The regulation of noise pollution in Malta

Abstract

Our environment is threatened. Not just by toxic pollution, but also by an invisible form of pollutant, which however is likewise dangerous: noise. When considering whether noise does in effect create a disturbance in a given environment, one has to determine the definition we attribute to the term 'environment'. In Chapter I of this dissertation, I tried to analyse in detail what we mean by environment. The environment is not just the sea the air or the land we live in, but it is everything that surrounds us. In such a case, noise can be considered to violate the full enjoyment of such environment, as it disturbs the peaceful living of every individual affected by it. The environment is everything that surrounds us; it is the world in which we build our lives. In Chapter II then I moved on to deal with the intrinsic nature of noise, its various sources and the effect it has on human beings. In this chapter, I discussed extensively the harm that noise may cause. This is basically to proof that noise does violate the environment we live in, since it affects our behaviour in any part of our social life, being at work, at home, or during entertainment. This, however, is not al, noise is also the cause of deleterious health effects. The effects of noise, however, cannot be noted immediately as in the case of toxic pollutants, but they start to be detected after a long period of time. Their effect hmvever can be permanent. Thus noise has to be controlled. Chapter III is a review of current Maltese legislation and case law which deal with noise and the disturbance resulting from such noise. Malta lacks a specific law, that regulates noise emissions, but various provisions are scanered in different laws, that aim to prevent any disturbance to be caused by means of noise, in the context, however, of the particular law. On the contrary, foreign countries have an extensive legal framework regulating noise emissions, since noise, in various countries of the world is recognised to be harmful, while in Malta we still underestimate it. So Chapter IV is a review of noise abatement laws present in European Union countries and the United States. Noise abatement laws in foreign countries are very extensive, which show that the harms and threats of noise pollution are well known and need to be abated. Chapter V then comes into play, with the various actions that persons have against those who create a nuisance by means of noise emissions. The U.K. legal framework was taken as a model. Apart from this, the enjoyment of the environment free from pollutants, is getting popularity as a fundamental human right. Noise, therefore, violates this human right to enjoy the environment. Finally, I am also proposing a law, a noise control act for Malta, to monitor, control and abate noise in the various sectors of the Maltese environment.