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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 465

ENVIRONMENTAL PROTECTION

The Environmental Noise (Scotland) Regulations 2006

  Made 12th September 2006 
  Laid before the Scottish Parliament 13th September 2006 
  Coming into force 5th October 2006 


ARRANGEMENT OF REGULATIONS


PART 1

GENERAL
1. Citation, commencement and extent
2. Application
3. Interpretation
4. Maps identifying noise sources and quiet areas

PART 2

STRATEGIC NOISE MAPS

CHAPTER 1

GENERAL REQUIREMENTS FOR STRATEGIC NOISE MAPS
5. Strategic noise maps: general requirements

CHAPTER 2

STRATEGIC NOISE MAPS – NOISE SOURCES OTHER THAN AIRPORTS
6. Application and Competent Authority
7. Duty to make, review and revise strategic noise maps

CHAPTER 3

STRATEGIC NOISE MAPS – AIRPORTS
8. Application and Competent Authority
9. Interpretation
10. Duty to make, review and revise strategic noise maps: major airports
11. Duty to make, review and revise strategic noise maps: other airports

PART 3

ACTION PLANS

CHAPTER 1

GENERAL
12. Duty to issue guidance on action plans and consolidated noise maps
13. Action plans: general requirements

CHAPTER 2

ACTION PLANS – NOISE SOURCES OTHER THAN AIRPORTS
14. Competent Authority
15. Duty to draw up, review and revise action plans

CHAPTER 3

ACTION PLANS – AIRPORTS
16. Application and Competent Authority
17. Duty to draw up, review and revise action plans

CHAPTER 4

ACTION PLANS – PUBLIC PARTICIPATION
18. Public participation

CHAPTER 5

IMPLEMENTATION OF ACTION PLANS
19. Implementation of action plans

PART 4

COOPERATION WITH EXTERNAL COMPETENT AUTHORITIES
20. Co operation with external competent authorities

PART 5

ADOPTION OF STRATEGIC NOISE MAPS AND ACTION PLANS
21. Adoption of strategic noise maps
22. Adoption of action plans

PART 6

POWERS OF THE SCOTTISH MINISTERS IN RELATION TO THE FUNCTIONS OF OTHER COMPETENT AUTHORITIES
23. Application
24. Powers of the Scottish Ministers
25. Recovery of expenses

PART 7

INFORMATION TO THE PUBLIC AND GUIDANCE
26. Availability of strategic noise maps, consolidated noise maps and action plans
27. Guidance

  SCHEDULE 1 — MINIMUM REQUIREMENTS FOR STRATEGIC NOISE MAPPING

  SCHEDULE 2 — ASSESSMENT METHODS FOR THE NOISE INDICATORS

  SCHEDULE 3 — SUPPLEMENTARY NOISE INDICATORS

  SCHEDULE 4 — MINIMUM REQUIREMENTS FOR ACTION PLANS

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:



PART 1

GENERAL

Citation, commencement and extent
     1. —(1) These Regulations may be cited as the Environmental Noise (Scotland) Regulations 2006 and shall come into force on 5th October 2006.

    (2) These Regulations extend to Scotland only.

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

Application
     2. —(1) 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.

    (2) These Regulations do not apply to noise that is caused by the person exposed to the noise, 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
     3. —(1) Unless otherwise defined in these Regulations, words and terms used in these Regulations and in the Directive shall have the meaning given in the Directive.

    (2) In these Regulations–

and which is shown on a map or plan prepared and published by the Scottish Ministers in accordance with regulation 4;

and which is shown on a map or plan prepared and published by the Scottish Ministers in accordance with regulation 4;

Maps identifying noise sources and quiet areas
     4. —(1) The Scottish Ministers shall prepare maps or plans showing–

    (2) Every 5 years the Scottish Ministers–

    (3) Certified copies of maps or plans prepared pursuant to paragraph (1) or modified pursuant to paragraph (2)–



PART 2

STRATEGIC NOISE MAPS



CHAPTER 1

GENERAL REQUIREMENTS FOR STRATEGIC NOISE MAPS

Strategic noise maps: general requirements
     5. —(1) Any strategic noise map made or revised under this Part shall satisfy the applicable requirements in Schedule 1.

    (2) A competent authority under regulation 6 or 8 shall apply–

when making or revising strategic noise maps under this Part.

    (3) The values of Lden, Lnight and the supplementary noise indicators shall be determined by means of the assessment methods set out in Schedule 2.

    (4) Subject to paragraph (5) existing noise indicators and related data may be converted into Lden and Lnight.

    (5) The data referred to in paragraph (4) shall not be more than 3 years old.

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



CHAPTER 2

STRATEGIC NOISE MAPS – NOISE SOURCES OTHER THAN AIRPORTS

Application and Competent Authority
     6. This Chapter does not apply to noise from airports and the competent authority for this Chapter is the Scottish Ministers.

Duty to make, review and revise strategic noise maps
     7. —(1) No later than 30th June 2007 the competent authority shall make and, in accordance with regulation 21, adopt strategic noise maps showing the situation in the preceding calendar year for all–

    (2) No later than 30th June 2012, and thereafter every 5 years, the competent authority shall make and, in accordance with regulation 21, adopt strategic noise maps showing the situation in the preceding calendar year for all–

    (3) Every 5 years, and whenever a major development occurs affecting the existing noise situation, the competent authority shall–

any strategic noise map made pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 21.



CHAPTER 3

STRATEGIC NOISE MAPS – AIRPORTS

Application and Competent Authority
     8. This Chapter applies to noise from airports and the competent authority for this Chapter is the airport operator.

Interpretation
     9. —(1) In this Chapter–

    (2) Any requirement in this Chapter to submit input data to the Scottish Ministers is a requirement to submit that input data in a format that–

Duty to make, review and revise strategic noise maps: major airports
     10. —(1) This regulation applies to major airports.

    (2) No later than 31st March 2007, and thereafter every 5 years, the competent authority shall–

    (3) Every 5 years, and whenever a major development occurs affecting the existing noise situation, the competent authority shall–

any strategic noise map made pursuant to paragraph (2) and adopted pursuant to regulation 21.

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

Duty to make, review and revise strategic noise maps: other airports
     11. —(1) This regulation applies to airports other than major airports.

    (2) Where air traffic from the airport results in air traffic
noise anywhere within a first round agglomeration, no later than 31st March 2007 the competent authority shall, in relation to that noise

    (3) Where air traffic from the airport results in air traffic noise anywhere within an agglomeration, no later than 31st March 2012 and thereafter every 5 years, the competent authority shall, in relation to that noise

    (4) Every 5 years, and whenever a major development occurs affecting the existing noise situation, the competent authority shall–

any strategic noise map made pursuant to paragraphs (2) or (3) and adopted pursuant to regulation 21.

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



PART 3

ACTION PLANS



CHAPTER 1

GENERAL

Duty to issue guidance on action plans and consolidated noise maps
     12. —(1) No later than 18th July 2007 the Scottish Ministers shall issue guidance on the preparation and content of action plans.

    (2) The Scottish Ministers shall compile a consolidated
noise map comprising all strategic noise maps that are adopted from time to time pursuant to regulation 21.

Action plans: general requirements
     13. —(1) Any action plan drawn up or revised under this Part shall–

    (2) Paragraph (3) applies to–

drawn up under this Part for a first round agglomeration or an agglomeration.

    (3) Any action plan and any revision of an action plan shall be based upon and apply in particular to the most important areas as established by–



CHAPTER 2

ACTION PLANS – NOISE SOURCES OTHER THAN AIRPORTS

Competent Authority
     14. The competent authority for this Chapter is the Scottish Ministers.

Duty to draw up, review and revise action plans
    
15. —(1) No later than 18th July 2008 the competent authority shall draw up action plans for–

    (2) No later than 18th July 2013 the competent authority shall draw up action plans for–

    (3) Every 5 years, and whenever a major development occurs affecting the existing noise situation, the competent authority shall–

action plans drawn up pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 22.



CHAPTER 3

ACTION PLANS – AIRPORTS

Application and Competent Authority
     16. This Chapter applies to noise from–

and the competent authority is the airport operator.

Duty to draw up, review and revise action plans
     17. —(1) No later than 30th April 2008 the competent authority shall–

    (2) If the competent authority was not required to draw up an action plan pursuant to paragraph (1), no later than 30th April 2013 the competent authority shall–

    (3) Every 5 years, and whenever a major development occurs affecting the existing noise situation, the competent authority shall–

action plans drawn up pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 22.

    (4) An action plan revised pursuant to paragraph (3) shall be submitted to the Scottish Ministers within 3 working days of its revision.



CHAPTER 4

ACTION PLANS – PUBLIC PARTICIPATION

Public participation
     18. In preparing and revising action plans the competent authorities under regulations 14 and 16 shall ensure that–



CHAPTER 5

IMPLEMENTATION OF ACTION PLANS

Implementation of action plans
    
19. —(1) Subject to paragraphs (2) and (3), where an action plan–

that public authority shall use all reasonable endeavours to take that action.

    (2) Paragraph (1) shall not have effect where a public authority, other than the Scottish Ministers–

    (3) Paragraph (1) shall not have effect where the Scottish Ministers–

    (4) In this regulation "public authority" includes any person who exercises functions of a public nature, but does not include–



PART 4

COOPERATION WITH EXTERNAL COMPETENT AUTHORITIES

Co operation with external competent authorities
    
20. —(1) A competent authority under these Regulations (which shall include the Scottish Ministers for the purposes of their functions under Part 5 of these Regulations) shall co operate with an external competent authority–

    (2) In this Part "external competent authority" means a competent authority designated in relation to England, Northern Ireland, or Wales for the purposes of Article 4 of the Directive.



PART 5

ADOPTION OF STRATEGIC NOISE MAPS AND ACTION PLANS

Adoption of strategic noise maps
     21. —(1) If the Scottish Ministers consider that a strategic noise map–

meets the requirements of regulation 5, they shall adopt the map.

    (2) If the Scottish Ministers consider that a strategic noise map submitted to them pursuant to regulation 10 or 11 or paragraph (4) does not meet the requirements of regulation 5 they shall–

    (3) If a strategic noise map is rejected pursuant to paragraph (2)(b) the Scottish Ministers shall notify the competent authority that submitted it of–

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

    (5) If the Scottish Ministers amend a strategic noise map–

they shall take such steps as they consider appropriate for ensuring that the map complies with the requirements of regulation 5.

Adoption of action plans
     22. —(1) If the Scottish Ministers consider that an action plan–

meets the requirements of regulation 13, they may adopt the action plan.

    (2) Paragraph (3) applies if–

    (3) Where this paragraph applies the Scottish Ministers shall–

    (4) If an action plan is rejected pursuant to paragraph (3)(b) the Scottish Ministers shall notify the competent authority that submitted it of–

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

    (6) If the Scottish Ministers amend an action plan–

they shall take such steps as they consider appropriate for ensuring that the action plan complies with the requirements of these Regulations.



PART 6

POWERS OF THE SCOTTISH MINISTERS IN RELATION TO THE FUNCTIONS OF OTHER COMPETENT AUTHORITIES

Application
    
23. This Part applies to any functions under these Regulations exercised by a competent authority other than the Scottish Ministers.

Powers of the Scottish Ministers
    
24. —(1) The Scottish Ministers 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)–

    (3) If a competent authority receives a request pursuant to paragraph (1) it shall respond–

    (4) Where–

Recovery of expenses
    
25. —(1) Where the Scottish Ministers incur expenses pursuant to–

they may recover those expenses from the relevant competent authority.

    (2) In this regulation "relevant competent authority" means–



PART 7

INFORMATION TO THE PUBLIC AND GUIDANCE

Availability of strategic noise maps, consolidated noise maps and action plans
     26. —(1) Any–

shall include prominently displayed wording identifying it as a draft subject to adoption by the Scottish Ministers.

    (2) Any–

shall be published by the Scottish Ministers in accordance with the requirements of paragraph (3).

    (3) Any strategic noise map, consolidated noise map or action plan published pursuant to paragraph (2) shall be accompanied by a summary setting out the most important points.

    (4) Certified copies of such strategic noise maps, consolidated noise maps and action plans–

Guidance
     27. —(1) The Scottish Ministers may from time to time issue such guidance as they consider appropriate in relation to the operation of these Regulations.

    (2) Any person having functions under these Regulations shall have regard to such guidance.


RHONA BRANKIN
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
12th September 2006



SCHEDULE 1
Regulations 5 and 9


MINIMUM REQUIREMENTS FOR STRATEGIC NOISE MAPPING


Interpretation
     1. In this Schedule–

to display the information described in paragraphs 1.5, 1.6, 1.7, 2.5, 2.6 and 2.7 of Annex VI to the Directive;

General requirements for strategic noise maps
     2. —(1) Strategic noise maps and their revisions shall–

    (2) In applying sub-paragraph (1)(a) any reference in Annex IV to the Directive to–

Requirements for strategic noise maps for agglomerations
     3. —(1) This paragraph applies only to–

    (2) Strategic noise maps shall–

Requirements for strategic noise maps for major roads, major railways and major airports
     4. —(1) This paragraph applies only to–

    (2) Strategic noise maps shall–



SCHEDULE 2
Regulation 5


ASSESSMENT METHODS FOR THE NOISE INDICATORS


Introduction
     1. —(1) The values of Lden, Lnight and the supplementary noise indicators shall be determined by computation (at the assessment position).

    (2) In this Schedule–

Assessment method for road traffic noise indicators
     2. For road traffic noise indicators the assessment method "Calculation of road traffic noise" (Department of Transport, 7th June 1988, HMSO)[7] shall be used, adapted using the report "Method for converting the UK road traffic noise index LA10,18h to the EU noise indices for road noise mapping" (DEFRA, 24th January 2006)[8].

Assessment method for railway noise indicators
     3. For railway noise indicators the assessment methods–

shall be used, adapted as shown in Figure 6.5 of the report "Rail and wheel roughness – implications for noise mapping based on the Calculation of Railway Noise procedure" (DEFRA, March 2004)[11].

Assessment methods for aircraft noise indicators
     4. For aircraft noise indicators the assessment method "Report on Standard Method of Computing Noise Contours around Civil Airports" (Second Edition, European Civil Aviation Conference, 2 3 July 1997)[12] shall be used in accordance with paragraph 2.4 of the Annex to the Recommendation.

Assessment methods for industrial noise indicators and port noise indicators
     5. —(1) For industrial noise indicators and port noise indicators the propagation assessment method described in "ISO 9613 2:1996 Acoustics – Attenuation of sound during propagation outdoors – Part 2: General method of calculation" (International Standards Organisation, 1996)[13] shall be used in accordance with paragraph 2.5 of the Annex to the Recommendation.

    (2) Suitable noise emission data (input data) for "ISO 9613 2:1996 Acoustics – Attenuation of sound during propagation outdoors – Part 2: General method of calculation" can be obtained either from measurements carried out in accordance with one of the following methods:

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, 13th January 2006)[17].



SCHEDULE 3
Regulation 5


SUPPLEMENTARY NOISE INDICATORS


Interpretation
     1. In this Schedule–

Road Traffic Noise
     2. The supplementary noise indicators in relation to road traffic noise are–

Railway Noise
     3. The supplementary noise indicators in relation to railway noise are–

Aircraft Noise
     4. The supplementary noise indicators in relation to aircraft noise are–

Industrial Noise and Port Noise
     5. The supplementary noise indicators in relation to industrial noise and port noise are–



SCHEDULE 4
Regulation 13


MINIMUM REQUIREMENTS FOR ACTION PLANS


General
     1. —(1) An action plan shall–

    (2) In applying sub-paragraph (1) any reference in Annex V to the Directive to–



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations implement Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental
noise (O.J. No. L 189, 18.07.02, p. 12) ("the Directive"). They extend to Scotland only.

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

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

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

Regulation 5 and Schedule 3 specify which noise indicators and supplementary noise indicators shall be used in making the strategic noise maps. Schedule 2 sets out the assessment methods to be used in calculating the values of noise indicators. Different methods are specified for each noise source.

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

Regulation 13 sets out the requirements for action plans.

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

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

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

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

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

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

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

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

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

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

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


Notes:

[1] 1972 c.68. Section 2(2) of the 1972 Act was amended by the Scotland Act 1998 (c.46), Schedule 8 paragraph 15(3). The function conferred on the Minister of the Crown was, in so far as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] ISBN 0-580-42224-0.back

[3] O.J. No. L 189, 18.07.02, p.12.back

[4] 1984 c.54. There are amendments to section 7 not relevant to these Regulations.back

[5] SPIRE Programme, Product Reference: SIP–DP– 011.back

[6] O.J. No. L 212, 22.8.03, p.49.back

[7] ISBN 0115508473.back

[8] Prepared by TRL Limited and Casella Stanger, Document Reference st/05/91/AGG04442.back

[9] ISBN 0115517545.back

[10] ISBN 0115518738.back

[11] Prepared by AEA Technology plc, Document Reference: AEATR-PC&E-2003-002.back

[12] Adopted by the Twenty-First Plenary Session of ECAC, Document Reference: ECAC.CEAC Doc. 29.back

[13] International Organisation for Standardization ().back

[14] British Standards Institute (http://www.standardsdirect.org/standards/standards3/StandardsCatalogue24_view_23347.html).back

[15] British Standards Institute (http://www.standardsdirect.org/standards/standards2/StandardsCatalogue24_view_19606.html).back

[16] British Standards Institute (http://www.standardsdirect.org/standards/standards2/StandardsCatalogue24_view_19608.html).back

[17] European Commission Working Group Assessment of Exposure to Noise (http://www.defra.gov.uk/environment/noise/mapping/exposure/pdf/exposuredata-guide.pdf).back



ISBN 0 11 071012 6


 © Crown copyright 2006

Prepared 20 September 2006


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