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NOISE ABATEMENT.
The Noise Abatement Act, 1960, came into operation on
27th November, 1960, the main provisions being as follows:-
(i) Noise or vibration. Under section 1, a noise
or vibration which would amount to a nuisance
at common law becomes a statutory nuisance
which can be dealt with under Part III of the
Public Health Act, 1936. Under this procedure,
local authorities will be able to require the
abatement of a noise or vibration nuisance by
the service of an abatement notice on the person
causing the nuisance or on the owner or occupier
of premises on which it arises, and if the notice
is not complied with it can be enforced by
proceedings in a magistrates court. Apart from
action by a local authority, three or more
occupiers of land or premises who are aggrieved
by a noise or vibration nuisance may make a
complaint to a magistrate.
The Act does not apply to noise or vibration
caused by aircraft, which are subject to other
statutory controls, nor to noise or vibration
caused by statutory undertakers in the exercise
of their powers. In the case of noise or
vibration caused in the course of a trade or
business it is a defence in any proceedings to
show that the best practical means have been
used for preventing it and counteracting its
effect;
(ii) Loudspeakers in streets. Section 2 of the Act
deals with the use of loudspeakers in streets.
It prohibits their use for any purpose between
9 p.m. and 8 a.m. except in the following
circumstances
(a) For Police, Fire Brigade or Ambulance
purposes, or by a local authority
within their area;
(b) For communicating with persons on
vessel for the purpose of directing
the movement of that or any other vessel;
(c) If the loudspeaker forms part of a
public telephone system;
(d) If the loudspeaker
(1) Is in or fixed to a vehicle; and
(2) is operated solely for the entertainment
of or for communieating with the driver
or a passenger of the vehicle or,where
the loudspeaker is or forms part of the
horn or similar warning instrument of
the vehicle, solely for giving warning
to other traffic; and
(3) is so operated as not to give reasonable
cause for annoyance to persons in the
vicinity;
(e) Otherwise than on a highway, by persons
employed in connection with a transport
undertaking used by the Public in a
case where the loudspeaker is operated
solely for making announcements to
passengers or prospective passengers or
to other persons so employed;
44.