The Environmental Noise (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement 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, 18.07.02, p. 12) (“the Directive”). They extend to Scotland only.

Regulation 4 requires the Scottish Ministers to prepare maps or plans showing the noise sources for which strategic noise maps shall be made, and showing quiet areas in first round agglomerations and in agglomerations. Regulation 7 requires the Scottish Ministers to make strategic noise maps for agglomerations, major roads and major railways for noise sources other than airports. Every 5 years and whenever a major development occurs, the Scottish Ministers shall review (and if necessary, revise) those strategic noise maps.

Regulations 10 and 11 require airport operators to make strategic noise maps for airports. Strategic noise maps shall be made for: (i) all major airports; and (ii) air traffic noise in agglomerations arising from other airports. Those strategic noise maps shall be reviewed (and revised if necessary) every 5 years and whenever a major development occurs. Once made, strategic noise maps (or their revisions) shall be submitted to the Scottish Ministers for adoption.

All strategic noise maps shall meet the requirements set out in regulation 5.

Regulation 5 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 12 requires the Scottish Ministers to publish guidance on the preparation and content of action plans. It also requires the Scottish Ministers to compile and publish a consolidated noise map.

Regulation 13 sets out the requirements for action plans.

Regulation 15 requires the Scottish Ministers to draw up action plans for places near to major roads and major railways, and for first round agglomerations and agglomerations. The Scottish Ministers shall review (and revise, if necessary) such action plans every 5 years, or sooner if a major development occurs.

Regulation 17 requires airport operators to draw up action plans in relation to major airports and other airports (if air traffic noise from those airports results in a value of 55 L_den or 50 _night anywhere in agglomerations). The airport operator shall review (and revise, if necessary) such action plans every 5 years, or sooner if a major development occurs. Once drawn up or revised, action plans shall be submitted to the Scottish Ministers for adoption.

Regulation 18 specifies the public participation required during the preparation and revision of action plans.

Regulation 19 requires public authorities to use all reasonable endeavours to take actions for which they have been identified as responsible in action plans. Where they are unable to take such actions, they shall provide written reasons for being unable to do so.

Regulation 20 requires competent authorities in Scotland to co-operate with their counterparts in England, Northern Ireland and Wales when necessary to do so in order to meet obligations under these Regulations or the Directive.

Regulations 21 and 22 set out the mechanism by which the Scottish Ministers adopt strategic noise maps and action plans respectively.

Regulation 24 provides the Scottish Ministers with the power to require competent authorities to provide information in relation to their functions under the Regulations or to step in and carry out the functions of competent authorities under specified circumstances.

Regulation 25 gives the Scottish Ministers power to reclaim certain expenses from competent authorities.

Regulation 26 sets out requirements for the publication of consolidated noise maps compiled by and strategic noise maps and action plans approved by the Scottish Ministers.

Regulation 27 gives the Scottish Ministers power to issue guidance relating to the operation of the Regulations, and requires any person having functions under the Regulations to have regard to such guidance.

A Regulatory Impact Assessment has been prepared and placed in the library of the Scottish Parliament. A copy can be obtained from the Climate Change and Air Division, Scottish Executive Environment and Rural Affairs Department (SEERAD), Victoria Quay, Leith, Edinburgh, EH6 6QQ.