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Noise Pollution

Dáil Éireann Debate, Thursday - 3 May 2012

Thursday, 3 May 2012

Ceisteanna (202, 203)

Arthur Spring

Ceist:

205 Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 145 of 25 April 2012, if he will clarify which section of the local authority is responsible for dealing with loud noise caused by dogs; if the local authority is responsible for dealing with noise by dogs on private property as well as local authority housing; his views on whether local authorities have been made aware of this responsibility; and if he will make a statement on the matter. [22291/12]

Amharc ar fhreagra

Freagraí scríofa

The Control of Dogs Act, 1986 requires every local authority to employ one or more persons to be dog wardens for the purposes of the Act. The legislation does not specify the exact local arrangements to be made for implementation purposes, and no differentiation is made in the provisions dealing with nuisance by barking dogs between private property and local authority housing. The legislation has been in place for some time and it is a matter for the authorities themselves to determine the most appropriate arrangements, including administrative arrangements, for purposes of implementation.

Arthur Spring

Ceist:

206 Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 141 of 25 April 2012, if he will clarify which section of the local authority has powers to investigate complaints about neighbourhood noise that affects quality of life under Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994; if he will make the local authorities aware of this power through communication from him; and if he will make a statement on the matter. [22293/12]

Amharc ar fhreagra

Currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department's website, www.environ.ie.

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 from any premises, processes and works. The Environment Section of the relevant City or County Council is the appropriate contact point for reporting a noise nuisance in this regard.

My Department periodically meets with representatives of local authorities through the Environmental Enforcement Network (EEN). The key objective of the EEN is to foster co-operation between public service bodies involved in the enforcement of environmental legislation, including noise, so that a higher and more consistent standard of enforcement is achieved throughout the country. The legislative options for addressing noise complaints have been discussed at previous EEN meetings and I am satisfied that local authorities are broadly aware of their powers under Section 107 of the Environmental Protection Agency Act.

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