Eamon Ryan (Dublin South, Green Party)
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Question 218: To ask the Minister for the Environment, Heritage and Local Government the legislation which is in place to facilitate the investigation by local authorities into complaints regarding noise pollution emanating from private residences. [4783/06]

Dick Roche (Wicklow, Fianna Fail)
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Section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise.

Furthermore, under the Environmental Protection Agency Act 1992 (Noise) Regulations 1994, a local authority or any person may seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation.

Noise nuisance and other problems caused by local authority tenants are also covered under legislation. The tenancy agreement, which is the legal basis of the relationship between the local authority and its tenants, will generally contain provisions in relation to the type of behaviour that is acceptable, and that which is not. The local authority is empowered under section 62 of the Housing Act 1966 to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement.