Aircraft Noise (Dublin Airport) Regulation Act 2019
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PART 2 Process of Aircraft Noise Regulation (Including Adoption of Balanced Approach) and Appeals | ||
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Process of Aircraft Noise Regulation | ||
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9. (1) The competent authority shall ensure that the noise situation at the airport is assessed in accordance with the European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018) and the Environmental Noise Directive. | ||
(2) The competent authority shall ensure that the Balanced Approach is adopted where a noise problem at the airport has been identified and, to that end, shall further ensure that, as appropriate: | ||
(a) the noise abatement objective is, as appropriate, defined, restated or amended, taking into account, as appropriate, Article 8 of, and Annex V to, the Environmental Noise Directive; | ||
(b) measures available to reduce the noise impact are identified; | ||
(c) the likely cost-effectiveness of the identified noise mitigation measures and operating restrictions (if any) is thoroughly evaluated; | ||
(d) the measures, taking into account public interest in the field of air transport as regards the development prospects of the airport, are selected without detriment to safety; | ||
(e) the stakeholders are consulted in a transparent way on the intended actions; | ||
(f) the measures are adopted and sufficient notification is provided for; | ||
(g) the measures are introduced. | ||
(3) The competent authority shall ensure that, when noise-related action (including a noise mitigation measure or operating restriction) is taken, the following combination of available measures is considered, with a view to determining the most cost-effective measure or combination of measures: | ||
(a) the foreseeable effect of a reduction of noise at source; | ||
(b) land-use planning and management; | ||
(c) noise abatement operational procedures; | ||
(d) not applying operating restrictions as a first resort but only after consideration of the other measures of the Balanced Approach. | ||
(4) The available measures may, if necessary, include the withdrawal of marginally compliant aircraft. | ||
(5) The measures may, within the Balanced Approach, be differentiated according to aircraft type, noise performance, use of airport and air navigation facilities, flight path or the timeframe covered or any combination thereof. | ||
(6) Without prejudice to subsection (4), operating restrictions which take the form of the withdrawal of marginally compliant aircraft from airport operations shall not affect civil subsonic aircraft that comply, through either original certification or re-certification, with the noise standard laid down in Volume 1, Part II, Chapter 4 of Annex 16 to the Chicago Convention. | ||
(7) (a) Measures or a combination of measures taken in accordance with the Aircraft Noise Regulation, this Act and the Act of 2000 for the airport shall not be more restrictive than is necessary in order to achieve the noise abatement objective. | ||
(b) Operating restrictions shall be non-discriminatory, in particular on the grounds of nationality or identity, and shall not be arbitrary. | ||
(8) (a) For the avoidance of doubt, it is hereby declared that FCC, in its capacity as the competent authority, is a public authority within the meaning of Regulation 2 of the Regulations of 2011. | ||
(b) The competent authority shall, before making its draft regulatory decision under subsection (11), ensure that it has complied with the relevant provisions of Part 5 of the Regulations of 2011 and, if an appropriate assessment is carried out, that such decision, when made, is compatible with such assessment. | ||
(c) The competent authority shall, before making its draft regulatory decision under subsection (11), ensure that it has complied with the relevant provisions of the Regulations of 2004 and, if an environmental assessment is carried out, that such decision, when made, is compatible with such assessment. | ||
(d) The competent authority may, where it considers it appropriate to do so, whether following a screening for appropriate assessment under Part 5 of the Regulations of 2011, or an environmental assessment, or on its own initiative, by notice in writing direct the airport authority to make an application referred to in section 34C(1)(a) of the Act of 2000. | ||
(e) The airport authority shall comply with a direction given to it under paragraph (d) as soon as is practicable after it receives the notice concerned referred to in that paragraph. | ||
(9) The Minister may, by regulations made under section 6 , prescribe dispute resolution procedures applicable to a dispute which arises between the competent authority and another person during the course of, and relevant to, the performance by the competent authority of its functions. | ||
(10) (a) The competent authority may, for the purposes of an assessment of the noise situation at the airport, by notice in writing direct the airport authority to carry out such assessments and give to it such information or plans arising from such assessments, or to give to it such other information or plans, or both, as specified in the notice, as the competent authority may reasonably require for those purposes. | ||
(b) The airport authority shall comply with a direction given to it under paragraph (a) as soon as is practicable after it receives the notice concerned referred to in that paragraph. | ||
(11) Subject to subsection (12), the competent authority shall, as soon as is practicable after having ensured that the Balanced Approach has been applied, make, and publish on its website, a draft regulatory decision outlining the proposed noise mitigation measures and operating restrictions (if any) to be introduced in order to address any identified noise problem at the airport. | ||
(12) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the competent authority’s reasons for such decision and include therein, as appropriate: | ||
(a) a summary of the data examined (including any data relating to appropriate assessment or environmental assessment); | ||
(b) the noise abatement objective; | ||
(c) the measures considered to address any noise problem; | ||
(d) an evaluation of the cost-effectiveness of the various measures considered; | ||
(e) the application of the Balanced Approach; | ||
(f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered; | ||
(g) particulars of any proposed noise mitigation measures and operating restrictions (if any) to be introduced; | ||
(h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any); | ||
(i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any) to be introduced; | ||
(j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i). | ||
(13) The competent authority shall, as soon as is practicable after it complies with subsections (11) and (12), publish, in a national newspaper, a notice— | ||
(a) stating that the competent authority has— | ||
(i) made a draft regulatory decision under subsection (11), and | ||
(ii) prepared the related report under subsection (12), | ||
(b) stating particulars of how persons may view or otherwise have access to the draft regulatory decision and related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours), | ||
(c) inviting persons to make submissions or observations in writing (and to provide a return address with such submissions or observations) in the specified form (if any) on the draft regulatory decision or related report, or both, before the expiration of 14 weeks beginning on the date of publication of the notice in the national newspaper, and | ||
(d) stating particulars of the addresses (which shall include an electronic address) to which such submissions or observations may be sent. | ||
(14) (a) The competent authority shall, as soon as is practicable after it complies with subsections (11) and (12), give the airport authority copies of the draft regulatory decision that it made under subsection (11) and the related report that it prepared under subsection (12). | ||
(b) For the avoidance of doubt, it is hereby declared that the airport authority may make submissions or observations referred to in subsection (13) (c) in accordance with that subsection. | ||
(15) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in subsection (13)(c) and having regard to the submissions and observations (if any) referred to in that subsection received by it within such 14 weeks— | ||
(a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (11) without any amendments or with such amendments as it considers appropriate, and | ||
(b) revise the related report prepared under subsection (12) to take into account such submissions and observations (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision. | ||
(16) The competent authority shall— | ||
(a) as soon as is practicable after it complies with subsection (15)— | ||
(i) publish on its website the regulatory decision it has adopted under subsection (15)(a) and the related report it has revised under subsection (15)(b), and | ||
(ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published), to the airport authority, the elected members of FCC, the elected members of Dáil Éireann in whose constituencies the airport is located and the return addresses of the persons who have made submissions or observations referred to in subsection (13)(c) in accordance with that subsection on the draft regulatory decision or the related report concerned, | ||
and | ||
(b) as soon as is practicable after it complies with paragraph (a)(i), publish, in a national newspaper, a notice stating— | ||
(i) that the competent authority has adopted a regulatory decision under subsection (15)(a), | ||
(ii) that the competent authority has revised the related report under subsection (15)(b), | ||
(iii) particulars of how persons may view or otherwise have access to such regulatory decision and such related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours), and | ||
(iv) that a right of appeal to the Board against the regulatory decision exists under section 10 . | ||
(17) Subject to subsection (18), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under subsection (15) (a) shall— | ||
(a) if no appeal under section 10 is made, within the appropriate period referred to in section 10 (2)(a), against such regulatory decision, come into effect on the expiration of such appropriate period, and | ||
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body. | ||
(18) The competent authority may, by notice published on its website on the same date as the regulatory decision adopted under subsection (15)(a) is, pursuant to subsection (16)(a)(i), also so published— | ||
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and | ||
(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect. | ||
(19) Subject to section 26 (a), the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under subsection (15)(a), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction. | ||
(20) Subject to subsection (21), an operating restriction referred to in subsection (19) shall— | ||
(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and | ||
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body. | ||
(21) The competent authority may, by notice published on its website at any time before the day first-mentioned in subsection (20)(a)— | ||
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (19), and | ||
(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect. | ||
(22) Notwithstanding the other provisions of this section, the competent authority may, in a particular instance, decide not to perform its functions under this section, or to discontinue performing its functions under this section, where it is satisfied that— | ||
(a) a decision under section 34 of the Act of 2000 as read with section 34B or 34C of that Act, or | ||
(b) a decision under section 37 of the Act of 2000 as read with section 37R or 37S of the Act of 2000, | ||
renders, in such instance, the performance, or the continued performance, as the case may be, of such functions superfluous. | ||
(23) In this Part, health aspects shall be assessed in accordance with the Environmental Noise Directive and the European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018). | ||
(24) In this section— | ||
“appropriate assessment” means appropriate assessment as referred to in Article 6(3) of the Habitats Directive; | ||
“environmental assessment” means environmental assessment within the meaning of the Regulations of 2004; | ||
“Habitats Directive” means Habitats Directive within the meaning of section 2 of the Act of 2000; | ||
“Regulations of 2004” means the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 ( S.I. No. 435 of 2004 ); | ||
“Regulations of 2011” means the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ). |