Dáil Éireann Debate, Thursday - 19 December 2013
208. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the number of prosecutions secured under noise pollution laws in 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [54796/13]
View answerSection 108 of the Environmental Protection Agency Act 1992 provides for any person, or group of persons, to seek an order in the District Court to have annoyance causing noise abated, if reasonable cause is shown. The procedures involved allow for action to be taken without legal representation.
In addition, section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise. These powers are generally exercised in preventing and limiting noise from commercial and industrial premises within their functional areas. A notice can be served by a local authority on any person in charge of any premises, processes or works, other than an activity controlled by the Environmental Protection Agency (EPA). In addition, under section 108 of the Act, local authorities have the same power as individual citizens to seek an order in the District Court to have noise giving reasonable cause for annoyance abated.
My Department does not compile statistics on the number of section 108 actions brought by individuals before the District Court. However, local authorities submit annual returns to the EPA on a range of environmental inspection and enforcement activities, including noise complaints, under the Recommendation 2001/331/EC for the minimum Criteria for Environmental Inspections (RMCEI) process.
The source of a noise complaint most often dictates the way it is addressed by a local authority, depending on whether the noise nuisance originates from commercial premises, a private rented tenant, a local authority tenant or a private home-owner. Local authorities will in general aim to resolve noise complaints without recourse to legal action through meeting with the parties concerned, mediation, issuing of warning letters, serving of a section 107 notice, etc. Bringing a case before the District Court remains an option of last resort.
An information leaflet on noise pollution and the procedures involved in bringing a complaint is available on my Department’s website - www.environ.ie/en/Environment/Noise/.
