We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil

Written answer

Legislative Measures

180. Deputy Aisling Dempsey asked the Minister for Climate, Energy and the Environment if he is satisfied that current legislation adequately addresses the use of ultrasonic animal deterrent devices, particularly in built up areas; and if he will make a statement on the matter. [62324/26]

Comment on this
Darragh O'Brien Minister for Climate, Energy and the Environment Fianna Fáil

Disputes which arise between neighbours causing a nuisance can be difficult and stressful for the parties involved. There are a number of existing mediation options available to citizens who seek to resolve disputes with neighbours, some of which are free, for example the Community Law and Mediation Centres. Policy matters here are for my colleague, the Minister for Justice.

Current noise legislation does not explicitly cover ultrasonic animal deterrent devices. However, Sections 107 and 108 of the Environmental Protection Agency Act 1992 provide a mechanism to address nuisance noise from various sources. This allows affected individuals to bypass a full civil lawsuit and apply directly to the District Court for an order to restrain the noise.

In summary, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act, 1992. This course of action is usually undertaken only where a public nuisance is being alleged. The Act also provides for any person, or group of persons, to 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.

My Department has produced an information leaflet, A Guide to the Noise Regulations, on the legal remedies open to a person experiencing noise nuisance. The guide can be downloaded from the following link: https://assets.gov.ie/static/documents/a-guide-to-the-noise-regulations.pdf. A National Protocol for Dealing with Noise Complaints for Local Authorities was developed as a cooperative project between my Department, Local Authorities, and the Environmental Protection Agency. The Protocol provides guidance to Local Authorities, given existing legislation, as to what is considered best practice for dealing with noise complaints. The protocol can be accessed through the following link: www.dublincity.ie/sites/default/files/media/file-uploads/2018-08/National_Protocol_for_Dealing_with_Noise__Complaints_for_Local_Authorities.pdf.

Comment on this