Noise-noise law

Original Language Title: Wet geluidhinder

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Law of 16 February 1979, laying down rules for the prevention or limitation of noise

We Juliana, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

All of them, who will see or hear these, saluut! do know:

Having considered that it is necessary, in the interests of the protection of the environment and of public health, to lay down rules on the prevention or limitation of noise,

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter I. General

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Article 1

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For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

Other sound sensitive building : in the case of a general measure of management as such designated building, other than a dwelling, which, by its purpose, requires special protection against noise, in terms of destination, the use to which it is authorized on the basis of the zoning plan, the management regulation, referred to in Article 3.38 of the Spatial Planning Act , or, if with application of Article 2.12, first paragraph, of the General Provisions Act from the destination plan or management regulation, the environment permit, intended Article 1.1, first paragraph, of the latter law ;

Builtup : built-up bowl, determined by the Road Traffic Act 1994 ;

Destination plan : Destination plan as referred to in Article 3.1 of the Spatial Planning Act , an entry plan as referred to in Article 3.26 or 3.28 of that Act (c) including:

outer-urban area : area beyond builtup, as well as for the application of the Chapter VI and VII in so far as it concerns a motorway or motorway as intended in the Rules of Procedure and Control of Traffic (1990) , the area within the builtup bowl, so far lying within the zone along that motorway or motorway;

equivalent noise level : average-to be determined by an our Minister under the application of Article 110d the manner in which the alternation levels of the sound occurring in the course of a given period of time, determined in accordance with the rules laid down by our Minister pursuant to that Article, are to be established;

Equivalent noise level of equivalent noise level in dB (A) in relation to an industrial site : highest of the following three values:

  • 1 °. the value of the equivalent noise level over the period 07.00-19.00 (day);

  • 2 °. the increase of 5 dB (A) of the equivalent noise level for the period 19.00-23.00 (evening);

  • 3 °. the 10 dB (A) value of the equivalent noise level over the period 23.00-07.00 hours (night);

Equivalent noise level of the equivalent noise level in dB (A) in relation to road : highest of the following two values:

  • 1 °. the value of the equivalent noise level over the period 07.00-19.00 (day);

  • 2 °. the 10 dB (A) value of the equivalent noise level over the period 23.00-07.00 hours (night);

Sound : human ear observable air vibrations;

noise nuisance : danger, damage or nuisances, due to noise;

sound ceiling card : map showing roads and railways as well as the projected roads and railways, on which: Title 11.3 of the Environment Environment Act and the following provisions shall apply;

sound load within a dwelling : noise load within a sound-sensitive area;

noise load in dB (A) due to an industrial site : the equivalent sound level of the equivalent noise level in dB (A) at a given location, caused by the joint establishments on an industrial site;

noise load in dB (A) due to road : the equivalent sound level of the equivalent noise level in dB (A) at a given location, caused by the common road traffic on a particular road part or a combination of road sections;

noise load in dB : a total number of noise loads to be completed in Lden at a place and because of a source for all periods of 07.00-19.00, from 19.00-23.00 and from 23.00-07.00 in one year as defined in Annex I, part 1, of Directive No 2002 /49/EC from the European Parliament and the Council of the European Union of 25 June 2002 on the evaluation and control of environmental noise (PbEG L 189);

sound load Lnight : noise pollution in a place and because of a source covering all periods of 23.00-07.00 in one year as defined in Annex I, Section 2, of Directive No 2002 /49/EC from the European Parliament and the Council of the European Union of 25 June 2002 on the evaluation and control of environmental noise (PbEG L 189);

sound-sensitive space : a space within a dwelling to the extent that it is apparently used as a sleeping, living or dining room or intended for such use, and a kitchen of at least 11 m 2 ;

sound-sensitive terrain : in the case of a general measure of management, designated as such, which, by reason of its intended purpose, requires special protection against noise, the use of which is based on the use permitted on the basis of the zoning plan, the management regulation, referred to in Article 3.38 of the Spatial Planning Act , or, if with application of Article 2.12, first paragraph, of the General Provisions Act from the destination plan or management regulation, the environment permit, intended Article 1.1, first paragraph, of the latter law ;

Noise level in dB (A) : measured or calculated level of noise, expressed in dB (A) in accordance with the rules laid down by the International Electrotechnical Commission;

sound power : quantity of sound energy which can be radiated to the ambient air by an appliance or device per unit of time;

Projected road : road not yet under construction, in the construction of which a related zoning plan provides;

Projected dwelling or building : non-existing or non-existent building, for which the applicable zoning plan provides for the environment permit for a construction activity as referred to in Article 4 (2). Article 2.1, first paragraph, point (a) of the General Provisions Act but it has not yet been issued;

Facade : architectural construction that separates a space in a dwelling or building from the outdoors, including the roof;

Main railway : under Article 2 of the Railway Act designated main railway, other than a rail road;

Main road : a road for which a link is indicated on a map of indicative and limitative main road links, which belongs to a structure vision as defined in Article 2.3 of the Spatial Planning Act ;

Industrial site: (i) the main purpose of which is the establishment of establishments and the destination of which, for the whole or part of the site, is open to establishment of establishments of a kind which is of a general interest in the territory of the Community. Measure of management to designate category of devices, which may cause significant noise nuisance;

Establishment : Establishment as designated under Article 1.1, third paragraph, of the Environmental Management Act ;

Inspector : as such, by decision of our Minister, designated by the Minister;

International racecircuit: TT-Circuit Assen, Circuit Park Zandvoort or any other paved circuit to be referred to ministerial arrangement for the holding of large-scale international competitions for motorised vehicles;

motor vehicle : motor vehicle as intended for use in the vehicle Rules of Procedure and Control of Traffic (1990) ;

IN : standard issued by the Netherlands Standards Institution;

Our Minister : Our Minister for Housing, Spatial Planning and the Environment;

reconstruction of a road : one or more changes to or to an existing road, resulting from an acoustic examination as referred to in Article 4 (2). Article 77, first paragraph, point (a) , and Article 77, third paragraph , it appears that the calculated noise load is due to the road in the future year of measure without affecting the noise tax applied on the basis of the Article 100 Or certain under Article 100b, introductory wording and point (a) , if the maximum permissible sound load is increased by 2 dB or more;

Lane -a strip of the carriageway of a road which is sufficient to accommodate a single row of motor vehicles on more than three wheels, or, if a wider strip is indicated as a lane of lane, if by means of marking, that strip;

railway : railway as intended Article 1 of the Railway Act ;

Urban area : area within the builtup, but, for the purposes of the application of the Chapter VI and VII in so far as it concerns a motorway or motorway as intended in the Rules of Procedure and Control of Traffic (1990) , with the exception of the area within the builtup, to the extent lying within the zone along that motorway or motorway;

Apparatus : aircraft which, if used otherwise than by human energy, cannot cause noise, including an aircraft;

tracédecision : tracédecision as referred to in the Tracéwet ;

Identification of a zoning plan : to establish or revise a zoning plan;

Road : open road or open path for public driving or other traffic, including bridges or divers which are in it, and a railway that is not indicated on the map, intended for use in the open road or traffic area. Article 106 , or the sound ceiling map;

Road-trailer : contractor to construct or reconstruct a road;

Road in construction : away with the construction of which a start of implementation has been made;

Dwelling : building or part of a building where habitation is permitted under the zoning plan, the management regulation, intended in Article 3.38 of the Spatial Planning Act , or, if with application of Article 2.12, first paragraph, of the General Provisions Act from the destination plan or management regulation, the environment permit, intended Article 1.1, first paragraph, of the latter law ;

house or building under construction : non-existing or non-existent building, for which the environment permit for a construction activity as referred to in Article 2.1, first paragraph, point (a) of the General Provisions Act has been issued.


Article 1a [ Expaed by 01-07-2012]

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Article 1b

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  • 1 By way of derogation from Article 1 A general measure of administration may provide that, for the purpose of determining the noise tax because of an industrial estate, due to a road, or because of a railway, of the façade of the categories of other sound-sensitive areas specified in the measure. buildings, the value of the noise tax over the period 19.00-23.00 (evening) or the period 23.00-07.00 (night) shall not be taken into account to the extent that the said buildings are not intended to be used in accordance with their intended purpose during the period in question. used.

  • 2 By way of derogation from Article 1 The law and the provisions based thereon shall not be taken into account in the determination of noise pollution in dB (A) due to an industrial site:

    • a. the sound of wind turbines which generate renewable energy;

    • b. Noise due to an international racecirc for a maximum of 12 days per calendar year.

  • 3 In this law and the provisions based thereon, the noise tax Lnight because of an industrial estate, because of a road and because of a railway, is not applicable to the façade of general management measures. categories of other sound-sensitive buildings, to the extent that those buildings are not used in accordance with their intended use during the period concerned.

  • 4 By way of derogation from Article 1 shall not be understood as being under a façade within the meaning of this Act and the provisions which it is based:

    • a. An architectural structure in which there are no parts to be opened and with a characteristic sound wall in NEN 5077 which is at least equal to the difference between the sound load of that structure and 33 dB or 35 dB dB (A), and

    • b. A structural construction in which only parts to be opened exceptionally are present, provided that the parts do not directly border a sound-sensitive area.

  • 5 By way of derogation from Article 1 (i) a change to or to a road in this law and the following provisions shall not be taken to mean a change consisting only of:

    • a. A speed reduction;

    • b. The replacement of a road-coating by means of a road coating having the same or a greater noise-reducing operation; or

    • (c) a speed increase to the maximum of the maximum speed applicable to a temporary speed reduction introduced as a measure in a programme as referred to in Article 2 (2). Article 5.12 of the Environmental Protection Act .

  • 6 In the case of a temporary rate reduction as referred to in point (c) of the fifth paragraph, the value of the noise tax, as it would be without the temporary rate reduction, shall be considered to be the present value.

  • 7 In the case of a general measure of management, it may be determined that the categories of buildings specified in this Regulation are not to be regarded as dwelling within the meaning of this Act.


Article 1c

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Chapter II. Appliances and sound-proofing devices

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§ 1. Machinery

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Article 2 [ Expired by 01-01-2012]

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Article 3 [ Expired by 01-01-2012]

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Article 4 [ Expired by 01-01-2012]

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Article 5 [ Expired by 01-01-2012]

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Article 6 [ Expired by 01-01-2012]

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Article 7 [ Expired by 01-01-2012]

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Article 8 [ Expired by 01-01-2012]

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§ 2. Noise-related devices

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Article 9 [ Expired by 01-01-2012]

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Article 10 [ Expired by 01-01-2012]

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Chapter III

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Article 11 [ Verfall by 01-03-1993]

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Article 12 [ Expaed by 01-03-1993]

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Article 13 [ Verfall by 01-03-1993]

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Article 14 [ Exp. by 01-03-1993]

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Article 15 [ Expaed by 01-03-1993]

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Chapter IV

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§ 1. General provisions

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Article 16 [ Expaed by 01-03-1993]

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Article 17 [ Expired on 01-03-1993]

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Article 18 [ Verfall by 01-03-1993]

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Article 19 [ Verfall by 01-03-1993]

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Article 20 [ Verfall by 01-03-1993]

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Article 21 [ Verfall by 01-03-1993]

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Article 22 [ Exp. by 01-03-1993]

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Article 23 [ Exp. by 01-03-1993]

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Article 24 [ Verfall by 01-03-1993]

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Article 25 [ Expaed by 01-03-1993]

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Article 26 [ Expaed by 01-03-1993]

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Article 27 [ Expaed by 01-03-1993]

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Article 28 [ Verfall by 01-03-1993]

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Article 29 [ Verfall by 01-03-1993]

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Article 30 [ Expired on 01-03-1993]

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Article 31 [ Expated by 01-03-1993]

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Article 32 [ Expaed by 01-03-1993]

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§ 2. The amendment, revocation and revocation of the authorisation

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Article 33 [ Expated by 01-03-1993]

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Article 34 [ Verfalls per 01-03-1993]

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Article 35 [ Exp. by 01-03-1993]

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Article 36 [ Expaed by 01-03-1993]

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Article 37 [ Exchanges by date 01-03-1993]

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Article 38 [ Expaed by 01-03-1993]

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§ 3. Other provisions

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Article 39 [ Exp. by 01-03-1993]

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Chapter V. Zones around industrial site

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Section 1. Noise zones

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§ 1. Establishment, modification and elimination of noise zones

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Article 40

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Where, when determining the land zoning plan, the land is to be assigned to a destination which will result in an industrial site, an area situated around the area concerned shall be determined beyond the noise because of this terrain the value of 50 dB (A) shall not exceed.


Article 41

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  • 1 A under Article 40 the area determined may be changed or cancelled only when a destination plan is adopted or amended, except that termination can only take place where the destination of the site concerned has been modified so as to enable it to No more industrial park.

  • 2 An amendment of a zone shall not seek to provide any area within which, subject to the ambient conditions already granted, activities relating to an establishment as referred to in Article 2 (2) Article 2.1, first paragraph, point (e) of the General Provisions Act The environmental law and the associated requirements shall be subject to a higher noise load, due to the industrial site, exceeding 50 dB (A), and ceases to be part of the zone.

  • 3 A closed area shall exist for as long as one or more establishments are located in the field, belonging to a category of devices to be classified by general management of the system of facilities capable of causing a significant degree of noise nuisance.

  • 4 Without prejudice to the first paragraph, the Municipal Council may, by decision, define the limitation of an industrial site on which the established area is based.


Article 42

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  • 1 In preparing for the adoption or modification of a zone, an acoustical inquiry shall be carried out for the mayor and aldermen:

    • a. The noise pollution caused by dwellings within the designed zone, as well as by other sound-sensitive buildings or by sound sensitive areas, because of the industrial site, without the influence of measures; which limit the noise load;

    • (b) the effectiveness of the eligible measures in order to ensure that the sound loads of the objects referred to in (a) in the future because of the industrial site are not the values which, as a result of the measures taken by the Articles 44 and 47, 1st Member The maximum permissible level would be higher than the maximum permissible.

  • 2 If consideration is to be given to Article 45 , 46 or 47, second paragraph , the acoustic examination shall also cover the effectiveness of the measures to comply with the higher value for the maximum permissible sound load.


Article 43 [ Verfalls by 01-07-2008]

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Article 44

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The maximum permissible sound load due to the industrial site concerned, of the façade of dwellings within a Article 40 The zone to be determined shall be subject to Article 45 , 50 dB (A).


Article 45

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  • 1 For the highest permissible sound load specified in the Article 44 , a higher value than the value specified in that Article may be determined, provided that the value for projected dwellings is 55 dB (A) and 60 dB (A) for existing or under-construction dwellings.

  • 2 In the case of a general measure of management, it may be decided that the power referred to in paragraph 1 may be applied only in cases to be notified to that measure.


Article 46

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  • 1 When changing a zone, the Article 44 or 45 The value applicable to dwellings in that area is changed.

  • 2 An increase of the value referred to in paragraph 1 shall not exceed 5 dB (A), subject to the following conditions:

    • (a) The person for whom the value is increased has stated that, at the latest, he shall make available at the latest the increase in financial resources for the purpose of implementing measures for the purpose of the noise pollution by reason of the Industrial estate, of the façades of dwellings which are subject to a higher noise pollution by the modification of the zone or the identification of the zoning plan, and which are to be met Article 111b, first paragraph, point (b) , and

    • b. 55 dB (A) and 60 dB (A) not exceeding 60 dB (A) at the time of the initial landing position, the value of the dwellings projected at the time of the initial landing position concerned is 55 dB (A).

  • 3 In the case of a general measure of management, it may be decided that the power referred to in paragraph 1 may be applied only in cases to be notified to that measure.


Article 47

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  • 1 In the case of general management measures, values shall be established for the maximum permissible sound load, by reason of the industrial estate, of the façade of other sound-sensitive buildings and at the border of sound sensitive areas within the Community. a zone.

  • 2 For the highest permissible sound load referred to in paragraph 1 above, higher than the values determined under the first paragraph may be determined, subject to the general measure of management. limit shall not be allowed to exceed the limits.

  • 3 In the case of the measure referred to in paragraph 2, the powers referred to in paragraph 1 may be applied only in cases to be notified to that measure.


§ 2. Effects of the sun setting or change in respect of zoning

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Article 48

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  • 1 In determining a zoning plan or a change or work plan as referred to in Article 3.6 (a) or (b) of the Spatial Planning Act which relates, in whole or in part, to land which, pursuant to that finding or remain, belong to a zone, is covered by the industrial estate, from the façade of dwellings, from other sound-sensitive areas, to the area of noise. buildings and at the border of sound sensitive areas within the zone, the values observed, Article 44 , below 47, 1st Member , if the maximum permissible level is to be considered.

  • 2 By way of derogation from the first paragraph, the adoption of a zoning plan or a change or work plan as referred to in that paragraph shall be complied with, provided that:

  • 3 The Articles 42 and 43 shall apply mutatis mutandis in the event of the adoption of a zoning plan or a change or work plan to cover, in whole or in part, grounds already in the form of an under- Article 40 Established area.


Article 49

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In deciding on an application for an environmental permit in which application of Article 2.12, first paragraph, point (a), (2) or (3), of the General Provisions Act In so far as it concerns a derogation for a period of more than 10 years from the destination plan, which relates, in whole or in part, to grounds belonging to a zone, to the noise tax, due to the fact that the derogation is Industrial estate, of the façade of dwellings, of other sound-sensitive buildings and at the border of sound sensitive areas within the zone, the values observed at or under the Articles 44 to 47 , the Experimented Law City and Environment and the Interim-law city-and-environmental approach the expression 'the maximum permissible'.


§ 3. Operations within noise zones

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Article 50

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In relation to newly constructed dwellings in an area located within an area of an industrial estate with activities that are seaport-bound activities and necessarily occurring in the open air, may, by way of derogation from Article 48 for dwellings where the noise load is mainly determined by those activities, a value of not more than 60 dB (A) shall be fixed if these dwellings are being built as part of a restructuring, or a planned thickening of the properties of an existing residential area, or where the dwellings are built adjacent to the existing housing area and only a limited extension of the existing residential area.


Article 51

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With regard to new dwellings to be built, which are intended to replace existing dwellings or other sound-sensitive buildings which have been subject to the application of Article 47, first paragraph , may, by way of derogation from Article 48 a value of not more than 65 dB (A) shall be fixed, it being understood that the replacement shall not lead to:

  • a. a major change of the existing urban planning function or structure;

  • b. a substantial increase in the number of noise impediers on a construction plant level evaluation of up to 100 dwellings.


Section 2. Existing noise zones

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§ 1. Terms

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Article 52

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For the purposes of this section and the provisions based thereon, the term 'existing zone' means a zone around a industrial site existing on 1 January 2007.


§ 2. Continuation, modification and lifting of existing noise zones

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Article 53

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  • 1 Outside an existing area the noise load must not exceed the value of 50 dB (A) due to the industrial estate.

  • 2 The maximum permissible sound loads for dwellings, other sound-sensitive buildings and sound-sensitive areas in force on 1 January 2007 shall continue to apply.


Article 54

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The Articles 41 to 43 and 47 apply mutatis mutandis to the modification or removal of an existing zone.


Article 55

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  • 1 If an existing zone is changed or a zoning plan is being established for land which, under that determination, remains part of the existing zone, the value of the dwellings in that area may be Article 53, second paragraph , the maximum permissible sound load applicable shall be changed.

  • 2 In the case of a general measure of management, it may be decided that the powers referred to in paragraphs 1 and 4 may be applied only in cases to be notified to that measure.

  • 3 An increase of the value referred to in paragraph 1 shall not exceed 5 dB (A), subject to the following conditions:

    • (a) The person for whom the value is increased has stated that, at the latest, he shall make available at the latest the increase in financial resources for the purpose of implementing measures for the purpose of the noise pollution by reason of the 'industrial estate', of the facades of dwellings which are subject to a higher noise pollution by the modification of the existing zone or the identification of the zoning plan, and which are to be met by Article 111b, first paragraph, point (a) or (b) , and

    • b. 55 dB (A) and 60 dB (A) not exceeding 60 dB (A) at the time of the first residential set of dwellings projected at the time of the first installation of the solar system.

  • 4 If an existing zone is changed, if a zoning plan is established for land which is part of the existing zone for the purposes of that finding, it may, in respect of projected dwellings in buildings or under construction, be set up in that A value greater than 50 dB (A) shall be set at a value greater than 50 dB (A), with a value of 55 dB (A) for projected dwellings and 60 dB (A) not exceeding 60 dB (A) existing or under construction.


Article 56

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  • 1 In the case of other noise-sensitive buildings and noise-sensitive areas in that area, the value of the land in question may be changed to an existing zone or to establish a zoning plan, applicable to land in the area concerned. land of Article 53, second paragraph , the maximum permissible sound load applicable shall be changed.

  • 2 In the case of a general measure of management, it may be decided that the power referred to in paragraph 1 may be applied only in cases to be notified to that measure.

  • 3 An increase of the value referred to in paragraph 1 shall not exceed 5 dB (A), subject to the following conditions:

    • (a) The person to whom the value is increased has stated that he shall at the latest be made available at the latest by the increase in financial resources for the purpose of implementing measures as referred to in Article 3 (2). Article 113 , with regard to the other sound-sensitive buildings or sound sensitive areas affected by the modification of the existing zone or the establishment of the zoning plan, and

    • b. The value of 55 dB (A) of other sound-sensitive buildings or sound-sensitive buildings, projected at the time of the first solar setting, and other sound-sensitive, whether present or under construction at the time of the first solar axle 60 dB (A) shall not be allowed to exceed 60 dB (A) buildings or sound sensitive areas.


§ 3. Impact of the sun setting or change with regard to destination plans

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Article 57

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  • 1 In determining a zoning plan or a change or work plan as referred to in Article 3.6 (a) or (b) of the Spatial Planning Act relating, in whole or in part, to land which, pursuant to that finding, is or will continue to be an existing zone in respect of noise, due to the industrial estate

    • a. of the façade of dwellings, within the existing zone, the values in force at the time of adoption of the existing zone. At the time of determining the existing zone within the area, under construction or projected dwellings, this is the value of 55 dB (A), unless at that time the noise load of such dwellings was lower or equal to 50 dB (A), in Which case is the maximum permissible sound load 50 dB (A). The preceding sentence shall not apply to the establishment of the existing zone within the area present or under construction which, at that time, already has a higher noise level, owing to the industrial estate, 55 dB (A).

    • (b) in respect of the facade of other sound-sensitive buildings and at the border of sound sensitive areas within the zone, the values observed at the time of the adoption of the existing zone by a general measure of management The maximum permissible sound load rating was considered.

  • 2 By way of derogation from the first paragraph, the adoption of a zoning plan or a change or work plan as referred to in that paragraph shall be complied with, provided that:

    • (a) these funds or have been established;

    • (b) values are necessary in such a way as to result from the adoption of the plan by way of derogation from the draft, as it has been made available for inspection, on which values by the Member States which have been deputed reasonably with the application of Article 55, first and second paragraphs , they will be determined.

  • 3 The Articles 42 and 43 shall apply mutatis mutandis in the event of the adoption of a zoning plan, or a change or work plan covering, in whole or in part, land already in an existing zone.


Article 58

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In deciding on an application for an environmental permit in which application of Article 2.12, first paragraph, point (a), (2) or (3), of the General Provisions Act In so far as it concerns a derogation for a period of more than 10 years from the zoning plan, which relates, in whole or in part, to grounds belonging to an existing zone, to the noise tax, because of the industrial estate, of the façade of dwellings, of other sound-sensitive buildings and at the border of sound sensitive areas within the zone, the values observed, which at the time of determining the existing zone as the At the highest permissible level.


§ 4. Operations within noise zones

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Article 59

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  • 1 With respect to the highest permissible sound load, due to an industrial estate, from the façade from within the zone to be built, and not yet projected dwellings, the Articles 44 and 45 applicable mutatis mutandis, except that the value to be fixed must not exceed 55 dB (A).

  • 2 With respect to the maximum permissible sound load due to an industrial site, from the façade from within the zone to build new sound-sensitive buildings and on the border of noise sensitive to be reconstructed within the zone Land is Article 47 applicable mutatis mutandis.


Article 60

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When applying Article 59 in the case of newly constructed dwellings in an area located within an existing zone of an industrial estate with activities which are seaport-bound activities and necessarily occurring in the open air, can be used for dwellings of which the noise load is determined mainly by those activities, a value of up to 60 dB (A), if these dwellings are constructed as part of a restructuring, or a planned densification of an existing residential area; or when the dwellings are built adjacent to the existing residential area and only talk is from a limited extension of the existing residential area.


Article 61

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When applying Article 59 in the case of new dwellings to be built, which are intended to replace existing dwellings or other sound-sensitive buildings for which a value higher than the maximum permissible value has been established, a value may be fixed for up to 65 dB (A), except that the replacement shall not lead to:

  • a. a major change of the existing urban planning function or structure;

  • b. a substantial increase in the number of noise impediers on a construction plant level evaluation of up to 100 dwellings.


§ 5. Remediation

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Article 62

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  • 1 The Member States deputed shall apply only to the dwellings which have been notified under Article 62, first paragraph, which was the same as from 1 January 2007 to Member States, in compliance with the rules laid down by the second paragraph, and having regard to the measures taken in relation to other dwellings within the zone resulting from the sun setting, Section 2, § 2 and 3, of Chapter V of the Noise Nuisance Act as they were in place on 1 January 2007, a programme of measures which would, in their opinion, qualify for the noise tax, by reason of the industrial estate, of the facades of the dwellings referred to in the first paragraph Limit to 55 dB (A) and comply with Article 111b, first paragraph, point (a) . In the case of a general measure of management, it may be laid down that one or more of the corresponding programmes should also be drawn up, aimed at limiting the noise pollution of the facades of the dwellings referred to in the measure. higher values.

  • 2 In the case of a general measure of management, rules shall be laid down concerning the nature of the measures to be taken into account and circumstances under which such measures are to be taken, as well as on the design of a programme as referred to in the second paragraph and the Time of implementation. It may also specify that Member States may, when drawing up a programme, provide for the use of a noise tax as a result of foreseeable developments in the categories of cases indicated.


Article 63

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  • 1 The Member States deputed shall submit it Article 62, first paragraph , the programme of measures drawn up without delay to our Minister.

  • 2 Our Minister proposes the housing covered by the programme within six months of receipt of the maximum permissible sound load, because of the industrial estate, on the façade, it being understood that the latter is not The value of 65 dB (A) shall not exceed this value. The gelding of this value can be tied to conditions.

  • 3 Our Minister makes his decision to inform the Member States and to the mayor and to aldermen. At the same time as this communication, he shall communicate to the Member States and to the Mayor and to the Commission, in respect of each of the cases covered by the decision, which are the subject of the fourth paragraph, which are the subject of the fourth paragraph. Aldermen to what extent and to what period he intends to give notice to the relevant member.

  • 4 In respect of each of the cases in question, our Minister shall adopt measures aimed at reducing noise pollution by the industrial site from the facades of the dwellings concerned up to the date of the decision, Referred to in the second paragraph, the value fixed. These measures also, depending on the value of this value, extend the noise tax, due to the industrial site, within the dwelling. To the measures adopted by Our Minister Article 125 and Article 15.20, first paragraph, point (b) of the Environment applicable. It shall make its decision on the adoption of measures, communication to the Member States and on the mayor and aldermen.


Article 64

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In relation to other sound-sensitive buildings and sound sensitive areas, general management of the subjects dealt with in residential buildings in the Articles 62 and 63 rules. In so doing, provisions of those Articles may be declared applicable mutatis mutandis.


Section 3. Other requirements

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Article 65

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In the application of Article 2.14, first paragraph, point (c) of the General Provisions Act may have the authority, by way of derogation from the Articles 40 , 44 to 47 , 50 , 51 , 53 to 56 , 59 to 61 , 63, second paragraph , or 64 to determine the 2 dB (A) above the values referred to in those Articles, if:

  • a. On one or more places within the zone or on the zone border, the noise load equals the maximum permissible sound load;

  • (b) where applicable, the availability of land for establishment or modification of a facility makes this possible;

  • c. The noise load is determined to a significant extent by the devices to which Article 8.40 of the Environmental Protection Act has been applied; and

  • d. It can reasonably be assumed that the noise load will be reduced at the level of the previously applicable values within a reasonable period of time.


Article 66

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Without prejudice Article 65 may have jurisdiction in the application of Article 2.14, first paragraph, point (c) of the General Provisions Act derogation from the Articles 40 , 44 to 47 , 50 , 51 , 53 to 56 , 59 to 61 , 63, second paragraph , or 64 . Articles 2 , 4, first paragraph, point (c) and third member , 5 to 8 and 11 to 19 of the Interimwet city-and-environmental approach shall be applicable mutatis mutandis.


Article 67

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  • (1) If the noise load exceeds the value of 50 dB (A) outside an existing area due to an industrial estate, or at one or more places within the zone or on the zone border, the sound load is higher than the maximum permissible sound load noise pollution, the mayor and aldermen establish a noise reduction plan for the industrial site in question.

  • 2 A noise reduction plan shall contain at least a description of:

    • a. The policy to be implemented to reduce noise pollution within and outside the existing zone;

    • (b) the planned measures to be taken in the next five years to reduce noise pollution within that period for the whole industrial site up to the limit laid down in the said limits;

    • (c) the manner in which the reduction in noise pollution from the industrial site concerned will be achieved if the noise load has not been reduced below the limit values within the period mentioned in (b).

  • 4 Mayor and aldermen do not set up a noise reduction plan than after the local council has been sent a design of the noise reduction plan and has been given the opportunity to express his wishes and views of the mayor and aldermen. -

Chapter VI. Zones along roads

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Section 1. General

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Article 68 [ Expired by 01-01-2007]

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Article 69 [ Verfall by 01-01-2007]

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Article 69a [ Expired by 01-01-2007]

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Article 70 [ Verfalls per 01-01-2007]

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Article 71 [ Verfall by 01-01-2007]

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Article 72 [ Verfall by 01-01-2007]

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Article 73

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This Chapter shall apply to:

  • a. The construction and reconstruction of roads which are not indicated on the sound ceiling map;

  • b. The remediation of the land-based Article 88, first paragraph As stated before 1 January 2007, existing housing, other sound-sensitive buildings and sound sensitive areas reported to Our Minister, insofar as they have not been reported due to the noise pollution of roads declared on the sound ceiling map;

  • c. The projection of dwellings, other sound-sensitive buildings and sound sensitive areas within the zones of roads, intended for Article 74 .


Article 74

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  • 1 A road has a zone extending from the axis of the road to the following width on either side of the road:

    • a. in urban area:

      • 1 °. for a road, consisting of one or two lanes or one or two tracks: 200 metres;

      • 2 °. for a road, consisting of three or more lanes or three or more tracks: 350 metres;

    • b. in the outer-urban area:

      • 1 °. for a road, consisting of one or two lanes or one or two tracks: 250 metres;

      • 2 °. for a road, consisting of three or four lanes or three or more tracks: 400 metres;

      • 3 °. for a road, consisting of five or more lanes: 600 meters.

  • 2 The first paragraph shall not apply in respect of road:

    • a. that is located within a territory designated as a resident, or

    • b. For which a maximum speed of 30 km per hour applies.

  • 3 For the purposes of applying Article 76 if it concerns a road to be submitted as referred to in the first or third paragraph of that Article, it shall be deemed to be present as soon as it is included in a draft destination plan.

  • 4 The space above and below the road belongs to the zone.


Article 75

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  • 1 The distances mentioned in Article 74, first paragraph , shall be measured on either side of the road from the outer boundary of the outer lane or the outer track.

  • 2 If, along a road, a zone consisting of parts having a different width is different, the connection of the different zone parts shall be that the widest zone over a distance is equal to one third of the width of that zone. Zone, measured from the point of freshness of the zone width, passing through the wegas and connecting to the narrowest zone by means of a lead line.

  • 3 At the ends of a road, the zone passes through over a distance equal to the width of the zone at the height of the end of the road. The zone runs along a line which is located in the extension of the weagas. It retains the width that it had at the height of the end of the road.


Section 2. Measures relating to new situations in zones

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§ 1. Destination Plan

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Article 76

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  • 1 In determining a zoning plan or a change or work plan as referred to in Article 3.6 (a) or (b) of the Spatial Planning Act which relates, in whole or in part, to land belonging to a zone as referred to in Article 74 In the case of noise, due to the road through which the area is situated, the façade of dwellings, other sound-sensitive buildings and noise-sensitive areas within that zone shall be the values observed in that area, Article 82 and 100 the expression 'the maximum permissible'.

  • 2 By way of derogation from the first paragraph, the adoption of a zoning plan or a change or work plan as referred to in that paragraph shall be complied with, provided that:

    • a. with application of Article 83 , 85 or 100a values are determined for the determination of the zoning plan or the change or work plan to be established, or

    • b. are necessary such values as a result of the adoption of the plan by way of derogation from the design, as it has been made available for inspection, which are reasonably applicable to the application of the plan; Article 83 , 85 or 100a , they will be determined.

  • 3 If, at the time of adoption of a zoning plan or a change or work plan, a road is already in place or under construction, the first and second members shall not apply to the plan or zone of the plan. include dwellings, other sound-sensitive buildings and sound-sensitive areas, which are already present or under construction at that time.


Article 76a

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In deciding on an application for an environmental permit in which application of Article 2.12, first paragraph, point (a), (2) or (3), of the General Provisions Act In so far as it concerns a derogation for a period of more than 10 years from the destination plan, which relates, in whole or in part, to grounds relating to a zone as referred to in Article 2 (2) of Regulation (EEC) No 108thereto. Article 74 In the case of noise, due to the road through which the area is situated, the façade of dwellings, other sound-sensitive buildings or the border of sound sensitive areas within that zone shall be respected by the values which, in the light of the Articles 82 , 83 , 85 , 100 and 100a the expression 'the maximum permissible'.


Article 77

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  • 1 In preparing for the adoption of a zoning plan or a change or work plan as referred to in Article 4 (1), Article 3.6 (a) or (b) of the Spatial Planning Act which relates, in whole or in part, to land belonging to a zone as referred to in Article 74 , or when preparing an environment permit as intended in Article 76a , due to the mayor's and aldermen's acoustical research, is hereby set up to:

    • a. the noise pollution of dwellings within the area, as well as by other sound-sensitive buildings or by noise sensitive areas, without the influence of measures limiting the noise load;

    • (b) the effectiveness of the eligible traffic measures and other measures to prevent the future noise pollution of the objects referred to in (a) as a result of the road noise pollution of the objects referred to in the Article 82 or Article 100 is to be considered as a maximum permissible above.

  • 2 If consideration is to be given to Article 83 , 85 or 100a the acoustic examination shall also cover the effectiveness of the measures to comply with the higher values for the maximum permissible sound load.

  • 3 If the identification of the destination plan or the amendment or plan of work or the exemption decision referred to in the first paragraph relates to the reconstruction of a road, also acoustical research shall be carried out at the same time as the prevailing value.


Article 78 [ Exchanges by reference to 25-02-2005]

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§ 2. Construction of a road outside the application of the destination plan

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Article 79

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The construction of a road other than on the basis of a corresponding Articles 76 and 77 a revised or revised zoning plan shall not proceed in the case of housing or other sound-sensitive buildings or areas of sound-sensitive land, under construction or projected, within the existing or future area of the area. agree to a decision by mayor and aldermen, pursuant to Article 81 taken on the basis of a communication of his intention to the mayor and to aldermen of his intention and after a declaration of intent to Article 80 set up.


Article 80

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  • 1 Due to the road trailer an acoustic examination of the inside the area is being carried out within the area Article 77 set definition.

  • 2 The results of the investigations initiated are presented by the road to the mayor and aldermen, together with a description of the measures which are necessary to enable them to be considered in the Article 81, first paragraph , defined purpose.


Article 81

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  • 1 Within three months after the results of Article 80 The investigation has been obtained, the mayor and aldermen make a decision, determining which measures are necessary to prevent the noise pollution from causing within the zone following the construction of the road, the values which, as a result of the Articles 82 , 83 and 85 if the maximum permissible level would be exceeded.

  • 2 The decision shall be communicated to the semi-trailer.


§ 3. Maximum permissible sound load in zones

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Article 82

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  • 1 Subject to the entry in the Articles 83 , 100 and 100a certain is the permissible sound load on dwellings within a zone of the façade because of the road, 48 dB.

  • 2 In the case of a general measure of management, values shall be established for the maximum permissible sound load, by reason of a road, of the façade of other sound-sensitive buildings, and on the border of sound sensitive areas within a zone.


Article 82a [ Expired by 01-01-2007]

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Article 83

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  • 1 For the highest permissible sound load as specified in the Article 82, first paragraph , a higher value than the value specified in that Article may be determined, it being understood that, outside the cases referred to in the following paragraphs, this value does not apply to dwellings in the urban area of 53 dB and to dwellings in the urban area 58 dB. It may be too high.

  • 2 Where the first paragraph applies to dwellings still to be built in the urban area which are not yet projected, a higher level of noise may be higher than those mentioned in that paragraph due to existing or foreseeable noise. value, it being understood that the value of the value of the value is not to exceed 63 dB.

  • 3 When application of the first paragraph relating to dwellings which are already present or under construction, for future noise, due to a road which is not yet projected:

    • (a) in so far as housing is concerned in the urban area, a higher than the value specified in that paragraph shall be determined, provided that the value of the housing is not to exceed 63 dB;

    • (b) in so far as the dwellings in the suburbs are concerned, a higher value than that mentioned in that paragraph shall be determined, provided that the value of the latter does not exceed 58 dB.

  • 4 In the case of dwellings still to be built in the urban area and which are not yet projected and which are necessary on the spot because of the pursuit of an agricultural holding, the first paragraph may be increased assays that the value of 58 dB shall not exceed.

  • 5 In case of application of the first member with respect to dwellings still to be built in the urban area which have not yet been projected and which are intended to replace existing dwellings or other sound-sensitive buildings, the foreseeable future Noise charges shall be fixed at a value not exceeding 68 dB because of an existing road, it being understood that the replacement shall not lead to:

    • a major modification of the existing urban engineering function or structure;

    • b. a substantial increase in the number of noise impediers on a construction plant level evaluation of up to 100 dwellings.

  • 6 In case of application of the first paragraph with regard to buildings to be built within the area still to be built, within the zone along a motorway or motorway, as referred to in the Rules of Procedure and Control of Traffic (1990) , which have not yet been projected and are intended to replace existing dwellings or other sound-sensitive buildings, a value of up to 63 dB can be set for the foreseeable noise pollution due to an existing road, with the The substitution shall not lead to:

    • a major modification of the existing urban engineering function or structure;

    • b. a substantial increase in the number of noise impediers on a construction plant level evaluation of up to 100 dwellings.

  • 7 When application of the first paragraph with respect to non-built-built dwellings still to be built which have not yet been projected and which are intended to replace existing dwellings or other sound-sensitive buildings, can be expected to be expected Noise charges shall be fixed at a value not exceeding 58 dB because of an existing road, with the exception that the replacement shall not lead to:

    • a major modification of the existing urban engineering function or structure;

    • b. a substantial increase in the number of noise impediers on a construction plant level evaluation of up to 100 dwellings.

  • 8 In the case of a general measure of management, it may be decided that the power referred to in paragraph 1 may be applied only in cases to be notified to that measure.


Article 84 [ Verfalls per 01-03-1993]

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Article 85

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  • 1 For the highest permissible sound load as specified in the Article 82, second paragraph , higher than the values determined under that paragraph, it being understood that these values may not exceed the limits imposed by a general measure of management.

  • 2 The measure referred to in paragraph 1 may provide that the powers referred to in paragraph 1 may be applied only to cases which may be notified to that measure.


Article 86 [ Verfall by 01-01-2007]

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Article 87 [ Verfalls per 01-01-2007]

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Article 87a [ Exchanges by reference to 25-02-2005]

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Section 2A. The construction, modification or widening of a main road within the meaning of Article 8 of the Tracing Act [ Vertraps per 01-07-2012]

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Article 87b [ Expaed by 01-07-2012]

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Article 87c [ Verfall by 01-07-2012]

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Article 87d [ Exfell by date 01-07-2012]

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Article 87e [ Exfell by 01-07-2012]

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Article 87f [ Expired by 01-07-2012]

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Article 87g [ Exfell by 01-07-2012]

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Article 87h [ Exfell by 01-07-2012]

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Article 87i [ Exchanges by date 01-07-2012]

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Section 3. Existing situations

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Article 87j

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Article 88 [ Verfalls per 24-02-2010]

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Article 89

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  • 1 Mayor and aldermen, or if application is given to Article 98 Mayor and aldermen or the road to the semi-trailer, only with regard to the dwellings which are based on the Article 88, first paragraph As was reported to our Minister before 1 January 2007, subject to the rules laid down under paragraph 2, a programme of measures which, in their opinion, are to be taken into account in order to ensure that the noise pollution of the Member States is liable to be taken into account. the façades of the land Article 88 , as indicated by 1 January 2007, limit the amount of housing reported to 48 dB as far as possible and to comply with the requirements of the Article 111b, third paragraph .

  • 2 With regard to cases referred to in paragraph 1, rules shall be laid down in or pursuant to general rules of administration on the nature of the measures to be taken into account, and the circumstances under which such measures are to be taken, and on the other the design and timing of the establishment of a programme.


Article 90

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  • 1 Mayor and aldermen, or if application is given to Article 98 Mayor and aldermen or the road to the road. Article 89, first paragraph , programme of measures adopted without delay to our Minister.

  • 2 Subject to the third paragraph, after receiving such a programme for the dwellings to which it relates, our Minister shall establish a value of 48 dB as the maximum permissible sound load, by road, of the facades. Our Minister makes his decision to inform the mayor and aldermen and the road manager.

  • 3 In cases to be notified to general measures of management, and in accordance with rules to be laid down, a decision referred to in paragraph 2 may, in respect of the maximum permissible sound load, be higher than the value specified in that paragraph It shall be understood to mean that it shall not exceed 68 dB.

  • 4 By way of derogation from the third paragraph, in the case of a general measure of management, a higher than the value referred to in that paragraph may be established in accordance with rules to be laid down for the maximum permissible sound load.

  • 5 In respect of each of the cases in question, our Minister shall adopt measures aimed at reducing noise pollution by road, from the facades of the dwellings concerned to the relevant cases, to the entry of the the second paragraph, value set. These measures also, depending on the value of this value, extend the noise tax, because of the road, within the dwelling. The measures adopted by Our Minister Chapter X applicable. It shall make its decision, laying down measures, communication to the mayor and aldermen and to the road manager or road manager.


Article 91 [ Expired on 01-03-1993]

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Article 92 [ Expired on 01-03-1993]

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Article 93 (Expired by 01-03-1993)

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Article 94 [ Expaed by 01-03-1993]

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Article 95 [ Expaed by 01-03-1993]

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Article 96 [ Expaed by 01-03-1993]

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Article 97 [ Exp. by 01-03-1993]

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Section 4. Reconstructions

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§ 1. Decision on reconstruction

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Article 98

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  • 1 For the purpose of reconstruction of a road related to the Article 88 As stated before 1 January 2007 by our Minister no later than two years after 1 January 2007, this section is not applicable and our Minister gives application to Article 90, second to fifth paragraphs .


Article 99

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  • 1 To reconstruct a road, if any other sound-sensitive buildings or areas of sound-sensitive land are present, under construction or projected within the existing or future area of that road, shall not be taken into account than in accordance with the provisions of the with a zoning plan or an exemption decision as referred to in Article 19 of the Land Planning Act that provides for the reconstruction or with a decree of mayor and aldermen, with corresponding application of Article 81 taken on the basis of a communication of his intention to the Mayor and to aldermen of his intention and after a corresponding application of Article 80 set up.

  • 2 If it is reasonable to assume that the reconstruction of a road will lead to an increase in noise of 2 dB or more due to roads other than the road to be reconstructed, or-if a road is partially reconstructed- because of the parts thereof not to be reconstructed, the investigation referred to in paragraph 1 shall also cover those other roads or parts of the road in question which are not to be reconstructed.

  • 3 When making a decision as referred to in paragraph 1, the values to be taken by the Member States shall be Articles 100 , 100a and 100b if they are considered to be the highest permissible.

  • 4 In case the reconstruction will increase the number of lanes, the zone will be taken into account, which will result from the higher number of lanes.


Article 99a [ Verfall by 01-01-2007]

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§ 2. Maximum permissible sound load on reconstruction

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Article 100

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  • 1 Subject to the second and third paragraphs, the maximum permissible sound load due to a road to be reconstructed, of the façade of dwellings within the zone, shall be 48 dB.

  • 3 Where the road was present, in construction or projected on 1 January 2007, and no higher value for the maximum permissible sound load for the reconstructed road is set at 48 dB, and the current value is greater than 48 dB. dB, if the maximum permissible sound load due to the road to be reconstructed, of the façade of dwellings present within the area which is present on 1 January 2007, under construction or projected, the prevailing value is applicable.


Article 100a

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  • 1 For the highest permissible sound load on the façade of dwellings, a higher value than the permissible sound load on the façade of dwellings may Article 100 to be established in force, subject to the following conditions:

    • a. The increase may not exceed 5 dB, except in cases where:

      • 1 °. as a result of the reconstruction, the sound load of the façade of at least an equal number of dwellings elsewhere will be reduced by a minimum of equal value; and

      • 2 °. the road manager has stated that it provides financial resources at the latest before the completion of the reconstruction for the purposes of the application of Article 90 or Article 111b, second or third member , with regard to dwellings that are subject to higher noise levels by the reconstruction, and

    • (b) where applicable to the dwelling concerned, application has been made earlier Article 83 or Article 84, second paragraph In the same way as before 1 September 1991, or where no application is made to the article in question and the prevailing value does not exceed 53 dB, the value may not exceed:

      • 1 °. 58 dB in the case of a reconstruction of a road in the outskirts of the city and

      • 2 °. 63 dB in a reconstruction of a road in urban area.

  • 2 The higher value to be raised pursuant to paragraph 1 (a) shall not exceed 68 dB.


Article 100b

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In the case of a general measure of management, similar rules may be laid down for other sound-sensitive buildings and sound-sensitive areas in relation to the subjects covered by:


Article 101 [ Exp. by 01-03-1993]

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Section 5. Mode of conduct of research [ Expconducted by 01-01-2007]

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Article 102 [ Verfalls per 01-01-2007]

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Article 103 [ Verfalls per 01-01-2007]

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Section 6. Other sound-sensitive buildings and land

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Article 104

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In the case of general management measures, other noise-sensitive buildings and sound sensitive areas may be considered in relation to the Articles 88 to 90 , 98 and 99 regulated subjects shall be subject to corresponding rules.


Section 7. The construction or modification of a main road with the application of the Tracéwet

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Article 104a

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  • 1 If the construction or modification of a main road where the Tracéwet is applicable, leads to construction, reconstruction or modification of a road or railway, and, to that end, within the route concerned a higher value is required for the maximum permissible sound load due to that road or railway, the Articles 79 and 99, 1st Member , not applicable and is provided by our Minister:

  • 2 If the execution of a road adaptation project listed in the Annex to the Emergency Act, under A, leads to construction, reconstruction or modification of a road or railway, and to that end, within the limit of the area understood in a A higher value is required for the highest permissible noise load due to that road or railway, are the Articles 79 and 99, first paragraph, does not apply and is provided by Our Minister:

  • 3 If a road adaptation project listed in the Annex to the Emergency Act, under B, leads to construction, reconstruction or modification of a road or railway, and to that end, within the limit of the area understood in a sound plan, higher value is required for the highest permissible noise load due to that road or railway, are the Articles 79 and 99, 1st Member , not applicable and is provided by our Minister:

  • 5 When applying the first to third members, the competent authority shall take a measure to reduce the expected noise pollution of the façade of dwellings or other sound-sensitive buildings, if it is not affect:

    • (a) is not financially effective with regard to limiting noise, or

    • (b) raise objections to urban planning, traffic, transport, scientific or technical matters.

    Our Minister proposes rules for the application of the criterion referred to in point (a).

Chapter VII. Railway zones

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Section 1. General

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Article 105

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In the interests of preventing or limiting noise or vibration nuisance caused by the use of a railway, requirements relating to the nature, composition, manner of construction may be required by or pursuant to general measures of management or use of the railway infrastructure.


Section 2. The construction or modification of a national railway in the sense of Article 8 of the TraceAct [ Expired per 01-07-2012]

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Article 105a [ Expaed by 01-07-2012]

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Section 3. Other railways

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Article 106

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  • 1 This section shall apply to:

    • (a) the construction and modification of railways indicated on a map;

    • b. The remediation of residential buildings, other sound-sensitive buildings and noise-sensitive areas, as specified in the general measure of management, due to the noise pollution experienced by the railways indicated on the map;

    • c. The projection of dwellings, other sound-sensitive buildings and sound-sensitive areas within the railway zones identified on the map, referred to in the first paragraph, or on the sound ceiling map.

  • 2 The card referred to in paragraph 1 shall be established by Our Minister.


Article 107

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In the interests of preventing or reducing noise pollution by rail or on the basis of a general measure of administration, on the subject areas of the road to noise pollution by road, Chapter VI or VIIIA -The rules are set. In so doing, provisions of that Chapter may be declared mutatis mutandis.

Chapter VIII. Other noise zones

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Article 108

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  • 1 In the case of a general measure of management, an area where there is a serious noise nuisance or is to be expected, which cannot or may not be contested by the application of the preceding chapters, shall be designated as a noise zone. The provisions of this Chapter shall apply in respect of this area.

  • 2 Our Minister is of a measure referred to in the first paragraph of communication to the councils of the municipalities concerned and to the States of the relevant provinces.


Article 109

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Upon revocation or amendment of a general measure of management as referred to in Article 108, first paragraph , the second of that article shall apply mutatis mutandis.


Article 110

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  • 1 In the case of a general measure of administration, as referred to in Article 108, first paragraph In the interests of preventing or reducing noise pollution within and outside the area of the areas covered by road or rail transport for industrial sites, roads or railways are to be used in the Chapter V , VI or VII -It's a rule. In so doing, provisions of those Chapters may be declared applicable mutatis mutandis.

Chapter VIIIa. Higher value and research provisions

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Section 1. Fixing and modifying a higher value for the maximum permissible sound load

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Article 110a

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  • 1 Mayor and aldermen within the confines of the municipality are responsible for the establishment of a higher value for the maximum permissible sound load.

  • 2 By way of derogation from the first paragraph, if, for the purpose of an activity in more than one municipality, a higher value for the maximum permissible sound load specified in or under the law is to be determined, the mayor and Those of the municipality within whose limits this activity will be carried out shall have the power to establish a higher value.

  • 3 The value referred to in paragraphs 1 and 2 may be fixed on its own initiative or at the request of those appointed by a general measure to that effect.

  • (4) The fixing of the value referred to in paragraphs 1 and 2 shall take place in accordance with rules laid down by a general measure of management.

  • 5 The first and second paragraphs shall apply only in the case of application of measures aimed at reducing noise due to the industrial estate, road or railway, of the façade of the dwellings or of other sound-sensitive areas (i) buildings and buildings, which are not sufficiently effective at the limit of the noise-sensitive areas concerned until the maximum permissible sound load, are not sufficiently effective, or have been met with concerns of urban planning, traffic management and the environment; transport, scientific or financial nature. A general measure of management may provide that the power referred to in this paragraph may be applied only in cases which may be notified to that measure.

  • 6 If Article 110f Mayor and aldermen shall apply to the third and fourth members only to the extent to which cumulative noise loads following the correction on the basis of Article 110f, third paragraph , do not lead to an unacceptable noise tax in their judgement.

  • 7 Where the decision referred to in paragraph 1 is required for the construction or modification of a main railway or for the construction or reconstruction of a road in the country or in a province, or the establishment or modification of a zone around the territory of the an industrial site designated as an industrial site of regional interest by a provincial regulation under the Environmental Environment Act or the Spatial planning law The Member States of the province in which the road or railway or the industrial estate of regional importance are situated shall be responsible for the establishment of the higher value. The second to sixth paragraphs shall apply mutatis mutandis, except that in the second and sixth paragraphs, instead of the 'Mayor and the mayor', the term 'Member States' shall be replaced by 'Member States' and the second paragraph instead of the 'commune'. have to be read each time: province.


Article 110b

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  • 1 When the Article 110a, first paragraph This activity results in a dwelling, other sound-sensitive building or noise-sensitive area situated outside the boundaries of the municipality within whose limits the activity is carried out to a value higher than the one or the other This law must be set at a maximum permissible value, but mayor and aldermen can only proceed to do so after consultation with the local authority and mayor of the municipality within whose borders the house, the other sound-sensitive area, can be held. building or soundsensitive area is located.

  • 2 When the Article 110a, seventh paragraph , the following activity results in a dwelling, other sound-sensitive building or noise sensitive terrain situated outside the boundaries of the province within whose limits the activity is carried out to a value higher than the one or the other the above law must be determined at a maximum permissible value, the Member States may do so only after consultation with Member States of the province within whose borders the dwelling, the other soundsensitive building, or sound-sensitive area is located.


Article 110c

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  • 1 In the preparation of a decision as referred to in Article 110a is the Section 3.4 of the General Administrative Law regulated procedure, except that if mayor and aldermen are competent to determine the higher value and the decision for the adoption or revision of a zoning plan is taken, the design of the the decision shall be made available to inspection at the same time as the design of the destination plan.

  • 3 In the case of a general measure of management, detailed rules may be laid down concerning:

    • a. the in case of a request as referred to in Article 110a Data to be submitted;

    • b. preparation of a decision as referred to in Article 110a .


Section 2. Method of implementation

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Article 110d

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  • 1 For the purpose of establishing noise charges for an industrial site, road or rail, for determining the equivalent sound level at ministerial level:

    • a. by which manner and taking into account any existing or foreseeable circumstances, the alternating levels of the sound on the spot shall be determined; and

    • (b) the manner in which the results obtained in respect of a given period of time are derived from the average of the above definition.

  • 2 The first paragraph shall not apply with regard to the setting of noise charges due to a road or railway declared on the sound ceiling card.


Article 110e

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Our Minister may lay down rules on everything related to the manner in which the acoustic investigations, provided for in this Act, are carried out.


Article 110f

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  • 1 If any of the following parts of this Act or of the following provisions of this Act:

    applicable to dwellings, other sound-sensitive buildings and sound sensitive areas situated in two or more existing or future sound zones as intended for the purposes of the Articles 40 , 52 , 74 and 108 , or as established under Article 107 , or in one or more of the noise areas mentioned above, and in a restricted area defined for the purposes of noise, as specified in the Annex to this Regulation. Chapter 8, Title 8A.6 or Article 10.17 of the Law Aviation , the person who, by or under this law, is obliged to carry out an acoustical examination on the spot of those dwellings, other sound-sensitive buildings and sound-sensitive areas, shall, in accordance with the rules laid down by Our Minister, also investigate the effects of the combination of the different sound sources. The manner in which the cooperation to be taken has been taken into account should be indicated.

  • 2 If, in a given area, one or more of the parts of this law referred to in paragraph 1 are applicable to that law or to the parts specified in that paragraph, and for that territory, also from others, by means of a reorganisation programme Our Minister shall ensure that the measures to be taken are consistent with and consistent with the measures to be taken in order to prevent or combat noise.

  • 3 The first and second paragraphs shall apply only where a dwelling, other sound-sensitive building or a sound-sensitive area:

    • a. higher value will be determined; and

    • b. For the same dwelling, other sound-sensitive building or sound-sensitive terrain, the noise load, because of at least another sound source referred to in the first member, in the future situation exceeds the preferred value.

  • 4 The first and second paragraphs shall be applied only in respect of sound sources as referred to in the first paragraph of which the sound load in the future situation exceeds the value of the preferred sound.

  • 5 For the purpose of implementing the first paragraph, our Minister may determine that the calculation and measurement of the various noise loads of the facades of the dwellings and other sound-sensitive buildings and the limit of sound-sensitive areas may be used. the results of the results may be applied by the results.


Article 110g

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Our Minister proposes rules which allow for a certain period of time, depending on the sound production of motor vehicles in the period in question, than is reasonably foreseeable for the future, in the calculation and measurement of the noise load on the façade of dwellings or other sound-sensitive buildings or on the border of sound-sensitive areas shall be subject to a deduction of not more than 5 dB, as a result of which it has not been deducted.


Article 110h

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If, prior to 1 January 2007, a higher value for the maximum permissible sound load is set in dB (A) due to road or rail, and that value applies after 1 January 2007, that value shall be converted to the value of the value of the permissible sound load. noise taxation Lden according to a method to be determined by ministerial arrangement.


Article 110i

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  • 2 The first paragraph shall apply mutatis mutandis to a decision as referred to in paragraph 1, following a decision or ruling in a court of law whereby that decision has been repealed or amended, or otherwise has lost its value, in that sense that the terms of the relevant communication from the governing body concerned the indication of the relevant short term in the basic registration register being removed from the parcels concerned.

Chapter VIIIb. Interior values of existing or under construction dwellings and buildings in areas

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Article 111

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This chapter does not apply to the indoor values of existing or under construction dwellings and buildings in areas of roads or railways identified on the sound ceiling map, as far as noise pollution is concerned due to those roads, or railway.


Article 111a [ Expat per 01-07-2012]

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Article 111b

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  • If, in the case of facades of dwellings under construction or existing dwellings, a higher noise charge is determined by an industrial site, the maximum permissible duty, the mayor and aldermen shall be affected in respect of the sound deflsion. of those facades, in order to ensure that the sound load within the dwelling on closed windows does not exceed:

    • a. in the case of application of Article 63, second paragraph , a higher noise load than 55 dB (A) if the maximum permissible sound level is 40 dB (A);

    • b. In other cases: 35 dB (A).

  • If, in the case of facades of dwellings under construction or existing dwellings, a noise charge higher than 48 dB as a result of a road, as the highest permissible, the mayor and aldermen shall meet with regard to the noise of the those facades, in the case of road transport which is or is being constructed after 1 January 1982, and is included in a corresponding Articles 76 and 77 established zoning plan, or after that date due to a decision taken with the application of the Articles 79 to 81 , it has been established, measures to promote noise pollution within the house at closed windows of up to 33 dB.

  • 3 Where, as regards the facades of dwellings, the noise tax of which was higher than 55 dB (A) on 1 March 1986, and with the application of Article 90, second paragraph , a higher noise charge than 48 dB, because of the road where the maximum permissible level has been established, the mayor and aldermen, with regard to the soundproofing of these facades, are taking measures to encourage the use of noise pollution within the Community. Apartment at closed windows up to 43 dB.


Article 112

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If applicable to existing or under construction dwellings, Article 100a take on mayor and alderman with regard to the soundproofing of the facades of the housing involved measures to promote that the noise load, because of the road, inside the property at closed windows after the reconstruction is at most shall be:

  • a. In the case of the dwellings in question in the reconstruction for the first time a value greater than 48 dB, for the soundload of the façade because of the road, it is determined: 33 dB;

  • (b) in the case of the dwellings concerned, where a higher value for the noise tax has been previously established: the value used for reconstruction under the conditions laid down in this Act for the various situations, or under the conditions laid down by the Article 3 of the Housing Act At most, certain was admissible.


Article 113

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In the case of general measures of management, other sound-sensitive buildings may be used for the purposes of the Articles 111b and 112 regulated subjects shall be subject to corresponding rules.


Article 114

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If application is given to Chapter VII or VIII , may be by general measure of management for existing or under construction housing and other sound-sensitive buildings related to the in Articles 111b and 112 regulated subjects shall be subject to corresponding rules.


Article 114a

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  • 1 If the rightholder in respect of a dwelling or other sound-sensitive building has not agreed to cooperate on measures to be taken as a result of the application or pursuant to this Chapter, the obligation to in accordance with or pursuant to this Chapter, to take certain measures in respect of that property, which shall be the same as that other sound-sensitive building.

  • 2 In the case of, or under general rule, rules shall be laid down in respect of:

    • (a) the manner in which the rightholder is requested to cooperate in the realization of the measures;

    • b. the manner in which the rightholder grants or abstains from the realization of the measures;

    • c. the manner in which the mayor and aldermen make a statement to the rightholder about the expiry of the obligation referred to in the first paragraph.

Chapter IX. Sound Tax Cards and Action Plans [ Expandable by 01-07-2012]

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§ 1. General [ Expated by 01-07-2012]

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Article 115 [ Expaed by 01-07-2012]

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Article 116 [ Verfall by 01-07-2012]

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Article 117 [ Verfalls per 01-07-2012]

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Article 117a [ Exfall by 01-07-2012]

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§ 2. Noise Tax Cards [ Expired per 01-07-2012]

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Article 118 [ Expet per 01-07-2012]

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Article 118a [ Expat per 01-07-2012]

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Article 119 [ Expaed by 01-07-2012]

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Article 120 [ Expaed by 01-07-2012]

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Article 121 [ Expaed by 01-07-2012]

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§ 3. Action Plans [ Expired by 01-07-2012]

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Article 122 [ Expaed by 01-07-2012]

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Article 123 [ Verfalls per 01-07-2012]

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Article 123a [ Expaed by 01-07-2012]

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§ 4. Information related to the creation of sound tax cards by another European Union Member State [ Exparising per 01-07-2012]

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Article 123b [ Expaed by 01-07-2012]

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Chapter X Financial provisions

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Article 124

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By way of derogation from Article 4:21, third member, of General Law governing law is Title 4.2 of the General Administrative Law applicable to grants granted under this Chapter exclusively to legal entities established under public law.


§ 1. Cost of measures in zones around industrial sites in existing situations and in new situations for modification of zones

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Article 125

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  • 1 To the extent that the costs of the measures relating to the establishment of a zone belonging to an industrial estate, pursuant to or by corresponding application of Article 53 as of 1 January 2007, or in connection with the application of Article 46 or 55, 1st Member , with a view to limiting the noise pollution of dwellings within that zone, Section 2 of Chapter V they shall not be provided for in any other way, these costs shall be:

    • (a) in so far as it concerns measures relating to existing or under construction housing existing at the time of the determination of the zone in respect of which: Section 2 (5) of Chapter V , applies to the Kingdom of the Kingdom of the European Union;

    • (b) in so far as it concerns housing at the time of establishment of the zone: the operators of the establishments situated in the industrial estate at that point in time and the establishments concerned (a) Member State, each half, except that the share of the costs incurred by the operators of such establishments shall, in proportion to the share of the various establishments in the Member States, be divided as far as possible sound production of the industrial site at the appropriate time;

    • (c) in so far as it concerns measures for dwellings within the zone where application is made to Article 46 or 55, 1st Member : to be charged to the person for whom the maximum permissible sound load is increased.

  • 2 To the costs referred to in paragraph 1, the costs resulting from the implementation of the costs resulting from the application of the Housing Act or Chapter VIII B required measures relating to the soundproofing of the facades of the dwellings referred to in that paragraph.

  • 3 With regard to other sound-sensitive buildings, the first paragraph shall apply mutatis mutandis.


§ 2. Cost of measures in zones along roads in existing situations

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Article 126

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  • 1 To the extent to the cost of measures designed to limit the noise pollution of dwellings within zones as defined by Article 74 Under Section 3 of Chapter VI have been determined, not otherwise provided, in cases where, on 1 March 1986, the dwellings were present or under construction, the road was present: the State was dependant on the State.

  • 2 If, due to the reconstructed road, a reconstruction has increased the sound load of the facade of dwellings within a zone by more than 5 dB and has not previously been applied to these dwellings Article 90, fourth paragraph The costs, referred to in paragraph 1, shall be borne by the road manager.

  • 3 With regard to other sound-sensitive buildings and sound sensitive areas, the first and second paragraphs shall apply mutatis mutandis.

  • 4 By way of derogation from paragraph 1, the cost of measures in cases where the dwellings were present or under construction on 1 March 1986, while the road was present, but the dwellings have not been reported in due time in accordance with Article 88, shall be borne by the municipality in which the dwellings are located.

  • 5 If application is given to Article 98 the part of the cost of the measures relating to the reconstruction of the road for the account of the semitrailer shall be the part of the cost.


Article 126a

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By way of derogation from the Articles 125 or 126 the Minister may, in accordance with ministerial rules, lay down rules in cases where a measure referred to in those articles is also adopted for a purpose other than those mentioned in those articles, providing the grants for the benefit of that measure. measure on the basis of normalamounts established by it.


Article 127

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In the case of reconstruction of a road, the cost of the measures, determined by virtue of Section 4 of Chapter VI , to the extent that these costs are related to the reconstruction, to be charged to the road-trailer.


Article 127a [ Expat per 01-07-2012]

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Article 128

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If a semi-trailer, a member of the sub-member of the road, or a municipality, as a result of the application of Article 126 or 127 for costs incurred, which are reasonable or not entirely dependent on their own, our Minister may, in so far as is otherwise in a reasonable fee or be foreseen, give him a return to equity. Award compensation.


§ 3. Cost of measures taken as a result of zones in force Chapter VII Or designated by Chapter VIII

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Article 129

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In the case of a general measure of governance referred to in Article 107 rules relating to the allocation of costs linked to measures for the supply of rail or tramway rail or tramway or for the local authorities within the zone to the measures to be taken in respect of or under that measure certain, and it may be stipulated that the cost of measures taken with the agreement of Our Minister is to be charged to the State.


Article 130

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In the case of a general measure of governance referred to in Article 108 rules relating to the allocation of costs relating to the municipalities within the designated zone to measures for the satisfaction of, and may, certain measures to be taken under that measure, and may, depending on the sound sources that are the reason for the designation under Article 108 It shall be decided that the cost of measures taken in agreement with our Minister for satisfaction with or under the general measure of administration shall be charged to the State.


Article 131 [ Expaed by 01-04-1988]

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Article 132 [ Expaed by 01-04-1988]

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Article 133 [ Expaed by 01-04-1988]

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Article 134 [ Expaed by 01-04-1988]

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Article 135 [ Expaed by 01-04-1988]

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Article 136 [ Exchanges by 01-04-1988]

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Article 137 [ Exchanges by 01-04-1988]

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Chapter XI

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Article 138 [ Expaed by 01-03-1993]

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Article 139 [ Expired by 01-03-1993]

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Article 140 [ Expaed by 01-03-1993]

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Article 141 (Expired by 01-03-1993)

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Article 142 [ Expired by 01-03-1993]

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Article 143 [ Expaed by 01-03-1993]

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Article 144 [ Expaed by 01-03-1993]

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Chapter XII. Appeals to the administrative court

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Article 145

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  • 1 If the decision in the sense of Article 110a, first paragraph , taken by mayor and aldermen and accompanied by the adoption of a zoning plan, by way of derogation from Article 6: 8 of the General Administrative Law Act , the time limit for lodging a notice of appeal against that decision as from the day on which proceedings may be brought against the decision to adopt the plan for the award of the plan. If it is not decided within that period, the period of action shall start from the day following that on which the period has elapsed.


Article 146 [ Expired by 01-01-2013]

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Article 147 [ Expated by 01-03-1993]

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Article 147a [ Expired by 01-03-1993]

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Chapter XIII. Powers with regard to the implementation of this Act

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§ 1. Enforcement

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Article 148

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  • 1 With regard to the quality of the implementation and enforcement of the goods determined by or under this law, the Articles 5.3 to 5.16 and 5.18 to 5.23 of the General Provisions Act applicable, except that for the purposes of supervision of compliance with or pursuant to this Law, certain provisions relating to establishments referred to in Article 3 (2) of this Regulation Article 170, first paragraph , solely responsible for the officials appointed by the decision of Our Minister.


Article 149 [ Expaed by 01-03-1993]

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Article 150 [ Expaed by 01-03-1993]

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Article 151 [ Expaed by 01-03-1993]

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Article 152 [ Expaed by 01-03-1993]

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Article 153 [ Exp. by 01-03-1993]

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Article 154 [ Expaed by 01-03-1993]

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Article 155 [ Exp. by 01-03-1993]

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Article 156 [ Expaed by 01-03-1993]

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§ 2. Coordinator task of the province [ Expired by 01-01-2007]

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Article 157 [ Verfall by 01-01-2007]

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§ 3. Provincial noise nuisance services [ Expated by 01-01-2007]

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Article 158 [ Verfall by 01-01-2007]

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Article 159 [ Verfall by 01-01-2007]

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Article 160 [ Verfalls per 01-01-2007]

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Article 161 [ Expaed by 01-01-2007]

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§ 4. Municipal Services [ Expired by 01-01-2007]

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Article 162 [ Verfalls per 01-01-2007]

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Chapter XIV. Other provisions relating to noise zones

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Article 163

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  • 1 Mayor and aldermen of the municipality in which an industrial site is wholly or mainly located ensure that sufficient information is available on the sound space within the zone.

  • 2 The first paragraph shall not apply to industrial sites of regional importance which have been designated by the Provincial Regulation under the Environmental Environment Act or the Spatial planning law . In that case, the Member States shall ensure that the tasks referred to in paragraph 1 are to be taken into account.

  • The first paragraph shall not apply where the mayor and aldermen decide, in accordance with the Member States, to take care of the tasks referred to in paragraph 1 for the tasks specified in the first paragraph.

  • 4 The first to third paragraphs shall not apply to industrial areas in which establishments are situated within the meaning of Article 170, first paragraph . For those industrial areas, our Minister for the tasks referred to in the first paragraph shall be responsible.


Article 164

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For the fulfilment of the Article 163 the task referred to may be a zone management plan.


Article 165

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  • 1 In the interests of obtaining data for the establishment of noise zones around industrial sites and for the purpose of determining the measures to be taken within those noise zones to reduce noise pollution in those areas, Mayor and aldermen, within a time limit to be given by them concerning the noise radiance of managers of establishments operating within such a zone.

  • 2 Our Minister may lay down rules on the provision and commitment of the data referred to in paragraph 1.

  • 3 The first paragraph shall not apply to industrial sites of regional importance which have been designated by the Provincial Regulation under the Environmental Environment Act or the Spatial planning law . In that case, Member States shall have the powers specified in the first paragraph.

  • 4 The first paragraph shall not apply when mayor and aldermen decide, in accordance with the Member States, that deputed States shall, for the purposes of the Article 163, first paragraph These are tasks that have been mentioned. In that case, Member States shall have the powers specified in the first paragraph.

  • 5 The first paragraph shall not apply to industrial areas in which establishments are situated within the meaning of Article 170, first paragraph In that case, our Minister has the powers specified in the first paragraph.


Article 166

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  • 1 In the interests of obtaining data for the purpose of setting up noise zones and for the purpose of determining within noise areas measures to reduce the noise nuisance there, our Minister may, as far as it is concerned, be a sound zone as specified in Chapter VIII or a restricted area defined for the purposes of the noise load as specified in the Annex Chapter 8, Title 8A.6 or Article 10.17 of the Law Aviation , within a period of time to be provided by him, particulars of the sound radiance of managers of establishments which are, or will be, operating within such a zone.

  • 2 Our Minister may lay down rules on the provision and commitment of the data referred to in paragraph 1.

Chapter XV. Further provisions

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Article 167 [ Verfalls per 01-01-2007]

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Article 168 [ Expated by 01-03-1993]

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Article 169 [ Vertraps per 01-01-1994]

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Article 170

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  • 1 By way of derogation from the provisions of Article 62, second paragraph , Our Minister shall draw up the programme of activities as defined in that Article, in so far as the programme relates to establishments in use or co-use for the purposes of defence. Our Minister will set up the program after consulting our Minister of Defence.

  • 2 In adopting the programme, Our Minister, acting on the basis of the establishment referred to in paragraph 3, shall inform the mayor and council members of the municipality of the municipality of the municipality of the municipality of the municipality of the municipality of the municipality of the municipality of the municipality of the municipality of the municipality of the European Union, full implementation of the programme.

  • 3 Our Minister of Defence is in charge of that program, intended in Article 62 , in respect of establishments as referred to in paragraph 3, shall be implemented.


Article 171 [ Vertraps per 01-01-1994]

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Article 172 [ Verfall by 01-01-2007]

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Article 173 [ Expaed by 01-10-2010]

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Article 173a [ Exfall by 01-03-1993]

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Article 174

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Where, in the interests of proper implementation of the law, further arrangements are required in this Act, it may be carried out in the case of a general measure of management.


Article 175 [ Verfall by 01-01-2012]

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Article 176

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All-other than with application of the General administrative law , the Environmental law general provisions law or the Environmental Environment Act -to make available for inspection, publication or to transmit to interested parties documents, which are written in a foreign language and which are not translated into the language of the Netherlands or which, by reason of their size, are not translated into the language of the Netherlands, Or, for other reasons, they cannot be considered as giving sufficient insight to a general public, accompanied by a summary in the Dutch language. Our Minister may lay down detailed rules on how this summary should be drawn up.


Article 177 [ Vertraps per 01-03-1993]

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Article 178 [ Expaed by 01-03-1993]

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Article 179 [ Verfall by 01-03-1993]

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Chapter XVI. Transitional and final provisions

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Article 180

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The competence of municipalities and of water authorities to make regulations shall be maintained in respect of the subject provided for in this Act, insofar as these regulations do not conflict with the law or by virtue of that law.


Article 181 [ Vertraps per 01-03-1993]

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Article 182

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  • 1 In the case of a general measure of management, where a general measure of management involves the entry into force of categories of establishments which are liable to an important degree of noise, with regard to that designated categories of establishments within which period and according to which conformity and procedures should be provided for in the definition of a zone around land with a destination which allows for the establishment of a site of establishments belonging to those categories.

  • 2 The provisions of paragraph 1 shall not apply in respect of areas around which a zone has already been established at the time of entry into force of the amendment.


Article 183 [ Verfall by 01-03-1993]

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Article 184

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For the purposes of this Act, in respect of areas not part of a province, rules shall, if necessary, be laid down by general rules of administration in respect of the administrative bodies which are subject to the powers laid down in this Act. (i) exercise, and in respect of the administrative bodies which are to be involved in the implementation.


Article 185

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This law can be cited as: Noise pollution law.


Article 186

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This law will enter into force on a date to be determined by us, which can be made different for the various articles or parts of it.

Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.

Issued at Paleize Soestdijk, 16 February 1979

Juliana

The Minister for Health and Environmental Hygiene,

L. Ginyear

Published the twenty-seventh March 1979

The Minister of Justice,

J. de Ruiter