Fergus O'Dowd (Louth, Fine Gael)
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Question 486: To ask the Minister for the Environment, Heritage and Local Government his views on whether noise pollution is acceptable in a special area of conservation (details supplied) in County Donegal; and if he will make a statement on the matter. [18433/05]

Dick Roche (Wicklow, Fianna Fail)
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I refer to the reply to Question No. 400 of 24 May 2005. Noise pollution is a cause for concern under the European Communities (Natural Habitats) Regulations if the special area of conservation in question is designated as such to protect species which are adversely affected by noise. That is not the case, however, in the site referred to in the question.

Section 107 of the Environmental Protection Agency Act 1992 gives local authorities powers to require measures to be taken to prevent or limit noise generally. Section 108 of the Act provides that a local authority, the Environmental Protection Agency or any person may complain to the District Court about noise which is giving reasonable cause for annoyance. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet outlining the legal avenues available to people experiencing noise nuisance is available on the website of the Department of the Environment, Heritage and Local Government, www.environ.ie.