|
Reply
from Fingal County Council 22 Nov 01 Re: Aircraft Testing - Dublin Airport Our Ref: NE5 Dear Deputy Owen, I refer to your letters on behalf of the Portmarnock Community Association concerning engine testing at Dublin Airport and apologise for the delay in replying. Fingal County Council issued a notice under the Environmental Protection Agency Act, 1992 requiring abatement of noise arising from certain engine testing on aircraft. Arising from this Aer Rianta made representations in writing and indicated that the test-running of on-wing aircraft engines at Dublin Airport is controlled in accordance with the Airport Bye-Laws 1994, which in turn derive from sections 16 and 17 (as amended by the Air Navigation and Transport Act, 1988) of the Air Navigation Act 1950. The Council's Law Agent was asked for advice and has replied that it appears that the Bye-Laws have precedence over the provisions of the Environmental Protection Agency Act, 1992 by virtue of Section 16 sub-section 7 of the Air Navigation Act, 1950 as amended which states "where any matter in respect of which Bye-Laws are made under the section is the subject of any enactment (other that this Act) or any instrument made thereunder then the operation of that enactment or instrument, in so far as it relates to that matter shall be suspended during the continuance in force in those Bye-Laws". The Law Agent also continues to state that the notice served under the Environmental Protection Agency Act 1992 therefore has no effect. The Portmarnock Community Association attended the Deputations meeting in the Council Chamber on the 1st November, 2001. The first item on the agenda was UPROAR. At that deputations meeting it was explained that a notice was issued but that the Law Agent's reply was awaited. It was also explained that Aer Rianta had plans to that a detailed Noise Management Strategy has been drafted and that from this strategy a Noise Management Plan has been developed and that it is Aer RiantaÕs intention to brief the Minister for Public Enterprise and a full spectrum of public representatives and public officials on the new Noise and Flight Track Monitoring System before Christmas, and to organise a Seminar on all aspects of Noise Management early in 2002 for Community Associations. There will be a community based programme to encourage members of local communities to come to the airport and see the system and outline what their concerns arc. Mention was also made that from the 1st April, 2002 the EU has banned the use of Chapter II aircraft, eg 73 7-200, BAC ill. Operators have been introducing hush kits onto the Chapter 2 aircraft engines to reduce the amount of noise. It was also mentioned that newer aircraft are getting progressively quieter. New procedures have also been agreed for departing aircraft. They would climb straight ahead, when departing to the east to a distance of 5 nautical miles if turning north and 6 nautical miles if turning south. There is an agreement in place which states that nobody can caarry out on-wing power plant testing without Aer Rianta's prior knowledge or approval between 23.00 and 06.00. Furthermore wide-bodied aircraft cannot have their power plant test-run between 06.00 and 09.00 and 20.00 and 23.00. I trust that this has been of assistance to you. Padraig
O Mordha |
