

[F2 “the Department” means the Department of Agriculture, Environment and Rural Affairs;]

“Directive” means Directive 2002/49/EC of the European Parliament and of the Council [F3 relating to the assessment and management of environmental noise, as last amended by Commission Directive (EU) 2015/996] ;

“first round agglomeration” means an area identified as a first round agglomeration pursuant to regulation 3;

“first round major railway” means a railway which is identified as a first round major railway pursuant to regulation 3;

“first round major road” means a road which is identified as a first round major road pursuant to regulation 3;

“industrial noise sources” means—

(a)

Part A activities, as defined in Schedule 1 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003(4), within an agglomeration or first round agglomeration; and

(b)

Ports within an agglomeration or first round agglomeration;

“in the form of Regulations” means in the form of Regulations made under section 2(2) of the European Communities Act 1972;

“L_day” has the meaning given in Article 3 and Annex I of the Directive and covers the period 07:00 – 19:00 hours in any 24-hour period;

“L_evening” has the meaning given in Article 3 and Annex I of the Directive and covers the period 19:00 – 23:00 hours in any 24-hour period;

“L_night” has the meaning given in Article 3 and Annex I of the Directive and covers the period 23:00 – 07:00 hours in any 24-hour period;

“L_den” has the meaning given in Article 3 and Annex I of the Directive;

“major airport” means an airport which is identified as a major airport pursuant to regulation 3;

“major railway” means a railway which is identified as a major railway pursuant to regulation 3;

“major road” means a road which is identified as a major road pursuant to regulation 3;

“motorway” means a road that has been designated under Article 15 of the Roads (Northern Ireland) Order 1993;

“quiet area in an agglomeration” means an area which is identified as a quiet area in an agglomeration in accordance with regulation 40;

“relevant agglomerations” means agglomerations identified under regulation 3(2)(a) or 3(3)(a);

“relevant first round agglomerations” means agglomerations identified under regulation 3(1)(a);

“supplementary noise indicator” means a noise indicator as defined in Schedule 3;

“the Department” means the Department of the Environment; and

“trunk road” has the meaning given in Article 2(2) of the Roads (Northern Ireland) Order 1993.

[F4 (4) In these Regulations any reference to Annex I, II, VI or paragraph 7 of Annex IV of the Directive is to be construed as a reference to that Annex or paragraph [F5 as it had effect immediately before exit day ] .]

Textual Amendments

F1 Reg. 2(2A) inserted (31.12.2020) by The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/584), regs. 1, 30(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(3) substituted (31.12.2018) by The Environmental Noise (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/190), regs. 1(1), 2(2)(a)(ii)

F3 Words in reg. 2(3) substituted (31.12.2018) by The Environmental Noise (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/190), regs. 1(1), 2(2)(a)(i)

F4 Reg. 2(4) added (31.12.2018) by The Environmental Noise (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/190), regs. 1(1), 2(2)(b)

F5 Words in reg. 2(4) substituted (31.12.2020) by The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/584), regs. 1, 31; 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 2 in operation at 20.10.2006 with application in accordance with, see reg. 1(2)

(1)

1954 c. 33 (N.I.)

(2)

S.I. 1993/3160 (N.I. 15)

(3)

ISBN 0-580-42224-0

(4)

S.R. 2003 No. 46