The Environmental Protection Act does give consumers protection against noise
We are in the Christmas season and many consumers who are exposed to noise, live in fear that the noise in their environs will be increased at a time when we look forward to peaceful surroundings.
Many of us are not familiar with the protection we should enjoy under the Environmental Protection Act, although the act has been in force since June 1996. Under Part V, Prevention and Control of Pollution it is stated:
“19 (1) A person shall not –
(a) Undertake an activity that causes or is likely to cause pollution of the environment unless the person takes all reasonable and practicable measures to prevent or minimize any resulting adverse effect;
(b) Discharge or cause or permit the entry into the environment of any contaminant in any amount, concentration or level in excess of that prescribed by the regulations or stipulated by any environmental authorization
“2 (a) any person who contravenes subsection (1) (a) shall be guilty of an offence and shall be liable to the penalties prescribed under paragraph (f) of the Fifth Schedule.”
Paragraph (f) follows:
“a fine of not less than three hundred thousand dollars nor more than seven hundred and fifty thousand dollars and imprisonment for one year.”
Part VIII of the act provides for the establishment and jurisdiction of an environmental appeals tribunal, but to my knowledge no tribunal has been appointed.
The Fifth Schedule deals with penalties. Paragraph (f) follows:
“a fine of not less than three hundred thousand dollars nor more than seven hundred and fifty thousand dollars and imprisonment for one year”
There is a proviso:
“Provided that where the offender, liable to a prescribed fine under any of the aforesaid paragraphs is a body corporate, the body corporate shall be liable to a fine of not less than twice such prescribed maximum fine nor more than twice such prescribed maximum fine, and, where the offender liable to a prescribed fine of imprisonment under any of the aforesaid paragraphs is a body corporate, the body corporate shall be liable to twice such term of imprisonment.”
The Guyana National Bureau of Standards has issued Interim Guidelines for Noise Emissions into the Environment. Copies of the guidelines are available from the Bureau in Sophia.
This Guyana standard was adapted from the “Central Pollution Board, Ministry of Environment and Forests of Indian Standards” World Health Organisation and Denver State, USA, by the board’s Technical Committee – Environment in 2005 and approved by the National Standards Council.
The standard was developed to assist the Environmental Protection Agency in the enforcement of the Environmental Protection Act (Noise Management) Regulation 2000 and to reduce the levels of nose emanating from commercial, residential, institutional, educational, industrial, construction, transportation and recreational activities.
There are guideline values for noise in specific environments. We look at the residential and recreational environments. The values change for daytime 06:00h – 18:00h and night-time 18:00h – 06:00h.
Daytime limits… for residential areas 55
dB (A)
Recreational areas 110 dB (A)
Nighttime residential 45 dB (A)
Recreational areas 85 dB (A)
“Sampling Methods
For the determination of noise levels specified in this standard, measurement shall be taken of noise receptors located in the property boundary or 15 metres from the source…”