Finian McGrath (Dublin North Central, Independent)
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Question 321: To ask the Minister for Transport if he will ensure an end to the noise pollution from jet skis after 9.00 pm near Clontarf Road, Dublin 3; and if he will work with Dublin City Council, the Health Service Executive and other relevant bodies on this issue. [23374/06]

Pat Gallagher (Donegal South West, Fianna Fail)
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Under the Maritime Safety Act 2005 local authorities have been given the necessary powers to control the operation of jet skis and other fast powered craft in their functional areas.

The framework for regulating such craft came from the 2000 Report of the Action Group on Small Powered Recreational Craft (including personal watercraft) which concluded that the primary public policy response should be the use of local bye-laws. Conditions and issues vary in different parts of the country and it makes sense that those closest and with local knowledge regulate for the particular circumstances.

Section 6 of the Maritime Safety Act 2005, provides that by-laws may be made regulating or controlling the operation of craft or specified craft, including jet skis, by local authorities in waters in their functional areas, harbour authorities and Waterways Ireland in waters under their control or management. The by-laws can be used to prohibit or restrict in specified waters or at specified times/periods the use of such craft, for the purposes of, amongst other things, preventing nuisance to persons.

The Maritime Safety Directorate of my Department has issued guidelines to the relevant authorities, including Dublin City Council, on the powers available to them to regulate craft under the 2005 Act.

Furthermore, any person who feels that noise from a watercraft is causing a serious nuisance may raise the matter with the local authority or harbour authority concerned for consideration having regard to the provisions of the 2005 Act.

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. A public information leaflet outlining the legal options available to persons experiencing noise nuisance is available from the Department of Environment, Heritage and Local Government and on that Department's website, www.environ.ie.