2018 No. 190
The Environmental Noise (Amendment) Regulations (Northern Ireland) 2018
Made
Coming into operation
The Department of Agriculture, Environment and Rural Affairs, being a department designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the environment, makes these Regulations in exercise of the powers conferred by that section of, and paragraph 1A of Schedule 2 to, that Act3.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Environmental Noise (Amendment) Regulations (Northern Ireland) 2018 and come into operation on 31st December 2018.
2
The Interpretation Act (Northern Ireland) 19544 applies to these Regulations as it applies to an Act of the Assembly.
Amendment of the Environmental Noise Regulations (Northern Ireland) 20062
1
The Environmental Noise Regulations (Northern Ireland) 20065 are amended in accordance with paragraphs (2) to (7).
2
In regulation 2 (interpretation)—
a
in paragraph (3)—
i
in the definition of “Directive”, for the words from “of 25 June 2002” to the end substitute “relating to the assessment and management of environmental noise, as last amended by Commission Directive (EU) 2015/9966”; and
ii
for the definition of “the Department” substitute ““the Department” means the Department of Agriculture, Environment and Rural Affairs;”; and
b
after paragraph (3) add—
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 as amended from time to time.
3
For regulation 4(3) to (5) (strategic noise maps: general requirements) substitute—
3
The values of Lden, Lnight 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.
4
In regulations 7 (competent authority) and 26 (competent authority) for “the Department for Regional Development” substitute “the Department for Infrastructure”.
5
In regulation 53 after the word “Department” insert “or, formerly, the Department of the Environment”.
6
Omit Schedule 2 (assessment methods for the noise indicators).
7
In Schedule 3 (supplementary noise indicators)—
a
in paragraph 10 (interpretation), omit the definition of “LA10,18h”; and
b
in paragraph 11 (road traffic noise), omit “(a) LA10,18h;”.
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 14th November 2018.
(This note is not part of the Regulations)