193 tal-2004 - Regolamenti tal-2004 dwar Valutazzjoni u Maniġġar ta’ Ħsejjes fl-Ambjent

L.N. 193 of 2004

ENVIRONMENT PROTECTION ACT, 2001

(CAP. 435)

Assessment and Management of Environment Noise

Regulations, 2004

BY virtue of the powers conferred by article 9 of the

Environment Protection Act, the Minister for Rural Affairs and the

Environment has made the following regulations>-

The title of these regulations is the Assessment and Citation.

Management of Environment Noise Regulations, 2004.

(1) The aim of these regulations is to define a common Objectives.

approach intended to avoid, prevent or reduce on a prioritised basis

the harmful effects, including annoyance, due to the exposure to

environmental noise. To that end the following actions shall be

implemented progressively>

(a) the determination of exposure to environmental noise,

through noise mapping, by methods of assessment common to

the Agreement States<

(b) ensuring that information on environmental noise and

its effects are made available to the public<

(c) the adoption of action plans by the Agreement States,

based upon noise-mapping results, with a view to preventing

and reducing environmental noise where necessary and

particularly where exposure levels can induce harmful effects

on human health and preserving environmental noise quality

where it is good.

(2) These regulations shall also aim at providing a basis

for developing measures to reduce noise emitted by the major

sources, in particular road and rail vehicles and infrastructure,

aircraft, outdoor and industrial equipment and mobile machinery.

(1) These regulations shall 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, in quiet areas in open

country, near schools, hospitals and other noise-sensitive buildings

and areas.

(2) These regulations shall 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.

For the purposes of these regulations>

“acoustical planning” means controlling future noise by

planned measures, such as land-use planning, systems

engineering for traffic, traffic planning, abatement by sound-

insulation measures and noise control of sources<

“action plans” means plans designed to manage noise issues

and effects, including noise reduction if necessary<

“agglomeration” means part of a territory, delimited by

the competent authority having a population in excess of

100,000 persons and a population density such that the

competent authority considers it to be an urbanised area<

“Agreement States” means an agreement, to which Malta

is a party, entered into by a group of states reciprocally granting

to citizens of such states or their dependants the right to enter,

remain and reside in and leave the territory of such state, to

move freely within such states for such period as may be

established in the agreement and to work or establish provide

or receive services therein< and “Agreement State” and “citizen

of an Agreement State” shall be construed accordingly< and

where a state is a party to such an Agreement subject to

modifications and adaptations, a citizen of an Agreement State

shall be subject to such modifications or adaptations as may be

prescribed<

“annoyance” means the degree of community noise

annoyance as determined by means of field surveys<

“assessment” means any method used to calculate, predict,

estimate or measure the value of a noise indicator or its related

harmful effects<

“competent authority” means the Malta Environment and

Planning Authority as prescribed by the notice entitled

Nomination of the Malta Environment and Planning Authority

as the competent authority, and such other body or person as

the Minister responsible for the environment may by order in

the Gazette prescribe and different bodies or persons may by

designated as the competent authority for different provisions

and different purposes of these regulations<

“dose-effect relation” means the relationship between the

value of a noise indicator and a harmful effect<

“environmental noise” means unwanted or harmful outdoor

sound created by human activities, including noise emitted by

means of transport, road traffic, rail traffic, air traffic, and from

sites of industrial activity such as those defined in Annex I of

the Integrated Pollution Prevention and Control Regulations, L.N. 234 of 2002.

2002<

“harmful effects” means negative effects on human health<

“Lday Day-noise indicator” means the noise indicator for

annoyance during the day period, as further defined in Annex I

of 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<

“Lden Day-evening-night noise indictor” means the noise

indicator for overall annoyance, as further defined in Annex I

of 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<

“Levening evening-noise indicator” means the noise

indicator for annoyance during the evening period, as further

defined in Annex I of 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<

“Limit value” means a value of Lden or Lnight, and where

appropriate Lday and Levening, as determined by the competent

authority, the exceeding of which causes the competent authority

to consider or enforce mitigation measures< limit values may

be different for different types of noise (road, rail, air-traffic

noise, industrial noise, etc), different surroundings and different

noise sensitiveness of the populations< they may also be different

for existing situations and for new situations (where there is a

change in the situation regarding the noise source or the use of

the surroundings)<

“Lnight night-time noise indicator” means the noise

indicator for sleep disturbance, as further defined in Annex I of

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<

“major airport” means a civil airport, designated by the

competent authority, which has 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<

“major railway” means a railway, designated by the

competent authority which has more than 30,000 train passages

per year<

“major road” means a regional, national or international

road, designated by the competent authority which has more

than three million vehicle passages a year<

“noise indicator” means a physical scale for the description

of environmental noise, which has a relationship with a harmful

effect<

“noise mapping” means the presentation of data on an

existing or predicted noise situation in terms of a noise indicator,

indicating breaches of any relevant limit value in force, the

number of people affected in a certain area, or the number of

dwellings exposed to certain values of a noise indicator in a

certain area<

“the public” means one or more natural or legal persons

and, in accordance with national legislation or practice, their

associations, organisations or groups<

“quiet area in an agglomeration” means an area, delimited

by the competent authority, for instance which is not exposed

to a value of Lden or of another appropriate noise indicator

greater than a certain value set by the competent authority from

any noise source<

“quite area in open country” means an area, delimited by

the competent authority, that is undisturbed by noise from

traffic, industry or recreational activities<

“strategic noise map” means a map designed for the global

assessment of noise exposure in a given area due to different

noise sources or for overall predictions for such an area.

(1)

The competent authority shall>

Implementation

and

responsibilities.

(a) make and, where relevant, approve noise maps and

action plans for agglomerations, major roads, major railways

and major airports<

(b)

collect noise maps and action plans.

(2) The competent authority shall make the information

referred to in subregulation (1) above available to the public.

(1) The competent authority shall apply the noise Noise indicators

and their

indicators Lden and Lnight as referred to in Annex I of Directive application.

2002#49#EC of the European Parliament and of the Council of 25

June 2002 relating to the assessment and management of

environmental noise for the preparation and revision of strategic

noise mapping in accordance with regulation 8 hereof>

Provided that until the use of common assessment methods for

the determination of Lden and Lnight is made obligatory, existing

national noise indicators and related data may be used by the

competent authority for this purpose and should be converted into

the indicators mentioned above as long as this data is not more than

three years old.

(2) The competent authority may use supplementary

noise indicators for special cases such as those listed in paragraph 3

of Annex I of 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<

(3) For acoustical planning and noise zoning, the

competent authority may use other noise indicators than Lden and

Lnight.

(1) The values of Lden and Lnight shall be determined

by means of the assessment methods in Annex II of 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 and upon other methods laid down in any other

regulations.

(2) Until these methods are adopted, Agreement States

may use assessment methods adapted in accordance with Annex II

of 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 and based upon the methods laid down in

their own legislation. The competent authority must demonstrate

that these methods give equivalent results to the results obtained

with the methods set out in paragraph 2.2 of Annex II of 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.

(3) Harmful effects may be assessed by means of the

dose-effect relations referred to in Annex III of 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.

(1) The competent authority shall ensure that no later than

the 30th June, 2007 strategic noise maps showing the situation in

the preceding calendar year have been made for all agglomerations

with more than 250,000 inhabitants and for all major roads which

have more than six million vehicle passages a year, major railways

which have more than 60,000 train passages per year and major

airports within their territories.

(2) The competent authority shall adopt the measures

necessary to ensure that no later than the 30th June, 2012 and every

five years thereafter, strategic noise maps showing the situation in

the preceding calendar year have been made for all agglomerations

and for all major roads and major railways within their territories.

(3) The strategic noise maps shall satisfy the minimum

requirements laid down in Annex IV of 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.

(4) Neighbouring Agreement States shall cooperate

on strategic noise mapping near borders.

(5) The strategic noise maps shall be reviewed, and

revised if necessary, at least every five years after the date of their

preparation.

(1) Not later than the 18th July, 2008 the competent Action plans.

authority has to draw up action plans designed to manage, within its

territories, noise issues and effects, including noise reduction if

necessary for>

(a) places near the major roads which have more than

six million vehicle passages a year, major railways which have

more than 60,000 train passages per year and major airports<

(b) agglomerations with more than 250,000 inhabitants.

Such plans shall also aim to protect quiet areas against an

increase in noise.

The measures within the plans are at the discretion of the

competent authority, but should notably address priorities which may

be identified by exceeding of any relevant limit value or by other

criteria chosen by the competent authority and apply in particular to

the most important areas as established by strategic noise mapping.

(2) Not later than the 18th July, 2013, the competent

authority has to draw up action plans notably to address priorities

which may be identified by the exceeding of any relevant limit value

or by other criteria chosen by the competent authority for the

agglomerations and for the major roads as well as the major railways

within their territories.

(3) The action plans shall meet the minimum

requirements of Annex V of 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.

(4) The action plans shall be reviewed, and revised if

necessary, when a major development occurs affecting the existing

noise situation, and at least every five years after the date of their

approval.

(5) Neighbouring Agreement States shall cooperate

on the action plans for border regions.

(6) The competent authority shall ensure that the public

is consulted about proposals for action plans, given early and

effective opportunities to participate in the preparation and review

of the action plans that the results of that participation are taken into

account and that the public is informed on the decisions taken.

Reasonable time-frames shall be provided allowing sufficient time

for each state of public participation.

(1) The competent authority shall ensure that the

strategic noise maps they have made, and where appropriate adopted,

and the action plans they have drawn up are made available and

disseminated to the public in accordance with the Freedom of Access

to Information on the Environment Regulations, 2001 and in

conformity with Annexes IV and V of 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, including

by means of available information technologies.

(2) This information shall be clear, comprehensible and

accessible. A summary setting out the most important points shall

be provided.

The competent authority shall set up a database of

information on strategic noise maps in order to facilitate the

compilation of a report referred to in regulation 12 and other technical

and informative work.

(1) The report shall in particular assess the need for

further actions on environmental noise and, if appropriate, propose

implementing strategies on aspects such as>

(a) long-term and medium-term goals for the reduction

of the number of persons harmfully affected by environmental

noise<

(b) additional measures for a reduction of the

environmental noise emitted by specific sources, in particular

outdoor equipment, means and infrastructures of transport and

certain categories of industrial activity, building on those

measures already implemented or under discussion for adoption<

(c)

the protection of quiet areas in open country.

(2) The report shall include a review of the acoustic

environment quality in Malta based on the data referred to in

regulation 11 and shall take account of scientific and technical

progress and any other relevant information.

(3) The competent authority shall propose strategies and

measures taking into account the reduction of harmful effects and

the cost-effectiveness ratio shall be the main criteria for the selection

of the strategies and measures proposed.

(4) The competent authority shall be reviewed every five

years or more often if appropriate. It shall contain an assessment of

the implementation of these regulations.

(5) The report shall, if appropriate, be accompanied by

proposals for the amendment of these regulations.

Any person shall be guilty of an offence under these Offences under

these regulations.

regulations if>

(a) he fails to comply with any provision of these

regulations or fails to comply with permit conditions or with

any order lawfully given in terms of any provision of these

regulations<

(b) he contravenes any restriction, prohibitions or

requirement imposed by or under these regulations< or

(c) he acts in contravention of any of the provisions of

these regulations< or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling

or procurement to contravene the provisions of these regulations

or to fail to comply with any such provisions, including any

order lawfully given in terms of any of the provision of these

regulations, or to contravene any restriction, prohibition or

requirement imposed by or under the said regulations.

Any person who commits an offence against these Penalties.

regulations shall, on conviction, be liable>

(a) on a first conviction to a fine (multa) of not less than

five hundred liri but not exceeding one thousand liri<

(b) on a second or subsequent conviction, to a fine (multa)

of not less than one thousand liri, but not exceeding two

thousand liri or to imprisonment for a term not exceeding two

years, or to both such fine and imprisonment>

Provided that the court shall order any person who has been

found guilty of committing an offence against these regulations to

pay for the expenses incurred by the competent authority as a result

of the said offence, the revocation of the permit issued by the

competent authority and the confiscation of the corpus delicti.

(1) The provisions of articles 23 and 30 of the Criminal

the Criminal Code,

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations, so however that the

disqualification from holding or obtaining a licence, permit or

authority shall in no case be for less than one year.

(2) Nothwithstanding the provisions of article 370 of

the Criminal Code, proceedings for an offence against these

regulations shall be held before the Court of Magistrates (Malta) or

the Court of Magistrates (Gozo), as the case may be, and shall be in

accordance with the provisions of the Criminal Code regulating the

procedure before the said courts as courts of criminal judicature.

(3) Nothwithstanding the provisions of the Criminal

Code, the Attorney General shall always have a right of appeal to

the Court of Criminal Appeal from any judgement given by the Court

of Magistrates (Malta) or the court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press