Environment Protection (Control of Noise) Regulations, 2008

Brief

The Environment Protection (Control of Noise) Regulations, 2008 – GN No. 114 of 2008, were promulgated on 15 July 2008 and entered into operation on the same date.

  Under the Environment Protection (Amendment) Act, 2008, which also came into effect on the same date, the Noise Prevention Act 1938 and all regulations made under that Act, were repealed.  The above regulations now represent the single legislation to control noise which constitutes a nuisance. 

 Noise is one of our major environmental problems which is giving rise to lots of public complaints, due mainly to juxtaposition of residential, religious, commercial and industrial activities.

 Under the above regulations –

·        No person is allowed to make or cause to be made any noise which constitutes a nuisance.

·        Noisy activities in a residential area related to construction works such as demolition of a building, excavation or filling of land and use of heavy machines require prior authorisation from the local authority if such activities are carried out before 7 a.m or after 7 p.m on any day. 

·        Keeping on any premises any animal which makes noise and whose noise unreasonably interfere with peace, comfort and convenience of another person is also an offence

Prior authorisation from the Commissioner of Police is required by any person or organisation, with the exception of any public sector agency making public annoucement, for the use of a loud-speaker, amplifier, musical instrument or electrical or mechanical device for producing sound in a public place in relation to a social, cultural, religious or an electoral activity. 

Furthermore, the use of the above sound producing instruments within a radius of 100 metres and which may unreasonably interferes with the proper running up of certain institutions such as educational, health, Court of Justice or Government House is prohibited.

Under the EPA, 2002, the Ministry of Health and Quality of Life is the main enforcing agency in relation to noise.  Other authorities also empowered under the EPA to enforce noise regulation are the Police Force (including the Police de l’Environnement),all local authorities and the Department of Environment.

  Any person contravening these regulations, shall commit an offence and shall –

(a)       on a first conviction, be liable to a fine not exceeding 50,000 rupees; and

(b)       on a second or subsequent conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 12 months.

 Other Related Legislations on Noise

                 (i)            The Environment Protection (Amendment) Act, 2008 prescribes an environmental standard for noise emitted from a place of worship, which is set at 55 decibels [dB(A) Leq] recorded at the boundary of the site

               (ii)            The Environment Protection (Environmental Standards for Noise) Regulations of 1997 and amended in 2003, prescribes maximum exposure limits in decibels for industrial and neighbourhood noise for major activities such as power plants, industries, multi-purpose halls

             (iii)            The Occupational Safety, Health and Welfare Act,  2005,  provides for  occupational noise in a workplace

              (iv)            The Road Traffic Act regulates traffic noise.