The Environmental Noise (Wales) Regulations 2006

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, 18.07.2002, p. 12) (the 'Directive').

A full regulatory impact assessment of the effect that these Regulations will have on the costs of business is available (see table below).

Except for regulation 22(2), these Regulations apply only in relation to noise sources in Wales.

Strategic noise maps

The making of strategic noise maps will occur in two rounds, the first in 2007 and the second in 2012. In the second round a larger number of the same type of noise sources will have to be mapped than in the first round. Subsequently strategic noise maps will have to be made every five years.

Regulation 3 requires the National Assembly for Wales (the Assembly) to identify the noise sources for which strategic noise maps must be made. Regulation 7 requires the Assembly to make strategic noise maps for agglomerations, major roads, major railways and major airports designated under section 80 for the purposes of section 78 of the Civil Aviation Act 1982 (1982 c. 16). From time to time, and whenever a major development occurs, the Assembly must review (and if necessary, revise) strategic noise maps.

Regulations 11 and 12 require airport operators to make strategic noise maps for airports that are not designated under the Civil Aviation Act 1982. Strategic noise maps will need to be made for: (i) all non-designated major airports; and (ii) noise in agglomerations arising from any non-major airports (if aircraft noise results in a value of 55 Lden or 50 Lnight anywhere in those agglomerations). Strategic noise maps will need to be reviewed (and revised if necessary) from time to time, and whenever a major development occurs. Once made, the airport operators must submit strategic noise maps (or their revisions) to the Assembly for adoption.

All strategic noise maps must meet the requirements set out in regulation 4.

Regulation 4 and Schedule 3 specify which noise indicators and supplementary noise indicators must 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 13 requires the Assembly to identify quiet areas in agglomerations.

Action plans

Action plans must be drawn up in two rounds (the first in 2008 and the second in 2013) following the two rounds of strategic noise maps upon which the action plans will be based.

Regulation 14 requires the Assembly to publish guidance on how the priorities in action plans should be identified.

Regulation 15 sets out the requirements for action plans.

Regulation 17 requires the Assembly to draw up action plans for places near to major roads and major railways, and for agglomerations. The Assembly must review (and revise, if necessary) the action plans every five years or sooner if a major development occurs.

Regulation 19 requires airport operators to draw up action plans in relation to major airports. The airport operator must review (and revise, if necessary) the action plans every five years or sooner if a major development occurs. Once drawn up or revised, the airport operators must submit an action plan to the Assembly for adoption.

Regulation 20 specifies the public participation required during the preparation and revision of action plans.

Regulation 21 requires public authorities to treat action plans as policy insofar as the action plan identifies them as being responsible for a particular action. Public authorities may depart from such policies in specified circumstances.

Other provisions

Regulation 22 requires competent authorities in Wales to cooperate with their counterparts in Northern Ireland, Scotland and England when necessary to do so in order to meet obligations under these Regulations or the Directive.

Regulations 23 and 24 set out the mechanism by which the Assembly adopts strategic noise maps and action plans respectively.

Regulation 26 provides the Assembly with the power to require competent authorities to provide information in relation to their obligations under the Regulations or to step in and carry out the functions of competent authorities under specified circumstances.

Regulation 27 gives the Secretary of State power to reclaim certain expenses from competent authorities.

Regulation 29 sets out requirements for the publication of strategic noise maps and action plans.

Regulation 30 requires competent authorities to have regard to any guidance published by the Assembly.

Table

Availability of documents referred to in the Regulations

Document	Where document may be obtained	Where document may be inspected
British Standard BS EN 61672-2: 2003, (ISBN 0-580-42224-0)	British Standards Institute (www.standardsdirect. org/standards/ standards2/Standards Catalogue24_view_ 17041.html)	The principal office of the Department for Environment, Food and Rural Affairs
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. 2002, p. 12)	http://europa.eu.int /eur-lex/pri/en/oj/dat/ 2002/l_189/l_189200 20718en001200 25.pdf	The principal office of the Department for Environment, Food and Rural Affairs
“SPIRE Data Standard, Version 1.0” (DEFRA 25 November 2004)	Department for Environment, Food and Rural Affairs [XXXX (http://www.defra. gov.uk/environment/ noise/ambient.htm)]	The principal office of the Department for Environment, Food and Rural Affairs
Commission Recommendation 2003/613/EC of 6 August 2003 concerning the guidelines on the revised interim computation methods for industrial noise, aircraft noise, road traffic noise and railway noise, and related emissions data (O.J. No. L 212, 22.8.2003, p. 49.)	http://europa.eu. int/eur-lex/pri/en/oj /dat/2003/l_212/l_ 21220030822en 00490064.pdf	The principal office of the Department for Environment, Food and Rural Affairs
“Calculation of road traffic noise” (Department of Transport, 7 June 1988, HMSO) (ISBN 0115508473)	The Stationery Office (http://www. tsoshop.co.uk)	The principal office of the Department for Environment, Food and Rural Affairs
Method for converting the UK road traffic noise index LA10,18h to the EU noise indices for road noise mapping” (DEFRA, 24th January 2006)	Department for Environment, Food and Rural Affairs	The principal office of the Department for Environment, Food and Rural Affairs
“Calculation of railway noise” (Department of Transport, 13 July 1995, HMSO) (ISBN 0115517545)	The Stationery Office (http://www. tsoshop.co.uk)	The principal office of the Department for Environment, Food and Rural Affairs
“Calculation of railway noise 1995 Supplement No. 1 Procedure for the calculation of noise from Eurostar trains class 373” (Department for Transport, 20 October 1996, Stationery Office) (ISBN 0115518738)	The Stationery Office (http://www. tsoshop.co.uk)	The principal office of the Department for Environment, Food and Rural Affairs
“Rail and wheel roughness – implications for noise mapping based on the Calculation of Railway Noise procedure” (DEFRA March 2004)	Department for Environment, Food and Rural Affairs (http://www. defra.gov.uk /environment/noise /mapping/rail /index.htm)	The principal office of the Department for Environment, Food and Rural Affairs
“Report on Standard Method of Computing Noise Contours around Civil Airports” (Second Edition, European Civil Aviation Conference, 2-3 July 1997)	The European Civil Aviation Conference (http://www.ecac- ceac.org/index.php ?content=docstype &idtype=38)	The principal office of the Department for Environment, Food and Rural Affairs
“ISO 9613-2:1996 Acoustics – Attenuation of sound during propagation outdoors – Part 2: General method of calculation” (International Standards Organisation, 1996)	International Organisation for Standardization (http://www.iso.ch)	The principal office of the Department for Environment, Food and Rural Affairs
“Acoustics. Determination of sound power levels of multisource industrial plants for evaluation of sound pressure levels in the environment. Engineering method” (BS ISO 8297: 1994, British Standards Institute)	British Standards Institute (http ://www.standards direct.org/standards /standards3/Standards Catalogue24_view_ 23347.html)	The principal office of the Department for Environment, Food and Rural Affairs
“Acoustics. Determination of sound power levels of noise sources using sound pressure. Engineering method in an essentially free field over a reflecting plane” (BS EN ISO 3744:1995, British Standards Institute)	British Standards Institute (http://www. standardsdirect.org /standards/standards2 /StandardsCatalogue 24_view_19606. html)	The principal office of the Department for Environment, Food and Rural Affairs
“Acoustics. Determination of sound power levels of noise sources using sound pressure. Survey method using an enveloping measurement surface over a reflecting plane” (BS EN ISO 3746:1996, British Standards Institute)	British Standards Institute (http://www. standardsdirect.org /standards/standards2 /StandardsCatalogue 24_view_19608. html)	The principal office of the Department for Environment, Food and Rural Affairs
“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, 13 January 2006)	European Commission Working Group Assessment of Exposure to Noise (http://www.defra. gov.uk/environment/ noise/mapping /exposure/pdf/ exposuredata- guide.pdf)	The principal office of the Department for Environment, Food and Rural Affairs