S.I. No. 179/1994:

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 (NOISE) REGULATIONS, 1994.

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 (NOISE) REGULATIONS, 1994.

In exercise of the powers conferred on the Minister for the Environment by sections 6 , 11 and 108 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:

1. These Regulations may be cited as the Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994.

2. These Regulations shall come into operation on the 1st day of July, 1994.

3. In these Regulations--

"the Act" means the Environmental Protection Agency Act, 1992 .

4. An offence in relation to a notice, or to a notice as amended, served by a local authority under section 107 of the Act may be prosecuted summarily by that local authority.

5. A notice for the purpose of sub-section 108 (3) of the Act shall be in the form prescribed in the Schedule hereto and shall contain the particulars specified therein.

SCHEDULE.

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 .

Notice pursuant to section 108 (3) of the Environmental Protection Agency Act, 1992 of intention to make a complaint to the District Court in relation to noise giving reasonable cause for annoyance.

WHEREAS the above-named complainant alleges that the above-named defendant is the *person *body ³ making, causing or responsible for the following noise, namely,........................................................... ⁴ .................................................at................................................ ⁴ in District Court district No...........and District Court area of.............................. ⁴, which noise is so loud/so continuous/so repeated/of such duration or pitch/occurring at such times5 as to give reasonable cause for annoyance to

*the complainant,

*a person in any premises in the neighbourhood,

*a person lawfully using a public place,³

NOTICE IS HEREBY GIVEN to the defendant that the complainant intends to make a complaint pursuant to section 108 (1) of the above Act to a sitting of the District Court for the said court area and district to be held at............................................................ ............................................................ ......on the...........day of........... 19...........at..........a.m./p.m.⁶, being a date not earlier than 7 days from the date of this notice, and to seek an order pursuant to that section in relation to the said noise.

Dated this...........day of.........., 19.......... ^7.

Signed.......................................................⁸

To....................................

of.................................... ²

The above-named defendant.

NOTES FOR COMPLETING THIS FORM

1. Insert name and address of person or local authority making complaint.

2. Insert name and address of person or body alleged to have made or have caused or have been responsible for the noise (see section 14 of the Act in regard to the service of notice).

3. *Delete as appropriate.

4. Insert details of the noise complained of -- including location in the court area and district, nature, source, date, time, etc.

5. Delete whichever of these terms and conditions may not be appropriate in the case of the noise concerned.

6. Insert details of Court sitting concerned.

7. Insert date.

8. To be signed by the complainant, i.e. the local authoarity or person concerned.

NB The Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise.

DATED this 17th day of June, 1994.

JOHN BROWNE,

Minister of State at the Department of

the Environment.

EXPLANATORY NOTE.

These Regulations prescribe the form of notice to be served under section 108 of the Environmental Protection Agency Act, 1992 , by a local authority or a person who intends to make a complaint to the District Court, concerning a person who is alleged to have made, caused or been responsible for noise giving reasonable cause for annoyance.

The Regulations also provide that failure to comply with the requirements of a notice or a notice as amended, issued by a local authority under section 107 of the Act, may be prosecuted summarily by the local authority.