The Environmental Noise (Wales) Regulations 2006

Welsh Statutory Instruments

2006 No. 2629 (W.225)

ENVIRONMENTAL PROTECTION, WALES

The Environmental Noise (Wales) Regulations 2006

Made

3 October 2006

Coming into force

4 October 2006

The National Assembly for Wales, being designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2, in relation to measures relating to the assessment, management and control of environmental noise, makes the following Regulations:

Marginal Citations

PART 1 GENERAL

Title, commencement and application

1.—(1) The title of these Regulations is the Environmental Noise (Wales) Regulations 2006 and they come into force on 4 October 2006.

(2) These Regulations apply in relation to Wales.

(3) Nothing in paragraph (2) means that strategic noise maps made or revised under these Regulations should be limited to Wales.

(4) 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.

(5) These Regulations do not apply to noise that is caused by the exposed person him or herself, 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.

Interpretation

2.—(1) 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.

(2) In these Regulations—

“the Assembly” (“y Cynulliad”) means the National Assembly for Wales;

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

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

“calendar year” (“blwyddyn galendr”) means a period of a year beginning on 1 January;

[F1“consolidated noise map” (“map swn cyfynol”) means a noise map compiled pursuant to regulation 15(4);]

“dB(A)” (“dB(A)”) is a measure of sound pressure level (“A” weighted) in decibels as specified in British Standard BS EN 61672-2: 2003 M3;

“DEFRA” means the Department for Environment Food and Rural Affairs;

“designated” (“wedi'i ddynodi”) when used in relation to any airport means designated under section 80 for the purposes of section 78 of the Civil Aviation Act 1982 M4;

“Directive” (“Cyfarwyddeb”) means 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 M5 [F2as last amended by Commission Directive (EU) 2015/996];

“first round agglomeration” (“crynodref cylch cyntaf”) means an area identified as a first round agglomeration pursuant to regulation 3;

“first round major railway” (“prif reilffordd cylch cyntaf”) means a railway which is identified as a first round major railway pursuant to regulation 3;

“first round major road” (“prif ffordd cylch cyntaf”) means a road which is identified as a first round major road pursuant to regulation 3;

“in the form of regulations” (“ar ffurf rheoliadau”) means in the form of regulations made under section 2(2) of the European Communities Act 1972;

“Lday” covers the period 07:00 – 19:00 hours in any 24 hour period;

“Levening” covers the period 19:00 – 23:00 hours in any 24 hour period;

“Lnight” covers the period 23:00 – 07:00 hours in any 24 hour period;

[F3“major airport”(“prif faes awyr”) pursuant to regulation 3;]

“major railway” (“prif reilffordd”) means a railway which is identified as a major railway pursuant to regulation 3;

“major road” (“prif ffordd”) means a road which is identified as a major road pursuant to regulation 3;

“motorway” (“traffordd”) means a special road which (save as otherwise provided by or under regulations made under section 17 of the Road Traffic Regulation Act 1984 M6) can be used by traffic only of Class I or II as specified in Schedule 4 to the Highways Act 1980 M7;

“non-designated” (“heb ei ddynodi”) when used in relation to an airport means not designated under section 80 for the purposes of section 78 of the Civil Aviation Act 1982;

“principal or classified road” (“prif ffordd neu ffordd ddosbarth”) means a road which is known as—

(a)

a principal road;

(b)

a classified road; or

(c)

both a principal road and a classified road,

by virtue of section 12 of the Highways Act 1980 (whether by falling within subsection (1), or being classified under subsection (3));

“quiet area in an agglomeration” (“ardal dawel mewn crynodref”) means an area which is identified as a quiet area in an agglomeration in accordance with regulation 13;

“special road” (“ffordd arbennig”) has the same meaning as in section 329(1) of the Highways Act 1980;

“supplementary noise indicator” (“dangosydd sŵ n atodol”) has the meaning given in regulation 4(6); and

“trunk road” (“cefnffordd”) means any highway for which the Assembly is the relevant highway authority.

Textual Amendments

Marginal Citations

M3ISBN 0-580-42224-0.

M5O.J. No. L 189, 18.07.2002, p. 12.

Identification of noise sources

3.—(1) No later than 31 December 2006 the Assembly must, in the form of regulations, identify all—

(a)first round agglomerations;

(b)first round major roads;

(c)first round major railways; and

(d)major airports.

(2) No later than 31 December 2011 the Assembly [F4must publish maps identifying all]—

(a)agglomerations;

(b)major roads;

(c)major railways; and

(d)major airports.

(3) Paragraph (4) applies if the Assembly considers that the [F5most recent maps published] pursuant to this regulation are no longer appropriate.

(4) In any relevant year the Assembly [F6must publish maps identifying all]—

(a)agglomerations;

(b)major roads;

(c)major railways; or

(d)major airports,

as necessary.

(5) In paragraph (4) “relevant year” (“blwyddyn berthnasol”) means 2016 and every fifth year thereafter.

(6) When discharging its duty under paragraph (1)(a) to identify first round agglomerations, the Assembly must 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.

(7) When discharging its duty under paragraph (2)(a) or (4)(a) to identify agglomerations the Assembly must 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.

(8) When discharging its duty under paragraph (1)(b) to identify first round major roads the Assembly must identify roads which—

(a)are—

(i)trunk roads,

(ii)motorways that are not trunk roads, or

(iii)principal or classified roads;

(b)have more than six million vehicle passages a year; and

(c)it considers to be regional, national or international.

(9) When discharging its duty under paragraph (2)(b) or (4)(b) to identify major roads the Assembly must identify roads which—

(a)are—

(i)trunk roads,

(ii)motorways that are not trunk roads, or

(iii)principal or classified roads;

(b)have more than three million vehicle passages a year; and

(c)it considers to be regional, national or international.

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

(11) When discharging its duty under paragraph (2)(c) or (4)(c) to identify major railways the Assembly must identify railways which have more than 30,000 train passages per year.

(12) When discharging its duty under paragraph (1)(d), (2)(d) or (4)(d) to identify major airports the Assembly must 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.

Textual Amendments

PART 2 STRATEGIC NOISE MAPS

CHAPTER 1GENERAL REQUIREMENTS FOR STRATEGIC NOISE MAPS

Strategic noise maps: general requirements

4.—(1) Any strategic noise map made or revised under this Part must satisfy the applicable requirements in Schedule 1.

(2) A competent authority under regulation 6 or 10 must apply—

(a)the noise indicators Lden and Lnight in accordance with Annex I of the Directive; and

(b)the supplementary noise indicators in all cases listed as examples in paragraph 3 of Annex I of the Directive,

when making or revising strategic noise maps under this Part.

(3) The values of Lden, Lnight and the supplementary noise indicators must be determined by [F7computation (at the assessment position) and by means of the assessment methods set out in Annex II to the Directive.]

[F8(3A) In paragraph (3), “assessment position” means the assessment height in paragraph 7 of Annex IV to the Directive.]

F9(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) “Supplementary noise indicator” means a noise indicator as defined in Schedule 3.

Textual Amendments

CHAPTER 2STRATEGIC NOISE MAPS – NOISE SOURCES OTHER THAN NON-DESIGNATED AIRPORTS

Application

5.  This Chapter does not apply to noise from non-designated airports.

Competent Authority

6.  The competent authority for this Chapter is the Assembly.

Duty to make, review and revise strategic noise maps

7.—(1) No later than 30 June 2007 the competent authority must make and, in accordance with regulation 23, adopt strategic noise maps showing the situation in the preceding calendar year for all—

(a)first round agglomerations;

(b)first round major roads;

(c)first round major railways; and

(d)major airports.

(2) No later than 30 June 2012, and thereafter every five years, the competent authority must make and, in accordance with regulation 23, adopt strategic noise maps showing the situation in the preceding calendar year for all—

(a)agglomerations;

(b)major roads;

(c)major railways; and

(d)major airports.

(3) From time to time, and whenever a major development occurs affecting the existing noise situation, the competent authority must—

(a)review; and

(b)if necessary revise,

any strategic noise map made pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 23.

CHAPTER 3STRATEGIC NOISE MAPS – NON-DESIGNATED AIRPORTS

Application

8.  This Chapter applies to noise from non-designated airports.

Interpretation

9.—(1) In this Chapter—

“input data” (“data mewnbwn”) 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;

“metadata” (“metadata”) means such elements of Section 2 of the “SPIRE Data Standard, Version 1.0” (DEFRA, 25 November 2004) M8 as are required to describe the—

(a)

input data; and

(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.

Marginal Citations

M8SPIRE Programme, Product Reference: SIP – DP – 011.

Competent Authority

10.  The competent authority for this Chapter is the airport operator.

Duty to make, review and revise strategic noise maps: non-designated major airports

11.—(1) This regulation applies only to non-designated major airports.

(2) No later than 31 March 2007, and thereafter every five years, the competent authority must—

(a)make a strategic noise map showing the situation in the preceding calendar year for the airport; and

(b)submit that map with input data and metadata to the Assembly.

(3) From time to time, and whenever a major development occurs affecting the existing noise situation, the competent authority must—

(a)review; and

(b)if necessary revise,

any strategic noise map made pursuant to paragraph (2) and adopted pursuant to regulation 23.

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

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

12.—(1) No later than 31 March 2007 the competent authority must—

(a)make a strategic noise map showing the situation in the preceding calendar year for any relevant first round agglomeration; and

(b)submit that map with input data and metadata to the Assembly.

(2) No later than 31 March 2012, and thereafter every five years, the competent authority must—

(a)make a strategic noise map showing the situation in the preceding calendar year for any relevant agglomeration; and

(b)submit that map with input data and metadata to the Assembly.

(3) From time to time, and whenever a major development occurs affecting the existing noise situation, the competent authority must—

(a)review; and

(b)if necessary revise,

any strategic noise map made pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 23.

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

(5) In this regulation—

“relevant first round agglomeration” (“crynodref cylch cyntaf perthnasol”) means a first round agglomeration in which air traffic from the airport results in air traffic noise of—

(a)

an Lden value of 55 dB(A) or greater; or

(b)

an Lnight value of 50 dB(A) or greater,

anywhere within the first round agglomeration;

“relevant agglomeration” (“crynodref perthnasol”) means an agglomeration in which air traffic from the airport results in air traffic noise of—

(a)

an Lden value of 55 dB(A) or greater; or

(b)

an Lnight value of 50 dB(A) or greater,

anywhere within the agglomeration.

PART 3 QUIET AREAS

Identification of quiet areas

[F1013.—(1) Quiet areas in first round agglomerations must be identified in the action plans drawn up under regulation 17(1)(c).

(2) Quiet areas in agglomerations must be identified in the action plans drawn up under regulation 17(2)(c).]

Textual Amendments

PART 4 ACTION PLANS

CHAPTER 1GENERAL

Duty to publish criteria or limit values

F1114.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Action plans: general requirements

15.—(1) Any action plan drawn up or revised under this Part must—

(a)meet the objectives of Article 1(c) of the Directive;

(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;

[F12(d)identify and address priorities having regard to guidance issued by the Welsh Ministers under regulation 30(1)];

(e)apply in particular to the most important areas as established by strategic noise maps adopted pursuant to regulation 23; and

(f)meet the requirements in Schedule 4.

(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 must 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 7, 11 or 12 and adopted pursuant to regulation 23, and

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

(b)a consolidated noise map.

[F13(4) The Welsh Ministers may compile consolidated noise maps in respect of any area from any strategic noise maps that—

(a)are made or revised pursuant to regulation 7,11 or 12 and adopted pursuant to regulation 23, and

(b)concern any part of the area addressed by the action plan.]

Textual Amendments

CHAPTER 2ACTION PLANS – NOISE SOURCES OTHER THAN MAJOR AIRPORTS

Competent Authority

16.  The competent authority for this Chapter is the Assembly.

Duty to draw up, review and revise action plans

17.—(1) No later than 18 July 2008 the competent authority must draw up action plans for—

(a)places near first round major roads;

(b)places near first round major railways; and

(c)first round agglomerations.

(2) No later than 18 July 2013 the competent authority must draw up action plans for—

(a)places near major roads;

(b)places near major railways; and

(c)agglomerations.

(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 pursuant to regulation 24.

(4) The competent authority must—

(a)review; and

(b)if necessary revise,

the action plan.

CHAPTER 3ACTION PLANS – MAJOR AIRPORTS

Competent Authority

18.  The competent authority for this Chapter is the airport operator.

Duty to draw up, review and revise action plans

19.—(1) No later than 30 April 2008 the competent authority must—

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

(b)submit that action plan to the Assembly.

(2) Paragraph (3) only applies if the competent authority was not required to draw up an action plan for the major airport pursuant to paragraph (19 because it was not the competent authority on or before 30 April 2008.

(3) No later than 30 April 2013 the competent authority must—

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

(b)submit that action plan to the Assembly.

(4) Paragraph (5) 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 pursuant to regulation 24.

(5) The competent authority must—

(a)review; and

(b)if necessary revise,

the action plan.

(6) An action plan revised pursuant to paragraph (5)(b) must be submitted to the Assembly within three working days of its revision.

CHAPTER 4ACTION PLANS – PUBLIC PARTICIPATION

Public participation

20.—(1) In preparing and revising action plans the competent authorities under regulations 16 and 18 must 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 5IMPLEMENTATION OF ACTION PLANS

Implementation of action plans

21.—(1) Where an action plan or a revision of an action plan—

(a)has been adopted pursuant to regulation 24; and

(b)identifies a public authority as responsible for a particular action,

that public authority must 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 Assembly, and

(ii)the competent authority responsible for the preparation of the action plan or the revision (if not the Assembly),

with written reasons for departing from that policy; and

(b)it publishes those reasons.

(3) In this regulation “public authority” (“awdurdod cyhoeddus”) includes any person who exercises functions of a public nature, but does not include—

(a)either House of Parliament or a person exercising functions in connection with proceedings in Parliament;

(b)courts or tribunals; or

(c)the Assembly.

PART 5 COOPERATION WITH EXTERNAL COMPETENT AUTHORITIES

Cooperation with external competent authorities

22.—(1) When necessary in order to meet its obligations under these Regulations, a competent authority must 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 the Directive,

must cooperate with that external competent authority.

(3) In this Part “external competent authority” (“awdurdod cymwys allanol”) means a competent authority in Northern Ireland, Scotland or England designated for the purposes of Article 4 of the Directive.

PART 6 ADOPTION OF STRATEGIC NOISE MAPS AND ACTION PLANS

Adoption of strategic noise maps

23.—(1) If the Assembly considers that a strategic noise map—

(a)submitted to it pursuant to regulation 11 or 12;

(b)submitted to it pursuant to paragraph (4); or

(c)made or revised by it,

meets the requirements of regulation 4, it must adopt the map.

(2) If the Assembly considers that a strategic noise map submitted to it pursuant to regulation 11 or 12 or paragraph (4) does not meet the requirements of regulation 4 it may—

(a)amend and adopt the map; or

(b)reject the map.

(3) If a strategic noise map is rejected pursuant to paragraph (2)(b) the Assembly must notify the competent authority that submitted it of—

(a)the reasons why the map was not adopted; and

(b)the date by which the map must be revised and resubmitted.

(4) The recipient of a notification under paragraph (3) must submit the revised strategic noise map to the Assembly by the date specified in the notification.

(5) Paragraphs (1) to (4) apply to a revised strategic noise map as they apply to a strategic noise map submitted pursuant to regulation 11 or 12.

(6) If the Assembly amends—

(a)a strategic noise map; or

(b)a revised strategic noise map,

it must take such steps as it considers appropriate for ensuring that the map complies with the requirements of regulation 4.

Adoption of action plans

24.—(1) If the Assembly considers that an action plan—

(a)submitted to it pursuant to regulation 19(1)(b), 19(3)(b) or 19(6);

(b)submitted to it pursuant to paragraph (5); or

(c)drawn up or revised by it,

meets the requirements of regulation 15, it may adopt the action plan.

(2) Paragraph (3) applies if—

(a)the Assembly considers that an action plan submitted to it pursuant to regulation 19(1)(b), 19(3)(b) or 19(6) does not meet the requirements of regulation 15; or

(b)an action plan is not adopted pursuant to paragraph (1).

(3) Where this paragraph applies the Assembly must—

(a)amend and adopt the plan; or

(b)reject the plan.

(4) If an action plan is rejected pursuant to paragraph (3)(b) the Assembly must notify the competent authority that submitted it of—

(a)the reasons why the plan was not adopted; and

(b)the date by which the plan must be revised and resubmitted.

(5) The recipient of a notification under paragraph (4) must submit the revised action plan to the Assembly by the date specified in the notification.

(6) Paragraphs (1) to (5) apply to a revised action plan as they apply to an action plan submitted pursuant to regulation 19(1)(b), 19(3)(b) or 19(6).

(7) If the Assembly amends—

(a)an action plan; or

(b)a revised action plan,

it must take such steps as it considers appropriate for ensuring that the action plan complies with the requirements of these Regulations.

PART 7 POWERS OF THE ASSEMBLY IN RELATION TO THE FUNCTIONS OF OTHER COMPETENT AUTHORITIES

Application

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

Powers

26.—(1) The Assembly 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)must be made in writing;

(b)may specify the format in which information must be provided; and

(c)may specify the period of time within which a response must be received.

(3) If an authority receives a request pursuant to paragraph (1) it must 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 Assembly 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; or

(ii)a requirement imposed on the United Kingdom by the Directive,

is unlikely to be met.

(5) The Assembly may exercise such of the functions of the competent authority as it considers appropriate.

Recovery of expenses

27.—(1) Where the Assembly incurs expenses pursuant to—

(a)regulation 23(2);

(b)regulation 24(3); or

(c)regulation 26(5),

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

(2) In this regulation “relevant competent authority” (“awdurdod cymwys perthnasol”) means—

(a)in relation to regulation 23(2), the competent authority that submitted the strategic noise map pursuant to regulation 11 or 12;

(b)in relation to regulation 24(3), the competent authority that submitted the action plan pursuant to regulation 19; and

(c)in relation to regulation 26(5), the competent authority whose functions the Assembly exercises pursuant to that regulation.

PART 8 INFORMATION TO THE PUBLIC

Competent Authority

28.  The competent authority for this Part is the Assembly.

Availability of strategic noise maps and action plans

29.—(1) Any—

(a)strategic noise map that is made available to the public before it is adopted pursuant to regulation 23; or

(b)action plan that is made available to the public before it is adopted pursuant to regulation 24,

must include prominently displayed wording identifying it as a draft subject to adoption by the Assembly.

(2) Any—

(a)strategic noise map adopted pursuant to regulation 23; or

(b)action plan adopted pursuant to regulation 24,

must 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) must be—

(a)accompanied by a summary setting out the most important points;

(b)displayed on the Assembly's website;

(c)made available for inspection during normal office hours at the Assembly's principal office; and

(d)supplied upon request for a reasonable charge.

PART 9 GUIDANCE

[F1430.—(1) The Welsh Ministers may issue guidance to a competent authority with respect to the exercise of its functions under these Regulations.

(2) A competent authority, in exercising any of its functions under these Regulations, must have regard to guidance issued by the Welsh Ministers under paragraph 1.]

Textual Amendments

M9Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

D. Elis-Thomas

The Presiding Officer of the National Assembly

Marginal Citations

regulations 4 and 9

SCHEDULE 1MINIMUM REQUIREMENTS FOR STRATEGIC NOISE MAPPING

Interpretation

1.  In this Schedule—

“editable” (“y gellir eu golygu”) means in a format that allows (without the need for manipulation) the electronic production of—

(a)

numerical data in tables, and

(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” (“grid”) means a grid of vector points which are—

(a)

at 10 metre by 10 metre intervals,

(b)

spatially referenced to the British National Grid reference system used by the Ordnance Survey as a pair of integers to show Eastings then Northings in metres from the origin, and

(c)

aligned with the 10 metre vertices of the British National Grid reference system used by the Ordnance Survey so that references finish with the number zero.

General requirements for strategic noise maps

2.—(1) Strategic noise maps and their revisions must—

(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 is to be taken to be a reference to regulations 15, 17 and 19 of these Regulations;

(b)Article 9 of the Directive is to be taken to be a reference to regulation 29 of these Regulations.

Requirements for strategic noise maps for agglomerations

3.—(1) This paragraph applies only to—

(a)a strategic noise map made under regulation 7(1)(a), 7(2)(a), 12(1) or 12(2); or

(b)a revision of such a strategic noise map.

(2) Strategic noise maps must—

(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 Lden, Lnight and the supplementary noise indicators on a grid.

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

4.—(1) This paragraph applies only to—

(a)any strategic noise map made under—

(i)regulation 7(1)(b) to (d),

(ii)regulation 7(2)(b) to (d),

(iii)regulation 11(2); or

(b)any revision of such a map.

(2) Strategic noise maps must—

(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 Lden, Lnight and the supplementary noise indicators on a grid.

regulation 4

F15SCHEDULE 2ASSESSMENT METHODS FOR THE NOISE INDICATORS

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

Textual Amendments

regulation 4

SCHEDULE 3SUPPLEMENTARY NOISE INDICATORS

Interpretation

1.  In this Schedule—

  • F16...

  • “LAeq,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;

  • “LAeq,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;

  • “LAeq,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.

Textual Amendments

Road Traffic Noise

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

F17(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)LAeq,16h;

(c)Lday; and

(d)Levening.

Textual Amendments

Railway Noise

3.  The supplementary noise indicators in relation to railway noise are—

(a)LAeq,16h;

(b)LAeq,18h;

(c)LAeq,6h;

(d)Lday; and

(e)Levening.

Aircraft Noise

4.  The supplementary noise indicators in relation to aircraft noise are—

(a)LAeq,16h;

(b)Lday; and

(c)Levening.

Industrial Noise and Port Noise

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

(a)LAeq,16h;

(b)Lday; and

(c)Levening.

regulation 15

SCHEDULE 4MINIMUM REQUIREMENTS FOR ACTION PLANS

General

1.—(1) An action plan must—

(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.

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

(a)Article 5 of the Directive is to be taken to be a reference to regulation 4 of these Regulations;

(b)Article 8(7) of the Directive is to be taken to be a reference to regulation 20 of these Regulations.

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, 18.07.2002, p. 12) (the 'Directive').

A full regulatory impact assessment of the effect that these Regulations will have on the costs of business is available (see table below).

Except for regulation 22(2), these Regulations apply only in relation to noise sources in Wales.

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 National Assembly for Wales (the Assembly) to identify the noise sources for which strategic noise maps must be made. Regulation 7 requires the Assembly to make strategic noise maps for agglomerations, major roads, major railways and major airports designated under section 80 for the purposes of section 78 of the Civil Aviation Act 1982 (1982 c. 16). From time to time, and whenever a major development occurs, the Assembly must review (and if necessary, revise) strategic noise maps.

Regulations 11 and 12 require airport operators to make strategic noise maps for airports that are not designated under the Civil Aviation Act 1982. Strategic noise maps will need to be made for: (i) all non-designated major airports; and (ii) noise in agglomerations arising from any non-major airports (if aircraft noise results in a value of 55 Lden or 50 Lnight anywhere in those agglomerations). Strategic noise maps will need to be reviewed (and revised if necessary) from time to time, and whenever a major development occurs. Once made, the airport operators must submit strategic noise maps (or their revisions) to the Assembly for adoption.

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

Regulation 4 and Schedule 3 specify which noise indicators and supplementary noise indicators must 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 13 requires the Assembly to identify quiet areas in agglomerations.

Action plans

Action plans must 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 14 requires the Assembly to publish guidance on how the priorities in action plans should be identified.

Regulation 15 sets out the requirements for action plans.

Regulation 17 requires the Assembly to draw up action plans for places near to major roads and major railways, and for agglomerations. The Assembly must review (and revise, if necessary) the action plans every five years or sooner if a major development occurs.

Regulation 19 requires airport operators to draw up action plans in relation to major airports. The airport operator must review (and revise, if necessary) the action plans every five years or sooner if a major development occurs. Once drawn up or revised, the airport operators must submit an action plan to the Assembly for adoption.

Regulation 20 specifies the public participation required during the preparation and revision of action plans.

Regulation 21 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 22 requires competent authorities in Wales to cooperate with their counterparts in Northern Ireland, Scotland and England when necessary to do so in order to meet obligations under these Regulations or the Directive.

Regulations 23 and 24 set out the mechanism by which the Assembly adopts strategic noise maps and action plans respectively.

Regulation 26 provides the Assembly 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 27 gives the Secretary of State power to reclaim certain expenses from competent authorities.

Regulation 29 sets out requirements for the publication of strategic noise maps and action plans.

Regulation 30 requires competent authorities to have regard to any guidance published by the Assembly.

Table

Availability of documents referred to in the Regulations

DocumentWhere document may be obtainedWhere document may be inspected
British Standard BS EN 61672-2: 2003, (ISBN 0-580-42224-0)British Standards Institute (www.standardsdirect. org/standards/ standards2/Standards Catalogue24_view_ 17041.html)The principal office of the Department for Environment, Food and Rural Affairs
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)http://europa.eu.int /eur-lex/pri/en/oj/dat/ 2002/l_189/l_189200 20718en001200 25.pdfThe principal office of the Department for Environment, Food and Rural Affairs
“SPIRE Data Standard, Version 1.0” (DEFRA 25 November 2004)Department for Environment, Food and Rural Affairs [XXXX (http://www.defra. gov.uk/environment/ noise/ambient.htm)]The principal office of the Department for Environment, Food and Rural Affairs
Commission Recommendation 2003/613/EC of 6 August 2003 concerning the guidelines on the revised interim computation methods for industrial noise, aircraft noise, road traffic noise and railway noise, and related emissions data (O.J. No. L 212, 22.8.2003, p. 49.)http://europa.eu. int/eur-lex/pri/en/oj /dat/2003/l_212/l_ 21220030822en 00490064.pdfThe principal office of the Department for Environment, Food and Rural Affairs
“Calculation of road traffic noise” (Department of Transport, 7 June 1988, HMSO) (ISBN 0115508473)The Stationery Office (http://www. tsoshop.co.uk)The principal office of the Department for Environment, Food and Rural Affairs
Method for converting the UK road traffic noise index LA10,18h to the EU noise indices for road noise mapping” (DEFRA, 24th January 2006)Department for Environment, Food and Rural AffairsThe principal office of the Department for Environment, Food and Rural Affairs
“Calculation of railway noise” (Department of Transport, 13 July 1995, HMSO) (ISBN 0115517545)The Stationery Office (http://www. tsoshop.co.uk)The principal office of the Department for Environment, Food and Rural Affairs
“Calculation of railway noise 1995 Supplement No. 1 Procedure for the calculation of noise from Eurostar trains class 373” (Department for Transport, 20 October 1996, Stationery Office) (ISBN 0115518738)The Stationery Office (http://www. tsoshop.co.uk)The principal office of the Department for Environment, Food and Rural Affairs
“Rail and wheel roughness – implications for noise mapping based on the Calculation of Railway Noise procedure” (DEFRA March 2004)Department for Environment, Food and Rural Affairs (http://www. defra.gov.uk /environment/noise /mapping/rail /index.htm)The principal office of the Department for Environment, Food and Rural Affairs
“Report on Standard Method of Computing Noise Contours around Civil Airports” (Second Edition, European Civil Aviation Conference, 2-3 July 1997)The European Civil Aviation Conference (http://www.ecac- ceac.org/index.php ?content=docstype &idtype=38)The principal office of the Department for Environment, Food and Rural Affairs
“ISO 9613-2:1996 Acoustics – Attenuation of sound during propagation outdoors – Part 2: General method of calculation” (International Standards Organisation, 1996)International Organisation for Standardization (http://www.iso.ch)The principal office of the Department for Environment, Food and Rural Affairs
“Acoustics. Determination of sound power levels of multisource industrial plants for evaluation of sound pressure levels in the environment. Engineering method” (BS ISO 8297: 1994, British Standards Institute)British Standards Institute (http ://www.standards direct.org/standards /standards3/Standards Catalogue24_view_ 23347.html)The principal office of the Department for Environment, Food and Rural Affairs
“Acoustics. Determination of sound power levels of noise sources using sound pressure. Engineering method in an essentially free field over a reflecting plane” (BS EN ISO 3744:1995, British Standards Institute)British Standards Institute (http://www. standardsdirect.org /standards/standards2 /StandardsCatalogue 24_view_19606. html)The principal office of the Department for Environment, Food and Rural Affairs
“Acoustics. Determination of sound power levels of noise sources using sound pressure. Survey method using an enveloping measurement surface over a reflecting plane” (BS EN ISO 3746:1996, British Standards Institute)British Standards Institute (http://www. standardsdirect.org /standards/standards2 /StandardsCatalogue 24_view_19608. html)The principal office of the Department for Environment, Food and Rural Affairs
“Good Practice Guide for Strategic Noise Mapping and the Production of Associated Data on Noise Exposure Version 2, Position Paper Final Draft” (European Commission Working Group Assessment of Exposure to Noise, 13 January 2006)European Commission Working Group Assessment of Exposure to Noise (http://www.defra. gov.uk/environment/ noise/mapping /exposure/pdf/ exposuredata- guide.pdf)The principal office of the Department for Environment, Food and Rural Affairs