The Environmental Noise (Wales) Regulations 2006 © Crown Copyright 2006 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Badge of Wales may be reproduced only where it is an integral part of the original document. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Environmental Noise (Wales) Regulations 2006, ISBN 0110914007. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The National Assembly for Wales, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2], in relation to measures relating to the assessment, management and control of environmental noise, makes the following Regulations: 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)[a] 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—
(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));
Identification of noise sources
(b) first round major roads; (c) first round major railways; and (d) major airports.
(2) No later than 31 December 2011 the Assembly must, in the form of regulations, identify all—
(b) major roads; (c) major railways; and (d) major airports.
(3) Paragraph (4) applies if the Assembly considers that the most recent regulations produced pursuant to this regulation are no longer appropriate.
(b) major roads; (c) major railways; or (d) major airports,
as necessary.
(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—
(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—
(ii) motorways that are not trunk roads, or (iii) principal or classified roads;
(b) have more than six million vehicle passages a year; and
(9) When discharging its duty under paragraph (2)(b) or (4)(b) to identify major roads the Assembly must identify roads which—
(ii) motorways that are not trunk roads, or (iii) principal or classified roads;
(b) have more than three million vehicle passages a year; and
(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. 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—
(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. 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—
(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—
(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—
(b) if necessary revise,
any strategic noise map made pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 23. Application 8. This Chapter applies to noise from non-designated airports. Interpretation 9. —(1) In this Chapter—
(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—
(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.
Competent Authority
(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—
(b) if necessary revise,
any strategic noise map made pursuant to paragraph (2) and adopted pursuant to regulation 23.
(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—
(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—
(b) if necessary revise,
any strategic noise map made pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 23.
(b) an Lnight value of 50 dB(A) or greater,
anywhere within the first round agglomeration;
(b) an Lnight value of 50 dB(A) or greater,
anywhere within the agglomeration. Identification of quiet areas 13. —(1) No later than—
(b) 30 September 2012,
the Assembly must, in the form of regulations, identify quiet areas in agglomerations. Duty to publish criteria or limit values 14. No later than 18 July 2007 the Assembly must publish guidance setting out limit values or other criteria for the identification of priorities for action plans. Action plans: general requirements 15. —(1) Any action plan drawn up or revised under this Part must—
(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 must be identified by having regard to guidance published pursuant to regulation 14; (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—
(b) any revision of an action plan,
drawn up under this Part for an agglomeration.
(ii) concern any part of the area addressed by the action plan; and
(b) a consolidated noise map.
(4) In this regulation "consolidated noise map" ("map sŵ n cyfunol") means a single strategic noise map consolidated from all strategic noise maps that—
(b) concern any part of the area addressed by the action plan.
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—
(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—
(b) places near major railways; and (c) agglomerations.
(3) Paragraph (4) applies—
(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—
(b) if necessary revise,
the action plan. 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—
(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.
(b) submit that action plan to the Assembly.
(4) Paragraph (5) applies—
(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—
(b) if necessary revise,
the action plan. Public participation 20. —(1) In preparing and revising action plans the competent authorities under regulations 16 and 18 must ensure that—
(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.
Implementation of action plans 21. —(1) Where an action plan or a revision of an action plan—
(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.
(ii) the competent authority responsible for the preparation of the action plan or the revision (if not the Assembly),
(3) In this regulation "public authority" ("awdurdod cyhoeddus") includes any person who exercises functions of a public nature, but does not include—
(b) courts or tribunals; or (c) the Assembly.
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—
(b) if necessary to meet that external competent authority's obligations arising under the Directive,
must cooperate with that external competent authority. Adoption of strategic noise maps 23. —(1) If the Assembly considers that a strategic noise map—
(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.
(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—
(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.
(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.
(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.
(b) an action plan is not adopted pursuant to paragraph (1).
(3) Where this paragraph applies the Assembly must—
(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—
(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.
(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. 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)—
(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—
(b) if no such period is specified, within fourteen days of receipt of the request.
(4) Paragraph (5) applies where—
(b) it considers that by reason of any act or omission, or any likely act or omission, by the competent authority—
(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.
(b) regulation 24(3); or (c) regulation 26(5),
it may recover those expenses from the relevant competent authority as a civil debt.
(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.
Competent Authority 28. The competent authority for this Part is the Assembly. Availability of strategic noise maps and action plans 29. —(1) Any—
(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.
(b) action plan adopted pursuant to regulation 24,
must be published by the competent authority in accordance with the requirements of paragraph (3).
(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.
30. A competent authority, in exercising any of its functions under these Regulations, must have regard to any guidance issued by the Assembly under this regulation. Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[9]. D. Elis-Thomas The Presiding Officer of the National Assembly 3 October 2006 Interpretation 1. In this Schedule—
(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;
(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
(b) be clear and comprehensible.
(2) In applying paragraph (1)(a) any reference in Annex IV of the Directive to—
(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
(b) a revision of such a strategic noise map.
(2) Strategic noise maps must—
(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
(ii) regulation 7(2)(b) to (d), (iii) regulation 11(2); or
(b) any revision of such a map.
(2) Strategic noise maps must—
(b) include editable numerical data in electronic form containing the values of Lden, Lnight and the supplementary noise indicators on a grid.
Introduction 1. —(1) The values of Lden, Lnight and the supplementary noise indicators must be determined by computation (at the assessment position). (2) In this Schedule—
Assessment method for road traffic noise indicators
(b) "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); (c) "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),
or by using Toolkit 10 of the "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). Interpretation 1. In this Schedule—
Road Traffic Noise
(b) LAeq,16h; (c) Lday; and (d) Levening.
Railway Noise
(b) LAeq,18h; (c) LAeq,6h; (d) Lday; and (e) Levening.
Aircraft Noise
(b) Lday; and (c) Levening.
Industrial Noise and Port Noise
(b) Lday; and (c) Levening.
General 1. —(1) An action plan must—
(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—
(b) Article 8(7) of the Directive is to be taken to be a reference to regulation 20 of these Regulations.
(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
Notes: [1] S.I. 2004/706.back [5] O.J. No. L 189, 18.07.2002, p. 12.back [6] 1984 c.27; section 17 was amended by the New Roads and Street Works Act 1991 (c.22), Schedule 8, paragraph 28 and Schedule 9, and by the Road Traffic Act 1991 (c.40), Schedule 7, paragraph 3 and Schedule 8.back [7] 1980 c.66. Schedule 4 has been amended by the Road Traffic (Consequential Provisions) Act 1988 (c.54), Schedule 3, paragraph 21(3).back [8] SPIRE Programme, Product Reference: SIP – DP – 011.back [10] O.J. No. L 212, 22.8.2003, p. 49.back [12] Prepared by TRL Limited and Casella Stanger, Document Reference st/05/91/AGG04442.back [14] Prepared by AEA Technology plc, Document Reference: AEATR-PC&E-2003-002.back [15] Adopted by the Twenty-First Plenary Session of ECAC, Document Reference: ECAC.CEAC Doc. 29.back
[a] Amended by Correction Slip. Page 8, English language version, regulation 1(3), lines one and two: "Nothing in paragraph Error! Reference source not found. means that strategic noise maps" should read, "Nothing in paragraph (2) means that strategic noise maps". back
ISBN 0 11 091400 7
|
|
| ||
| We welcome your comments on this site | © Crown copyright 2006 | Prepared 13 October 2006 |