Key Benefits:
Decision of 20 October 2006 on the draft general measure of administrative rules implementing the Noise Nuisances Act (Noise Nuisances Decision)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Housing, Spatial Planning and the Environment of 25 November 2005, No DJZ2005205709, Legal Affairs Directorate, Legislative Section;
Having regard to the Articles 1 , 47 , 64 , 82, second paragraph , 85, first paragraph , 89, second member , 90, third and fourth members , 100b , 104 , 105 , 107 , 110a, third and fourth members , 110c, third member , 113 , 114 , 114a, second member , and 174 of the Noise Nuisance Act ;
The Council of State heard (opinion of 16 February 2006, no. W08.05.0544/V);
Having regard to the further report of the Secretary of State for Housing, Spatial Planning and the Environment of 13 October 2006, No DJZ2006310259, Legal Affairs Directorate, Law Department;
Have found good and understand:
1 In this Decision and the provisions based thereon, the following definitions shall apply:
a. The equivalent sound level of dB (A) of the equivalent noise level in relation to a railway: highest of the following three values:
1. value of equivalent noise level over the period 07.00-19.00 (day),
2. with 5 dB (A), increased equivalent noise level over the period 19.00-23.00 (evening);
3. with 10 dB (A) increased equivalent noise level over the period 23.00-07.00 hours (night);
b. remediation programme: programme of measures as referred to in Article 4.18, first paragraph ;
c. Railway operator: manager as intended Article 1, first paragraph, of the Railway Act , Administrator as intended in the Article 1 of the Local Rail Act , railway manager as referred to in Article 1 of the Special Railways Decision , or the contracting authority for the construction, modification or replacement of a main railway or railway as referred to in Article 1, first paragraph, of the Railway Act, or a local railway as referred to in Article 1 of the Act on Local Track;
d. accommodation spaces:
1 °. classrooms and theorials of educational buildings;
2 °. research and treatment areas of hospitals and nursing homes;
3 °. Research, treatment, recreation, and conversation rooms, as well as residential and dormity rooms of nursing homes, psychiatric facilities and daycare centres;
4 °. theoretical premises of educational buildings;
5 °. rooms for patient housing, as well as recreation and conversation rooms of hospitals and nursing homes;
e. law: Noise-noise law ;
f. change of a railway: change in respect of an existing railway, which brings about change in the conditions required by the rules applicable to the fixing of the noise charges for that railway An acoustic survey indicates that the calculated noise load for the railway in the future year of the measure will be higher than 63 dB for the future year without measures, or, if that calculated noise pollution by the railway in the future year of measure 63 dB or lower will be but higher than one in this decision indicated noise tax, the survey shows that due to the railway in the future year of measure the noise load will increase without affecting the noise tax prior to the change. At least 3 dB.
2 By way of derogation from the first paragraph, subparagraph (f), the variation of a railway line in this Decision and the following provisions shall not be understood as the separate circumstance consisting of:
a. an alteration of the intensity, the speed of traffic, or a combination of both in the future year of measure of categories to be determined by Our Minister to be determined by railway vehicles on a given railway section or a combination of railway sections as a result of which the sound mission of the sections or the combination thereof is not rounded up by more than 1,0 dB in relation to the average sound mission, determined according to rules to be laid down by ministerial arrangement, of the three years prior to the amendment;
b. A horizontal movement of the rail rods over a distance of less than 2 metres;
c. A vertical movement of the rail rods at a distance of less than one metre, or
(d) for the replacement of a track-side assembly, which shall, in accordance with the conditions laid down in Article 4.8 , no more noise emitters than the construction to be replaced.
1 As other sound sensitive building as intended Article 1 of the Act shall be designated:
a. An educational building;
b. A hospital;
c. a nursing home;
d. A care home;
e. a psychiatric facility;
f. a children's day stay.
2 The designation as other sound-sensitive building in the first paragraph, parts a to f, does not apply to parts of a building that have a different destination other than those specified in Article 1.1 (d) .
3 As noise sensitive terrain as intended Article 1 of the Act shall be designated:
a. A place of employment as intended Article 1, part j, of the Rent Surcharge Act , and
b. A berth in the water intended to be taken by a houseship.
4 By way of derogation from the third paragraph, if the proposal of the Act amending the Environmental Management Act relating to the introduction of sound production ceilings and the transfer of Chapter IX, submitted to the Royal Message of 7 December 2009, is of the Noise Act to the Environmental Management Act (modernisation of instruments of sound policy, sound production ceilings) until law is raised and enters into force, a berth in the water, which at the date of entry into force of that law a municipal ordination has been designated to be taken by a residential ship, for the first application after that date of the Articles 59 , 76 , 76a and 77 of the Act and from Article 4.1 Non-sound-sensitive terrain.
5 By way of derogation from the first paragraph, section f, a children ' s day stay for the application of the Activity decision on the environment shall not be considered as other sound sensitive building for three years from the date of entry into force of that paragraph.
6 By way of derogation from the third paragraph, part b, a berth in the water intended to be taken by a residential vessel shall be used for the purposes of application of the Activity decision on the environment shall not qualify as sound-sensitive terrain for three years from the date of entry into force of that paragraph.
7 By way of derogation from the first paragraph, subparagraph (f), a daycare residence, which is intended as such at the time of entry into force of that part, is situated within the existing zone of an industrial site, for the purposes of applying Article 2.14, first paragraph, part c, of the General Provisions Act does not qualify as other sound sensitive building for three years from the date of entry into force of that part.
8 By way of derogation from paragraph 3 (b), a berth in the water intended to be taken by a residence vessel, which is intended as such at the time of entry into force of that part, shall be situated within the existing zone. from an industrial estate, as well as a berth in the water, intended to be taken by a residence vessel designated at that time in a municipal ordination to be taken by a residential ship and after that time as such is intended and is located within the existing zone of an industrial site, for the purposes of Article 2.14, first paragraph, part c, of the General Provisions Act Not identified as a sound-sensitive area until the date of the proposal of the Act laying down rules on the protection and use of the physical environment (Environment) by the Royal Message of 16 June 2014, is becoming law is elevated and enters into force.
The following buildings shall not be considered as dwelling within the meaning of this Decision and the provisions which are based thereon. Article 1 of the Act :
a. A penitentiary device as intended in Article 3, first paragraph, of the Penitentiary Inrichtingenwet ;
b. a juvenile justice direction as referred to in Article 3a of the PrincipalLaw of the Judicial Youth ;
c. An establishment for the purpose of nursing at the disposal of the said decision Article 37d, first paragraph, of the Penal Code .
1 A railway that is indicated on the map, intended in Article 106 of the Act , it shall have a zone extending from the axis of the railway to the width on either side of the railway, measured from the outer rail, as indicated on that map.
2 The space above and below the railway shall belong to the zone referred to in the first paragraph.
1 A railway that is indicated on the sound ceiling map, has a zone extending from the axis of the railway to the width adjacent to the railway, measured from the outer rail, as indicated in the table below, depending on the height of the noise production ceiling at the relevant reference point.
Noise production ceiling height
Zone width (in metres)
| Less than 56 dB |
100 |
| Equal to or greater than 56 dB and less than 61 dB |
200 |
| Equal to or greater than 61 dB and less than 66 dB |
300 |
| Equal to or greater than 66 dB and less than 71 dB |
600 |
| Equal to or greater than 71 dB and less than 74 dB |
900 |
| Equal to or greater than 74 dB |
1200 |
2 If a railway as referred to in the first paragraph is situated in a zone of different widths, the connection of the different zoning shall mean that the widest zone over a distance shall be equal to one third of the width of that zone. Zone, measured from the last reference point, which is at the widest zone, passing through the railway and connecting to the narrower zone with a lead line.
3 At the ends of a railway as referred to in the first paragraph, the zone shall pass through over a distance equal to the width of the zone at the height of the end of the railway. The zone runs along a line which is located in the extension of the track axis. It retains the width that it had at the height of the end of the railway.
4 If, in part of a railway as referred to in the first paragraph, a shielding is included in the register, which is to be found in the register Article 11.25 of the Environmental Management Act , the width of the zone along the part and on the side of the railway where the device is located, by way of derogation from the first paragraph, shall be equal to the width of the widest zone directly adjacent to the ends of the shielding device.
5 The space below and above the railway shall belong to the zone referred to in the first paragraph.
If: Article 110f of the Act is applicable, gives the competent authority only to apply the Articles 110a , 110b and 110c of the Act to the extent that cumulated noise loads following the correction on the basis of Article 110f of the Act do not lead to an unacceptable noise load.
1 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 educational buildings and nurseries, the value of the noise tax for the period is 19.00-23.00 hours (evening) or the period 23.00-07.00 (night) shall not be taken into account, provided that these premises are not used in accordance with their intended use during the period in question.
2 The noise load Lnight because of an industrial estate, due to a road or because of a railway, does not apply to the facade of educational buildings and nurseries, to the extent that these buildings are not in the period concerned are used in accordance with their intended use.
Except the Articles 65 and 66 of the Act and Article 2.2 is the maximum permissible sound load, by reason of the industrial estate, of the façade of other sound-sensitive buildings within the area of that industrial estate and on the border of sound sensitive areas within the area of that industrial site Sites 50 dB (A).
One under the Articles 47, second paragraph , 54 or 59 of the Act Value higher than the value of the Article 2.1 the value of the maximum permissible sound load due to the industrial site shall not exceed the following:
a. 60 dB (A) for educational buildings, hospitals or nursing homes;
b. 55 dB (A) for nursing home visits, psychiatric facilities and daycare centres;
c. 55 dB (A) for sound sensitive areas.
The Articles 62 and 63 of the Act shall apply mutatis mutandis in respect of other sound-sensitive buildings, subject to the corresponding application of Article 63, second paragraph, of the Act By establishing a maximum permissible sound load value for the industrial site by our Minister, which may not be higher than:
a. 65 dB (A) for educational buildings, hospitals or nursing homes; and
b. 60 dB (A) for nursing homes, psychiatric facilities and nurseries.
If by the application of the Articles 47, second paragraph , 54 , 59 , 65 or 66 of the Act For the façade of one or more buildings under construction or existing buildings within a zone around an industrial estate having a noise load greater than 50 dB (A), the mayor and aldermen shall be affected with regard to the soundproofing of the noise of those façade measures to promote noise pollution, due to the industrial estate,
a. within the accommodation spaces listed in Article 1.1, part e, below 1 ° to 3 ° , 30 dB (A) shall not be overrun, and
b. within the accommodation spaces listed in Article 1.1, part e, below 4 ° and 5 ° , 35 dB (A) will not go ahead.
Article 111b, first paragraph, introductory wording and point (a) of the Act shall apply mutatis mutandis in respect of other sound-sensitive buildings, subject to the application of the provisions of Article 111b, first paragraph, introductory wording and point (a) of the Act by Mayor and Aldermen. promoting measures, that the noise tax, because of the industrial estate,
a. within the accommodation spaces listed in Article 1.1, part e, below 1 ° to 3 ° , 35 dB (A) will not be overrun, and
b. within the accommodation spaces listed in Article 1.1, part e, below 4 ° and 5 ° , 40 dB (A) will not go ahead.
1 In the case of road construction, the maximum permissible sound load, by reason of that road, is the façade of other sound-sensitive buildings and at the limit of sound sensitive areas within the area of that road, 48 dB.
2 The first paragraph shall apply mutatis mutandis to any other sound-sensitive buildings and sound-sensitive areas, if projected within the zone of a road.
1 A under Article 85 of the Act Value higher than the value of the Article 3.1 the value of the maximum permissible sound load, due to a road, shall not exceed the following:
a. 58 dB for other sound-sensitive buildings in the outer urban area;
b. 63 dB for other sound-sensitive buildings in urban areas;
c. 53 dB for sound sensitive areas.
2 The first paragraph shall apply mutatis mutandis to any other sound-sensitive buildings and sound-sensitive areas if projected within the zone of a road, except that the value may not be higher set up 53 dB for other sound sensitive buildings in the outer area.
1 Except for the second and third paragraphs, in the case of reconstruction of a road, the maximum permissible sound load for that road, from the façade of other sound-sensitive buildings within the zone of that road, is 48 dB.
2 If earlier at or under the Law , the Experimented Law City and Environment , the Interim-law city-and-environmental approach or the Emergency law widening A higher value for the maximum permissible sound load, in view of the road to be reconstructed, of the façade of other sound-sensitive buildings within the zone of that road, is set at 48 dB and the current value is greater than 48 dB, shall apply: The lowest of the following two values as the maximum permissible:
a. the prevailing value;
b. the value previously established.
3 If the road was present, in construction or projected on 1 January 2007 and has not previously been higher than 48 dB for the maximum permissible sound load for that road, and the current value is greater than 48 dB, if the road is greater than 48 dB, whichever is the later Maximum permissible sound load due to the road to be reconstructed, of the façade of other sound-sensitive buildings within the zone which is present on 1 January 2007, under construction or projected, the prevailing value.
4 The first to third paragraphs shall apply mutatis mutandis to the border of sound sensitive areas.
1 For the maximum permissible sound load on the façade of other sound-sensitive buildings, may be higher than the following Article 3.3, first to third paragraphs , the value in force shall be fixed, except that the increase may not exceed 5 dB.
2 If for the affected other sound sensitive building earlier in or under the Law A higher value for the maximum permissible sound load has been fixed or where the present value does not exceed 53 dB, the value to be determined pursuant to paragraph 1 shall not be higher than:
1 °. 58 dB for other sound-sensitive buildings in the outskirts of the city;
2 °. 63 dB for other sound-sensitive buildings in urban areas.
3 For other sound-sensitive buildings other than those referred to in the second paragraph, the value to be determined pursuant to paragraph 1 shall not be higher than 68 dB.
4 By way of derogation from the second and third paragraphs, the value to be determined pursuant to paragraph 1 for other sound-sensitive buildings relating to earlier or under the Law , the Experimented Law City and Environment , the Interim-law city-and-environmental approach or the Emergency law widening to establish a value higher than the value of the value referred to in the first to third paragraphs, at no higher level than that previously established.
5 For the maximum permissible sound load at the border of sound sensitive areas, may be higher than the maximum permissible sound load at the limit of sound sensitive areas. Article 3.3, fourth in conjunction with first to third paragraphs , the value in force shall be fixed, subject to the following conditions:
a. The increase may not exceed 5 dB; and
b. The value may not be higher than 53 dB.
1 Our Minister may, for the maximum permissible sound load, because of a road, from the facades of dwellings within the area of that road a higher than the one in Article 90, second paragraph, of the Act define the value in cases where application of measures aimed at reducing noise to that value will not be sufficiently effective, or if it encounters objections of urban planning, traffic management, etc. Scientific or financial nature.
2 Our Minister may, for the maximum permissible sound load, because of a road, from the facades of dwellings within the area of that road a higher than the one in Article 90, third paragraph, of the Act determines the value specified, in cases where:
a. Application of measures designed to reduce the noise caused by road traffic is not possible;
(b) application of measures designed to reduce the sound transfer of road to the dwellings in question will not be possible or be more expensive than the maximum contribution laid down in Annex A, Tables 3 and 4 of the Subsianimal Scheme remediation traffic noise for a dwelling is possible;
c. the removal from the destination of the dwellings concerned within the amount specified in subparagraph (b) is not possible; and
d. to link the taking of measures to other activities cannot lead to the return of noise pollution, because of the road, to the in Article 90, third paragraph, of the Act the value mentioned within the amount specified in subparagraph (b).
3 If Article 110f, first paragraph, of the Act is applicable, our Minister shall apply only to the first or the second member to the extent that the combined noise tax after correction is made on the basis of Article 110f, third paragraph, of the Act , do not lead to an unacceptable noise tax in its judgment.
1 The Articles 89 , 90 and 98 of the Act shall apply mutatis mutandis in respect of other sound-sensitive buildings, subject to the understanding that:
a. The remediation programme to be set includes measures limiting the noise load because of the road as far as possible to 48 dB on the façade of other sound-sensitive buildings and, where necessary, to comply with Article 3.10, second paragraph ;
b. the corresponding application of Article 90, second paragraph, of the Act The maximum permissible sound value for the noise tax by our Minister, by reason of the road, must not be higher than:
1 °. 68 dB for educational buildings, hospitals or nursing homes, and
2 °. 58 dB for home care homes, psychiatric facilities and daycare.
2 With respect to other sound sensitive buildings Article 3.5, first and third paragraphs , mutatis mutandis.
1 A reorganisation programme as referred to in Article 89, first paragraph, of the Act may contain only measures intended to:
a. Reduction of noise caused by road traffic;
b. Reduction of the noise transfer from the road to the dwellings or other sound-sensitive buildings;
c. the application of noise-proofing measures to the dwellings or other sound-sensitive buildings; or
d. Withdrawal of the destination of one or more of the dwellings or other sound-sensitive buildings.
2 Measures referred to in paragraph 1 (b) (c), under (d), shall first be eligible for inclusion in the remediation programme, in so far as the application of the under-(a) (a) and (b) sub. (a), (b) and (c) may not be sufficiently effective, or have met concerns of urban planning, traffic, landscape or financial.
1 A reorganisation programme as referred to in Article 89, first paragraph, of the Act contains:
a. The results of the acoustical examination based on Article 88, first paragraph, of the Act ;
b. One or more cards with accompanying declaration as referred to in the fourth paragraph, a list of addresses of the housing or other sound-sensitive buildings involved, as well as the name and traffic function of the road from which the noise is to be charged experienced;
c. a description of the measures referred to in Article 3.7, first paragraph, introductory wording, and points (a) and (b) , taken into account by the mayor and aldermen, and of the effect of these measures on noise pollution, by road, on the façade of the dwellings or other sound-sensitive buildings;
d. as far as application of the Article 3.7, first paragraph, introductory wording and points (a) and (b) , meant-in the remediation program included-measures does not lead to limitation of noise, due to the road of facade of dwellings or other sound-prone buildings up to 48 dB, a description of the objections of urban, urban, scientific or financial measure against the application of more far-reaching measures and, where appropriate, the measures to be taken;
e. if necessary, a statement to the effect that, by means of measures as referred to in Article 3.7, first paragraph, point (c) , will be met Article 111b, third paragraph, of the Act , below Article 3.10 ;
f. to the extent applicable, a description of the measures referred to in Article 3.7, first paragraph, point (d) , as well as an underpinnings of this choice;
g. as far as the in Article 3.7, first paragraph (i) the alphabetical order of the measures has been derogated from, a description of the reasons for a derogation;
h. a description of the possibilities for phasing out the implementation of the measures to be taken, in which case the sequence shall be indicated in combination of measures;
i. a description of the possibilities for implementing, from a efficiency and cost control point of view, the measures to be taken or not with other works;
j. the results of the study, intended Article 110f, first paragraph, of the Act ;
k. an indication of the costs of the measures to be taken;
(l) the date on which implementation of the measures may commence and the expected duration of the measures taken.
2 In addition to the information referred to in paragraph 1, a remediation programme shall contain that Article 98 of the Act shall be fixed:
a. The results of the acoustical examination based on Article 77 of the Act ;
b. a description of the impact of the implementation of the reconstruction on the nature and extent of the proposed measures;
(c) an indication of the breakdown of the costs of the measures to be taken on the measures to be taken in connection with the reorganisation and the measures resulting from the reconstruction of the road;
d. the time at which the reconstruction can be expected to commence, as well as the expected duration of implementation;
e. if the measures are not implemented simultaneously with the execution of the reconstruction, the time at which the implementation of the measures will commence, as well as the expected duration of the implementation of the measures.
3 The card or cards referred to in paragraph 1 (b) shall, in each case, indicate:
a. The zone along the road or roads and the location of the dwellings in question or other sound-sensitive buildings;
b. source measures or transfer measures; and
(c) where there is a situation, the location of the dwellings in question or other sound-sensitive buildings within:
1 °. a noise zone around an industrial estate,
2 °. a noise zone along a railway,
3 °. any other noise zone; or
4 °. A restricted area determined for the purposes of noise, as referred to in Chapter 8, Title 8A.6 or Article 10.17 of the Law Aviation .
4 The card or cards referred to in paragraph 3 shall be set up in accordance with the following requirements:
a. The cards are drawn on a clear surface;
b. The delimitation of the area covered by the plan shall be indicated by a clear line on the cards;
c. The maps are manufactured on a scale of at least 1 to 10 000, unless the size of the area or the nature of the plan makes a different scale necessary;
(d) the maps must show the connection of the area in the plan to the area surrounding it;
Where the plan includes grounds for which the destination is likely to be attained in the near future, those parts shall be included in one or more maps on a scale of at least 1 to 2500, the cadastral of which shall be added: the boundaries, section and numbers of the parcels included in these parts of the plan are indicated;
f. if there is a multi-card zoning plan, a map must indicate the connection of the cards and the connection to the area surrounding it;
g. The scale and the north arrow are indicated on the maps;
h. on the maps, the existing buildings and the names of the main roads, streets and waterways are signposted.
The maps must be carried out in a clear and transparent manner. They must also be made of durable material and must be well replicable.
The Minister proposes, by means of ministerial arrangements, detailed rules on the shaping and establishment of a reorganisation programme as referred to in Article 4 (1) of the Treaty. Article 89, first paragraph, of the Act .
1 If with application of Article 85 of the Act or Article 3.4 in the case of a façade of an open or present sound-sensitive building, which is higher than 48 dB because of the road where the maximum permissible sound level is defined, the mayor and the mayor shall meet with the third member. with regard to the soundproofing of that facade measures to promote that noise pollution, because of that road,
a. within the accommodation spaces listed in Article 1.1, part e, below 1 ° to 3 ° , 28 dB will not be overrun, and
b. within the accommodation spaces listed in Article 1.1, part e, below 4 ° and 5 ° , 33 dB doesn't go too high.
2 Where, with regard to the facades of other sound-sensitive buildings, the noise load of which was higher than 55 dB (A) on 1 March 1986, with the application of Article 3.4 or Article 3.6 In conjunction with Article 90 of the Act A higher noise charge than 48 dB, because of the road where the maximum permissible level has been established, shall be taken by the mayor and by aldermen with regard to the soundproofing of those facades to promote noise pollution by reason of the noise pollution of the path,
a. within accommodation specified in Article 1.1, first paragraph, part e, from 1 ° to 3 ° , 38 dB will not be overrun, and
b. within accommodation specified in Article 1.1, first paragraph, part e, below 4 ° and 5 ° 43 dB will not be too high.
1 In determining whether revision of a zoning plan or a change or work plan in whole or in part related to land belonging to a zone as referred to in Article 1 Article 1.4 or Article 1.4a In the case of noise, due to the railway tracks along the zone, the façade of dwellings, other sound-sensitive buildings and the border of sound sensitive areas within that area, the values observed are the values observed in the area of noise pollution. Articles 4.9 , 4.13 and 4.15 in conjunction with 4.13 the expression 'the maximum permissible'.
2 By way of derogation from the first paragraph, higher values shall be respected when determining whether a zoning plan or a change or work plan shall be subject to higher values, provided that:
a. with application of the Articles 4.10 to 4.12 , 4.14 and 4.15 in conjunction with 4.14 , values have been established for the adoption or revision of the zoning plan, or
(b) values are necessary in such a way as to result in a determination or revision of the plan by way of derogation from the draft, as it has been made available for inspection, which is reasonably applicable to the application of the plan; Articles 4.10 to 4.12 , 4.14 and 4.15 in conjunction with 4.14 , they will be determined.
3 Unless the amendment of a zoning plan or a change or work plan referred to in paragraph 1 provides for the modification of a railway, this Article shall remain outside the scope of this Article if at the time of the date of application of this Article, that the railway is already in place or under construction, with regard to the dwellings included in the plan or other sound-sensitive buildings and noise-sensitive areas already present or under construction at that time.
4 Requirements as referred to in Article 3.37 of the Spatial Planning Act may be co-given with due regard to the following: Articles 4.9 to 4.15 valid values.
Article 4.1, first and second paragraphs , shall apply mutatis mutandis to the granting of an environmental permit for a period of more than 10 years of the zoning plan to be applied for more than 10 years Article 2.12, first paragraph, point (a) (2) and (3), of the General Provisions Act , which relates, in whole or in part, to land belonging to a zone as defined in Article 1.4 or Article 1.4a .
1 In preparing for the adoption or review of a zoning plan, or a change or work plan involving, in whole or in part, land belonging to a zone as referred to in Article 1 (2), Article 1.4 or Article 1.4a or in the preparation of a decision as referred to in Article 4.2 , because of mayor and aldermen, each Member State, or our Minister, is set up to conduct an acoustic investigation into:
a. The noise tax to be experienced by dwellings, other sound-sensitive buildings or noise-sensitive areas within the future zone due to the railway, without the impact of measures limiting the noise load;
(b) the effectiveness of the eligible measures in order to ensure that the noise pollution of the objects referred to in (a) does not, in the future, be the values which, as a result of the Articles 4.9 , 4.13 and 4.15 In conjunction with 4.13 if the maximum permissible level is to exceed.
2 If consideration is given to the application of the Articles 4.10 to 4.12 , 4.14 and 4.15 in conjunction with 4.14 the acoustic examination shall also cover the effectiveness of the measures to comply with the higher values for the maximum permissible sound load.
3 Where the adoption or review of the zoning plan or of a change or work plan or permit is intended to be Article 4.2 , as regards a change to a railway, acoustic investigations are also being carried out on the basis of the present value.
On the construction or modification of a railway, other than on the basis of a railway Article 4.1 or 4.3 established or revised destination plan or a permit as referred to in Article 4.2 , if within the existing or future zone, is intended to be Article 1.4 , residential, other sound-sensitive buildings or sound sensitive areas are present, under construction or projected, not then in accordance with a permit from mayor and aldermen pursuant to Article 4.6, first paragraph , taken as a result of a communication of his intention to the mayor and aldermen by the railway operator of his intention and following an agreement Article 4.5 set up.
1 Due to the railway operator being within the future zone of the railway, intended Article 1.4 , an acoustical study of the Article 4.3 set out.
2 The results of the investigation established shall be submitted by the railway operator to the mayor and aldermen, together with a description of the measures which are necessary to enable it to be taken into account. Article 4.6 defined purpose.
1 Within three months after the results of Article 4.5 The investigation has been obtained, the mayor and aldermen shall take a decision as referred to in Article 4.4 , determining which measures are necessary to prevent the noise pollution of the railway within the zone, intended to be Article 1.4 , will cause, the values given by the Articles 4.9 to 4.15 could be considered to be at most admissible.
2 The decision shall be forwarded to the railway operator in a copy.
1 To change a railway to which a notification is made as intended in Article 4.18, first paragraph , shall not be passed after Our Minister refers to the housing or other sound-sensitive buildings referred to in that provision within the zone of that railway. Article 1.4 , has given effect to Article 4.23, second and third paragraphs .
2 Our Minister shall, in a case referred to in the first paragraph, be responsible for taking the Articles 4.13 and 4.14 also, for the facade of dwellings, other than those referred to in that paragraph, and other sound-sensitive buildings and on the border of sound sensitive areas other than those referred to in that paragraph, within the zone of that railway, as specified in that paragraph. Article 1.4 , the maximum permissible sound load value due to the railway.
In a case as referred to in the second paragraph, the Minister shall, in a case referred to in the second paragraph, also lay down measures for the purpose of reducing noise pollution by rail from the façade of the goods in question. housing, other sound-sensitive buildings, on the border of sound sensitive areas, up to the value of the decision referred to in the second paragraph.
4 In the case of the first, second and third members, the articles 110a, seventh paragraph, of the Act and 4.4 to 4.6 Not applicable.
5 By way of derogation from the first paragraph, if application is given to Article 4.26 :
a. is Article 4.18 Not applicable; and
b. shall be by way of derogation from Article 4.23, second and third paragraphs , the measures referred to in those paragraphs, as well as the maximum permissible values established as part of a traction decision, shall not apply in the second paragraph, the phrase "after receipt of such reorganisation programme".
1 For the construction or replacement of a railway or a part of a railway, the railway operator shall ensure that the sound emission due to the new runway structure is not higher than the corresponding railway track, the construction of which is consists of long welded track on wooden sleepers.
2 At the request of the railway operator, our Minister may waive the application of the first paragraph, where application of that paragraph is due to objections of technical or financial nature.
1 Except Article 4.10 is the maximum permissible sound load, because of a railway, of the façade of dwellings 55 dB, in the case of:
a. Construction of this railway, provided that the dwellings are located within the area of that railway, Article 1.4 ;
b. Not yet projected dwellings, in so far as the dwellings are located within the area of that railway, intended in Article 1.4 or Article 1.4a .
2 Except Article 4.11 is the maximum permissible sound load, because of a railway, of the façade of other sound-sensitive buildings 53 dB, in case of:
a. Construction of this railway, provided that the other sound-sensitive buildings are within the area of that railway, intended for Article 1.4 ;
b. Other sound-sensitive buildings not yet projected to the extent that the other sound-sensitive buildings are within the area of that railway intended to be Article 1.4 or Article 1.4a .
3 Except Article 4.12 is the maximum permissible sound load, due to a railway line, at the limit of sound sensitive areas 55 dB, in case of:
a. construction of this railway, as far as the noise sensitive areas are situated within the area of that railway, Article 1.4 ;
b. Non-projected sound sensitive areas, insofar as the sound sensitive areas are within the area of that railway, specified in: Article 1.4 or Article 1.4a .
For the highest permissible noise load because of a railway, from the facade of dwellings may be higher than the one in Article 4.9, first paragraph The value of the said value shall be fixed, provided that the value of the value is not to exceed 68 dB.
For the highest permissible noise load because of a railway, from the facade of other sound sensitive buildings may be higher than the one in Article 4.9, second paragraph The value of the said value shall be fixed, provided that the value of the value is not to exceed 68 dB.
For the highest permissible noise load due to a railway at the border of sound sensitive areas may be higher than the one in Article 4.9, third paragraph The value of the said value shall be fixed, except that the value shall not exceed 63 dB.
1 Except for the second and third paragraphs, the maximum permissible sound load because of a railway of the façade of dwellings within the area of that railway, intended to be modified Article 1.4 55 dB.
2 If earlier at or under the Law or the Interim-law city-and-environmental approach A higher value for the maximum permissible sound load, due to the railway, of the façade of dwellings is set at 55 dB and the prevailing noise charge exceeds 55 dB, shall be the lower of the following two values as: the maximum permissible:
a. The value of the noise tax at the time of the change;
b. the value previously established.
3 If not earlier at or under the Law or the Interim-law city-and-environmental approach a higher value for the maximum permissible sound load due to the railway of the façade of dwellings within the area of that railway, intended to be modified Article 1.4 , having been set at 55 dB and the prevailing noise charge is greater than 55 dB, the maximum permissible sound load, in view of the railway to be modified, of the façade of those dwellings is the lowest of the following:
a. The value of the noise tax on 1 July 1987;
b. The value of the noise tax at the time of the change to be started.
1 For the maximum permissible sound load due to a railway of the façade of dwellings, a higher value than the one Article 4.13 The value in force shall be fixed, except that this value shall not exceed 71 dB.
(2) If a higher value for the maximum permissible sound load has been established earlier than the value referred to in paragraph 1, the value referred to in that paragraph shall be that previously established.
1 The Articles 4.13 and 4.14 shall apply mutatis mutandis to other sound-sensitive buildings, except that Article 4.13 '55 dB' each time being read: 53 dB.
2 The Articles 4.13 and 4.14 shall apply mutatis mutandis to the border of sound sensitive areas, subject to the conditions of Article 4.14, first paragraph , instead of '71 dB', read: 63 dB.
1 By decision as referred to in Article 4.23, second paragraph , the maximum permissible sound load, because of a railway, of the façade of dwellings, other sound-sensitive buildings and at the border of sound-sensitive areas, shall be determined, subject to the second and second of the third paragraph, in so far as it concerns housing and noise-sensitive areas, the value of 63 dB and, in so far as it concerns other sound-sensitive buildings, the value of 58 dB cannot be exceeded.
(2) Whereas there are objections to the application of measures aimed at reducing noise pollution from the railway, from the façade of the dwellings, to the application of measures aimed at reducing noise, traffic, social or financial matters; other sound-sensitive buildings or on the border of sound-sensitive areas, may be determined by a decision referred to in paragraph 1 above than the values referred to in that paragraph, provided that this value is 71 dB for the purposes of the first paragraph. housing and sound-sensitive areas, or 66 dB for other sound-sensitive buildings, shall not exceed.
Our Minister may, by means of a decision referred to in paragraph 1, adopt a higher value than that referred to in paragraph 2, in cases where:
a. Application of measures designed to reduce the noise caused by the traffic on the railway is not possible;
(b) application of measures designed to reduce the sound transfer of the railway to the dwellings in question will not be possible or be more expensive than the maximum contribution laid down in Annex A, Tables 3 and 4 of the Subsianimal Scheme remediation traffic noise for a dwelling is possible;
c. the removal from the destination of the dwellings concerned within the amount specified in subparagraph (b) is not possible; and
(d) the linking of measures to other activities cannot lead to the return of the noise tax, due to the railway, to the value specified in paragraph 2 or paragraph, within the amount specified in subparagraph (b).
1 Subject to the third paragraph, the mayor and aldermen shall, subject to the conditions laid down in the Articles 4.20 to 4.23 -a programme of measures which, in their opinion, are to be taken into account in order to minimise noise pollution by rail from the façade of homes and other sound-sensitive buildings reported to Our Minister before 1 January 2007. limit to 55 dB and, if necessary, comply with Article 4.25 .
2 In a case as referred to in Article 4.7 due to the railway operator an acoustical examination of the Article 4.3 set out.
3 In a case as referred to in Article 4.7 the railway operator shall establish a reorganisation programme, provided that the remediation programme includes the results of the acoustic examination provided for in the second paragraph and also includes other within the area of the railway, Intended in Article 1.4 , residential buildings and other sound-sensitive buildings.
1 A reorganisation programme as referred to in Article 4.18 contain only the following measures:
a. Noise reduction measures on a railway;
b. Measures which reduce the noise transfer from a railway to residential buildings and other sound sensitive buildings;
c. Noise measures on the façade of the dwellings or other sound-sensitive buildings;
d. Withdrawal of one or more of the dwellings in question from the destination.
2 Measures referred to in point (b) (c) of the first paragraph shall first be eligible for inclusion in the remediation programme, in so far as the application of the measures referred to in paragraph 1 (a), the measures referred to in paragraphs (a) and (b) or (b) and (c) of the first paragraph shall not be sufficiently effective, or if they meet concerns of urban planning, transport, landscape or financial nature.
On the preparation of a restructuring programme as referred to in Article 4.18 is the Section 3.4 of the General Administrative Law Applicable procedure.
1 A reorganisation programme as referred to in Article 4.18 contains:
a. The results of the acoustical examination preceded by the notification provided for in Article 4.18, first paragraph , or of the acoustic examination provided for in Article 4.18, second paragraph;
b. One or more cards with accompanying declaration as referred to in the second paragraph, a list of addresses of the dwellings concerned and other sound sensitive buildings, as well as the trajectory number of the railway section or the combination of railway sections, the noise load of which is encountered;
c. a description of the measures referred to in Article 4.19, first paragraph, points (a) and (b) , which are eligible, as well as the effect of the measures on noise pollution in the year of measure, because of the railway, of the façade of affected dwellings and other sound-sensitive buildings,
d. as far as application of the Article 4.19, first paragraph, points (a) and (b) The measures provided for in the restructuring programme do not lead to a reduction in noise pollution as a result of the railway, up to 55 dB, a description of the objections of urban planning, traffic, landscape or financial engineering against the application of more far-reaching measures;
e. if necessary, a statement to the effect that noise-related measures are Article 4.19, first paragraph, point (c) , will be met Article 4.25 ;
f. to the extent applicable, a description of the measures referred to in Article 4.19, first paragraph, point (d) , as well as an underpinnings of choice;
g. as far as application of Article 4.19, second paragraph , in the opinion of the mayor and aldermen or the railway operator other than more primary measures, a description of the reasons for this;
h. a description of the possibilities for carrying out, from a efficiency and cost control point of view, the measures to be taken or not with other works;
i. a global indication of the noise load, due to other sound sources as intended in the Articles 40 , 52 , 74 and 108 of the Act and Article 1.4a Or because of airport air traffic intended to Article 1.1 of the Law Aviation ;
j. a global indication of the costs of the measures to be taken;
k. the time at which the measures may commence, as well as the expected duration of the implementation of the measures.
2 The card or cards referred to in paragraph 1 (b) shall, in each case, indicate:
a. the zone specified in: Article 1.4 , along the railway or railways and the location of the dwellings in question and other sound-sensitive buildings;
b. source measures or transfer measures; and
(c) where there is a situation, the location of the dwellings in question and other sound-sensitive buildings within:
1 °. a noise zone around an industrial site;
2 °. a noise zone along a road;
3 °. any other noise zone; or
4 °. A restricted area determined for the purposes of noise, as referred to in Chapter 8, Title 8A.6 or Article 10.17 of the Law Aviation .
3 Article 3.8, fourth paragraph , shall apply mutatis mutandis.
The Minister proposes, by means of ministerial arrangements, detailed rules on the shaping and establishment of a reorganisation programme as referred to in Article 4 (1) of the Treaty. Article 4.18 .
1 Mayor and aldermen, the railway operator shall, on the other hand, submit to the Article 4.18 the rehabilitation programme shall be sent to our Minister without delay and at the same time, if applicable, send a copy of this remediation programme to the railway operator.
2 Our Minister, after receiving such remediation programme, shall, taking into account the Article 4.16 The maximum permissible sound load value, due to the railway, of the façade of dwellings or other sound-sensitive buildings covered by the reorganisation programme. Our Minister makes his decision to inform the mayor and althouders and the railway operator.
3 Our Minister shall lay down, in respect of each of the cases eligible for this purpose, measures designed to reduce the noise pollution by rail from the façade of the dwellings and other sound-sensitive areas. buildings, up to the value laid down in the decision referred to in paragraph 2. The measures also extend, depending on the height of this value, to the reduction of noise, due to the railway, inside the property or other sound sensitive building until the Article 4.25 That value.
1 If with application of the Articles 4.10 , 4.13 or 4.14 in the case of a façade of a dwelling which is under construction or present, a noise charge higher than 55 dB because of the road where the maximum permissible noise level is fixed, the mayor and aldermen shall be affected by the noise of the said property. facade measures to promote the fact that the noise load, because of the railway, will not exceed 35 dB at closed windows within the home.
2 If the sound load on the façade of a dwelling was higher than 65 dB (A) on 1 July 1987, the façade of another sound-sensitive building was higher than 60 dB (A) for that dwelling or other sound sensitive building earlier than 60 dB (A) higher value for the noise load is fixed at or under the law and with respect to the dwelling application is given to the Articles 4.13 or 4.14 By way of derogation from the first paragraph, the mayor and aldermen, with regard to the soundproofing of the facades of the dwelling concerned, shall take steps to ensure that the noise tax, by reason of the railway, is within the house in the case of closed windows is not more than the value allowable at the time of the adoption of the first higher value.
3 The second paragraph shall apply mutatis mutandis to dwellings where measures have been taken on the façade for the implementation of Article 13, sixth paragraph, of the Subsidy Decision public bodies .
4 If with application of the Articles 4.11 or 4.15 in respect of a façade of a sound sensitive building under construction or present, a higher noise load than 53 dB as the maximum permissible shall be taken by the mayor and althouders with regard to the soundproofing of the noise which facade measures to promote that the noise load, because of the railway, at closed windows:
a. within the accommodation spaces listed in Article 1.1, part e, below 1 ° to 3 ° , 28 dB will not be overrun, and
b. within the accommodation spaces listed in Article 1.1, part e, below 4 ° and 5 ° , 33 dB doesn't go too high.
1 If Our Minister Has Given Application to the Article 4.16, second or third paragraphs , the mayor and aldermen shall take the measures described in paragraph 2 if:
a. at least one sound-sensitive space within a dwelling, or at least one residence space as specified in the Article 1.1, part e, below 4 ° and 5 ° , having a noise load of more than 43 dB within another sound sensitive building, or
b. at least one residence space as specified in Article 1.1, part e, below 1 ° to 3 ° , having a noise load of more than 38 dB, within another sound sensitive building.
2 The measures taken to implement the first paragraph refer to the soundproofing of the façade and to promote noise pollution in the case of closed windows:
a. in the first paragraph, point (a), in sound-sensitive areas within the dwelling, or within the premises of the dwelling, as a Article 1.1, part e, below 4 ° and 5 ° , within the other sound-sensitive building, 38 dB, or a higher value, effectively judged by the mayor and alderman, of not more than 43 dB, will not exceed that;
b. In the first paragraph, point (b), in accommodation places as referred to in point Article 1.1, part e, below 4 ° and 5 ° , within the other sound-sensitive building, 33 dB, or a higher value of at least 38 dB, judged by the mayor and althouders, will not exceed the limit of the order.
If the construction or modification of a railway at which the Tracéwet is applicable, leads to construction, reconstruction or modification of a road or railway and, to that end, within the route a higher value is required for the maximum permissible sound load due to that road or railway, is Article 104a, first, fourth and fifth members, of the law of corresponding application, except that in the first paragraph, instead of ' Articles 79 and 99, first paragraph, ' is read: Article 4.4 of the Decision on noise pollution.
1 A request as referred to in Article 110a, third paragraph, of the Act may be done in relation to a zone around an industrial site by:
(a) the person who manages the industrial site for which the higher value is requested;
b. the Chamber of Commerce.
2 In the case of an industrial site of regional interest designated by the Provincial Environmental Regulations, a request referred to in paragraph 1 may also be made by:
a. The mayor and the municipality of the municipality where the dwellings, the other sound-sensitive buildings or areas of sound-sensitive land are or are to be used for which the higher value is requested;
b. The mayor and aldermen of the municipality in which the industrial estate is situated or is being asked for, for which the higher value is requested.
A request as referred to in Article 110a, third paragraph, of the Act can be done by road to a zone along a road by the road trailer, or if the request is made as part of application of Article 3.4 or the Articles 79 and 99 of the Act , or-in the case of the construction or reconstruction of a road-road which is not indicated on the sound ceiling map-in the context of the application of Article 76, first paragraph, of the Act -By the road manager.
1 Except in case of application of Article 4.7 may request as referred to in Article 110a, third paragraph, of the Act with regard to a zone along a railway as referred to in Article 1.4 and, in so far as it concerns the construction of non-projected housing, other sound-sensitive buildings and sound-sensitive areas, as intended Article 1.4a , are done by:
a. The mayor and the municipality of the municipality of the municipality in which the dwellings, the other sound-sensitive buildings or the areas of sound-sensitive land are or are to be placed, for which the higher value is requested;
b. Mayor and aldermen of the municipality in which the railway is or is being situated, for which the higher value is requested;
c. The railway operator, where it concerns the construction or modification of a railway.
2 In case of application of Article 4.7 a request, as referred to in paragraph 1, shall be made by the railway operator.
1 The request for a higher value as referred to in Article 110a, third paragraph, of the Act and the draft of a request shall contain at least:
a. The higher value requested;
(b) the grounds on which the request is based;
c. the results of the acoustic examination provided in the Articles 42 , 77 or 80 of the Act -, they were in the Articles 4.3 or 4.5 ;
d. a statement that measures will be taken if the noise pollution by the industrial estate, because of the road or because of the railway, within the dwelling or any other sound-sensitive buildings on closed windows, is more than the value, Intended in the Articles 111b and 112 of the Act -, they were in the Article 2.4 , 2.5 , 3.10 , 4.24 and 4.25 .
2 The request is accompanied by one or more cards with corresponding explanation. With respect to this card or cards is Article 3.8 (4) , mutatis mutandis. The map or maps also show the location of existing or future sound zones as intended for the purpose of Articles 40 , 52 , 74 and 108 of the Act and Article 1.4a , as well as the restricted areas defined for the purposes of noise, as referred to in Chapter 8, Title 8A.6 or Article 10.17 of the Law Aviation and the areas listed in those zones or restricted areas designated in accordance with Article 1.2, second paragraph, point (b) of the Environment , in so far as dwellings, other noise-sensitive buildings or noise-sensitive areas covered by the request, are or are situated within such zones or areas.
3 The person who is on the grounds of Article 110a of the Act or Article 4.16 may require the applicant to make further explanations, drawings and cards if he considers it necessary for the purposes of the evaluation of the request.
In the case of an ex officio establishment of a higher value as referred to in Article 110a, third paragraph, of the Act is Article 5.4, first and second paragraphs , mutatis mutandis.
This chapter applies to dwellings or other sound-sensitive buildings which are taken into account for the public application of noise-making facilities.
1 The competent authority may require the mayor and aldermen of the municipality or municipalities in which the dwellings or other sound-sensitive buildings are situated to supply the following information in respect of such houses or buildings in any case:
a. Names and addresses of owners and residents;
b. cadastral data;
c. Data from the registration up to the immovable property tax relating to the destination of the dwelling;
d. drawings of dwellings or other sound-sensitive buildings;
e. building permits issued.
2 The competent authority may also apply to the mayor and aldermen of the municipality or municipalities in which the dwellings or other sound-sensitive buildings are situated, to the information to be provided in respect of such houses or buildings, or:
a. It is expected that they will be disqualified within five years of the date indicated by the competent authority, or that the habitation or use will be suspended for other reasons within that period;
b. They are not intended for permanent habitation or are not used for permanent habitation;
c. In the case of other sound-sensitive buildings, they are not intended as such or are not used for that purpose;
d. They belong to the categories of residential or residential vessels.
Owners and residents of the dwellings or other sound-sensitive buildings shall be placed in writing at the highest level to be taken by the public authorities to produce sound-proofing devices.
1 To the owners and residents of the homes or other sound-sensitive buildings is requested within three weeks of Article 6.3 give written notice of consent to the conduct of an acoustic and construction technical examination.
2 If the consent referred to in paragraph 1 is not fully granted within the specified period or not for the entire residence or other sound-sensitive building, the owners and residents concerned shall be informed in writing that no acoustic and construction technical investigations may be carried out, unless such written consent is given within two weeks.
3 If the consent referred to in paragraph 2 is not fully granted within the prescribed period or not for the entire residence or other sound-sensitive building, the owners and residents concerned shall be informed in writing that: No sound-repellent devices shall be fitted.
If the Article 6.4, first or second paragraph This authorisation has been granted, the competent authority shall establish an acoustic and building technical examination. In any event, the investigation shall result in:
a. An indication of the sound-sensitive areas;
(b) an inventory of the necessary building technical data;
c. An indication of the necessary noise-related devices;
d. An estimate of the cost to the public authorities; and
e. an estimate of the costs, if any, for the owner.
1 The owners of the homes or other sound-sensitive buildings in respect of which Article 6.5 the said investigation has shown that the following additional provisions are to be taken, shall be informed by the competent authority in writing:
a. Additional provisions relating to the entry into conformity of the dwelling with the noise protection requirements resulting from the application of the Housing Act 1962 or the Housing Act ;
b. Additional provisions relating to the entry into conformity with the technical requirements of Chapter 3 of the Construction Decision 2012 , as far as noise-sensitive areas or accessibility of them are concerned;
c. additional devices with respect to the conformity of the other sound sensitive building with the technical requirements of Chapter 3 of the Construction Decision 2012 , as far as noise-sensitive areas or accessibility of them are concerned;
d. Provisions with respect to the removal of defects and of past due maintenance.
2 The owners concerned are requested to declare, within three weeks of receipt of the written communication, that they undertake, within a period prescribed by the competent authority, prior to the application of the said written notification. the noise-raising devices the additional provisions referred to in paragraph 1 shall be made, unless application is requested of: Article 6.7, first paragraph .
3 If the written declaration referred to in paragraph 2 is not fully granted, not within the period prescribed or not for the whole residence, the owners concerned shall be informed in writing that no sound-proof devices shall be provided. Unless the written declaration is issued within two weeks.
4 If the declaration is not fully issued within the period prescribed in the third paragraph, or is not issued for the whole of the property within the period prescribed, the owners concerned shall be informed in writing that no sound training is required. shall be installed.
1 In issuing the declaration, Article 6.6 , the owner may request that the taking of the additional facilities, intended to be Article 6.6, first paragraph , and the public application of noise-proofing devices, taking place simultaneously. This request shall be taken into account.
2 When application of the first paragraph, the costs of applying the additional provisions shall continue to apply: Article 6.6, first paragraph , for the account of the owner.
1 The owners of the homes or other sound sensitive buildings, which are based on it Article 6.5 The following shall be received by acoustic and construction technical examinations for the application of the public service of noise-related facilities:
a. An offer with regard to the sound-proofing devices to be put to
b. if application is requested from Article 6.6, first paragraph , a proposal for an agreement on the provision of the additional facilities, Article 6.6, first paragraph .
2 The owners concerned shall also be informed when the sound-proofing devices are expected to be fitted.
3 If no application is given to Article 6.7, first paragraph , the offer referred to in paragraph 1 (a) shall be made subject to the condition that the additional provisions shall be made by the owner within the time limit prescribed by the competent authority, prior to the application of the sound-proofing device. provisions.
4 The owners of the homes or other sound sensitive buildings, which are based on it Article 6.5 Where the acoustic and architectural tests provided for by the public application of noise-related devices do not qualify, they shall be informed in writing.
1 To the owners, for the purpose of Article 6.8, first paragraph , it is requested within three weeks of receipt of the offer and, where applicable, the agreement, by signing in writing, to certify that:
a. agree to endorse the proposed noise-related facilities and consent to the application of the proposed noise-related devices for all the sound-sensitive areas where the offer relates;
b. they undertake to apply the additional facilities specified in: Article 6.6, first paragraph ;
c. if application has been requested from Article 6.7, first paragraph , they undertake to pay the costs associated with the simultaneous application of the additional facilities.
2 If the signature referred to in paragraph 1 has not taken place within the prescribed period, the owners concerned shall be informed in writing that no sound training arrangements shall be made, unless the signature is made within two weeks after receipt of this communication.
3 If the declaration has not taken place within the period laid down in paragraph 2, the owners concerned shall be informed in writing that no sound-proofing devices shall be provided.
Upon receipt of the signed offer and, where applicable, the signed agreement, the competent authority shall decide on the application of the soundproofing facilities.
A notification under Article 25, first paragraph, of the Committee on Noise Nuisances as specified before the date of entry into force of this Decision, as notified under the provisions of Article 4.17, first paragraph , of this Decision.
Repealed:
c. Noise pollution control decision , and
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is referred to as: Noise pollution decision.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 20 October 2006
Beatrix
The Sfafe Secretary For Housing, Spatial Organization and Environmental Management
,P. L. B. A. van Geel
Published on the seventh of November 2006The Minister of Justice
E. M. H. Hirsch Ballin
