The Environmental Noise Regulations (Northern Ireland) 2006

PART 5 ADOPTION OR APPROVAL OF STRATEGIC NOISE MAPS AND ACTION PLANS

Adoption or approval of strategic noise maps

46.—(1) If the Department considers that a strategic noise map—

(a) submitted to it pursuant to regulation 11, or 14;

(b) submitted to it pursuant to paragraph (6);

meets the requirements of regulation 4, it shall approve the map.

(2) If the Department considers that a strategic noise map submitted to it pursuant to regulation 11, or 14 or paragraph (6) does not meet the requirements of regulation 4 it may—

(a) amend and approve the map; or

(b) reject the map.

(3) If the Department considers that a strategic noise map—

(a) submitted to it pursuant to regulation 8, or 19;

(b) submitted to it pursuant to paragraph (6); or

(c) made or revised by it;

meets the requirements of regulation 4, the Department shall adopt the map.

(4) If the Department considers that a strategic noise map submitted to it pursuant to regulation 8, or 19 or paragraph (6) does not meet the requirements of regulation 4 it may—

(a) amend and adopt the map; or

(b) reject the map.

(5) If a strategic noise map is rejected pursuant to paragraph (2)(b) or (4)(b) the Department shall notify the competent authority that submitted it of—

(a) the reasons why the map was not approved or adopted; and

(b) the date by which the map shall be revised and resubmitted.

(6) The recipient of a notification under paragraph (5) shall submit the revised strategic noise map to the Department by the date specified in the notification.

(7) Paragraphs (1) to (6) apply to a revised strategic noise map as they apply to a strategic noise map submitted pursuant to regulation 8, 11, 14, or 19.

(8) If the Department amends—

(a) a strategic noise map; or

(b) a revised strategic noise map;

it shall take such steps as it considers appropriate to ensure that the map complies with the requirements of regulation 4 and shall notify the competent authority of any amendments made.

Adoption or approval of action plans

47.—(1) If the Department considers that an action plan—

(a) submitted to it pursuant to regulation 31(1)(b), 31(2)(b), 31(5), 32(1)(b), 32(2)(b), 32(5), 35(1)(b), 35(4), 36(1)(b), 36(2)(b), or 36(5);

(b) submitted to it pursuant to paragraph (6);

meets the requirements of regulation 24, it shall approve the action plan.

(2) If the Department considers that an action plan—

(a) submitted to it pursuant to regulation 27(1)(b), 27(2)(b), 27(5), 28(1)(b), 28(2)(b) or 28(5);

(b) submitted to it pursuant to paragraph (6);

meets the requirements of regulation 24, it shall adopt the action plan.

(3) Paragraph (4) applies if—

(a) the Department considers that an action plan submitted to it pursuant to regulations 27(1)(b), 27(2)(b), 27(5), 28(1)(b), 28(2)(b), 28(5), 31(1)(b), 31(2)(b), 31(5), 32(1)(b), 32(2)(b), 32(5), 35(1)(b), 35(4), 36(1)(b), 36(2)(b) or 36(5), does not meet the requirements of regulation 24; or

(b) an action plan is not adopted or approved pursuant to paragraphs (1) or (2).

(4) Where this paragraph applies the Department shall—

(a) amend, and approve or adopt the action plan; or

(b) reject the action plan.

(5) If an action plan is rejected pursuant to paragraph (4)(b) the Department shall notify the authority that submitted it of—

(a) the reasons why the action plan was not approved or adopted; and

(b) the date by which the action plan shall be revised and resubmitted.

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

(7) Paragraphs (1) to (6) apply to a revised action plan as they apply to an action plan submitted pursuant to regulation 27(1)(b), 27(2)(b), 27(5), 28(1)(b), 28(2)(b), 28(5), 31(1)(b), 31(2)(b), 31(5), 32(1)(b), 32(2)(b), 32(5), 35(1)(b), 35(4), 36(1)(b), 36(2)(b) or 36(5).

(8) If the Department amends—

(a) an action plan; or

(b) a revised action plan;

it shall take such steps as it considers appropriate to ensure that the action plan complies with the requirements of Regulation 24 and notify the competent authority of any amendments made.