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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 are 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 magistrate's 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 communieating with persons on a
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;
45.