ASSESSMENT AND MANAGEMENT OF ENVIRONMENT NOISE REGULATIONS

SUBSIDIARY LEGISLATION 549.37

ASSESSMENT AND MANAGEMENT OF

ENVIRONMENT NOISE REGULATIONS

23rd April, 2004

LEGAL NOTICE 193 of 2004, as amended by Legal Notices 426 of 2007,

366 of 2018 and 35 of 2022.

The title of these regulations is the Assessment and

Management of Environment Noise Regulations.

NOISE INDICATORS REFERRED TO IN REGULATION 6

1. Definition of the day-evening-night level L den

The day-evening-night level L den in decibels (dB) is defined by

the following formula

in which

- L day is the A-weighted long-term average sound level

as defined in ISO 1996-2: 1987, determined over all

the day periods of a year,

- L evening is the A-weighted long-term average sound

level as defined in ISO 1996-2: 1987, determined over

all the evening periods of a year,

- L night is the A-weighted long-term average sound level

as defined in ISO 1996-2: 1987, determined over all

the night periods of a year;

in which

- the day is twelve hours, the evening four hours and the

night eight hours. The competent authority may

shorten the evening period by one or two hours and the

day and/or night period may be accordingly

lengthened, provided that this choice is the same for all

the sources and provided further that any systematic

difference from the default option shall be reported to

the European Commission,

- the start of the day (and consequently the start of the

evening and the start of the night) shall be

appropriately chosen by the competent authority (this

choice shall be the same for noise from all sources);

the default values are 07.00 to 19.00, 19.00 to 23.00

and 23.00 to 07.00 local time,

- a year is a relevant year as regards the emission of

sound and an average year as regards the

ASSESSMENT AND MANAGEMENT OF ENVIRONMENT NOISE

meteorological circumstances;

and in which

- the incident sound is considered, which means that no

account is taken of the sound that is reflected at the

façade of the dwelling under consideration (as a

general rule, this implies a 3 dB correction in case of

measurement).

The height of the L den assessment point depends on the

application

- in the case of computation for the purpose of strategic

noise mapping in relation to noise exposure in and near

buildings, the assessment points must be 4,0 ± 0,2m

(3,8 to 4,2m) above the ground and at the most exposed

façade; for this purpose, the most exposed façade will

be the external wall facing onto and nearest to the

specific noise source; for other purposes other choices

may be made,

- in the case of measurement for the purpose of strategic

noise mapping in relation to noise exposure in and near

buildings, other heights may be chosen, but they must

never be less than 1,5m above the ground, and results

should be corrected in accordance with an equivalent

height of 4m,

- for other purposes such as acoustical planning and noise

zoning other heights may be chosen, but they must

never be less than 1,5m above the ground, for example

for

- rural areas with one-storey houses,

- the design of local measures meant to reduce the noise

impact on specific dwellings,

- the detailed noise mapping of a limited area, showing

the noise exposure of individual dwellings.

2. Definition of the night-time noise indicator

The night-time noise indicator L night is the A-weighted long-

term average sound level as defined in ISO 1996-2: 1987,

determined over all the night periods of a year;

in which

- the night is eight hours as defined in paragraph 1,

- a year is a relevant year as regards the emission of

sound and an average year as regards the

meteorological circumstances, as defined in paragraph

1,

- the incident sound is considered, as laid down in

paragraph 1, the assessment point is the same as for

L den .

3. Supplementary noise indicators

In some cases, in addition to L den and L night , and where

appropriate L day and L evening , it may be advantageous to use

special noise indicators and related limit values. Some examples

are given below

- the noise source under consideration operates only for a

small proportion of the time (for example, less than

20% of the time over the total of the day periods in a

year, the total of the evening periods in a year, or the

total of the night periods in a year),

- the average number of noise events in one or more of

the periods is very low (for example, less than one

noise event an hour; a noise event could be defined as a

noise that lasts less than five minutes; examples are the

noise from a passing train or a passing aircraft),

- the low-frequency content of the noise is strong,

- L Amax , or SEL (sound exposure level) for night period

protection in the case of noise peaks,

- extra protection at the weekend or a specific part of the

year,

- extra protection of the day period,

- extra protection of the evening period,

- a combination of noises from different sources,

- quiet areas in open country,

- the noise contains strong tonal components,

- the noise has an impulsive character.

ASSESSMENT AND MANAGEMENT OF ENVIRONMENT NOISE

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

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.

ASSESSMENT METHODS FOR THE NOISE INDICATORS

REFERRED TO IN REGULATION 7(1)

Refer to Annex II to Directive 2002/49/EC of the European

Parliament and of the Council, as amended.

These regulations bring into effect the provisions 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 as amended by Commission Directive (EU) 2015/996 of 19 May

2015, Commission Directive (EU) 2020/367 of 4 March 2020 and

Commission Delegated Directive (EU) 2021/1226 of 21 December

2020.

ASSESSMENT METHODS FOR HARMFUL EFFECTS

REFERRED TO IN REGULATION 7(2)

1. Set of harmful effects

For the purposes of the assessment of harmful effects the

following shall be considered

—

ischaemic heart disease (IHD) corresponding to codes

BA40 to BA6Z of the international classification ICD-11 established

by the World Health Organisation;

—

high annoyance (HA);

—

high sleep disturbance (HSD).

2. Calculation of harmful effects

The harmful effects shall be calculated by either of the

following

—

the relative risk (RR) of a harmful effect defined as

(Formula 1)

—

the absolute risk (AR) of a harmful effect defined as

(Formula 2)

2.1.

IHD

For the calculation of the RR, with respect to the harmful effect

of IHD and concerning the incidence rate (i), the following dose-effect

relations shall be used

(Formula 3) for road noise.

2.2.

HA

For the calculation of the AR, with respect to the harmful effect

of HA the following dose-effect relations shall be used

for road noise;

for railway noise;

for aircraft noise.

2.3

HSD

For the calculation of the AR, with respect to the harmful effect

of HSD the following dose-effect relations shall be used

for road noise;

for railway noise;

for aircraft noise.

3. Assessment of harmful effects

3.1

The exposure of the population shall be assessed

independently for each noise source and harmful effect. Where the

same people are simultaneously exposed to different noise sources, the

harmful effects may, in general, not be cumulated. However, those

effects may be compared to assess the relative importance of each

noise.

3.2

Assessment for IHD

3.2.1. For IHD in the case of railway and aircraft noise, the

population exposed above adequate L den levels is estimated as subject

to an increased risk of IHD, while the exact number N of cases of IHD

cannot be calculated.

3.2.2. For IHD in the case of road noise, the proportion of

cases of the specific harmful effect in the population exposed to a RR

that is calculated to be caused by environmental noise is derived, for

the noise source x (road), harmful effect y (IHD) and for the incidence

i by

(Formula 10)

Where

—

PAF x,y is the population attributable fraction,

—

the set of j noise bands is made up of single bands

spanning over a maximum of 5 dB (e.g.: 50-51 dB, 51-52 dB, 52-53

dB, etc. or 50-54 dB, 55-59 dB, 60-64 dB, etc.),

—

p j is the proportion of the overall population P in the area

assessed that is exposed to the j-th exposure band, which is associated

with a given RR of a specific harmful effect RR j,x,y . The RR j,x,y is

calculated using the formulas described in point 2 of this Schedule,

calculated at the central value of each noise band (e.g.: depending on

availability of data, at 50,5 dB for the noise band defined between 50-

51 dB, or 52 dB for the noise band 50-54 dB).

3.2.3. For IHD in the case of road noise, the total number N of

cases of IHD (people affected by the harmful effect y; number of

attributable cases) due to the source x is then

N x,y = PAF x,y,i * I y * P (Formula 11)

for road.

Where

—

PAFx,y,i is calculated for the incidence i,

—

Iy is the incidence rate of IHD in the area under

assessment, that can be obtained from statistics on health for the

region or country where the area is,

—

P is the total population of the area under assessment (the

sum of the population in the different noise bands).

3.3. For HA and HSD in the case of road, railway and aircraft

noise, the total number N of people affected by the harmful effect y

(number of attributable cases) due to the source x, for each

combination of noise source x (road, railway or aircraft source) and

harmful effect y (HA, HSD), is then

Where

—

AR x,y is the AR of the relevant harmful effect (HA,

HSD), and is calculated using the formulas set out in point 2 of this

Schedule, calculated at the central value of each noise band (e.g.

depending on availability of data, at 50,5 dB for the noise band defined

between 50-51 dB, or 52 dB for the noise band 50-54 dB),

—

n j is the number of people that is exposed to the j-th

exposure band.

4. Future revisions

The dose-effect relations introduced by future revisions of this

Schedule will concern in particular

—

the relation between annoyance and L den for industrial

noise,

—

the relation between sleep disturbance and L night for

industrial noise.

If necessary, specific dose-effect relations could be presented

for

—

dwellings with special insulation against noise as defined

in the Sixth Schedule,

—

dwellings with a quiet façade as defined in the Sixth

Schedule,

—

different climates/different cultures,

—

vulnerable groups of the population,

—

tonal industrial noise,

—

impulsive industrial noise and other special cases.

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 Environment and Resources

Authority as prescribed by the Nomination of the Competent

Authority Order, 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;

"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 Iune 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 First

Schedule;

"Levening evening-noise indicator" means the noise indicator for

annoyance during the evening period, as further defined in First

Schedule;

"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 First Schedule;

"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;

"quiet 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.

MINIMUM REQUIREMENTS FOR STRATEGIC NOISE

MAPPING REFERRED TO IN REGULATION 8(3)

1. A strategic noise map is the presentation of data on one

of the following aspects

- an existing, a previous or a predicted noise situation in

terms of a noise indicator,

- the exceeding of a limit value,

- the estimated number of dwellings, schools and

hospitals in a certain area that are exposed to specific

values of a noise indicator,

- the estimated number of people located in an area

exposed to noise.

2. Strategic noise maps may be presented to the public as

- graphical plots,

- numerical data in tables,

- numerical data in electronic form.

3. Strategic noise maps for agglomerations shall put a

special emphasis on the noise emitted by

- road traffic,

- rail traffic,

- airports,

- industrial activity sites, including ports.

4. Strategic noise mapping will be used for the following

purposes

- compliance with Malta’s reporting obligations under

Directive 2002/49/EC of the European Parliament and

of the Council of 25 June 2002 relating to assessment

and management of environmental noise,

- a source of information for citizens in accordance with

regulation 10,

- a basis for action plans in accordance with regulation 9.

- Each of those applications requires a different type of

strategic noise map.

5. Minimum requirements for the strategic noise maps

concerning the data to be sent to the European Commission are set out

in paragraphs 1.5, 1.6, 2.5, 2.6 and 2.7 of the Sixth Schedule.

6. For the purposes of informing the citizen in accordance

with regulation 10 and the development of action plans in accordance

with regulation 9, additional and more detailed information must be

given, such as

- a graphical presentation,

- maps disclosing the exceeding of a limit value,

- difference maps, in which the existing situation is

compared with various possible future situations,

- maps showing the value of a noise indicator at a height

other than 4m where appropriate.

The competent authority may lay down rules on the types and

formats of these noise maps.

7. Strategic noise maps for local or national application

must be made for an assessment height of 4m and the 5dB ranges of

L den and L night as defined in the Sixth Schedule.

8. For agglomerations separate strategic noise maps must

be made for road-traffic noise, rail-traffic noise, aircraft noise and

industrial noise. Maps for other sources may be added.

(1)

The competent authority shall

(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 sub-regulation (1) available to the public.

MINIMUM REQUIREMENTS FOR ACTION PLANS

REFERRED TO IN REGULATION 9

1. An action plan must include at least the following

elements

- a description of the agglomeration, the major roads, the

major railways or major airports and other noise

sources taken into account,

- the authority responsible,

- the legal context,

- any limit values in place,

- a summary of the results of the noise mapping,

- an evaluation of the estimated number of people

exposed to noise, identification of problems and

situations that need to be improved,

- a record of the public consultations organised in

accordance with regulation 9(6),

- any noise-reduction measures already in force and any

projects in preparation,

- actions which the competent authority intends to take in

the next five years, including any measures to preserve

quiet areas,

- long-term strategy,

- financial information (if available): budgets, cost-

effectiveness assessment, cost-benefit assessment,

- provisions envisaged for evaluating the implementation

and the results of the action plan.

2. The actions which the competent authority intends to

take in the fields within its competence may for example include

- traffic planning,

- land-use planning,

- technical measures at noise sources,

- selection of quieter sources,

- reduction of sound transmission,

- regulatory or economic measures or incentives.

3. Each action plan should contain estimates in terms of the

reduction of the number of people affected (annoyed, sleep disturbed,

or other).

(1) The competent authority shall apply the noise

indicators Lden and Lnight as referred to in First Schedule for the

preparation and revision of strategic noise mapping in accordance

with regulation 8

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

First Schedule.

(3) For acoustical planning and noise zoning, the competent

authority may use other noise indicators than Lden and Lnight.

ADDITIONAL DATA REFERRED TO IN REGULATION 11

The following data is to be sent to the European Commission

1. For agglomerations

1.1. A concise description of the agglomeration

location, size, number of inhabitants.

1.2.

The responsible authority.

1.3. Noise-control programmes that have been carried

out in the past and noise-measures in place.

1.4. The computation or measurement methods that

have been used.

1.5. The estimated number of people (in hundreds)

living in dwellings that are exposed to each of the following

bands of values of L den in dB 4m above the ground on the most

exposed façade: 55-59, 60-64, 65-69, 70-74, > 75, separately

for noise from road, rail and air traffic, and from industrial

sources. The figures must be rounded to the nearest hundred

(e.g. 5200 = between 5150 and 5249; 100 = between 50 and

149; 0 = less than 50).

In addition it should be stated, where appropriate and

where such information is available, how many persons in the

above categories live in dwellings that have

- special insulation against the noise in question,

meaning special insulation of a building against one or

more types of environmental noise, combined with such

ventilation or air conditioning facilities that high values

of insulation against environmental noise can be

maintained,

- a quiet façade, meaning the façade of a dwelling

at which the value of L den 4m above the ground and 2m

in front of the façade, for the noise emitted from a

specific source, is more than 20dB lower than at the

façade having the highest value of L den .

An indication should also be given on how major roads,

ASSESSMENT AND MANAGEMENT OF ENVIRONMENT NOISE

major railways and major airports as defined in regulation 4

contribute to the above.

1.6. The estimated total number of people (in

hundreds) living in dwellings that are exposed to each of the

following bands of values of L night in dB 4m above the ground

on the most exposed façade: 50-54, 55-59, 60-64, 65-69, >70,

separately for road, rail and air traffic and for industrial sources.

In addition it should be stated, where appropriate and

where such information is available, how many persons in the

above categories live in dwellings that have

- special insulation against the noise in question,

as defined in paragraph 1.5,

- a quiet façade, as defined in paragraph 1.5.

It must also be indicated how major roads, major

railways and major airports contribute to the above.

1.7. In case of graphical presentation, strategic maps

must at least show the 60, 65, 70 and 75dB contours.

1.8. A summary of the action plan covering all the

important aspects referred to in the Fifth Schedule, not

exceeding ten pages in length.

2. For major roads, major railways and major airports

2.1. A general description of the roads, railways or

airports: location, size, and data on the traffic.

2.2. A characterisation of their surroundings

agglomerations, villages, countryside or otherwise, information

on land use, other major noise sources.

2.3. Noise-control programmes that have been carried

out in the past and noise-measures in place.

2.4. The computation or measurement methods that

have been used.

2.5. The estimated total number of people (in

hundreds) living outside agglomerations in dwellings that are

exposed to each of the following bands of values of L den in dB

4m above the ground and on the most exposed façade: 55-59,

60-64, 65-69, 70-74, >75.

In addition it should be stated, where appropriate and

where such information is available, how many persons in the

above categories live in dwellings that have

- special insulation against the noise in question,

as defined in paragraph 1.5,

- a quiet façade, as defined in paragraph 1.5.

2.6. The estimated total number of people (in

hundreds) living outside agglomerations in dwellings that are

exposed to each of the following bands of values of L night in dB

4m above the ground and on the most exposed façade: 50-54,

55-59, 60-64, 65-69, >70.

In addition it should be stated, where appropriate and

where such information is available, how many persons in the

above categories live in dwellings that have

- special insulation against the noise in question,

as defined in paragraph 1.5,

- a quiet façade, as defined in paragraph 1.5.

2.7. The total area (in km 2 ) exposed to values of L den

higher than 55, 65 and 75dB respectively. The estimated total

number of dwellings (in hundreds) and the estimated total

number of people (in hundreds) living in each of these areas

must also be given. Those figures must include agglomerations.

The 55 and 65dB contours must also be shown on one or

more maps that give information on the location of villages,

towns and agglomerations within those contours.

2.8. A summary of the action plan covering all the

important aspects referred to in the Fifth Schedule, not

exceeding ten pages in length.

3. Guidelines

The European Commission may develop guidelines to provide

further guidance on the above provision of information, in accordance

with Article 13(2) of Directive 2002/49/EC of the European

Parliament and of the Council of 25 June 2002 relating to assessment

and management of environmental noise.

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

means of the assessment methods in the Second Schedule and upon

other methods laid down in any other regulations.

(2) Harmful effects may be assessed by means of the dose-

effect relations referred to in the Third Schedule.

(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 the Fourth Schedule.

(4) Neighbouring Agreement States shall cooperate on strategic

noise mapping near borders.

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

n e c e s s a r y, a t l e a s t e v e r y f i v e y e a r s a f t e r t h e d a t e o f t h e i r

preparation.

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

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) agglornerations 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 l8th 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

the Fifth Schedule.

(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, and in

conformity with the Fourth and Fifth Schedules, 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.

In order to satisfy its reporting requirements under 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, the competent authority shall submit to the European

Commission the information in the Sixth Schedule, together with the

strategic noise maps referred to in regulation 8 and the action plans

referred to in regulation 9.

Any person shall be guilty of an offence under these

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

regulations shall, on conviction, be liable

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

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

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

of not less than two thousand and three hundred and

twenty-nine euro and thirty-seven cents (€2,329.37),

but not exceeding four thousand and six hundred and

fifty-eight euro and seventy-five cents (€4,658.75) 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

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) Notwithstanding 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) Notwithstanding 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.

The First Schedule to the Sixth Schedule to these regulations

are being published in the English language in the English text of these

regulations in accordance with article 54(3) of the Act.