REPUBLIC OF LITHUANIA
LAW ON THE MANAGEMENT OF NOISE
26 October 2004 No IX-2499
(As last amended on 2 July 2013 No XII-467)
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. The Law on the Management of Noise shall establish the legal basis for noise prevention, the rights and duties of noise management entities and the procedure for control and monitoring of noise.
2. The purpose of this Law shall be to regulate the management of activities which emit noise in order to avoid the impairment or loss of hearing and to protect human live and health as well as the environment against the negative effects of noise.
3. This Law shall not apply to noise that is caused by the exposed person himself, noise at work places and noise inside means of transport, as well as noise due to military activities in military areas.
4. The provisions of this Law have been harmonised with the EU legal acts listed in the Annex to this Law.
Article 2. Definitions
1. Agglomeration shall mean a territory having a population in excess of 100 000 persons and a population density corresponding to the population density of an urbanised area.
2. Acoustical planning shall mean the management of future noise by planned measures (land use planning, systems engineering for traffic, traffic planning, envisaging methods of noise reduction by various measures and noise control of sources).
3. Day-noise indicator (Lday) shall mean the noise indicator for annoyance during the day period (from 6 am until 6 pm), i.e. the A-weighted long-term average sound level, determined over all the day periods of a year.
4. Day-evening-night noise indicator (Lden) shall mean the noise indicator for annoyance, i.e. the Lden level in decibels (dB) is defined by the following formula:
.
5. Annoyance shall mean the degree of community noise annoyance as determined by means of field surveys.
6. Assessment shall mean any method used to calculate, predict or measure the value of a noise indicator or the related harmful effects on human beings.
9. Night-time noise indicator (Lnight) shall mean the noise indicator for annoyance during the night period (from 10 pm until 6 am), i.e. the A-weighted long-term average sound level, determined over all the night periods of a year.
10. Major street shall mean a road or a section thereof located in the territory of an urban or rural residential area and usually bearing a name, which has the most intensive vehicle traffic.
12. Major road shall mean a main, national or regional road of state significance which has more than three million vehicle passages a year.
14. Major airport shall mean an international airport which has more than 50 000 movements per year (a movement being a take-off or a landing), excluding those purely for training purposes on light aircraft.
15. Strategic noise map shall mean a map designed for the global assessment of noise exposure in a given area due to different noise sources or for overall predictions for such an area.
16. Quiet area in an agglomeration shall mean an area which is not exposed to a value of Lden or of another appropriate noise indicator greater than a certain value set, from any noise source.
17. Quiet area in open country shall mean an area that is undisturbed by noise from traffic, industry or other machinery and noise from domestic activities and noise created by neighbours or visitors or from recreational activities.
18. Quiet public area shall mean an area of urbanised territories that is undisturbed by noise from traffic, industry or commercial and industrial activities.
20. Noise mapping shall mean the presentation of data on an existing or predicted noise situation in terms of a noise indicator, indicating all the values exceeding limit values and the number of people and dwellings affected by noise in an agglomeration.
21. Noise prevention shall mean the implementation of measures reducing the diversity and/or number of noise sources, preventing from exceeding limit values and/or reducing sound pressure, power, volume and energy levels of noise sources.
22. Noise prevention area shall mean a territory of residential area/areas in which noise exceeds limit values and in which it is necessary to implement noise prevention and reduction measures.
24. Noise limit value shall mean an average value of Lday, Levening or Lnight, the exceeding of which causes the manager of a noise source to enforce noise prevention and/or reduction measures.
25. Manager of a noise source shall mean the owner of a noise source or any other person legally managing the noise source.
27. Urbanised area shall mean an area with construction works and their appurtenances (with land plots in use, engineering communications and green areas of common use), as well as the territory of state roads and railway complexes.
Article 3. Main principles and measures of noise management
1. The main principles of noise management shall be:
1) protection of humans against noise – no person shall be exposed to a noise level that poses a threat to his life and health;
2. The main measures of noise management shall be:
4) technical measures at noise sources (selection of quieter sources, noise reduction at source, noise reduction at the place of exposure);
8) impact assessment of the proposed economic activity on public health and the environment, expert examination of public health safety, impact assessment of noise exposure on public health;
Article 4. State management of noise
State management of noise shall, within the respective competence, be implemented by the following:
2) ministries of the Republic of Lithuania (the Ministry of the Interior, the Ministry of Health, the Ministry of Environment, the Ministry of Transport and Communications and the Ministry of Agriculture);
Article 5. Competence of the Government of the Republic of Lithuania
1. In implementing state policy on noise prevention, the Government of the Republic of Lithuania shall, on the recommendation of state institutions authorised by the Government:
1) approve the State Strategic Noise Mapping Programme and the State Noise Prevention Action Programme;
2) adopt decisions on the drawing up and implementation of state investment programmes aimed at ensuring noise prevention in residential areas;
2. When adopting a resolution on the drawing up and implementation of state investment programmes aimed at ensuring noise prevention in residential areas, the Government of the Republic of Lithuania shall take into account the following:
4) the opinion and proposals of municipal institutions on the territory whereof noise prevention areas are located;
Article 6. Competence of the Ministry of the Interior
The Ministry of the Interior shall:
1) authorise subordinate public administration institutions to exercise, in accordance with the procedure laid down by legal acts, around the clock noise control in residential buildings, private property and public places, i.e. streets, squares, parks, squares as well as other public places of cities and settlements, and buildings of common use, bars, discotheques, cafés and entertainment events;
2) establish the competence of subordinate public administration institutions in the field of noise management and supervise its implementation;
3) approve, upon coordination with the Ministry of Health and the Ministry of Transport and Communications, rules for the use and maintenance of audible information and alarm;
4) include noise prevention and reduction measures in draft regional development plans in preparation;
Article 7. Competence of the Ministry of Health
The Ministry of Health shall:
1) organise and coordinate the drawing up of the State Strategic Noise Mapping Programme and the State Noise Prevention Action Programme;
2) draw up and, upon coordination with the Noise Prevention Council, approve noise norms, standards and regulatory documents of impact assessment of noise exposure on public health;
3) establish the competence of subordinate public administration institutions in the field of noise management and supervise its implementation;
Article 8. Competence of the Ministry of Environment
The Ministry of Environment shall:
3) establish the competence of subordinate public administration institutions in the field of noise management and supervise its implementation;
4) issue, in accordance with the procedure laid down by laws, permits to use noise-emitting equipment and assess whether the noise emitted by such equipment conforms to the noise limit values approved by legal acts;
Article 9. Competence of the Ministry of Transport and Communications
The Ministry of Transport and Communications shall:
3) establish the competence of subordinate public administration institutions in the field of noise management and supervise its implementation;
4) together with the Ministry of Environment, draw up and approve the rules on the limitation of noise from aircraft;
5) upon coordination with the Ministry of Health, regulate the noise limit values of vehicle and aircraft engines;
6) establish a description of the procedure for assessment and certification of conformity of vehicles and components of vehicles with noise control regulatory enactments;
Article 10. Competence of the Ministry of Agriculture
The Ministry of Agriculture shall:
1) set out noise prevention requirements in legal acts regulating the compliance and technical condition of tractors and agricultural machinery;
Article 11. Noise Prevention Council
1. The permanent Noise Prevention Council shall consider noise prevention development issues and submit proposals to state and municipal institutions implementing state policy in the field of noise prevention and the State Noise Prevention Action Programme. The Council shall be composed of representatives of state institutions, administrations of protected areas, the Association of Local Authorities in Lithuania, research institutions and the public. At least half of the members of the Noise Prevention Council must be researchers and specialists working in the field of noise prevention.
2. The composition and regulations of the Noise Prevention Council shall be approved by the Government or an institution authorised by it.
3. The Noise Prevention Council shall:
1) assess, on a yearly basis, the implementation of the State Strategic Noise Mapping Programme and the State Noise Prevention Action Programme and submit the conclusions of the assessment to the Government;
2) draw up and submit, on a yearly basis, reports on the condition of noise protection of the public to the Government;
3) hear reports of competent state and municipal institutions on the implementation on noise management measures;
5) submit proposals to the Government and state and municipal institutions on solving noise management issues;
Article 13. Competence of municipal institutions
1. Municipal councils shall:
Version of the point as of 1 October 2014:
6) set out noise prevention and reduction measures in a municipal strategic development plan and/or a municipal strategic action plan;
7) supervise the implementation of functions in the field of noise management by municipal executive institutions and other subordinate public administration entities.
2. Municipal executive institutions and other subordinate public administration entities shall:
2) organise public hearing and consideration of the environmental impact assessment of spatial planning solutions relating to noise prevention;
3) carry out analysis, evaluation and public health impact assessment of spatial planning solutions relating to noise prevention;
Version of the point as of 1 October 2014:
6) implement noise prevention and reduction measures provided for in a municipal strategic development plan and/or a municipal strategic action plan approved by a municipal council;
9) carry out the control of noise arising from construction and repair works in residential premises and residential areas, exercise the control of enforcement of the rules for noise prevention in public places;
3. Municipal institutions must require that:
1) managers of noises sources adjust and amend noise prevention action plans and implement them, adjust and amend the duration of use of the noise sources and specific time of beginning and end of operation of these noise sources;
2) when issuing a permit to construct, noise protection measures laid down by legal acts be provided for in the solutions of designs of construction works, and expert examination be carried out in completed construction works to determine whether all the noise reduction requirements have been implemented.
4. A municipal council may, within 50 m around the noise source of quiet public areas, set a lower permitted noise level than the noise level set for a quiet public area, where it recognises that individual places of the quiet public areas pose a threat to public health due to the sources of noise located therein.
Article 14. Duties and rights of managers of noise sources
1. Managers of noise sources planning to use stationary sources of noise in their economic activities must, in accordance with the procedure laid down by laws and other legal acts, carry out public health and environmental impact assessment.
2. Managers of noise sources planning to carry out building, repair and assembling works in residential areas must, not later than seven calendar days prior to the beginning of those works, submit to municipal institutions information on the location of use of the noise sources, the noise level planned, its duration per day and noise reduction measures.
3. Managers of noise sources must comply with noise limit values and ensure that the noise level of equipment used does not exceed the noise limit values set for an area wherein the noise sources are used.
4. Managers of noise sources operating or carrying out economic activities in noise prevention areas approved by a municipal council must:
1) within 30 days from the approval of such areas, submit noise prevention action plans to a municipal executive institution for coordination;
5. Any person operating or carrying out economic activities in noise prevention areas approved by a municipal council shall have the right to submit to a municipal executive institution reasoned applications concerning the activities of managers of noise sources and concerning the prevention and reduction of noise created by these activities.
Article 15. Noise indicators
Noise indicators approved by state and municipal institutions and assessment methodologies thereof must comply with the European Union’s requirements.
Article 16. Assessment of noise impact on public health
1. Noise impact on public health shall be assessed by determining the relationship between the dose of noise and disturbance it produces.
Article 17. Strategic noise mapping
1. In the Republic of Lithuania, the following strategic noise maps shall be drawn up:
2. Strategic noise maps may take the following forms:
3. Strategic noise maps must include the following data:
3) the estimated number of schools, hospitals and dwellings in a set area that are exposed to specific values of a noise indicator;
4. State institutions responsible for the drawing up of strategic noise maps referred to in paragraph 1 of this Article and time limits for the drawing up and approval thereof shall be specified by the Government.
5. Strategic noise maps shall be reviewed and, if necessary, revised at least every five years after the date of their approval. When drawing up and adjusting strategic noise maps, Lden and Lnight shall apply.
6. Strategic noise maps shall be used when drawing up noise prevention action plans, providing information to the public and providing data to the European Commission.
Article 18. State Strategic Noise Mapping Programme
1. For the purpose of drawing up of strategic noise maps, state institutions authorised by the Government shall draw up and submit to the Government for approval the State Strategic Noise Mapping Programme.
Article 19. State Noise Prevention Action Programme
1. The State Noise Prevention Action Programme shall be drawn up and implemented with a view to managing noise and its impact on health. The State Noise Prevention Action Programme must include agglomerations, major roads, major railways and major airports located in the territory of Lithuania.
2. Priority measures of the State Noise Prevention Action Programme shall be selected on the basis of any exceeded limit values in force or other criteria set by the Noise Prevention Council and shall apply in the fields of major importance, as established in the course of strategic noise mapping.
3. The State Noise Prevention Action Programme shall be drawn up and submitted to the Government for approval by the Ministry of Health and the Ministry of Transport and Communications.
Article 20. Structure of the State Noise Prevention Action Programme
1. The State Noise Prevention Action Programme must include the following:
1) a description of agglomerations, major roads, major railways, major airports or other noise sources assessed, the legal context, noise limit values, a summary of the results of the noise mapping, the estimated number of people exposed to noise, identification of problems and situations that need to be improved, records of the public consultations organised, the noise reduction measures already in force and all the projects in preparation and any actions intended to be taken within the next five years, including any measures to preserve quiet areas, a long-term strategy and the provisions envisaged for evaluating the implementation and the results of the action plan;
Article 21. Permits to use noise sources and accounting of these sources
1. In noise prevention areas, economic entities shall be prohibited from planning and carrying out economic activities wherein new noise sources are used until obtaining a permit-hygiene passport.
Article 22. Noise control
1. Noise control shall be mandatory in agglomerations and areas wherein noise exceeds or may exceed limit values.
2. Noise measurements shall be made in accordance with the procedure laid down by standardisation normative documents.
3. Noise control shall be exercised by state and municipal institutions authorised by this Law and other legal acts.
4. State and municipal institutions exercising noise control shall set the requirements for the implementation of noise prevention and reduction measures for persons. The following must comply with these requirements:
3) legal persons carrying out building, reconstruction and repair works in public places, urban and rural residential areas – not later than within four calendar days;
5. Noise control institutions may, on a reasoned application by managers of noise sources, extend the time limits referred to in points 1, 2 and 3 of paragraph 4 of this Article, but for not longer than half of the respective time limit.
6. The procedure for controlling the implementation of the requirements of this Law shall be established by an institution authorised by the Government.
7. Managers of noise sources who fail to comply with the requirements in a timely manner shall be held liable in accordance with the procedure laid down by laws.
8. Where the implementation of noise prevention measures requires excessive capital costs and a longer period of time, as compared to the time limits specified in paragraph 4 of this Article, managers of noise sources shall coordinate noise reduction plans with noise control institutions.
9. For refusal to draw up a noise reduction plan, managers of noise sources shall, in accordance with the procedure laid down by laws and other legal acts, have their permit-hygiene passports to engage in the economic activities due to which the limit values of controlled noise may be exceeded revoked.
Article 23. Restriction of activities in quiet public areas and quiet areas in open country at set hours and set places
1. The following shall be prohibited in noise prevention areas and quiet areas set by municipal institutions:
1) fireworks in quiet public areas and quiet areas in open country set by municipal institutions and at prohibited hours;
3) the use of hand-held equipment creating noise at the hours and places prohibited by municipal institutions;
Article 24. Prevention of aircraft noise
2. Aircraft noise reduction measures shall be established by the Ministry of Transport and Communications.
3. In the Republic of Lithuania, aircraft must be certified for compliance with legal acts regulating the prevention and control of aircraft noise.
4. An aircraft noise certificate shall, in accordance with the procedure established by the Ministry of Transport and Communications, be issued by the Civil Aviation Administration, upon being satisfied that the aircraft data comply with the requirements of legal acts and ICAO (International Civil Aviation Organisation) standards.
5. Aircraft noise monitoring systems must have the possibility to uninterruptedly monitor noise levels during day and night time for at least three consecutive days. The number of observation sites and observation points, the observation procedure and the right to perform aircraft noise measurements as well as the procedure for issuing, suspending and revoking licenses shall be set by the Civil Aviation Administration.
Article 25. Provision of information on noise management
1. Primary or consolidated information on noise management shall be provided to the Noise Prevention Council and state and municipal institutions in accordance with the procedure established by the Government.
2. The rules for submitting reports to the European Commission on the implementation of requirements of legal acts of the EU noise management sector shall be approved by the Minister of Health, the Minister of Transport and Communications and the Minister of Environment.
3. State and municipal institutions of the Republic of Lithuania and other public legal persons related to noise prevention and management must, in accordance with the procedure established by the Government or an institution authorised by it, provide information necessary for the drawing up of reports.
Article 26. Noise monitoring
1. Noise levels and changes thereof must be monitored in the territory of the Republic of Lithuania. Monitoring programmes shall be drawn up in accordance with the Law of the Republic of Lithuania on Public Health Monitoring, the Law of the Republic of Lithuania on Environmental Monitoring, this Law and other legal acts.
2. The mandatory indicators of noise monitoring shall be the following:
2) the level of noise from vehicles on major roads and major railways as well as aircraft noise and measures for its reduction;
Article 27. Noise prevention and reduction measures
1. Limit values of noise emitted by noise sources may vary for groups of people from different background and of different sensitivity.
2. To protect public health and the environment where noise limit values are exceeded, municipal institutions together with the Ministry of Health or an institution authorised by it shall have the right to temporarily:
Article 28. Design, construction and reconstruction of objects of economic activities
1. The procedure for planning, designing, constructing, reconstructing, accepting for use and using noise sources which may pose a threat to public health and the environment shall be laid down in the Law of the Republic of Lithuania on Public Health, the Law of the Republic of Lithuania on Environmental Protection, the Law of the Republic of Lithuania on Environmental Impact Assessment of the Proposed Economic Activity and other legal acts.
2. When constructing or reconstructing objects which may become a source of noise, the best methods of production must be selected and measures for the reduction of noise levels must be provided for.
Article 29. Product labelling
1. Noise-emitting products (groups thereof) imported into and manufactured in the Republic of Lithuania, except for aircraft, must be labelled by indicating the noise level or the effectiveness of noise reduction. Such products (groups thereof) shall be labelled in accordance with the procedure laid down by legal acts.
Article 30. Rights of persons
Persons shall have the right, in accordance with the procedure laid down by the Government or an institution authorised by it:
1) to obtain from state and municipal institutions correct information on the noise levels, the implementation of noise prevention and noise reduction measures, the permitted noise standards and health hazards of the noise sources planned to be used;
2) to take part in the assessment of the impact of the proposed economic activity in which noise sources are intended to be used on public health and the environment;
Article 31. Duties of persons
1. In manufacturing, carrying, storing and using the equipment and appliances which, create noise in the course of manufacturing, distribution, storage or use, a method must be selected that would make it possible not to exceed the noise limit values.
2. Manufacturers, carriers, importers and managers of noise sources must manufacture, import and use only such mobile noise sources that do not exceed the noise limit values set by the competent state institutions.
3. Manufacturers, carriers and managers of noise sources must use technological equipment and noise sources according to technical specifications and additional conditions, where they have been set by the competent state or municipal institutions upon coordination with the state institutions which have approved the conditions.
4. Manufacturers, carriers and managers of noise sources must, in accordance with the procedure laid down by laws and other legal acts, inform the competent state institutions and the public about noise levels and the measures taken to reduce noise.
Article 32. Liability for infringements of this Law
1. Persons in breach of requirements of this Law shall be held liable in accordance with the procedure established by laws.
Article 33. Entry into force of the Law
This Law, with the exception of Article 5(1)(1), Article 11(2), Article 13(1), Article 18(1), Article 21(2) and Article 22(6), shall enter into force on 31 December 2004. Article 5(1)(1), Article 11(2), Article 13(1), Article 18(1), Article 21(2) and Article 22(6) shall enter into force on 1 June 2005.
Article 34. Proposals to the Government
1. The Government shall, by 31 December 2004, draw up and submit to the Seimas a draft law amending the Law on Local Self-government, coordinated with this Law.
Article 35. Proposals to municipalities
1. The municipalities of the cities of Vilnius and Kaunas shall, by 30 June 2007, draw up strategic noise maps of their agglomerations.
2. The municipalities of the cities of Klaipėda, Šiauliai and Panevėžys shall, by 30 June 2012, draw up strategic noise maps of their agglomerations.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex to
the Republic of Lithuania
Law on the Management of Noise