2006 No. 387

environmental protection

The Environmental Noise Regulations (Northern Ireland) 2006

Made21st September 2006

Coming into operation20th October 2006

The Department of the Environment is a Department designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the assessment, management and control of environmental noise. The Department makes these Regulations in exercise of the powers conferred by that section.

PART 1GENERAL

Citation, commencement and applicationI111

1

These Regulations may be cited as the Environmental Noise Regulations (Northern Ireland) 2006 and shall come into operation on 20 October 2006.

2

These Regulations apply to environmental noise to which humans are exposed in particular in built-up areas, in public parks or other quiet areas in an agglomeration, near schools, hospitals and other noise-sensitive buildings and areas.

3

These Regulations do not apply to noise that is caused by the exposed person himself, noise from domestic activities, noise created by neighbours, noise at work places or noise inside means of transport or due to military activities in military areas.

InterpretationI52

1

The Interpretation Act (Northern Ireland) 19543 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.

F102A

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 19934;
“dB(A)” is a measure of sound pressure level (“A” weighted) in decibels as specified in British Standard BS EN 61672-2: 20035;
F4“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 F3relating 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—
1. a
  Part A activities, as defined in Schedule 1 of the Pollution Prevention and Control Regulations (Northern Ireland) 20037, within an agglomeration or first round agglomeration; and
2. 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.

F24

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 F11 as it had effect immediately before exit day .

Identification of noise sourcesI123

1

No later than 31^st December 2006 the Department shall prepare maps identifying all—

a

first round agglomerations;

b

first round major roads;

c

first round major railways; and

d

major airports.

2

No later than 31^st December 2011 the Department shall prepare maps identifying all—

a

agglomerations;

b

major roads;

c

major railways; and

d

major airports.

3

In any relevant year the Department shall prepare maps identifying all—

a

agglomerations;

b

major roads;

c

major railways; or

d

major airports;

as necessary if it considers that the most recent maps produced pursuant to paragraph 2 are no longer appropriate.

4

In paragraph (3) “relevant year” means 2016 and every fifth year thereafter.

5

When discharging its duty under paragraph (1)(a) to identify first round agglomerations the Department shall identify areas—

a

having a population in excess of 250,000 persons and a population density equal to or greater than 500 people per km²; and

b

which it considers to be urbanised.

6

When discharging its duty under paragraph (2)(a) or (3)(a) to identify agglomerations the Department shall identify areas—

a

having a population in excess of 100,000 persons and a population density equal to or greater than 500 people per km²; and

b

which it considers to be urbanised.

7

When discharging its duty under paragraph (1)(b) to identify first round major roads the Department shall identify roads which—

a

are—

i

trunk roads;

ii

motorways; or

iii

classified roads; and

b

have more than six million vehicle passages a year.

8

When discharging its duty under paragraph (2)(b) or (3)(b) to identify major roads the Department shall identify roads which—

a

are—

i

trunk roads;

ii

motorways; or

iii

classified roads; and

b

have more than three million vehicle passages a year.

9

When discharging its duty under paragraph (1)(c) to identify first round major railways the Department shall identify railways which have more than 60,000 train passages per year.

10

When discharging its duty under paragraph (2)(c) or (3)(c) to identify major railways the Department shall identify railways which have more than 30,000 train passages per year.

11

When discharging its duty under paragraph (1)(d), (2)(d) or (3)(d) to identify major airports the Department shall identify civil airports which have more than 50,000 movements per year (a movement being a take-off or a landing), excluding those purely for training purposes on light aircraft.

12

Certified copies of maps prepared pursuant to paragraphs (1), (2) and (3)—

a

shall be available for inspection at such times and in such places as the Department may determine, and information on when and where such copies may be inspected shall be published by the Department in such a manner as they may determine;

b

may be displayed on a website and in such other manner as the Department considers appropriate; and

c

shall be provided by the Department, on request, for a reasonable charge.

PART 2STRATEGIC NOISE MAPS

CHAPTER 1GENERAL REQUIREMENTS FOR STRATEGIC NOISE MAPS

Strategic noise maps: general requirementsI64

1

Any strategic noise map made or revised under this Part shall satisfy the applicable requirements in Schedule 1.

2

A competent authority under regulations 7, 10, 13, 16 or 21 shall apply—

a

the noise indicators L_den and L_night as referred to in Annex I of the Directive; and

b

the supplementary noise indicators in all cases listed as examples in paragraph 3 of Annex 1 of the Directive;

when making or revising strategic noise maps under this Part.

F53

The values of L_den, L_night and the supplementary noise indicators shall be determined by computation (at the assessment position) and by means of the assessment methods set out in Annex II of the Directive.

4

In this Regulation, “assessment position” means the assessment height in paragraph 7 of Annex IV of the Directive.

F12F135

For the purposes of paragraph (2)(a), a reference to Annex 1 to the Directive is to be read as if, in paragraph (1) of the Directive, in the second subparagraph, in the first indent, the words from “The Member” to the end were omitted

InterpretationI135

1

In this Part—

“input data” means all the data and related information used to produce the numerical data in electronic form required by paragraph 3(2)(b) or 4(2)(b) (as appropriate) of Schedule 1; and
“metadata” means such elements of Section 2 of the “SPIRE Data Standard, Version 1.0” (DEFRA, 25 November 2004)8 as are required to describe the—
1. a
  input data; and
2. b
  information and data required by paragraph 3(2) or 4(2) (as appropriate) of Schedule 1;

2

Any requirement in this Chapter to submit input data to a competent authority is a requirement to submit that input data in a format that—

a

is electronic;

b

allows electronic manipulation; and

c

does not require manipulation in order to reproduce the numerical data in electronic form required by paragraph 3(2)(b) or 4(2)(b) (as appropriate) of Schedule 1.

CHAPTER 2STRATEGIC NOISE MAPS - MAJOR ROADS

ApplicationI146

This Chapter applies to noise from major roads.

Competent authorityI77

The competent authority for this Chapter is F6the Department for Infrastructure .

Duty to make, review and revise strategic noise maps: major roadsI158

1

No later than 31 October 2006 the competent authority shall—

a

identify all major roads for the preceding calendar year; and

b

submit this data to the Department.

2

No later than 31 October 2011, and thereafter every five years, the competent authority shall—

a

identify all major roads for the preceding calendar year; and

b

submit this data to the Department.

3

No later than 31 March 2007 the competent authority shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all first round major roads; and

b

submit that map with input data and metadata to the Department.

4

No later than 31 March 2012, and thereafter every five years, the competent authority shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all major roads; and

b

submit that map with input data and metadata to the Department.

5

Whenever a major development occurs affecting the existing noise situation, the competent authority shall—

a

review; and

b

if necessary revise;

any strategic noise map made pursuant to paragraph (3) or (4) and adopted pursuant to regulation 46.

6

The competent authority shall submit any strategic noise map revised pursuant to paragraph (5)(b), with input data and metadata, to the Department within three working days of its revision.

CHAPTER 3STRATEGIC NOISE MAPS – MAJOR RAILWAYS

ApplicationI169

This Chapter applies to noise from major railways.

Competent authorityI1710

The competent authority for this Chapter is the Northern Ireland Transport Holding Company.

Duty to make, review and revise strategic noise maps: major railwaysI1811

1

No later than 31 October 2006 the competent authority shall—

a

identify all major railways for the preceding calendar year; and

b

submit this data to the Department.

2

No later than 31 October 2011, and thereafter every five years, the competent authority shall—

a

identify all major railways for the preceding calendar year; and

b

submit this data to the Department.

3

No later than 31 March 2007 the competent authority shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all first round major railways; and

b

submit that map with input data and metadata to the Department.

4

No later than 31 March 2012, and thereafter every five years, the competent authority shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all major railways; and

b

submit that map with input data and metadata to the Department.

5

Whenever a major development occurs affecting the existing noise situation, the competent authority shall—

a

review; and

b

if necessary revise;

any strategic noise map made pursuant to paragraph (3) or (4) and approved pursuant to regulation 46.

6

The competent authority shall submit any strategic noise map revised pursuant to paragraph (5)(b), with input data and metadata, to the Department within three working days of its revision.

CHAPTER 4STRATEGIC NOISE MAPS – MAJOR AIRPORTS

ApplicationI1912

This Chapter applies to noise from major airports.

Competent authorityI2013

The competent authority for this Chapter is the airport operator.

Duty to make, review and revise strategic noise maps: major airportsI2114

1

No later than 31 October 2006, and thereafter every five years, the competent authority shall—

a

identify whether an airport qualifies as a major airport for the preceding calendar year; and

b

submit this data to the Department.

2

No later than 31 March 2007, and thereafter every five years, the competent authority shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all major airports; and

b

submit that map with input data and metadata to the Department.

3

Whenever a major development occurs affecting the existing noise situation, the competent authority shall—

a

review; and

b

if necessary revise;

any strategic noise map made pursuant to paragraph (2) and approved pursuant to regulation 46.

4

The competent authority shall submit any strategic noise map revised pursuant to paragraph (3)(b), with input data and metadata, to the Department within three working days of its revision.

CHAPTER 5STRATEGIC NOISE MAPS – INDUSTRY

ApplicationI2215

This Chapter applies to noise sources from industry.

Competent authorityI2316

The competent authority for this Chapter is the Department.

Duty to make, review and revise strategic noise maps: industryI2417

1

No later than 31 December 2006 the competent authority shall identify all industrial noise sources within first round agglomerations in the preceding calendar year.

2

No later than 31 December 2011, and thereafter every five years, the competent authority shall identify all industrial noise sources within agglomerations.

3

No later than 30 June 2007 the competent authority shall make a strategic noise map showing the situation in the preceding calendar year for industrial noise sources within first round agglomerations.

4

No later than 30 June 2012, and thereafter every five years, the competent authority shall make a strategic noise map showing the situation in the preceding calendar year for industrial noise sources within agglomerations.

5

Whenever a major development occurs affecting the existing noise situation, the competent authority shall—

a

review; and

b

if necessary revise;

any strategic noise map made pursuant to paragraph (3) or (4).

CHAPTER 6STRATEGIC NOISE MAPS – AGGLOMERATIONS

ApplicationI2518

This Chapter applies to noise from sources within agglomerations.

Duty to make, review and revise strategic noise maps: agglomerationsI2619

1

No later than 31 March 2007 the competent authority under regulation 7 shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all relevant first round agglomerations; and

b

submit that map with input data and metadata to the Department.

2

No later than 31 March 2012, and thereafter every five years, the competent authority under regulation 7 shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all relevant agglomerations; and

b

submit that map with input data and metadata to the Department.

3

No later than 31 March 2007 the competent authority under regulation 10 shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all relevant first round agglomerations; and

b

submit that map with input data and metadata to the Department.

4

No later than 31 March 2012, and thereafter every five years, the competent authority under regulation 10 shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all relevant agglomerations; and

b

submit that map with input data and metadata to the Department.

5

No later than 31 October 2006, and thereafter every five years, an airport operator shall—

a

identify any airport to be mapped within any relevant first round agglomeration or any relevant agglomeration;

b

act as the competent authority for that airport; and

c

submit this data to the Department.

6

No later than 31 March 2007 the competent authority under paragraph (5) shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all relevant first round agglomerations; and

b

submit that map with input data and metadata to the Department.

7

No later than 31 March 2012, and thereafter every five years, the competent authority under regulation 13 shall—

a

make a strategic noise map showing the situation in the preceding calendar year for all relevant agglomerations; and

b

submit that map with input data and metadata to the Department.

8

Whenever a major development occurs affecting the existing noise situation, the competent authority under regulation 7, 10, 13,16 or paragraph (5) shall—

a

review; and

b

if necessary, revise;

any strategic noise map made pursuant to paragraph (1), (2), (3), (4), (6) or (7) and adopted or approved pursuant to regulation 46.

9

Any strategic noise map revised pursuant to paragraph (8)(b) shall be submitted with input data and metadata to the Department within three working days of its revision.

CHAPTER 7CONSOLIDATION OF STRATEGIC NOISE MAPS

ApplicationI2720

This Chapter applies to noise from sources within agglomerations.

Competent authorityI2821

The competent authority for this Chapter is the Department.

Duty to make, review and revise a consolidated strategic noise map: agglomerationsI2922

No later than the 30 June 2007, and thereafter every five years, the competent authority shall make a consolidated strategic noise map for all noise sources within the agglomeration, using the strategic noise maps submitted under regulations 17 and 19.

PART 3ACTION PLANS

CHAPTER 1GENERAL

Duty to publish criteria or limit valuesI3023

No later than 31 October 2007 the Department shall publish guidance setting out limit values or other criteria for the identification of priorities for action plans.

Action plans: general requirementsI3124

1

Any action plan drawn up or revised under this Part shall—

a

meet the objectives and requirements in Schedule 4;

b

be designed to manage noise issues and effects, including noise reduction if necessary;

c

aim to protect quiet areas in agglomerations against an increase in noise;

d

address priorities which shall be identified by having regard to guidance published pursuant to regulation 23; and

e

apply in particular to the most important areas as established by strategic noise maps approved or adopted pursuant to regulation 46.

2

Paragraph (3) applies to—

a

any action plan; and

b

any revision of an action plan;

drawn up under this Part for an agglomeration.

3

An action plan and any revision of an action plan shall be based upon and apply in particular to the most important areas as established by—

a

all strategic noise maps that—

i

are made or revised pursuant to regulation 8, 11, 14, 17 or 19 and approved or adopted pursuant to regulation 46; and

ii

concern any part of the area addressed by the action plan; and

b

a consolidated noise map compiled pursuant to regulation 22 to the extent that it concerns any part of the area addressed by the action plan.

CHAPTER 2ACTION PLANS – ROADS

ApplicationI3225

This Chapter applies to noise from roads

Competent authorityI3326

The competent authority for this Chapter is the Department for Regional Development.

Duty to draw up, review and revise action plans: major roadsI3427

1

No later than 30 April 2008 the competent authority shall—

a

draw up an action plan for places near first round major roads; and

b

submit that action plan to the Department.

2

No later than 30 April 2013 the competent authority shall—

a

draw up an action plan for places near major roads; and

b

submit that action plan to the Department.

3

Paragraph (4) applies—

a

whenever a major development occurs affecting the existing noise situation; and

b

at least every five years after the date on which an action plan is adopted or approved pursuant to regulation 47.

4

The competent authority shall—

a

review; and

b

if necessary, revise;

the action plan.

5

An action plan revised pursuant to paragraph (4)(b) shall be submitted to the Department within three working days of its revision.

Duty to draw up, review and revise action plans: agglomerationsI3528

1

No later than 30 April 2008 the competent authority shall—

a

draw up an action plan for places near roads within any relevant first round agglomeration; and

b

submit that action plan to the Department.

2

No later than 30 April 2013 the competent authority shall

a

draw up an action plan for places near roads within any relevant agglomeration; and

b

submit that action plan to the Department.

3

Paragraph (4) applies—

a

whenever a major development occurs affecting the existing noise situation; and

b

at least every five years after the date on which an action plan is adopted or approved pursuant to regulation 47.

4

The competent authority shall—

a

review; and

b

if necessary, revise;

the action plan.

5

An action plan revised pursuant to paragraph (4)(b) shall be submitted to the Department within three working days of its revision.

CHAPTER 3ACTION PLANS – RAILWAYS

ApplicationI3629

This Chapter applies to noise from railways

Competent authorityI3730

The competent authority for this Chapter is the Northern Ireland Transport Holding Company.

Duty to draw up, review and revise action plans: major railwaysI3831

1

No later than 30 April 2008 the competent authority shall—

a

draw up an action plan for places near first round major railways; and

b

submit that action plan to the Department.

2

No later than 30 April 2013 the competent authority shall—

a

draw up an action plan for places near major railways; and

b

submit that action plan to the Department.

3

Paragraph (4) applies—

a

whenever a major development occurs affecting the existing noise situation; and

b

at least every five years after the date on which an action plan is adopted or approved pursuant to regulation 47.

4

The competent authority shall—

a

review; and

b

if necessary, revise;

the action plan.

5

An action plan revised pursuant to paragraph (4)(b) shall be submitted to the Department within three working days of its revision.

Duty to draw up, review and revise action plans: agglomerationsI3932

1

No later than 30 April 2008 the competent authority shall—

a

draw up an action plan for places near railways within any relevant first round agglomeration; and

b

submit that action plan to the Department.

2

No later than 30 April 2013 the competent authority shall—

a

draw up an action plan for places near railways within any relevant agglomeration; and

b

submit that action plan to the Department.

3

Paragraph (4) applies—

a

whenever a major development occurs affecting the existing noise situation; and

b

at least every five years after the date on which an action plan is adopted or approved pursuant to regulation 47.

4

The competent authority shall—

a

review; and

b

if necessary, revise;

the action plan.

5

An action plan revised pursuant to paragraph (4)(b) shall be submitted to the Department within three working days of its revision.

CHAPTER 4ACTION PLANS – AIRPORTS

ApplicationI4033

This Chapter applies to noise from airports

Competent authorityI4134

The competent authority for this Chapter is the airport operator.

Duty to draw up, review and revise action plans: major airportsI4235

1

No later than 30 April 2008 the competent authority shall—

a

draw up an action plan for places near a major airport; and

b

submit that action plan to the Department.

2

Paragraph (3) applies—

a

whenever a major development occurs affecting the existing noise situation; and

b

at least every five years after the date on which an action plan is adopted or approved pursuant to regulation 47.

3

The competent authority shall—

a

review; and

b

if necessary, revise;

the action plan.

4

An action plan revised pursuant to paragraph (3)(b) shall be submitted to the Department within three working days of its revision.

Duty to draw up, review and revise action plans: agglomerationsI4336

1

No later than 30 April 2008 the competent authority shall—

a

draw up an action plan for places near any airport within any relevant first round agglomeration; and

b

submit that action plan to the Department

2

No later than 30 April 2013 the competent authority shall

a

draw up an action plan for places near any airport within any relevant agglomeration; and

b

submit that action plan to the Department.

3

Paragraph (4) applies—

a

whenever a major development occurs affecting the existing noise situation; and

b

at least every five years after the date on which an action plan is adopted or approved pursuant to regulation 47.

4

The competent authority shall—

a

review; and

b

if necessary, revise;

the action plan.

5

An action plan revised pursuant to paragraph (4)(b) shall be submitted to the Department within three working days of its revision.

CHAPTER 5ACTION PLANS – INDUSTRY

ApplicationI4437

This Chapter refers to noise sources from industry.

Competent authorityI4538

The competent authority for this Chapter is the Department.

Duty to draw up, review and revise action plans: industryI4639

1

No later than 18 July 2008 the competent authority shall draw up an action plan for industrial noise sources within any relevant first round agglomeration.

2

No later than 18 July 2013 the competent authority shall draw up an action plan for industrial noise sources within any relevant agglomeration.

3

Paragraph (4) applies—

a

whenever a major development occurs affecting the existing noise situation; and

b

at least every five years after 18 July 2013.

4

The competent authority shall—

a

review; and

b

if necessary, revise;

the action plan.

CHAPTER 6QUIET AREAS

Identification of quiet areasI4740

1

No later than 30 September 2007 the Department shall prepare maps identifying quiet areas in agglomerations.

2

Paragraph (3) applies if the Department considers that the most recent maps produced pursuant to this regulation are no longer appropriate.

3

No later than 30 September in any relevant year the Department shall, if it considers it necessary, prepare maps identifying quiet areas in agglomerations.

4

In paragraph (3) “relevant year” means 2012 and every fifth year thereafter.

5

Certified copies of maps prepared pursuant to paragraphs (1) and (3)—

a

b

may be displayed on a website and in such other manner as the Department considers appropriate; and

c

shall be provided by the Department, on request, for a reasonable charge.

CHAPTER 7CONSOLIDATED ACTION PLANS

Competent authorityI4841

The competent authority for this Chapter is the Department.

Duty to draw up, review and revise a consolidated action plan: agglomerationsI4942

No later than the 18 July 2008, and thereafter every five years, the competent authority shall draw up a consolidated action plan for all noise within the agglomerations, using the action plans submitted under regulations 28, 32, 36 and 39.

CHAPTER 8ACTION PLANS – PUBLIC PARTICIPATION

Public participationI5043

1

In preparing and revising action plans the competent authorities under regulations 26, 30, 34 and 38 shall ensure that—

a

the public is consulted about proposals for action plans;

b

the public is given early and effective opportunities to participate in the preparation and review of the action plans;

c

the results of that public participation are taken into account;

d

the public is informed of the decisions taken; and

e

reasonable time frames are provided, allowing sufficient time for each stage of public participation.

CHAPTER 9IMPLEMENTATION OF ACTION PLANS

Implementation of action plansI5144

1

Where an action plan or a revision of an action plan—

a

has been adopted or approved pursuant to regulation 47; and

b

identifies a public authority as responsible for a particular action;

that public authority shall treat the action plan as its policy insofar as it relates to that action.

2

A public authority may depart from any policy mentioned in paragraph (1) if—

a

it provides—

i

the Department; and

ii

the competent authority responsible for the preparation of the action plan or the revision (if not the Department);

with written reasons showing reasonable grounds for departing from that policy; and

b

it publishes those reasons.

3

In this regulation “public authority” includes any person who exercises functions of a public nature.

PART 4COOPERATION WITH EXTERNAL COMPETENT AUTHORITIES

Cooperation with external competent authoritiesI945

1

When necessary in order to meet its obligations under these Regulations, a competent authority shall use all reasonable endeavours to secure the cooperation of an external competent authority.

2

A competent authority—

a

when requested to do so by an external competent authority; and

b

if necessary to meet that external competent authority’s obligations arising under F14relevant EU-derived domestic legislation ;

shall cooperate with that external competent authority.

3

In this Part “external competent authority” means a competent authority in the Republic of Ireland, England, Scotland or Wales designated for the purposes of F15 the relevant EU-derived domestic legislation .

PART 5ADOPTION OR APPROVAL OF STRATEGIC NOISE MAPS AND ACTION PLANS

Adoption or approval of strategic noise mapsI5246

1

If the Department considers that a strategic noise map—

a

submitted to it pursuant to regulation 11, or 14;

b

submitted to it pursuant to paragraph (6);

meets the requirements of regulation 4, it shall approve the map.

2

If the Department considers that a strategic noise map submitted to it pursuant to regulation 11, or 14 or paragraph (6) does not meet the requirements of regulation 4 it may—

a

amend and approve the map; or

b

reject the map.

3

If the Department considers that a strategic noise map—

a

submitted to it pursuant to regulation 8, or 19;

b

submitted to it pursuant to paragraph (6); or

c

made or revised by it;

meets the requirements of regulation 4, the Department shall adopt the map.

4

If the Department considers that a strategic noise map submitted to it pursuant to regulation 8, or 19 or paragraph (6) does not meet the requirements of regulation 4 it may—

a

amend and adopt the map; or

b

reject the map.

5

If a strategic noise map is rejected pursuant to paragraph (2)(b) or (4)(b)the Department shall notify the competent authority that submitted it of—

a

the reasons why the map was not approved or adopted; and

b

the date by which the map shall be revised and resubmitted.

6

The recipient of a notification under paragraph (5) shall submit the revised strategic noise map to the Department by the date specified in the notification.

7

Paragraphs (1) to (6) apply to a revised strategic noise map as they apply to a strategic noise map submitted pursuant to regulation 8, 11, 14, or 19.

8

If the Department amends—

a

a strategic noise map; or

b

a revised strategic noise map;

it shall take such steps as it considers appropriate to ensure that the map complies with the requirements of regulation 4 and shall notify the competent authority of any amendments made.

Adoption or approval of action plansI5347

1

If the Department considers that an action plan—

a

submitted to it pursuant to regulation 31(1)(b), 31(2)(b), 31(5), 32(1)(b), 32(2)(b), 32(5), 35(1)(b), 35(4), 36(1)(b), 36(2)(b), or 36(5);

b

submitted to it pursuant to paragraph (6);

meets the requirements of regulation 24, it shall approve the action plan.

2

If the Department considers that an action plan—

a

submitted to it pursuant to regulation 27(1)(b), 27(2)(b), 27(5), 28(1)(b), 28(2)(b) or 28(5);

b

submitted to it pursuant to paragraph (6);

meets the requirements of regulation 24, it shall adopt the action plan.

3

Paragraph (4) applies if—

a

the Department considers that an action plan submitted to it pursuant to regulations 27(1)(b), 27(2)(b), 27(5), 28(1)(b), 28(2)(b), 28(5), 31(1)(b), 31(2)(b), 31(5), 32(1)(b), 32(2)(b), 32(5), 35(1)(b), 35(4), 36(1)(b), 36(2)(b) or 36(5), does not meet the requirements of regulation 24; or

b

an action plan is not adopted or approved pursuant to paragraphs (1) or (2).

4

Where this paragraph applies the Department shall—

a

amend, and approve or adopt the action plan; or

b

reject the action plan.

5

If an action plan is rejected pursuant to paragraph (4)(b)the Department shall notify the authority that submitted it of—

a

the reasons why the action plan was not approved or adopted; and

b

the date by which the action plan shall be revised and resubmitted.

6

The recipient of a notification under paragraph (5) shall submit the revised action plan to the Department by the date specified in the notification.

7

Paragraphs (1) to (6) apply to a revised action plan as they apply to an action plan submitted pursuant to regulation 27(1)(b), 27(2)(b), 27(5), 28(1)(b), 28(2)(b), 28(5), 31(1)(b), 31(2)(b), 31(5), 32(1)(b), 32(2)(b), 32(5), 35(1)(b), 35(4), 36(1)(b), 36(2)(b) or 36(5).

8

If the Department amends—

a

an action plan; or

b

a revised action plan;

it shall take such steps as it considers appropriate to ensure that the action plan complies with the requirements of Regulation 24 and notify the competent authority of any amendments made.

PART 6POWERS OF THE DEPARTMENT IN RELATION TO THE FUNCTIONS OF OTHER COMPETENT AUTHORITIES

ApplicationI5448

This Part does not apply to any functions under these Regulations for which the Department is the competent authority.

PowersI1049

1

The Department may at any time require a competent authority to provide information in relation to its functions under these Regulations.

2

A request for information pursuant to paragraph (1)—

a

shall be made in writing;

b

shall specify the format in which information shall be provided; and

c

shall specify the period of time within which a response shall be received.

3

If an authority receives a request pursuant to paragraph (1) it shall respond—

a

within the time period specified pursuant to paragraph (2)(c); or

b

if no such period is specified, within fourteen days of receipt of the request.

4

Paragraph (5) applies where—

a

the Department has consulted the competent authority; and

b

it considers that by reason of any act or omission, or any likely act or omission, by the competent authority—

i

a requirement of these Regulations; F16...

F16ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

is unlikely to be met.

5

The Department may exercise such of the functions of the competent authority, as it considers appropriate.

Recovery of expensesI5550

1

Where the Department incurs expenses pursuant to—

a

regulation 46(2);

b

regulation 46(4);

c

regulation 47(4); or

d

regulation 49(5);

it may recover those expenses from the relevant competent authority as a civil debt.

2

In this regulation “relevant competent authority” means—

a

in relation to regulation 46(2) and 46(4), the competent authority that submitted the strategic noise map pursuant to regulation 8, 11, 14 or 19;

b

in relation to regulations 47(4), the competent authority that submitted the action plan pursuant to regulation 27(1)(b), 27(2)(b), 27(5), 28(1)(b), 28(2)(b), 28(5), 31(1)(b), 31(2)(b), 31(5), 32(1)(b), 32(2)(b), 32(5), 35(1)(b), 35(4), 36(1)(b), 36(2)(b), 36(5); or

c

in relation to regulation 49(5), the competent authority whose functions the Department exercises pursuant to that regulation.

PART 7INFORMATION TO THE PUBLIC

Competent authorityI5651

The competent authority for this Part is the Department.

Availability of strategic noise maps and action plansI5752

1

Any—

a

strategic noise map that is made available to the public before it is adopted or approved pursuant to regulation 46; or

b

action plan that is made available to the public before it is adopted or approved pursuant to regulation 47;

shall include prominently displayed wording identifying it as a draft subject to adoption or approval by the Department.

2

Any—

a

strategic noise map approved or adopted pursuant to regulation 46; or

b

action plan approved or adopted pursuant to regulation 47;

shall be published by the competent authority in accordance with the requirements of paragraph (3).

3

A strategic noise map or an action plan published pursuant to paragraph (2)—

a

shall be accompanied by a summary setting out the most important points;

b

c

may be displayed on a website and in such other manner as the Department considers appropriate; and

d

shall be provided by the Department, on request, for a reasonable charge.

PART 8GUIDANCE

GuidanceI853

A competent authority, in exercising any of its functions under these Regulations, shall have regard to any guidance issued by the DepartmentF7or, formerly, the Department of the Environment under this regulation.

Sealed with the Official Seal of the Department of the Environment on 21st September 2006

Ian T. MayeA Senior Officer of the Department of the Environment

SCHEDULE 1MINIMUM REQUIREMENTS FOR STRATEGIC NOISE MAPPING

regulations 4 and 5

InterpretationI31

F171

In this Schedule—

“editable” means in a format that allows (without the need for manipulation) the electronic production of—
1. a
  numerical data in tables; and
2. b
  graphical plots;
to display the information described in paragraphs 1.5, 1.6, 1.7, 2.5, 2.6 and 2.7 of Annex VI of the Directive;
“grid” means a grid of vector points which are—
1. a
  at 10 metre by 10 metre intervals;
2. b
  spatially referenced to the Irish National Grid reference system used by the Ordnance Survey Northern Ireland as a pair of integers to show Eastings then Northings in metres from the origin; and
3. c
  aligned with the 10 metre vertices of the Irish National Grid reference system used by the Ordnance Survey of Northern Ireland so that references finish with the number zero.

F182

For the purposes of sub-paragraph (1), the reference to paragraphs 1.5, 1.6 and 2.6 of Annex VI to the Directive is to be read with the following modifications—

a

in paragraphs 1.5 and 1.6, as if the reference in those paragraphs to “major roads”, “major railways” and “major airports” as defined in Article 3 of the Directive were to “major road”, “major railway” and major airport” as defined in regulation 2(3) of these Regulations;

b

in paragraphs 1.6 and 2.6, as if the words from “These data” to the end were omitted.

General requirements for strategic noise mapsI42

1

Strategic noise maps and their revisions shall—

a

satisfy the minimum requirements laid down in Annex IV of the Directive; and

b

be clear and comprehensible.

2

In applying paragraph (1)(a) any reference in Annex IV of the Directive to—

a

Article 8 of the Directive shall be taken to be a reference to regulations 24, 27, 28, 31, 32, 35, 36 and 39 of these Regulations;

b

Article 9 of the Directive shall be taken to be a reference to regulation 52 of these Regulations.

F193

for the purpose of paragraph (1)(a), a reference to Annex IV of the Directive is to be read as if the following were omitted—

a

in paragraph 4, the first indent;

b

in paragraph 5, the words from “concerning” to “Commission”;

c

paragraph 9.

Requirements for strategic noise maps for agglomerationsI583

1

This paragraph applies only to—

a

a strategic noise map made under regulations 17 or 19; or

b

a revision of such a strategic noise map.

2

Strategic noise maps shall—

a

include the information (in electronic format) described in paragraphs 1.1 to 1.4 inclusive of Annex VI of the Directive; and

b

include editable numerical data in electronic form containing the values of L_den, L_night and the supplementary noise indicators on a grid.

Requirements for strategic noise maps for major roads, major railways and major airportsI594

1

This paragraph applies only to—

a

any strategic noise map made under regulation 8, 11 or 14;

b

any revision of such a map.

2

Strategic noise maps shall—

a

include the information (in electronic format) described in paragraphs 2.1 to 2.4 inclusive of Annex VI of the Directive; and

b

include editable numerical data in electronic form containing the values of L_den, L_night and the supplementary noise indicators on a grid.

SCHEDULE 2ASSESSMENT METHODS FOR THE NOISE INDICATORS

regulation 4

F1...F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3SUPPLEMENTARY NOISE INDICATORS

regulation 2

InterpretationI110

In this Schedule—

F8...
“L_Aeq,16h” is the equivalent continuous sound level in dB(A) that, over the period 07:00 – 23:00 hours, contains the same sound energy as the actual fluctuating sound that occurred in that period;
“L_Aeq,18h” is the equivalent continuous sound level in dB(A) that, over the period 06:00 – 24:00 hours, contains the same sound energy as the actual fluctuating sound that occurred in that period;
“L_Aeq,6h” is the equivalent continuous sound level in dB(A) that, over the period 24:00 – 06:00 hours, contains the same sound energy as the actual fluctuating sound that occurred in that period.

Road traffic noiseI211

The supplementary noise indicators in relation to road traffic noise are—

F9a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

L_Aeq,16h;

c

L_day; and

d

L_evening.

Railway noiseI6012

The supplementary noise indicators in relation to railway noise are—

a

L_Aeq,16h;

b

L_Aeq,18h;

c

L_Aeq,6h;

d

L_day; and

e

L_evening.

Aircraft noiseI6113

The supplementary noise indicators in relation to aircraft noise are—

a

L_Aeq,16h;

b

L_day; and

c

L_evening.

Industrial noise and port noiseI6214

The supplementary noise indicators in relation to industrial noise and port noise are—

a

L_Aeq,16h;

b

L_day; and

c

L_evening.

SCHEDULE 4MINIMUM REQUIREMENTS FOR ACTION PLANS

regulation 24

GeneralI6315

1

An action plan shall—

a

meet the minimum requirements of Annex V of the Directive; and

b

contain a summary covering all the important aspects referred to in Annex V of the Directive, not exceeding ten pages in length; and

c

be clear and comprehensible.

2

In applying paragraph (1) any reference in Annex V of the Directive to—

a

Article 5 of the Directive shall be taken to be a reference to regulation 4 of these Regulations;

b

Article 8(7) of the Directive shall be taken to be a reference to regulation 43 of these Regulations.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Directive2002/49/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 ‘Directive’).They extend to Northern Ireland only.

Strategic noise maps

The making of strategic noise maps will occur in two rounds, the first in 2007 and the second in 2012. In the second round a larger number of the same type of noise sources will have to be mapped than in the first round. Subsequently strategic noise maps will have to be made every five years.

Regulation 3 requires the Department to identify the noise sources for which strategic noise maps shall be made.

Chapter 2 of Part 2 names the Department for Regional Development as the competent authority responsible for the preparation of strategic noise maps for major roads.

Chapter 3 of Part 2 names the Northern Ireland Transport Holding Company as the competent authority responsible for the preparation of strategic noise maps for major railways.

Chapter 4 of Part 2 names the airport operators as the competent authorities responsible for the preparation of strategic noise maps for major airports.

Chapter 5 of Part 2 names the Department of the Environment as the competent authority responsible for the preparation of noise maps for industrial noise sources within agglomerations.

Chapter 6 of Part 2 requires the competent authorities from regulations 7, 10, 13, 16 and 19(5) to make strategic noise maps showing the situation in the preceding calendar year for any agglomerations, and names the airport operators as the competent authorities responsible for the preparation of strategic noise maps for airports within agglomerations.

Chapter 7 of Part 2 requires the Department to make a consolidated strategic noise map for all sources within agglomerations.

From time to time, and whenever a major development occurs, the competent authorities shall review (and if necessary, revise) strategic noise maps. Once made or revised, the competent authorities, for sources other than industry, will have to submit all strategic noise maps to the Department for adoption or approval.

All strategic noise maps shall meet the minimum requirements set out in regulation 4.

Regulation 4 and Schedule 3 specify which noise indicators and supplementary noise indicators shall be used in making the strategic noise maps. Schedule 2 sets out the assessment methods to be used in calculating the values of noise indicators. Different methods are specified for each noise source.

Regulation 40 requires the Department to identify quiet areas in agglomerations.

Action plans

Action plans shall be drawn up in two rounds (the first in 2008 and the second in 2013) following the two rounds of strategic noise maps upon which the action plans will be based.

Regulation 23 requires the Department to publish guidance on how the priorities in action plans should be identified.

Regulation 24 sets out the general requirements for action plans.

Regulations 27 and 28 require the Department for Regional Development to draw up action plans for places near to major roads and roads within agglomerations. The Department for Regional Development shall review (and revise, if necessary) the action plans every five years, or sooner if a major development occurs.

Regulations 31 and 32 require the Northern Ireland Transport Holding Company to draw up action plans for places near to major railways and places near to railways within agglomerations. The Northern Ireland Transport Holding Company shall review (and revise, if necessary) the action plans every five years, or sooner if a major development occurs.

Regulations 35 and 36 require airport operators to draw up action plans for places near to major airports and airports within agglomerations. The airport operators shall review (and revise, if necessary) the action plans every five years, or sooner if a major development occurs.

Regulation 39 requires the Department of the Environment to draw up action plans for industrial activity sites, including ports within agglomerations. The Department for the Environment shall review (and revise, if necessary) the action plans every five years, or sooner if a major development occurs.

Regulation 42 requires the Department of the Environment to draw up a consolidated action plan for all sources within agglomerations, using the action plans submitted under regulations 28, 32, and 36.

Regulation 43 specifies the public participation required during the preparation and revision of action plans.

Regulation 44 requires public authorities to treat action plans as policy insofar as the action plan identifies them as being responsible for a particular action. Public authorities may depart from such policies in specified circumstances.

Other provisions

Regulation 45 requires competent authorities in Northern Ireland to cooperate with their counterparts in the Republic of Ireland, England, Scotland or Wales when necessary to do so in order to meet obligations under these Regulations or the Directive.

Regulations 46 and 47 set out the mechanism by which the Department adopts and approves strategic noise maps and action plans respectively.

Regulation 49 provides the Department with the power to require competent authorities to provide information in relation to their obligations under the Regulations or to step in and carry out the functions of competent authorities under specified circumstances.

Regulation 50 gives the Department power to reclaim certain expenses from competent authorities.

Regulation 52 sets out requirements for the publication of strategic noise maps and action plans.

Regulation 53 requires competent authorities to have regard to any guidance published by the Department.

A Regulatory Impact Assessment in relation to these Regulations has been placed in the library of the Northern Ireland Assembly and copies can be obtained from Environmental Policy Division, 20-24 Donegall Street, Belfast BT1 2GP.