Maureen O'Sullivan (Dublin Central, Independent)
Link to this: Individually | In context

Question 174: To ask the Minister for the Environment, Community and Local Government if, under section 108 of the EPA Act 1992, Iarnród Eireann are a prescribed undertaker for the purposes of construction and maintenance work; and in the event of a permit being granted or a company availing of an exemption if that company must adhere to environmental noise regulations and if these can be enforced. [10549/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

Iarnród Eireann has not been prescribed as a statutory undertaker under the Environmental Protection Agency Act, 1992.

Although Section 108 of the Act provides an exemption for such statutory undertakers as may be prescribed, no such exemption is provided under Section 107 of the Act, which allows local authorities to initiate proceedings on grounds of noise nuisance. Section 107 of the Act also provides that a person who is allegedly causing a noise nuisance can put forward a 'good defence' in Court if they can prove they took all reasonable care to prevent or limit the noise by using facilities, practices and methods of operation that are suitable for that purpose. However, it is ultimately a matter for the Court to decide if the noise gives reasonable cause for annoyance.