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V
Methodology adopted in other countries for noise pollution
control.
63.
Different countries of the World have enacted different
legislations to control the noise pollution. For Example,
in England there is a Noise Abetment
Act, 1960 Section 2 of this Act provides that loudspeakers
should not be operated between the hours of 9:00 in
the evening and 8:00 in the following morning for any
purpose and at any other time for purpose of advertisement
and entertainment, trade or business. Control on Pollution
Act of 1974, contains provisions for controlling noise
pollution and it provides noise to be actionable must
amount to nuisance in the ordinary legal sense. Section
62 of the English Control of Pollution Act, 1974, operates
as perfect control for 'Street Noise'. This provision
has been defined as a highway and any other road, footway
or square or court which is for the time being open
to public. In Japan there is Anti Pollution Basic Law,
which helps to control the pollution including noise
pollution.
64. A few of the notable legislations
may be mentioned illustratively.
Noise Act 1996- U.K.
65. This Act makes provision about
noise emitted from dwellings at night; about the forfeiture
and confiscation of equipment used to make noise unlawfully;
and for connected purposes. The kind of complaint referred
to is one made by any individual present in a dwelling
during night hours that excessive noise is being emitted
from another dwelling. "Night hours" means
the period beginning with 11p.m. and ending with 7 a.m.
The Act provides for the service of a notice on the
offender by the prescribed officer if he thinks that
the noise being emitted is more than the permissible
limits.
66. In cases where the noise level
does not come down in spite of the notice being served,
the officer can seize such equipments which in his opinion
are the source of such noise.
Noise and Statutory Nuisance Act 1993
67. An Act to make provision for noise
in a street to be a statutory nuisance; to make provision
with respect to the operation of loudspeakers in a street;
to make provision with respect to audible intruder alarms;
to make provision for expenses incurred by local authorities
in abating, or preventing the recurrence of, a statutory
nuisance to be a charge on the premises to which they
relate; and for connected purposes.
The US Noise Pollution and Abatement Act, 1970 is an
important legislation for regulating control and abatement
of noise. Under this Law the environment protection
agency, acting through the office of Noise Abatement
and Control, holds public meetings in selected cities
to compile information on noise pollution.
The Public Health And Welfare:- Chapter 65-
Noise Control(US)
68. The Congress declares that it is
the policy of the United States to promote an environment
for all Americans free from noise that jeopardizes their
health or welfare. To that end, it is the purpose of
this chapter to establish a means for effective coordination
of Federal research and activities in noise control,
to authorize the establishment of Federal noise emission
standards for products distributed in commerce, and
to provide information to the public respecting the
noise emission and noise reduction characteristics of
such products.
The Act further provides for -
1. Identification of major noise sources
2. Noise emission standards for products distributed
in commerce
3. Labeling
4. Quiet communities, research, and public information
5. Development of low-noise-emission products
6. Motor carrier noise emission standards
Noise Regulation Law-Japan.
69. The purpose of this Law is to preserve
living environment and contribute to protection of the
people's health by regulating noise generated by the
operation of factories and other types of work sites
as well as construction work affecting a considerable
area, and by setting maximum permissible levels of motor
vehicle noise.
70. The prefectural governor shall
designate concentrated residential areas, school and
hospital zones, and other such areas in which it is
deemed necessary to protect the living environment of
the residents from noise, as areas subject to the regulation
of noise produced by specified factories and specified
construction work.
71. The prefectural governor, while
designating the areas pursuant to Paragraph 1 of the
preceding Article, shall establish regulatory standards
for specified hours and zones of said areas within the
scope of the standards set forth by the Director General
of the Environment Agency according to the necessary
degree of noise control in regard to specified factories
for specified hours and zones.
72. Persons installing specific facilities
are liable to report the same to the prefectural governor
within 30 days.
73. The governor has the powers to
order change in the outlay of the factory when they
do not confer to the noise regulations.
74. Any party who plans to undertake
construction projects which involve specified construction
work in designated areas, shall file a report with the
prefectural governor no later than seven (7) days prior
to the beginning of said construction.
75. The prefectural governor shall
be responsible for the monitoring of noise levels in
designated areas.
76. For the regulation on noise caused
by announcement through the use of loudspeakers and
noise emitted during the night time operation of bars
and restaurants, local government shall take measures
necessary to protect the living environment, including
restrictions on operating hours, in accordance with
the local physical and social conditions.
77. The regulations also prescribe
the permissible noise levels for the various areas,
as well as the time periods between which noise- emitting
machines can be used.
Law of the People's Republic of China on Prevention
and Control of Pollution From Environmental Noise (adopted
on October 29, 1996)
78. This Law is enacted for the purpose
of preventing and controlling environmental noise pollution,
protecting and improving the living environment, ensuring
human health and promoting economic and social development.
79. For purposes of this Law, "environmental
noise" means the sound that is emitted in the course
of industrial production, construction, transportation
and social activities and that impairs the living environment
of the neighbourhood.
80. The competent administrative department
for environmental protection under the State Council
shall, in accordance with the national standards for
acoustic environmental quality and the State's economic
and technological conditions, fix national limits for
environmental noise emission.
81. Every project under construction,
renovation or expansion must conform to the regulations
of the State governing environmental protection.
82. The industrial noise emitted to
the living environment of the neighbourhood within an
urban area shall be kept within the limits set by the
State on emission of environmental noise within the
boundary of an industrial enterprise.
83. The construction noise emitted
to the living environment of the neighbourhood within
an urban area shall be kept within the limits set by
the State on the emission of environmental noise within
the boundary of a construction site.
84. It is forbidden to manufacture,
sell or import automobiles that emit noise beyond the
limits set on noise level.
85. All units and individuals are forbidden
to use high-pitch loudspeakers in urban areas where
noise-sensitive structures are concentrated.
86. Any unit or individual suffering
from the hazards of environmental noise pollution shall
have the right to demand the polluter to eliminate the
hazards; if a loss has been caused, it shall be compensated
according to law.
"Noise emission" means emission of noise from
the source to the living environment of the neighbourhood.
"Noise-sensitive structures" mean structures
that require a quiet environment such as hospitals,
schools, government offices, research institutions and
residential buildings.
"Areas where noise-sensitive structures are concentrated"
mean such areas as medical treatment areas, cultural,
education and research districts and areas where government
offices or residential buildings constitute the main
buildings.
"At night" means the period from 10:00 p.m.
to 6:00 a.m.
Australia
87. In New South Wales (NSW) no single
government authority has the responsibility or capacity
to be able to minimise all forms of noise pollution.
The State is excluded from control of noise in a number
of areas by commonwealth legislation. These include
aircraft noise, where noise limits could affect trade,
and the setting standards for noise emissions from new
vehicles. In areas where the State does have powers
to control noise the Environment Protection Authority
(EPA) has an overall responsibility for environmental
noise (as distinct from occupational noise), under the
Noise Control Act 1975. The Act deals with the prevention,
minimisation and abatement of noise and vibration and
empowers the EPA, the Waterways Authority, local government
and the police for these purposes.
88. The EPA controls noise from scheduled
premises those required by the Noise Control Act to
have a licence and noise associated with rail traffic
and the construction or upgrading of freeways and toll
roads. The Police and local council are generally responsible
for neighbourhood noise issues and have authority to
issue noise abatement directions to control noise from
premises and for noise from burglar alarms. Local council
have an essential role in minimising the effects of
excessive noise, particularly in their local residential
areas, from smaller factories, non-scheduled premises
and public places. The Waterways Authority has specific
responsibilities in relation to noise from vessels in
navigable waters.
89. Under the provisions of the Noise
Control Act 1975 in NSW the railway system is classified
as scheduled premises and as such the EPA has a regulatory
role, and seeks to achieve noise targets for rail operations
throughout the State to minimise the impact on local
residents.
90. The EPA issues licences for the
management of scheduled premises. When issuing a licence
the EPA sets initial noise limits that are achievable
with the operation of plant and equipment currently
installed, operated and maintained effectively. To achieve
further improvements in noise exposure to residents,
negotiations with the licensed premises are carried
out and can be incorporated in the licence as Pollution
Reduction Programs (PRPs). The EPA is currently working
with industry to reduce noise levels from major sources.
91. The Noise Control (Miscellaneous
Articles) Regulation 1995 was introduced to cover community
noise issues not covered by previous legislation. It
includes limitations on burglar alarms for both residential
and commercial premises. Changes have been made to the
nighttime control of common domestic noise sources such
as power tools, air conditioners, amplified music and
lawn mowers. Under the new regulation only one warning
to the offender is required and the warning is valid
for 28 days. If an offence is committed within this
period a fine can be issued without further warnings.
The previous regulation warning was only active for
12 hours which meant it was not very effective with
repetitious offences typical in suburban areas.
92. The Noise Control (Motor Vehicles
and Motor Vehicle Accessories) Regulation 1995 controls
the noise of individual motor vehicles. It includes
a provision to control noise from a range of accessories
including horns, alarms, refrigeration units and sound
systems. It also places responsibility to ensure compliance
of repairs/modifications of vehicles on the vehicle
repairers.
93. In addition to the measures introduced
to reduce the source and transmission of noise, measures
can be undertaken to noise proof buildings thereby reducing
the occupant exposure to noise.
Montgomery County Noise Control Ordinance
94. The Montgomery County Noise Control
Ordinance allows for normal activities during regular
hours; however, it does attempt to eliminate interference
from noise when most of us want to rest and relax. It
also seeks to control disturbing and unhealthy levels
of noise in general. Key provisions of the Noise Control
Ordinance:
(i) Provide day/night sound level limits.
(ii) Establish "quiet hours."
(iii) Define sounds that constitute noise disturbances.
(iv) Establish a "nuisance provision" that
prohibits certain noises at any time.
95. A noise disturbance, as defined
by the ordinance, is any sound that is unpleasant, annoying,
or loud; abnormal for the time or location; and prejudicial
to health, comfort, property, or the conduct of business.
Under the ordinance, it is unlawful to create a noise
disturbance anywhere during "quiet hours,"
including multi- family buildings and townhouses. The
"nuisance provision" prohibits some noise
disturbances anywhere at any time.
96. The Montgomery County Noise Control
Ordinance promotes peace and quiet for everyone by covering
a wide variety of residential and business situations.
The Ordinance does not cover noise from aircraft and
railroads or motor vehicles on public roadways, as Federal
and State governments supersede local regulation. Also
exempt are emergency operations by public utilities.
97. Among other provisions, the Montgomery
County Noise Control Ordinance makes it illegal to:
(i) Operate, or allow to be operated, a radio, television,
or other electronic sound-producing device on public
or private property if the sound exceeds 55 decibels
at the receiving property line.
(ii) Create a noise disturbance during "quiet hours"
in a residential zone or multi-family structure.
(iii) Operate any equipment that exceeds the receiving
property line sound level limits.
(iv) Allow an animal or fowl to create a noise disturbance
at any time.
(vi) Load or unload material during "quiet hours."
(vi) Create a noise disturbance across property lines
during "quiet hours" by operating power equipment
mounted on a motor vehicle; for example, refrigerated
trucks or commercial vacuum cleaners.
(vii) Permit construction noise to exceed 75 decibels,
with allowances for higher decibel levels under an approved
"Noise Suppression Plan.
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