An NGO is calling on the government to implement regulations drafted in 2012 which had established noise level guidelines for residential, industrial and entertainment establishments, as well as fines of up to €250,000.
The Noise Abatement Society (NASoM) made the appeal in the wake of remarks which Home Affairs Minister Michael Farrugia recently made in Parliament regarding complaints about late night music from an open-air establishment between Żebbuġ and Rabat.
Replying to a question submitted by Democratic Party MP Godfrey Farrugia, the minister said that the police had no equipment to measure the music loudness (decibel level) and there was no law regulating sound levels. The minister added that whenever a report was filed, the police always took action and issued charges against the perpetrators.
However, NASoM chairman John Fenech contacted this newspaper to express his disagreement with certain remarks made by Dr Farrugia. He pointed out that in actual fact there are various pieces of legislation in place that specify the noise levels.
Nevertheless, the laws fail to establish the assessment method to control noise.
Whether it is the exhaust sound level for vehicle roadworthiness tests, workplace noise or that from recreational craft, the various laws governing these areas establish decibel level limits which must not be exceeded, Mr Fenech told this newspaper.
How loud is too loud?
As for disturbances generated from entertainment establishments particularly music, he noted that in December 2012, a framework intended to control and prevent neighbourhood noise was published following a lengthy consultation process.
For some reason these regulations, which categorise noise as a pollutant and have noise level guidelines for residential, occupational and outdoor activities, were never implemented.
This was for the simple reason that no legal notice was ever published to put them into force.
The regulations also provide for the setting up of a Noise Control Board which would have both an advisory role and oversee enforcement.
Furthermore, the law included a series of administrative fines ranging from as little as €100 to €250,000 in case of a repeat offence.
Following the change of government in March 2013, a fresh attempt was made to regulate noise levels based on the same framework drafted under the Nationalist government.
Mr Fenech pointed out that this time around the draft was only circulated to stakeholders but the process stalled for some reason.
Moreover, he said that noise level guidelines were removed from the second version of these regulations, thus rendering the proposed law toothless.
Meanwhile, news that Environment Minister Jose Herrera has appointed a commission to study the issue of noise pollution and propose a legislative framework prompted an immediate reaction from Mr Fenech.
“Dear Minister, may I remind you that the relevant legislative framework is at hand, through the good work of the previous environment ministers. Therefore, please send the committee packing and do the job yourself. Do not forget to include the acoustic metrics for measuring community noise,” the NASoM chairman said.
As for the existing state of play when it comes to enforcement, he noted that more often than not the aggrieved party must find the courage to report in person the nuisance at the nearest police station.
“Normally the police would inform the complainant that the perpetrator must be taken to court! If the complainant insists, the police would take his report. Time permitting, the police would venture to investigate the nuisance,” he added.
Nonetheless, Mr Fenech said that at present there is a fundamental flaw in the system as the police have no equipment to measure the loudness whenever a complaint is filed.
“How shall they measure the disturbance? By the same method used in the 1900?! How loud is too loud?” he remarked.