Acoustic pollution. Do the Public Administrations fullfil / carry out its call of duty?
- marzo 3rd, 2011
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The Noise Law 37/2003, 17 November, admits in his exposition of reasons, that the creation of a state norm of protection against the acoustic pollution was the unresolved subject on our legislation, being in addition a legal mandate of the Constitution the protection of the health and of the environment (arts. 43 and 45), as well as of some fundamental rights, as the right to the personal and familiar intimacy.
But, what we understand for noise pollution? It´s when noise is excessive and troublesome, and could cause harmful physiological and psychological effects in the citizens. The principal sources of the acoustic pollution are those related to the human activities, like the urban and railway traffic, the construction of buildings and public works, the places of leisure, the planes, etc.
Which are the measures that the Noise Law adopts to guarantee the protection against this type of pollution? In first place, it gives a few guidelines to local administrations, as the classification of different noise areas, the noise indexes, and establishes the approval of noise maps. In second place, it establishes a duty to inspect and to sanction, as well as a few provisional measures, like sealed of devices, equipments or vehicles, and closing the establishment, between others.
All these measures come to guarantee that the acoustic pollution is going to be controlled by the public administrations, but is this duty of prevention, inspection and sanctioning being acomplished? In many occasions the administration carries out the inspection, does the measurement test, initiates the corresponding sanctioning process but all this does not guarantee the end of the noise pollution. Sometimes, due to a mistake of the time intervals that have to be respect when doing the measurement test, or for the lack of homologation of the equipment, put and end to the whole process. All the previous, are giving a fair defense to lawyers specialized in environment, as Manga Abogados, to obtain the close of the sanctioning processes.