Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697639562485.pdf (Antigua and Barbuda)
No.

10 of 1996.

The Noise Abatement Act, 1996.

1 ANTIGUA AND BARBUDA [L. S . ]

I Assent, James B. Carlisle, Goventor-General.

18th February, 1997.

ANTIGUA AND BARBUDA No.

10 of 1996 An act to make provisions concerning the control of noise with a view to its abatement.

[ 27th February, 1997.

1 ENACTED by the Parkanent of Antigua and Barbuda as follows - 1.

This Act may be cited as the Noise Abatement Act 1996. short title.

2.

(1) In this Act Interpretation.


"contravention"inc1udesaf~ure tocomply with the provision in question, and "contravene" shall be construed accordmgly ; "loudspeaker" includes any amplifier, microphone, gramophone or other similar instrument; "Minister" means the Minister responsible for health; 2 The Noise Abatement Act, 1996.

No.

10 of 1996.
ANTIGUA AND BARBUDA "noise" includes vibration; "noise abatement order" and "noise abatement zone" have the meanings given by section 1 1; "noise reduction notice" has themeaning given by section 14; "Planning Authority" means the Development Control Authority establishedby seaion 3 (1)oftheLandBevelopment and Control Act; "political meeting7' means a meeting for the purpose of discussing or criticising the performance of the government, a local authority or such other institution or authority, or furthering orcriticising theaims objects, actionor programme of any politid parcg: or for the purpose of supporting or opposing the candidature of any individual as against any other or others at an election; "person responsible", in rekitation to the emission of noise, means the person to whose act, default or sufferance the noise is attributable; "street" means any road, street or open space to which the public is granted access and any bndge over which a street passes, and includes any pvately owned road, street or open space to which the public is granted access either generally or conditionally; 'work of engineering cot~smction" means the cons~uctivr;, structural alteration, mainte~mce, repair or demolition of my dmk,&ur, tunnel, b e e , water-works, road reservoir, pipeline, sewer, sewage works, gas-holder or telephone lines.
(2) Where more than one person is responsible for noise, this Act shall apply to each of those persons, whether or not the noise for which any one of them is responsible would itself amount to an annoyance or wouldresult in alevel of noise justifying action u n d ~ this Act.

ANTIGUA AND BARBUDA Exemption fromthe application of this Ab.

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10 of 1996.

The Noise Abatement Act, 1996.

3 3.
(1) This Act does not apply to noise caused- (a) at or by an educational class or recreation in or around a school, college, university or other educational institution: (b) at or by bona-$ide athletics or sports; (c) at or by born$& cinematograph, musical, magical or other theatrical entertainment or other similar entertainment, beauty competition, handicraft show, fair, circus, artistic or cultural show, private dance or party held between 9:00 a.m. and 11:OO p.m. on the same day in an area not designated a noise abatement zone; (d) at a bona-fide wedding or celebration thereof between the hours of 9:00 a.m. and 1 1:00 p.m. on the same day; (e) by an aircraft; (fl during a period, or by such cause, or for such purpose as the Minister may by Order specify.
(2) With the exception of sections 5 and 16, this Act does not apply to noise caused in an area which is not anoise abatement zone by - (a) a public or political meeting held - (i) between 9:00 a.m. and 11:00 p.m. on the same day; or (ii) at any other time permitted by theCommissioner of Police; (b) a religious service or meeting.

(3) Norhing in this Actaffectsany provision of theRepresentation of the People Act or any rule or regulation made thereunder.

Cap.

379 4 The Noise Abatement Act, 1996.

No.


10 of 1996.

ANTIGUA AND BARBUDA Action by Minister to deal with noise.

4.
(1) Where the Minister is satisfied that noise amounting to annoyance exists, or is llkely to occurorrecur in any areaol' Antigua and Barbuda, he shall serve a notice imposing all or any of the following requirements- (a) requining the abatement of the annoyance or prohibiting or restricting its occurrence or recurrence; (b) requiring the execution of such works, and the taking of such other steps, as may be necessary for the purpose of the notice or as rnay be specified in the notice; and the notice shall specify the time or times within which the requirements of the notice are to be complied with.
(2) The notice shall be served on the person responsible for the annoyance or, if that person cannot be found or the annoyance has not yet occurred, on the owner or occupier of the premises from which the noise is emitted or would be emitted.

(3) The person served with the notice may appeal against the notice to ajudge in Chambers within twenty-one days from service of the notice.
(4) Ariy person on whom anotice is served under this section and who without reasonable excuse contravenes any requirement of the notice, is guilty of an offence.
(5) In proceedings for an offence under subsection (4) in respect of noise caused in the course of a trade or business, it is a defence to prove that the best practicable means have been used for preventing, or for counteracting the effect of the noise and the premises from which the noise is emitted is a place in respect of which the Planning Authority has approved the carrying on of such trade or business.

(6) In proceedings for an offence under subsection (4) it is a defence to prove- No.

10 of 1996.
10 of 1996.

T}w N~nise ABcrtement Act, 1996.

5 AI'TGU.4 AND BARBUDA (a) that theact or emission causing theannoyancemeetthe requirements of a nohce served under section 6 or a consent given under section 7: or (b) where the alleged offence was committed at a time when the premises were subject to a notice under section 14, that the level of noise emanating from the premises at that time was not such as to constitute a contravention of the notice under section 14.
(7) If the Minister is of the opinion that proceedmgs for an offence under subsection (4) would afford an inadequate remedy he may take proceedings in the High Court for the purpose of securing the abatement, prohibition or restriction of the annoyance, and the proceedings is maintainable notwithstanding that the Minister has suffered no h n a g e from the annoyance; but in any proceedings taken in pursuance of this subsection it is adefence to prove that the noise was authorised by a notice under section 6 or a consent under section 7.
5.

(1) A magistrate's court may act under ttnis section on a complaint made by the occupier of any premises on the ground that in his capacity as occupier of the premises he is aggrieved by noise amounting to a11 annoyance.
Sununary proceedings by occupier of p-enlises, (2) If the magistrate's court is satisfied that an alleged ararmoyance C X I S ~ S , or that although abated it is llkely to recur on the same premises, the court may make an Order for either or both of the foliowing purposes - (a) requumg thz defend~nt to abate the annoyance, wlthln a tune specified in the Order, and to execute any work4 necessary !or that purpose; (b: proh~biting a recurrence of the annoyance, andrequu~ng the defendant, within a tune specified in the Order.
to execute any works necessary toprevent its recurrence.

(3) Proceedings under this 4ection shall be brought aganst the Ferson responsible for the annoyance or, if that person camot be 6 The Noise Abatement Act, 1996.

No.

10 of 1996.

ANTIGUA AND BARBUDA found or his identity cannot be determined, against the owner or occupier of the premises from which the noise is emitted or would be emitted.
(4) A person who without reasonable excuse contravenes any requirement of an Order under subsection (2) is guilty of an offence.
(5) In proceedings for an offence under this section in respect of noise caused in the course of a trade or business, it is a defence to prove that thebest practicablemeans have been used for preventing, or for counteracting the effect of the noise, and that the premises from which the noise is emitted is a place in respect of which the Planning Authority has approved the carrying on of such trade or business.

Control of noise on construction site.

6.


(1) This section applies to works of the following description, that is to say- (a) the erection, construction, alteration, repair, or maintenance of buildings, structures or roads; (b) breaking up, opening or boring under any road or adjacent land in connection with the construction, inspection, maintenance or removal of works; (c) demolition or dredging work; and (d) any work of engineering construction.
(2) Where it appears to the Minister that works to which this section applies are %ng, or are going to be carried out on any premises and the noise emanating or likely to emanate therefrom would amount to an annoyance or would result in a level of noise justifying action under this Act or Regulations made thereunder, he may serve a notice imposing special requirements as to the way in which the works are to be carried out and may publish notice of the requirements in such way as appears to h i to be appropriate.
(3) The notice may in phcular- No.

10 of 1996.

The Noise Abatement Act, 1996.

7 .

k I G U A AND BARBUDA (a) b specify the plant or machinery which is or is not to be used, specify the hours during which the works may be carlied out; (c} specify the level of noise which my be emitted from the premises in question or which may be so emitted during sgzcifiedho'urs; and (d) provide for any change of circumstances.
(4) In acting un&r &is section the Minister shall have regard- (a} to theneed for er?suPing that the best practicable means are employed to minimise noise; (b) before specifying any particular method or plant or machinery, to the desirability, in the interests of any recipients of the not.ice in question, of specifq;ing other methods or plant or machinery which would be substantially as effectivein minimising noise andmore acceptable to them; (c) to the need to prowt any persons in the locality in which the premises in question are situated from the effects of noise.
(5) A nmce under this section shall be served on the person who appears to the Minister to be canying out, or going to carry out, the works, and on such other persons a m n g to the Minister to be nsponsi3le for, or to haye control over, the carrying out of h e works.
(6) Anoncgundefthis sectionmay specify the the withiin which the notiLe is to be complied with, and m y q u i r e ik exectition of bsch w=:ks, and the taking of s ~ c h otha s + q s , as may be necessary for the puppose of $he notice, or as m a y be specified irr the notice.

(7j A person sewed with a notice under this section may appeal .igainst the norice to a Magistrate within twenty-one days from the service of the noticz.

ANTIGUA 8 The Noise Abatement Act, 1996.

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AND BARBUDA (8) If a person on whom a notice is served under this section, without reasonable excuse contravenes any requirement of the Notice, he is guilty of an offence.

Prior consent for work of engineering constmaion.

7.

(1) Every person who intends to carry out any work of engineering conskction shall apply to the Minister for consent under this section.
(2') An application under this section shall contain particulars of- (a) the works, and the method by which they are to be camed out: and (b) the steps proposed to be taken to minimise noise resulting from the works.
(3) If the Minister considers that the application contains sufficient information for the purpose and that, if the works are carried out in accordance with the application, he would not serve anotice under section 6 in respect of those works, the Minister shall give his consent to the application.
(4) In acting under this section the Minister shall have regard to the considerations set out in section 6(4) and shall have power t+- (a) attach any conditions to his consent; and (b) limit or qualify his consent to allow for any change in circumstances: and (c) limit the duration of the consent; and any person who knowingly canies out the works, or permits the works to be carried out, in contravention of any condition attached to a consent under this section is guilty of an offem.

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10 of 1996.
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The Noise Abatement Act, 1996.

9 ANTIGUA AND BARBUDA (5) The Minister shall inform the applicant of his decision on the application within twenty-eight days from the receipt of the application; and if the Minister gives his consent to the application he may publish notice of the consent, and of the works to which it relates, in such way as appears to him to be appropriate.
(6) If the Minister- (a) does not reply within the said period of twenty-eight days, an unconditionalconsent shallbe deemed tohave been given to the applicant; (b) gives his consent witbin thesaidperiodof twenty-eight days, but attaches any condition, qualification or limitation thereto, the applicant may appeal to a Magistrate within twenty-one days of the end of that period.
(7) In any proceedings for an offence under section 6 (8) it shall be adefence to prove that the alleged c o n t r a v e n t e carrying out of the works in accordance with aconsent given under this section.
(8) A consent given under this section shall contain a statement to the effect that the consent does trot of itself constitute any ground of defence against any proceedings instituted under section 5 (9) Where a consent has been given under this section and h e works are camed out by a person other than the applicant for the consent, it shall be the duty of the applicant to take all reasonable steps to bring the consent to the notice of that person; and if the applicant fails to comply with this subsection he is guilty of an offence.
8.

(1) Subject to any written law, any person who in a motor vehicle plays or operates or causes or permits the playing or operation of any musical or noisy instrument or of any radlo or any instrument, apparatus or device by means of which sounds may be mechar~cdl y, electronically or electrically producedorreproduced, SG as asto cause annoyance to any person in the vicinity thereof or, in playing of musical in " i motor vehicle.

etc.s ~ ~ ~ ~ ~ 10 The Noise Abatement Act, 1996.

No.

10 of 1996.
No.

10 of 1996.

ANTIGUA AND BARBUDA the case of a public service vehicle, to any passenger in the motor vehicle, is guilty of an offence.

(2) The driver of a motor vehicle in which a contravention of subsection (1) takes place is guilty of an offence.

(3) It is a defencx for a person charged under subsection (2) to prove that he was not present when the offence was committed or that he took d1 reasonable steps to prevent the contravention.

Ncise in street.

9.


(1) Subject to this Act a loudspeaker shall not be operated in a street- (a) between the hounof 12:001nidnight and 7:00 a.m. the following m~rning for any purpose; (b) at any other time, except for the purpose of a political or public meeting or religious meeting or service; Provided that the Commissioner of Police may grant permission for the use of a loudspeaker in a sweet during such h e , for such purposes and subject to such conditions as he may impose.
(2) Subsection (1) shall not apply to the operation of a loudspeaker- a for police.

fire brigade cr ambulance purposes, or by a public utility in the exercise of any of its functions; (b) for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel; (c) if Lfe loudspeaker forms part of a public teelepbs~tc system; No.

10 of 1996.

The Noise Abatement Act, 1996.
11 ANTIGUA AND BARBUDA (d) if the loudspeaker- (i) is in or fixed to a vehicle; and (ii) is operated solely for the entertainment of or for communicating with the driver or apassenger of the vehcle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic; and (iii) is so operated as not to give reasonable cause for annoyance to persons in the vicinity; (e) in cases of emergency; Cf) for such purposes as the Minister may, by Order speclfy .
(3) Any person who contravenes this section is guilty of an offence.

10.

(1) The Minister may by Order designate as a noise Noiseabatement abatement zone any area within a radius, specified in the Order of mne.

any building, or any other area where the Minister considers it in the public interest to do so having regard to the character of the area.
(2) A noise abatement zone Order shall - (a) describe and delimit the area to which the Order applies; and (b) specify the days or hours of the day during which persons are subject to control under section 11, and, where the noise abatement zone Order is, in respect of an area within the specified radius of any building, the noise abatement zone Order shall describe and delimit tbe area by reference to the building and to the radius.

12 The Noise Abatement Act, 1996.

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10 of 1996.

ANTIGUA AND BARBUDA (3) Notwithstanding subsection 2(b) any building or other area may be designated a noise abatement zone for a definite or an indefinite period.

Control of noise in nose abatement zone.

11.

(1) Notwithstanding anything in this Act to the contrary, no person whether within or outside a noise abatement zone, shall during the specified perid, cause or permit to be caused, noise so as to cause annoyance to any person within anoise abatement zone.
(2) Subsection (I) does not apply t- (a) noise caused by he operation of a loudspeaker for the purposes of pdice, fxe brigade, anlbulance or the armed forces of Antigua and Barbuda or in case of emergency; (b) noise or continumce of noise caused by a person as a result of some temporary or accidental cause which could not have been prevented by the exercise of due diligence and care on the part of that person; or (c) noise caused by the horn of a vehicle for the purpose of giving sufficient warning of the approach or position of the vehicle.
(3) Any person who contravenes this section is guilty of an offence.

So~se abatement sigm 460.

12, (1) The Minister may direct the Traffic Commissioner, appinted under section 4(1) of the Veh~cles Road Tr&ic ACL ito cause or pemit appropriate noise abatement zone signs to be placed, erected or stherwise marked on or near any street.
(2) The noise abatement zone signs shall be of such size, colow and type as may be approved by the Traffic Commissioner and shall inform the public that- (a) (b) they are approaching a noise abatement zone; they are in a noise abatement zone; No.

10 of 1995.

The Noise Abatement Act, 1996.

I3 &WIGUA AND BARBLIA (c) they are leaving a noise abatement zone.
(3) Every noise almment mne sign emted, p h d , marked or retained on or near any street shall, d s s the contrary is provedIr be (a) to have hem Bawf~~lly SO erect& placed, mwked or retained; and (b) to Ire of the approved type and substa~tidly of the approved size a c t colour, where abe size, colour a1d type of the sane have been approved.

(4) Subject to subsection (3, the Traffic Co&ssioner or a person authorised by him in that behalf shall replace or maintain noise abatement zone signs and may enter.
any land near to or adjoining a street to do so or to cut Ibraplches of trees or other vegetation, or to remove my other ihing which obsc~ues or is likely to cause damage to a noise abatement zone s~gn.
(5) The Traffic Camissioner or a prsor~ aut;~orised by him skdI not enter mg land near to or adjoining a street to exercise his fuxclion under subsection (4) untilafter the exp' tionof three days' notice in1 writing, given to toe occupier of tb 7 bad or posted up c~~nspicuously thereon, of the intention to do so.
(6) Any person who- (a) u~niawfuily places, ezects, m s b or removes or causes to be p h d , erected, marked or removed a noise abateaent zone sign on or neax a sweet; ~r (b) defaces, damages, alters or obscures, or in my way interferes with, any noise abatemen tzone sign lawfully placed, erected, marked or retained on or near a street, is liable on suatnary conviction to a fine of one thousand dolHars and t~ impris~nment for six moaths.

14 The Noise Abatement Act, 1996.

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10 of 1996.

ANTIGUA AND BARBUDA (7 j If any person owning or having any interest in any property suffers pecuniary loss by reason of any damage to the property resulting from the carrying out by the Traffic Commissioner of the function mentioned in subsection (I), such person is entitled to compensation in respect of the loss.
(8) If any difference arises between a person claiming compensation under subsection (7) and the Traffic Commissioner as to whether the person is entitled to any such compensation or as to the amount of the compensation, such difference shall, on the written application of the person or of the Attorney General, be determined - (a) if the amount of the compensation claimed does not exceed ten thousand dollars, by a Magistrate; or (b) if the amount of the compensation claimed is ten thousand dollars or more by a judge of the High Court, in like manner as if the Magistrate or the Judge were a single arbitrator appointed pursuant to the Arbitration Act, and that Act shall apply accordingly.
(9) Compensation payable under this section shall be defrayed out of monies provided for the purpose by Parliament.

Reduction of noise levels.

13.


(1) If it appears to the Minister - (a) that the level of noise emanating from any premises to which anoiseabatementorderapplies isnot acceptable having regard to the purposes for which the Order was made: and (b) that areduction in that level is practicable at reasonable cost and would afford a public benefit, the Minister may serve a notice on the person responsible.

(2) The notice shall require that person- No.

10 of 1%.

The Noise Abatement Act, 1996.


15 ANTIGUA AND BAIU3UDA (a) to reduce the level of noise ernanzting from the premises to such le\7elasmay1be specifidin the notice; (b) to prevent any subsequent increase iYa the level of the noise emanating from the% premises without the consent of the Minister; and (c) to such steps as may be specified in the notice to achieve those piqmses.
(3) A notice under h s section (in this Act referred to as a "noise reduction notice") shall specify a t h e , not being less than six months from thedateof service ofthenotice, within which thenoise level is to be reduced to the specified level and, where the noiice splfied any steps necessary to achieve t h a t p q s e , within wbich those steps shall be taken.

(4) Anoisereduction noticemay specify particular times, or days during which the noise level is to be reduced.
and may require the noise level to be reduced to different levels for different limes or days.

(5) A p a o n who is served with a noise reduction notice may, w&hn *&ex?

months of the date of service, appd to a Masgistrate agai~ist h e notice.

(6) A person who withoutaeasc9nable excuse conlr;;venes anc3ise redmion nctice is guilty of an offence.

17) In p o d n g s for an offence under subsection (6) in respect of A oise caused in the course of Grde or bilsiness, it is a defenec e ~ ?
pwve that the best ~mttcable means had ki~ used for preventiag ~~~circountera~tining the effect of thenoise and that the premises from wcsich the noise is em:tnated is a place a a ~ respect d which the t3al ;f such trade 3r i : ;in3 A~lthority ha; appros~e" the c i ~ ~ ; , - , g business.

24, (1) Provisions may be made by R e g u ~ o n s - Noise from plant or machinery.
(a) for requiring the use, on or in connection with any p h t or mxh~ery, of devices or arrangements for reducing the mise caused by the p h t or machinery; 16 The Noise Abatement Act, 1996.

No.

10 of 19%.
No.

10 of 19%.

ANTIGUA AND BARBUDA fb) for limiting the level of noise which may be caused by any plant or machinery when used for works to which section 5 applies or which may be caused outside a factory by the use of plant or machinery in the factory; andReguhtions under this sectionmay apply standard, specifications, descriptions or tests laiddown in documents not forming part of the Regulations.
(2) The Minister shall, before he makes Regulations under this section consult persons appearing to him torepresent producers and users of plant and machinery with a view to ensuring that the Regulations do not contain requirements which, in his opinion, would be impracticable or involve unreasonable expense.
(3) Any person who contravenes or causes or pennits another person to contravene Regulations under this section is guilty of an offence; but in any proceedings for a contravention of regulations made in pursuance of subsection (1 )(a) it is a defence to prove that means were used for the purpose of reducing the noise in question which were not less effective for that purpose than the means required by the Regulations.
(4) Nothing in this section or in Regulations under this section shall be construed as derogating from any other provision of this Act.

Codes of practice for minimising noise.

15.


For the purpose of giving guidance on appropriate methods (including the use of specified types of plant or machinery) for minimising noise, the Minister may by Order - (a) prepare and approve and issue codes of practice as in his opinion are suitable for the purpose; and (b) approve such codes of practice issued or proposed to be issued otherwise than by the Minister as in the opinion of the Minister are suitable for the purpose.

Penalty.

16.
Penalty.

16.

A person guilty of an offence against this Act for which no penalty is provided, is liable on summary conviction - No.

10 of 1996.

The Noise Abatement Act, 1996.


17 ANTIGUA AND BARBUDA (a) in the case of a first offence against this Act toa fme not exceeding one thousand dollars; and (b) in the case of a second or subsequent offence against this Act, ma fine not exceeding three thousanddollars, together, in case, with a further fine not exceeding two hundred and fifty dollars for each day on which the offence continues after the conviction.

Passed the House of Representatives 16th day of December, 19%.
Passed the Senate this 23rd day of January, 1997.

B. Harris, Speaker.

M. Percival, President.

S. Walker, Clerk to the House of Representatives.

S. Walker, Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda by Rupert Charity, Governn~emt Printer -By Authority, 1997.

800-297 [ Price $6.80 1