Terence Flanagan (Dublin North East, Independent)
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244. To ask the Minister for Environment, Community and Local Government his plans to deal with noise in housing estates (details supplied) in Dublin. [35046/14]

Alan Kelly (Tipperary North, Labour)
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Section 107 of the Environmental Protection Agency (EPA) Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise. The Environment Section of the relevant City or County Council is the appropriate contact point for reporting a noise nuisance in this regard. However, these powers are aimed at mitigating noise of human origin emanating from any premises, processes or works and would not necessarily be suited for addressing nature derived noise from birds or other wildlife.

I am informed by the Department of Arts, Heritage and the Gaeltacht that all wildbirds, including seagulls, are protected under the Wildlife Acts 1976 to 2012 and the European Communities Birds Directive. However, there is a facility under the legislation for a person to obtain a permit from the Minister for Arts, Heritage and the Gaeltacht to take certain actions including the scaring, capturing or killing of birds where they are causing serious damage to buildings and other structures, food, agricultural crops, forestry plantations, other fauna, etc. However, the culling of such wild birds because of noise disturbance levels would generally not constitute a valid reason for the issue of any such permit.