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Statutory Nuisance (Aircraft Noise) Bill

A Bill to amend Part 3 of the Environmental Protection Act 1990 to make noise caused by aircraft a statutory nuisance; and for connected purposes.

A

BILL

TO

Amend Part 3 of the Environmental Protection Act 1990 to make noise caused by aircraft a statutory nuisance; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Amendment of section 79 of the Environmental Protection Act 1990

(1) Section 79 of the Environmental Protection Act 1990 (Statutory nuisances and inspections therefor) is amended as follows―

(2) After subsection (1)(ga) insert―

(gb) noise that is prejudicial to health or a nuisance and is emitted from or caused by an aircraft.”

(3) Omit subsection (6).

2 Duty on the Secretary of State to determine levels of noise prejudicial to health and that constitute a nuisance

(1) The Secretary of State must by regulations determine the level and frequency of noise from aircraft that is prejudicial to health and that constitute a nuisance.

(2) The power to make regulations is exercisable by statutory instrument.

(3) A statutory instrument containing regulations may not be approved unless—

(a) the Secretary of State has, at the same time as laying a draft of the instrument in accordance with paragraph (b), laid before each House of Parliament the medical evidence on which his or her determination was made; and

(b) a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

3 Short title, commencement and extent

(1) This Act may be cited as the Statutory Nuisance (Aircraft Noise) Act 2017.

(2) This section comes into force on the day on which this Act is passed.

(3) Section 2 shall come into force three months after the day on which this Act is passed.

(4) Section 1 shall come into force one year after the day on which this Act is passed.

(5) This Act extends to England, Wales and Scotland.


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