Aircraft Noise (Dublin Airport) Regulation Act

JurisdictionIreland
CitationIR No. 12/2019


Number 12 of 2019


AIRCRAFT NOISE (DUBLIN AIRPORT) REGULATION ACT 2019


CONTENTS

PART 1

Preliminary and General

1. Short title, collective citation, construction and commencement

2. Interpretation

3. Designation of competent authority

4. Exclusive competence of competent authority in relation to operating restrictions

5. Airport levy

6. Regulations

7. Expenses

8. Revocation

PART 2

Process of Aircraft Noise Regulation (Including Adoption of Balanced Approach) and Appeals

9. Process of Aircraft Noise Regulation

10. Appeal to Board against relevant regulatory decision

PART 3

Amendment of Planning and Development Act 2000

11. Amendment of Act of 2000 - insertion of sections 34A to 34C

12. Amendment of Act of 2000 - insertion of sections 37R and 37S

13. Amendment of section 50 of Act of 2000

14. Amendment of section 144 of Act of 2000

15. Amendment of section 247 of Act of 2000

16. Amendment of Fourth Schedule to Act of 2000

17. Amendment of Fifth Schedule to Act of 2000

18. Amendment of Seventh Schedule to Act of 2000 and related transitional provisions

PART 4

Monitoring, Review and Enforcement

19. Implementation of noise mitigation measures, etc., by airport authority

20. Noise insulation scheme

21. Monitoring by competent authority

22. Definitions - sections 23 to 25

23. Issue of enforcement notices

24. Application for cancellation of direction specified in enforcement notice

25. Rules of court

PART 5

Notification Requirements

26. Notification of new operating restrictions

27. European Commission review

PART 6

Miscellaneous

28. Power to specify form of documents

29. Transitional provisions - noise mitigation measures

30. Transitional provisions - operating restrictions


Acts Referred to

Local Government Act 2001 (No. 37)

Planning and Development Act 2000 (No. 30)

Planning and Development Acts 2000 to 2018


Number 12 of 2019


AIRCRAFT NOISE (DUBLIN AIRPORT) REGULATION ACT 2019


An Act for the purposes of giving further effect to the Aircraft Noise Regulation in so far as it relates to Dublin Airport and to make additional provision for the regulation of aircraft noise at Dublin Airport; for those purposes, to amend the Planning and Development Act 2000 to cater for the situation where development at Dublin Airport may give rise to an aircraft noise problem; and to provide for related matters.

[22nd May, 2019]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

Short title, collective citation, construction and commencement

1. (1) This Act may be cited as the Aircraft Noise (Dublin Airport) Regulation Act 2019.

(2) Part 3 and the Planning and Development Acts 2000 to 2018 may be cited together as the Planning and Development Acts 2000 to 2019 and shall be construed together as one.

(3) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

Interpretation

2. (1) In this Act—

“Act of 2000” means the Planning and Development Act 2000 ;

“Act of 2001” means the Local Government Act 2001 ;

“Aircraft Noise Regulation” means Regulation (EU) No 598/2014 of the European Parliament and of the Council of 16 April 20141 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Union airports within a Balanced Approach and repealing Directive 2002/30/EC;

“airport” means Dublin Airport and includes, as appropriate, the area around the airport significantly affected by aircraft noise;

“airport authority” means daa, public limited company;

“airport user” means a person responsible for the carriage of passengers, mail or freight by air to or from the airport;

“appeal body” shall be construed in accordance with section 10 (1);

“Board” means An Bord Pleanála;

“competent authority” shall be construed in accordance with section 3 ;

“Environmental Noise Directive” means Directive 2002/49/EC of the European Parliament and of the Council of 25 June 20022 relating to the assessment and management of environmental noise as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 20083 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny and Commission Directive (EU) 2015/996 of 19 May 20154 establishing common noise assessment methods according to Directive 2002/49/EC of the European Parliament and of the Council;

“FCC” means Fingal County Council;

“introduce” includes implement;

“local financial year” means local financial year with the meaning of section 96 of the Act of 2001;

“measure” includes a restriction;

“Minister” means the Minister for Transport, Tourism and Sport;

“national newspaper” means a newspaper published and circulating generally in the State;

“noise” means aircraft noise;

“noise abatement objective” means the noise abatement objective for the airport;

“noise mitigation measure” means a noise mitigation measure in place at the airport but does not include an operating restriction;

“operating restriction” means an operating restriction in place at the airport;

“specified”, in relation to a form, means specified under section 28 .

(2) A word or expression that is used in this Act and is also used in—

(a) the Aircraft Noise Regulation, or

(b) the Environmental Noise Directive,

has, unless the context otherwise requires, the same meaning in this Act as it has in that Regulation or Directive, as the case may be.

(3) (a) A reference in this Act or in any regulations made under this Act to a period specified in a notice or direction given under this Act or in such regulations means a period reasonable in all the circumstances of the case.

(b) Where calculating any appropriate period or other time limit referred to in this Act or in any regulations made under this Act, the period between the 24th of December and the 1st of January, both days inclusive, shall be disregarded.

Designation of competent authority

3. (1) FCC is designated as the competent authority for the purposes of the Aircraft Noise Regulation.

(2) (a) Subject to paragraphs (b) and (c), the functions of the competent authority under the Aircraft Noise Regulation, this Act and the Act of 2000 (in so far as the Act of 2000 as amended by this Act confers functions on the competent authority) shall be performed by the chief executive.

(b) Sections 148 and 154 of the Act of 2001 shall, with all necessary modifications, apply to the chief executive, this Act and the Act of 2000 as those sections apply to the chief executive and the Act of 2001.

(c) The reference in subsection (6) of section 149 of the Act of 2001 to the functions of the chief executive shall not include the functions referred to in paragraph (a).

(3) Subject to the other provisions of this section, the functions of the competent authority shall be treated as an executive function, within the meaning of section 149 of the Act of 2001, of FCC.

(4) The chief executive shall be independent in the performance of the functions of the competent authority.

(5) Without prejudice to the generality of subsection (4)

(a) the chief executive in performing the functions of the competent authority, and

(b) any employee of FCC assisting the chief executive in the performance of such functions,

shall not be subject to the direction of any other person (including the elected council acting by resolution under section 140 of the Act of 2001).

(6) The chief executive, in performing the functions of the competent authority, may, to the extent that he or she is satisfied that it is appropriate to do so, have regard to any plan adopted by the elected council pursuant to the functions of the elected council.

(7) (a) Subject to paragraph (b), the members of the elected council shall not influence or seek to influence—

(i) the chief executive in his or her performance of a function of the competent authority, or

(ii) an employee of FCC in the assistance that he or she provides to the chief executive in the performance of such function.

(b) Paragraph (a) shall not be construed to prevent the members of the elected council from discussing the noise situation at the airport relevant to the performance of the functions of the elected council.

(8) Nothing in this section shall operate to prevent a member of the elected council from making a submission or observation to the competent authority pursuant to and in accordance with a provision of the Aircraft Noise Regulation, this Act or the Act of 2000.

(9) (a) The Minister shall, not less than once before—

(i) the 7th anniversary of the date of commencement of this section, and

(ii) the expiration of each successive period of 5 years following that 7th anniversary,

by notice in writing appoint a person to carry out a review of the performance by the competent authority of its functions as the competent authority.

(b) A person appointed under paragraph (a) shall, as soon as is practicable after he or she has carried out the review referred to in that paragraph, prepare and submit to the Minister a report in writing on the results of the review.

(c) The competent authority shall, as soon as is practicable after the expiration of a local financial year of the competent authority (including, if applicable, the expiration of part of such year in the case of the first report prepared and published pursuant to this paragraph) but, in any case, not...

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