Noise Control Act No. 18 of 1988

261 SAINT VINCENTANDTHEGRENADINES ACT NO 18 OF 1988 [L.S. 1 I ASSENT REI RY R. WILLIAMS. Ag. Governor-General. 24th June, 1988. AN ACT to make new provisions in respect of !he control of noise and vibration wi th a view to ~eir abatement. ( 19th July, 1988) BE IT ENACTEDby the Queen's rlost Excellent ~jesty, by and wi th the advice and consent of the ~ of Assembly of Saint Vincent and the ~adines and by the authority of the sameas lollows: 1. This Act may be cited as the Noise tootrol Act, 1988, and shall come into operation IJIthe6th day of July, 1988. Short title and comlllence ment 2. (1) In this Act, except where the ootext otherw i se requires Interpretation 262 No. 18 Noise Control "Board" means the Physical Planning Development Board establ ished under sectioo \ of the Town and Country Planning Act 1976 (~ 8 of 1976); ''Carnival per-iod" means Carnival Tuesday the eleven days immediately preceding it, tr such other period as the Minister wi responsibi 1i ty for CuIture may appoint ~ Proc laaat ion in the Gazette; "contravent ion" includes a fai lure to c 1, wi th the provisron in question, "contravene" shall be construed accordingly; "loudspeaker" includes a megaphone . other dev ice for ampl ifying sound; HMinister" means the Minister charged responsib il ity for health; "musical instrusent" includes a f'adio receiver, television receiver, keyboard, wi 263 No. 18 Noise Control 1988 instrument, str-ing instrument, drums, steel pans, cowbell, scraper, tambout'ine, or any article or thing made or adapted for use in making at'attempting to make musical suund; "noise" includes vibration; "noise abatement order" means an order made under section 8; "noise abatement zone" means a noise abatement zone designated by the Minister under section 8; "noise reduction notice" means a notice served pursuant to section 9; "per-iod of elections" means the per-iod between the date of nomination of candidates fat' any general, local or bye-elections, and the date of polling for the same, inclusive of those dates; "street" includes highway, boulevard, IIIdt'ket place, park, square, court, bridge, footllfay and any other road which is lawfully used by the public, whether used as a public thorough+are at'otherwise; No. 18 Noise Control 1988 264 "person responsible" in relation to the emission of noise, means the person to wh~ act, default or sufferance the noise is attributable, and includes any person whois the owner or- occupier or lessor or lessee or proprietor in respect of the premises from which the noise is emitted or about to be emitted; "poli tical meeting" means a meeting held for the purpose of furthering or discussing ~e aims, objects, actions or policies or pl'ogramae of any pol i tical party or for the purpose of supporting the intended candidacy of any individual or group of individuals; "public meeting" includes any aeeting in a publ ic place and any meeting Nhich the public or any section of the public is permi tted to attend, whether on paylleOt or otherwise and whether by special or general invitation or otherwise; "public placeR includes any public way, building, place or conveyance to MIlichthe public are entitled to have access whether 00 payment or otherwise; 1tl.18 265 Noise Control 19S5 ary pr-o "t!edingsto deal .ith noise "statutory undertaking" means any undertaking for the supply of electricity, telephone, water, or any other public utility as may be specified by the Minister from ti~e to time by Proclamation in the Gazette; "work of t'ngineering construct ion" means the construct ion, structur-al al teration, maintenance or- repair of any dock, harbour, tunnel, bridge, waterwOl'ks, reservoir, pipeline, sewer, sewerage works, gasholder, plant or factor-Yi (2) Where more than one persoo is responsible for noise, this Act shall apply to each of those persons whether or not the act or O4Iission for which anyone of thE!ll is responsible would by itself amount to a nuisance or would result in a level of noise justifying actioo under this Act. 3. (1) Iilere the Board is satisfied that noise amounting to a nuisance exists, or is likely to occur or recur or continue in any area of Saint Vincent and the Grenadines, it lay serve a notice prescribing all or any of the follONing t'equirements (b) t'equiring the executirn of such work, and the taking such ether steps, as maybe necessary fat' the put'pose the notice ot' as ~y speci fied in the notice; 266 No. 18 Noise Control (a) requlrlng the abatement the nuisance, 01' prohibit! or restricting its occ rence or t ecurrsnce continuation; and the notice shall specify the time or ti within which the re<juirements of the notice areto be complied with. (2) The notice shall be s~rved 00 ~y of the persons dee;ed to be responsible for t~ noi se or, if the noi se has not yet occurred, !II any of the persons Nho would be thus responsible i it should occur. (3) The person served Ni th the notice may appeal against the notice to a Judge in Chambers within fourteen days frail service of ~ notice. 267 No. 18 Noise Control 1988 (4) A person on whom a notice is served under this section who, without reasonable excuse, contravenes any re~uirement of the notice, commits 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 shall be a defence to prove that the best practicable means have been used for preventing, or for counteracting the effect of the nois~. (6) In proceedings for an offence under subsection (4) of contravening re<juirements imposed by virtue of paragraph (a) of subsection (1) it shall be a defence to prove (a) that the alleged offence was covered by a notice served under section 5 or a consent given under section 6; or (b) where the alleged offence was committed at a time when the premises were subjected to a notice under section 9, that the level of noise No. 18 268 NoiS~ Contrcl 1988 SURllll~ryPt'O ceedings by occupier of premIses emanating from the prec;ises at that time was not such ~ to constitute a contrav~ tion of the notice under section 9. (7) Where the Board is of the opinion that proceedings for an offence under subsectioo (4i would not afford an ad~uate remedy in the case of any noise which is a nuisance affecting ~y person, it may take proceedings in the High Cour·t +or the purpose of securing the abatE!llellt, pr·ohibi tion or restriction of the nuisance; but in any proceedings taken in pursuance of this subsection it shall be a defence to prove that ~e noise was author ised by a notice under section 5 or a consent under section 6. 4. (1) A Magistrate's Court Mayact un~r this section on a c()jllf'laint aade by any person III the ground that he is aggrieved by noise iIOUnti~ to a nuisance. (2) If the Kigistrate's Court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur, the court shall aake an order for ei ther or both of ttIe following purposes 269 ,18 Noise Control 1988 (a) re~ulrlng the defendant to abate the nuisance, within a time specified in the order, and to execute any works necessary for that purpose; (b) prohibiting a recurrence of the nuisance, and re~uirin9 the defendant, within a time specified in the order, to execute any WDt'k necessary to prevent the recurrence. (3i Proceedings under this section shall be brought against the person directly responsible for the nuisance or, if that pet'son cannot be found, against the owner or occupier of the pr'emises frOll which the noise is eIIitted or would be emitted. (4) A pet'son who without reasonable excuse contravenes any requirement of an order under subsection (2) commits an offence. (5) In pr-xeedings fat' an offence under this section in respect of noise caused in the COUt~e of a trade or business, it shall be a defence to prove that the best practicable means have been used for preventing, or for counter'acting the effect of the noise. (a) the erection, constructioo, al teration, repait' or main tenance of bui ldings, struc tures or roads; 270 No. 18 Noise Control Control of noise 5. il) This section applies to worksof on construction the following description, that is to say sites (b) breaking up, opening ~ boring under any road Ir adjacent land in connectim with the constructioo, inspect ion, maintenance ~ t~moval of works; (c) demol i tion or dredging workj and (d) any work of en9ineering coo· struction. (2) Where it appears to the Board that works to which this section applies are beins, Ir are goin9 to be, carried out on any premises, It may serve a notice imposing requirements as to the way in which the IiIOrks are to be carr-ied out ~ may publish notice of the requirements in such May as appears to it to be appropriate. 271 No. 18 Noise Control 1988 (3) The notice may in particular (ai specify the plant or machinery which IS or is not to be used; (b) specify the hours during which the works may be . carr-ied out; (t) specify the level of noise which may be emitted from the pl'emises in question or which may be so emitted during specified hours; and (d) provide for any change of circumstances. (4) In acting under this section the Board shalI have regard (a) to the need fat' ensuring that the best practicable means are employed to mini mise noise; (b) before specifying particular method or or machinery, to any plant the 272 No. 18 Noise Control 1988 desirability in the inte~t of any recipients of the notice in question of spec i fying other methods or plant or machinery which would be substantially as effective in miniAlisin9 noise and more acceptable to them; (c) to the need to protect any person in the local i ty in which the prellises in question are situated frol the effects of noise. (5) A notice under this section shall be served on the person Mho appears to the Board to be carrying out, or going to carry out, the Narks, and on such other persons appearing to the Board to be responsible for, or to have control over, the carrying out of the Narks. (6) A notice under this section ~y specify the time within which the notice is to be COIRp lied with, and llay require the execution of such Narks, and the taking of such other steps, as may be necessary for the purpose of the notice, or as aay be specified in the notice. 273 Noise Control 1988 ~rior consent , work on coos truction lites (7) A person who has been served a notice under this section may appeal against the notice to a Judge in Chambers within f~Jrteen days from the date of the service of the notice, but shall camp ly thet'ewith from the date of its receipt until disposal of the appeal. (8) A person on served under' this section reasonab le excuse con travenes the notice, commits an offence. whom a notice is and who without any r·ectuirementof 6. wod:.s to application section. (1) A person who intends to carry out which section 5 appiies shall make an to the Boar·d fat' consent under this (2) An application under this section shall cOhtain particulars of (a) the works, and the lethod by which they are to be carried out; and (b) the steps proposed to be taken to minimise noise resulting frolllthe wot'ks. 274 No. 18 Noise Control (3) I f the Board consider's that tne applicatiun contains sufficient infOt'mation fOt, UI! purpose and that, if the wOt'ks are carried out in accordance with the application, no actionable nuisance would arise Of' be occas ioned in resped of thuse wor'ks, the Board may gi VI? its consent to the applicatioA. (e) 1imi t the durat ion of a consent, (4) In acting under this section ine Board shall have regard to the cunsiderations set out in subset t ion (4) of sect ion 5 and shall have pow~r' to (a) attach such condi tions to a consent as may to it appear rsasonab le in all the c i rcuns tances ; and (b) 1imi t or qual ify a consent to allow for any chanse in circumstances; and (5) A person who knowingly carr-ies oot the works, or permi ts the wor'ks to be carried out, in contravention of any condition attached to a consent under' this sectiun, commits an offence. 275 lID. 18 NCJiseControl 1983 (6) applicant of twenty-eight appl icat ion. The Board shall infot'm the its decision on the applicatioll within days from the ('eceipt of the (7) Whet'e the Board 9i ves its consen t to the application it may publish notice af the consent, and of the works to which it t'elat~5, in the Gazette. (8) Whet'e (ai the Board does not gi ve a consent within the said period of fout'teen days; at' (bi the Board gives its consent within the said per-iod of +ourteen days but attaches any condition to the consent or limits or 9ualifies the consent in any way, the applicant may appeal to a Judge in Chambers with in fourteen days from the end of that period at' from the date of not ification of the Boat'd' s decision, but until the disposal of the appeal the applicant shall in law be deemed not to have recei ved the Board: s consent. No. 18 Restriction on operating loudspeaker in the street 276 Noise Control 1983 (9) In any proceedings +or an offence under subsection (Si of sect ion 5 it shall bea defence to prove that the alleged contrav~tion allOunted to the carrying out of the wOt'KSin accordance wi th the consen t given under this section. (10) A consent given under this section shall contain a statement to the effect that the consent does not of itsel f coosti tute any groundof defence against any proceedings inst ituted under section 4. (11) Where a consent has been given under this section and the works ar~ carried out by a person other than the app I i can t for the consent, it shall be the duty of the appI icant to take all reasonebls steps to bring the consent to the notice of that other pet'sonj and if he fails to comply with this subsection he commits an offence. 7. (ll Subject to the other provisions of this Act, a loudspeaker in a street or public place shall not be operated (a) between the hours of ten o'clock in the evening ~d seven o'clock in the foll~ ins morning; 277 18 Noise Control 1188 (b) at any time except between the hours of twelve noon and one o'clock in the after noon, and four o'clock in the afternoon and SIX o'clock in the same after noon for the purpose of advertising any entertain ment, m~eting, procession, trade or business. (2) A person who operates or pet'mits the operation of a loudspeaker in contravention of subsection (1) commits an offence. (3) Subsection (1) shall not app ly to the operation of a loudspeaker (a) for polic~, fire brigade or ambulance purposes, or by a statutory undar taking in the exercise of any of its functions; (b) for communicating with the persons on a vessel for th~ purpose of direct ing the movement of that or any other vesse1; (i) IS In or fixed to a veh i cl e, and is operated solely for the enter tainment of or for communicat ing with the driver or a pass~nger of the vehicle or, where the loudspeaker is or fot'ms part of the hON! of similar wdt'lling instrument of the vehicle, solely for giving warning to other tt'aff ie, and 278 No. 18 Noise Control (c) if the loudspeaker forts part of a public telephone system; (dl if the loudspeaker (i i) is so operated as not ~ give reasonab Ie cause fur annoyance to persons in the vicinity; (e) by a travelling showman00 land which is being u~ fur the purposes of a pleasure fair; 279 No. 18 Noise Control 1988 (f) during (i) the traditional Nine Mornings before Christ mas day celebrations, being the period between the 15th and 24th days of December inclusive of such days; (i i) the carnival period; except in an area designated a noise abatement zone; (9) in case of emergency. is being conveyance cOMmOdity conSUGlptiDll; used for the of a perishable for huaan and (4) Paragraph (b) of subsection (1) shall not apply to the operation of a loudspeaker between the hours of ten in the forenoon and seven in the evening on the sale day if the loudspeaker (a) is fixed to a vehicle which 280 (c) is so operated as not to give reasonable cause for annoyance to persons in the vicinity; or 1988No. 18 Noise Control (b) is operated solely for in forti ing lIHbers of the public (otherwise than by means of words) that the cOlllllOdity is on sale frotl the vehicle; and (d) is operated by auctioneer for conducting of a public auction. Designation B. (1) The P1inister lIc1yby order designab ot noise abate- any area or areas of Saint Vincent and the 61'e11i" lllent zone dines a noise abatement zone. (2) An order under this sectioo shall specify the classes of pre.ises to lIilich it applies. Reduction of noise levels 9. (1) If it appears to the BoardI after consultation with the P1inister 281 Nuis!?Control 1988 (a) that the level of noise emanating ft'om any premises to which a noise abatement order applies is not accept able having t'egard to the purposes fat' \~hich the order was made; and (b) that a reduction in that level IS pt'acticable at reasonable cost and would affurd a ~ublic benefit, the Board may serve a noise abatement notice on the person roesponsible. (2) The notice shall require that person (a) to reduce the level of noise emanating ft'om the pt'emises to such level as may be specified in the notice; (b) to pt'event any subsequent increase in the level of noise emanating from those premises without the consent of the Board; and (c) to take such steps as may sped fied in the notice achieve those purposes. 282 No. 18 Noise Control (3) A notice under this section (i this Act referred to as a "noise reduction notice'l shall speci fy a time, not being less than thl'el weeks from the date of service of the notice, within which the noise level is to be reduced to t~ specified level, and where the notice specified an1 steps necessary to achieve that purpose, a tit within which those steps shall be taken. (4) A noise reduct ion notice IaJ speci fy particular times, or particular days, durill! which the noise level is to be reduced, and"1 require the noise level to be reduced to differtilt levels for different times or days. (5) A person who is served with a noiSf reduction notice may, within fourteen days of date of service, appeal to a Judge in Chambers against the notice. (6) A person who without reasonable excuse contravenes a noise reduction notice cOtMlits an offence under this Act. 283 Noise Control 19BB (7) In proceedings for an offence under subsection (6) in respect of noise caused in the course of a trade or business, it is a defence to prove that the best practicable means had been used for preventing or for counteracting the effect of the noise. l1ise frDI plant 10. (1) Without prejudice to the generality ~6chinery of the powers conferred by section 25, the Minister may, after consultation with the Board, make regu lations (a) for requiring the use or in connection with any plant or machinery of devices or arrangements for reducing the noise caused by the plant or machinery; 1tI. 5 of 1955 (b) 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 within the meaning of the Factories Ordinance, 1955 by the use of plant or machinery in the factory; No. 18 Noise Control 1988 284 and regulations under this section may apply standards, spec.i ficat ions, descriptions or tests laid down in docuaents not for'ming part of the regulations. (2) The Minister may, before he makes t'egulations under this section, consul t persms (other than those si tting on the Board) whoappear to him to represent producers and users of plant and machinery with a view to ensuring that the regulations do not contain requirseents lIIhichwwld be illlpt'acticable or involve unreasonable expense. (3) Any pet'son who contravenes or causes or permi ts another person to contravffie regulations under this Act commits an offence; but in any proceedings for a contravention of regulations made in pursuance of paragraph (a) of subsection (1) it shall be a defence to prove that means IEre used for the purpose of reducing the noise in question which were not less effective f~ that purpose than the means required by the regula tions. (4) Nothing in this section or in regulations under this sectioo shall be construed as derogating frol any other provisions of this Act. , 18 Noise Control 1988 ealto Judge Chambers of ticefor .ilising ise 285 11. (1) Where any provISIon of this Act provides for an appeal to a Judge in Chambers the procedure shall be by way of originating summons for an Order, and the Rules of the Supreme Cour-t, 1970 shall apply to the proceedings. (2) The Judge may at any stase of the pt'oceedings and either on his own motion or on application by any party to an appeal, adjourn the hearing of the appeal or any part thereof to the open Cour·t if he thinks fit so to do. No appeal shall lie from the exercise of the Judge's discretion to adjourn or not to adjourn the proceedings into the open Court. 12. For the purpose of gIVIng guidance on appropriate methods (includinq the use of specified types of plant or machinery) for minimising noise, the Board may by order made after consultation with the Minister (a) prepare and approv~ and issue codes of practice as in its opinion are suitable for the purpose; and (b) appt'Dve such codes or prac tice issued or proposed to be issued otherwise than by the (b) persons livinS in the neighbour" 286 No. 18 Noise Control Board as in the oplnlOn the Board are sui table the purpose. Noise disturbing 13. (1) Subject to section church meetings shall operate or continue to opet'ate a loudspea etc. and or musical instrument in such a illanner that, neighbourhood reason of the level of noise emitted there r t'Ofll , i disturbs other residing hood. (a) persons participatins endeavour-ins to par-ticipa in a church me~tins or chu service or any other fundi being conducted in a cliut'dl Or' dny function of ral igious nature, whethet' not the pt't:!mises being u or sought to be used as church or for the r-elisi function on the occasioni question are noreally usually used as a church for religious functions; No. 18 287 Noise Control 1988 Noise near to hospital, school (2) A person who contravenes subsection (1) commits an offence under this Act. 14. (1) Subject to section 15, no person shall oper-ate a loudspeaker or musical instrument: (a) within the compound of, or near to, a hospital, health centre, clinic or any premises used either ord inar iIy or aceasiana11y as a day care centre for young children; (b) within the compound of, or neat' to, a school during school hours or the hours during which evening classes are held, in such a manner that the level of noise eIIitted from that loudspeaker or musical instrument disturbs any person in the hospital, health centre, clinic or day ~are centre, or disturbs the holdins of any class at the school, as the case may be. (2) A pet'sonMho contravenes subsection (1) commits an offence. No. 18 288 Noise Control 1988 Non-app 1icat ion of sections 13 and 14 Restriction on noise in a National Park Permission required in certain cases 15. The exceptions to subsection (1) of section 7 as are provided by paragraphs (a), (bl, (c), (d), (e) and (9) of subsection (3) of section 7 shall apply to sectiuns 13 and 14. 16. (1) No person shall operate a lood· speaker or musical instrument in a National Par~ unless with the written permission of an official havin9 respons ib il ity in that behalf. (2) A person who contravenes subsectioo (1) commits an offence. 17. (1) No loudspeaker or fIk.Isical instrutleOt shall be operated or used fat' the purpose of providing IlUsic in any public place or in an~ private pretlises in circumstances where such music is reasonably capable of disturbing any persoo occupying or residing in private premises (a) during the hours between six o'clock in the aftemooooo Fridays and s'ix o'clock in the afternoon on the foll~in9 Saturdays, or (b) bet\llt!efl t.a 0' c lock in the mornin9 on Sundays and midnight on the saM! SunddYs, or 289 I 18 Noise Control 1988 (c) between two o'clock in the morning and lidnight on Good Friday, unless written application for permission for the sale shall have been made to the Police by lodging the sale at the Police Station nearest to the proposed venue not later than ten clear days before the date on which it is proposed to operate the loudspeaker or musical instrument, and permission for the sale shall have b~l granted in writing by the Commissioner of Police; provided that the Coeissioner of Police shall respond to any such application within ninety-six hours of receiving the salle. (2) The Commissioner of Police may attach such conditions and restrictions to any pertlission granted by him in t-esponse to an application made to the Police pursuant to sub section (1) as may to him appear reasonable in all the circumstances. (3) Notwithstanding the proVISIonS of sections 3 and 4 of the Public Officers Protectior. Act, 1981, (as amended) any applicant who is aggrieved by any decision of the Commissioner of Police refusing permission or iiposing any condition which to the applicant appears unreasonable, may appeal therefrom within three days to the Judge in Chambers. No. 18 290 Noise Control HOUt'S of hold ing of meeting (4) The Judge sha 11 have JUns' diction, in respect of an appeal to him under section (3) or under any other provision of thi Act, to make any order (whether or not such order'is provided for in this Act) 01' to 9t'ant any t'elief t'emedy including an award of damages as ilIayappe to meet the ends of justice having t'egard to till letter and spirit of this Act. (5) A person who can travenes subsecti (1) or who fails to comply with any condi~i imposed by the Commissioner of Police pursuant subsection (2) commits an offence under this Act. (6) The exceptions set out in sections (3) and (4) of sectiun 7 shall apply this section. lB. (1) The operation of a luudspeaker the holding of any public or poli tical meeting shal terminate not later than 11 o'clock in the ~v~· except uuring a period of el~ctiuns when operation of a loudspeaker for the holding of political .eeting shall terminate not later thanI o'clock .idnight. (2) A person who contravenes section (1) Camillits an offence. No. 18 291 Noise Control 1988 l'lJdspeakers Cferated in ce halls etc. 19. (1) Subject to the other provrsions of this Act, whet~ a luudspeaker or musical instrument is opet'ated or used for the purpose of providing music for dancing or for other fores of ent~rtainment at any location (whether pri vate or public) si tuated within two hundred yards of any dwelling house, guest house or hotel, the operation of the loudspeaker or musical instrument shall be discontinued by not later- than 2 o'clock in the mot'ning except during the Carnival period and during the traditional Nine ~1ornin9s before Christmas Day as defined in section 7(3) (f) (i}, when the loudspeaker or musical instrument may be operated up to 7 o'clock in the morning. (2) A person who contravenes sub section (1) commits an offence. trol of noi se ~-O. (1) Wher-e any person In a neighbour by Police hood is disturbed by noise emitted frOll a loud speaker or musical instrument, the person affected may, either directly or thr~9~ the goad offices of an intermediary, bring the cOlplaint to the attentioo of the person lItto is believed to be responsible (within the leaning of this Act) for the noise, and shall request such person to reduce the noise to a reasonable level. If such person fails or neglects or refuses to cocflplyNith the rectuest for the reduction of the noise to a reasonable No. 18 Noise Control 19"08 292 leve 1, the person affected may therea+ter lodged complaint about the mattet' to the Pulice who, immediately upon recei ving such complaint, shaH inform the persun responsible for the noise of the complaint, and shall request that pet'son to reduce and maintain the level of the noise eni tted hom the loudspeaker or- musical instruaerrt to anti at a reasonable level, having t'egard to the circuli" stances. (2) If the per-son responsible fewthe noise fails to comply with a request hum the Police under subsection (1), or wher'e such ptir'stJll has complied for the time bei!19 wi th the r-e9Utist under subsection (1) but at any tillle thef-eafter resumesor causes or permi ts or suffer's to be re~uffi€dthe opet'ation of the loudspeaker or musical instrul1ll'!lt in a manner which again disturbs any person in the neighbourhood (whether such person is the Ot'iginal complainant or not) and another complaint is madeto the Police, the Police shall immediately visit the scene and shall undertake such investigations ~d inquiries as may appeat' appropt'iate. Uponbeing satisfied that there has been wilful non-compliM[e with the reques t by the Police made under subsection (1) , the Pol ice shall infOt'ffi the person responsible that a cOlllplaint will be aade against hilfl fOt' an offence under the relevant section of this Act ~d shall institute the said tomplaint. 293 Itl. 18 Noise Cuntrol 1988 (3; Whet'e the Police have informed the person responsible that a complaint will be made against hi. for an offence as provided for in subsection (2), a Police officer not below the rank of Set'geant lBdyenter any premises and take away as exhibits the loudspeaker and/or the musical instru ment or any of them which the said Police officer reasonably suspects to have been operated to produce the sounds which save· rise to the cumplaint, regardless of the ownership of such loudspeaket'or musical instrument. (4) The loudspeaker or musical instrument reffiOvedunder subsection (3) shall be kept in the custody of the Police until the hearing of the complaint (reasonable care being taken to keep the same safe and securer, and the Police shall produce the same to the Court as exhibits in the case. (5) Where any loudspeaker' or musical instrument has been taken into the possession of the Police under subsection (3), the Police shall ensure that the complaint is brought against the alleged offender within fourteen days of the date thereof. (6) The Magistrate hearin9 the complaint may, in addition to imposing any of the penalties provided for in section 21, make any of 294 No. 18 Noise Control the orders set out in subsection (7) hereof as may think fi t in respect of the loudspeakerII' musical instrusent (hereinafter referred to as I~ equipment!!) taken as exhibi ts under subsection (31, provided that if in the opinion of the Magistrate the equipment ought to be forfeited to the C~ ~ the nagistrate makes an order to that effect, an, persoo enti tIed to possession of the etjuip t ordered to he fodei ted, whether or not that pe was a party to the proceedings before the Magistt'ate, may within seven days of such order lodge an appeal to the Judge in Chambers against such order. (7) The orders referred to In sub section (6) are as follows: (a) that the equipment or anyof then. be returned forthwi th b, the Police to specified premises or to specified persons; (b) that the equipment or anyof them be detained in the custody of the Police fora specified period sub~u~t to the date of the order not exceeding three months in 295 No. 18 Noise Control 1988 respect of each offence, and that at the end of the specified period the equip ment thus detained be returned im~ediately ther"eafter by the Police to specified premises or to specified pet'sons; (c) that the equipment or any of them be forfeited to the Crown. (8) No liability shall arise on the pad uf the Police for any action taken, or in respect of any loud~peaker or lTIusit..alinstrum~nt remuved under subsa tion (3) or ordered to be detained under subsection (7). Penal ties 21. (1) A person who c~nmit5 an offence under this Act is liable on summary conviction (a) in the case of a first offence, to a fine not exceeding two hundred and fifty dollars; and (b) in the case of a second off~ce, to a fine of not less than tMO hundred and No. 18 Nois~ Control 1988 296 fi fty dollars and not exceed ing five hundred dollars, or to ilprisoolel1t for a term of si x IOOthsIr to both; and (c) in the case of a thi~ offence, to a fine of not less than five hundred dollars and not exceeding ooe thousand dollars, or to i~risonllent for a terti of twe1ve IIOOths or to both; and (d) in the case of a fourth Ir subsequent offence, to i~risonllef1t for not less than three ICIOths or than twelve IOOths. (2) It shall be lawful for a It1gis' trate in dealing with any cCllplaint under this rtt to order the production before hi. of l1y loudspeaker or IILIsical instru8ent in respect of which it has been alleged or proved that an offence has been (oui tted under this Act, and upoo Sid production the I1agistrate laY, upon the convictioo of any person, in addi tion to the penal ties provided No. 18 297 Noise Control 1988 Civi I proceedings In subsection (1), make an order- under section 20 (7) in rel at ion to such loudspeaker or music.al instrument notwithstanding the circumstance that such loudspeaker or music.al instrument had not been detained ~y the PoliLe pursuant to section 20 (3). (3) The powt't'S conferred on the tiagis tr·ate by subsection (2i may be exercised by him either on his own motion or on the application of a party to the proceedings. (4) The provisions of section 20 (6) reldting to appeals to the Judge in Chambers shall apply to any decision by the Ma9istrate in t~pect of fodei ture pursuant to th~ powers conferred upon him by subsection (2) hereof. 22. (1) Nothing contained in this Act shall be held to affect the right of any person to institute or pursue civil proceedings in the High Court or in the I1agistrate's Court (inc:luding but not limited to actions for daaage5 for nuisance) against any person or authority in respect of any c.OdIfllaint or grievance involving noise Dr vibr~tion, and such civil proceedings aay be prosecuted in respect of acts and OIIissions ~ich constituted the subject IIIdtter of cOIIplaints under this Act; provided that in aaking any aMard Dr order in such No. 18 298 Noise Control Inconsistency Appeals to Court of Appeal civil proceedings as last mentioned, the relev cour-t iIlay take into account the resul ts of any pri proceedings under this Act. (2) On the conviction of any person' respect of any complaint under this Act Magistrate, in addition to imposing the pellalti prescribed under this Act, may award damag~ costs (subject to the maximumamounts prescrib~ the enactments govern ing the mOfletat'y juri sdidi of Magistrate's CLlUrtS genet'allyl payable by pet'son or persons convicted of an offence under thi Act, and payable to the person or per-sons found the ~la9istrate to have been adversely affec (whether mater'ially, physically, pSYlhologically otherwise) by the act or oni ss ion on Nhich conviction was based. 23. Subject to section 25 and e>:cept as i otherwise provided in this Act, wh~r~ thef'~ octu any iucons istency betw~en the provi s ions of this rc: and the pt'Ovisiuns of any other enactment or ill subs idiary legislation made under' any enactllient, t provisions of this Act, to the extent of inconsistency, shall prevail. 24. (1) Subject to the provisions he providing for appeals in certain cases to the Judge in Dlambers, there shall be preserved to all parties (both prosecution and defence) the right to lb. 18 299 Noise Control 1988 Noo-derogation from other legislation appeal to the Court of Appeal frOlld&isions of a Magistrate or the High Court in accordance with all enactsents regulating appeals fr-om Ma9istrate's Courts and from the High Court to the Court of Appeal. (2) An appeal shall lie to the Court of Appeal with the leave of the High C~urt from decisions of the High .Courtmade on appeal tt'omthe Magistrate's Court and from the decisions of the Commissioner of Police. 25. The provisions of sections 3, 5, 6, 8, 9, and 10 shall be supplementary to and not in deroga tion of the provisions of all enactments (including regulations made under such enact~nts) now in force in respect of the regulation of town and country planning, and where a power or authority is exercisable under this Act and a similar power or authority is exercisable under any other enactment as aforesaid, whether or not in relation to the same person ~o is likely to be affected by the exercise of the power or authority, that power or authority may be exercised pursuant to either or both, whether simultaneously or successively, as the person exercisin9 the same may dee. fit: Nu. 18 300 Nuise Control 1988 Excessive noise always object ionable and always actionable Test of reasonableness Provided that a court may, at any stage in ~1 proceedings before it, take cognisance of the exercise of that power or authority (and the kn consequences thereof) and may adjudicate uponthe matter then before it, in the light of those kntlll consetluenCe5. 26. Every person in Saint Vincent andt!'f Grenadines shall observe the basic principle that the making or continuance of excessive noise shall be deemed to be against the public interest I)j shall be actionable under this Act or otherwise, I)j the granting of permission to any person under t~15 Act to operate a loudspeaker or a musical instrull!1t shall not be deemed to consti tute any authorisatilll to such person to cr-eate or maintain a sisni ficantlr hi9her voluse of sound than is reasonably necessary to satisfy the primary pUt~ose for which loudspeaker or musical instrument is being operated. 27. (1) A court in decidin9 the questill of reasonableness as under this Act, shall u~~ objective test of ordinary standards and ordillarJ sensitivities, and shall attach to purely pe~ sensitivities and idiosyncracies only such weightas to the court might seem meet to prevent injustice. 30] No. 18 tt:liseControl 1988 (2) A court in deciding any mattet' which falls to be decided, whether originally or on appeal, shall endeavour to balance the personal rights and interests of individuals as against the rights and interests of the community as a whole, and shall endeavour to take into account the following factors (among other'S) Ca)" the desirabiI ity for cul tural and social development; (b the desirability of the pursui t of just economic rewards for labour; (c) the traditions and norms of particular localities and of the society a~ a whole; Cd) the sanctity of religious worship, teaching, practice and observance; ee) the rights of privacy of fc1lily life; (f) the rights of the disabled, the aged, the young, and the sick; No. 18 302 Noise Control 1988 Regulations Schedule (g) the necess i ty for orderlJ progress invol ving changill! values and Ii +e-styles, but preserving the fundamental prine ip le of respect for the rights of others. 28. The Minister lIay frOAl time to time we regulations generally for cart'ying out the purposes of this Act and for providing for sueh mattersas are contemplated by or necessary for Sivin9 full eff~ct to this Act and for its due administratioo. 29. The fOrlll set out in the Schedule hereto may be used in connect ion with app lieations pursuant to sections 7 and 17.