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STATUTORY INSTRUMENTS


2006 No. 2238

ENVIRONMENTAL PROTECTION, ENGLAND

The Environmental Noise (England) Regulations 2006

  Made 8th August 2006 
  Laid before Parliament 7th September 2006 
  Coming into force 1st October 2006 

The Secretary of State is a Minister 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. The Secretary of State makes these Regulations in exercise of the powers conferred by that section.



PART 1

GENERAL

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

    (2) These Regulations apply in England.

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

    (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 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.

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—

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

    (2) No later than 31st December 2011 the Secretary of State must, in the form of regulations, identify all—

    (3) In any relevant year the Secretary of State must, in the form of regulations, identify—

as necessary if he considers that the most recent regulations produced pursuant to paragraph (2) are no longer appropriate.

    (4) In paragraph (3) "relevant year" means 2016 and every fifth year thereafter.

    (5) When discharging his duty under paragraph (1)(a) to identify first round agglomerations the Secretary of State must identify areas—

    (6) When discharging his duty under paragraph (2)(a) or (3)(a) to identify agglomerations the Secretary of State must identify areas—

    (7) When discharging his duty under paragraph (1)(b) to identify first round major roads the Secretary of State must identify roads which—

    (8) When discharging his duty under paragraph (2)(b) or (3)(b) to identify major roads the Secretary of State must identify roads which—

    (9) When discharging his duty under paragraph (1)(c) to identify first round major railways the Secretary of State must identify railways which have more than 60,000 train passages per year.

    (10) When discharging his duty under paragraph (2)(c) or (3)(c) to identify major railways the Secretary of State must identify railways which have more than 30,000 train passages per year.

    (11) When discharging his duty under paragraph (1)(d), (2)(d) or (3)(d) to identify major airports the Secretary of State must identify civil airports which have more than 50,000 movements per year (a movement being a take-off or a landing), excluding those purely for training purposes on light
aircraft.



PART 2

STRATEGIC NOISE MAPS



CHAPTER 1

GENERAL REQUIREMENTS FOR STRATEGIC NOISE MAPS

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

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

when making or revising strategic noise maps under this Part.

    (3) The values of Lden, Lnight and the supplementary noise indicators must be determined by 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) must not be more than three years old.

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



CHAPTER 2

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

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

Competent Authority
     6. The competent authority for this Chapter is the Secretary of State.

Duty to make, review and revise strategic
noise maps
     7. —(1) No later than 30th 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—

    (2) No later than 30th 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—

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

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



CHAPTER 3

STRATEGIC NOISE MAPS – NON-DESIGNATED AIRPORTS

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

Interpretation
     9. —(1) In this Chapter—

    (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—

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

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

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

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

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

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

Duty to make, review and revise strategic noise maps: non-designated other airports
     12. —(1) This regulation applies to non-designated other airports.

    (2) No later than 31st March 2007 the competent authority must—

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

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

any strategic noise map made pursuant to paragraphs (2) or (3) and adopted pursuant to regulation 23.

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

    (6) In this regulation—

anywhere within the first round agglomeration;

anywhere within the agglomeration.



PART 3

QUIET AREAS

Identification of quiet areas
     13. —(1) No later than—

the Secretary of State must, in the form of regulations, identify quiet areas in those agglomerations.

    (2) Paragraph (3) applies if the Secretary of State considers that the most recent regulations produced pursuant to this regulation are no longer appropriate.

    (3) No later than 30th September in any relevant year the Secretary of State must, if he considers it necessary, in the form of regulations identify quiet areas in agglomerations.

    (4) In paragraph (3) "relevant year" means 2017 and every fifth year thereafter.



PART 4

ACTION PLANS



CHAPTER 1

GENERAL

Duty to publish criteria or limit values and a consolidated
noise map
     14. —(1) No later than 18th July 2007 the Secretary of State must publish guidance setting out limit values or other criteria for the identification of priorities for action plans.

    (2) No later than 1st October 2007 the Secretary of State must compile and publish a consolidated
noise map from all strategic noise maps that are made or revised pursuant to regulation 7, 11 or 12 and adopted pursuant to regulation 23.

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

    (2) Paragraph (3) applies to—

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

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



CHAPTER 2

ACTION PLANS – NOISE SOURCES OTHER THAN AIRPORTS

Competent Authority
     16. The competent authority for this Chapter is the Secretary of State.

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

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

    (3) Paragraph (4) applies—

    (4) The competent authority must—

the action plan.



CHAPTER 3

ACTION PLANS – AIRPORTS

Competent authority
     18. This Chapter applies to—

and the competent authority is the airport operator.

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

    (2) Paragraph (3) only applies if the competent authority was not required to draw up an action plan for the airport pursuant to paragraph (1) because it was not the competent authority on or before 30th April 2008.

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

    (4) Paragraph (5) applies—

    (5) The competent authority must—

the action plan.

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



CHAPTER 4

ACTION PLANS - PUBLIC PARTICIPATION

Public participation
     20. —(1) In preparing and revising action plans the competent authorities under regulations 16 and18 must ensure that—



CHAPTER 5

IMPLEMENTATION OF ACTION PLANS

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

that public authority must treat the action plan as its policy insofar as it relates to that action.

    (2) A public authority may depart from any policy mentioned in paragraph (1) if—

with written reasons for departing from that policy; and

(b) it publishes those reasons.


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20062238.html