The Environmental Noise (England) (Amendment) Regulations 2009

• Citation: S.I. 2009/1610
• Sections: 9

Section 1 Citation, commencement and application

These Regulations—

(a) may be cited as the Environmental Noise (England) (Amendment) Regulations 2009; and

(b) come into force on 25th July 2009.

Section 2 Amendment of the Environmental Noise (England) Regulations 2006

The Environmental Noise (England) Regulations 2006 are amended in accordance with regulations 3 to 9.

Section 3 Amendment of regulation 2 (interpretation)

(1) Paragraph (2) of regulation 2 (interpretation) is amended as follows.

(2) In the definition of “consolidated noise map”, for “regulation 14(2)”, substitute “regulation 14(1)”.

(3) At the end of the definition of “Directive”, add “as amended from time to time;”.

Section 4 Amendment of regulation 3 (identification of noise sources)

(1) Regulation 3 (identification of noise sources) is amended as follows.

(2) In paragraph (2), for “must, in the form of regulations, identify all”, substitute “must publish maps identifying all”.

(3) In paragraph (3)—

(a) for “must, in the form of regulations, identify”, substitute “must publish maps identifying”; and

(b) for “most recent regulations produced”, substitute “most recent maps published”.

Section 5 Substitution of regulation 13 (identification of quiet areas)

For regulation 13 (identification of quiet areas), substitute—

Identification of quiet areas

(13)

(1) The Secretary of State must identify —

(a) quiet areas in first round agglomerations; and

(b) quiet areas in agglomerations,

in such published form as the Secretary of State considers appropriate.

(2) The Secretary of State must—

(a) keep the identification of quiet areas in first round agglomerations and agglomerations under review; and

(b) make revisions, where the Secretary of State considers it appropriate.

Section 6 Substitution of regulation 14 (duty to publish criteria or limit values and a consolidated noise map) and addition of regulation 14A

(1) For regulation 14 (duty to publish criteria or limit values and a consolidated noise map), substitute—

Consolidated noise maps

(14)

(1) The Secretary of State may compile a consolidated noise map in respect of any area covered by more than one strategic noise map.

(2) In this regulation, “strategic noise map” means a strategic noise map—

(a) made or revised pursuant to regulation 7, 11 or 12; and

(b) adopted pursuant to regulation 23.

(2) After regulation 14 (as substituted by paragraph (1)), add—

Duty to publish criteria or limit values

(14A)

(1) The Secretary of State must set out limit values or other criteria for the identification of priorities for action plans (“relevant criteria”) in such published form as the Secretary of State considers appropriate.

(2) The Secretary of State must keep the relevant criteria under review and, where the Secretary of State considers it appropriate, make revisions.

Section 7 Amendment of regulation 15 (action plans: general requirements)

For paragraph (1)(d) of regulation 15 (action plans: general requirements), substitute—

(d) address priorities which must be identified by having regard to the relevant criteria;

Section 8 Amendment of regulation 29 (availability of strategic noise maps, consolidated noise map and action plans)

In paragraph (2)(b) of regulation 29 (availability of strategic noise maps, consolidated noise map and actions plans), for “regulation 14(2)” substitute “regulation 14(1)”.

Section 9 Substitution of regulation 30 (guidance)

For regulation 30 (guidance), substitute—

Guidance

(30)

(1) The Secretary of State may issue guidance to a competent authority with respect to the exercise of its functions under these Regulations.

(2) A competent authority, in exercising any of its functions under these Regulations, must have regard to guidance issued by the Secretary of State—

(a) under paragraph (1) of this regulation;

(b) under regulation 30 of these Regulations as it had effect at any time before 25th July 2009,

which is in force at the time the competent authority exercises the functions to which the guidance relates.