LEGAL (NON) ENFORCEABILITY OF PROTECTION FROM NOISE EMANATING FROM PUBLIC PRODUCTION OF MUSIC OPERATED OUTDOORS IN THE CZECH REPUBLIC

References: 17th International Multidisciplinary Scientific GeoConference SGEM 2017, www.sgem.org, SGEM2017 Conference Proceedings, ISBN 978-619-7408-11-9 / ISSN 1314-2704, 29 June - 5 July, 2017, Vol. 17, Issue 54, 343-350 pp, DOI: 10.5593/sgem2017/54/S23.044

ABSTRACT

The current legislation of the CR does not consider as noise, inter alia, the sound from production of music operated outdoors. Production of music outdoors mainly includes concerts, discotheques; "majáles" spring student festivals, pilgrimages, open-air markets, various celebrations, Advent concerts, music played during sporting and cultural events, etc. (also including certain daily or frequently repeated cases of such production). The enforceability of protection against such noise pollution is becoming highly problematic (Compare MOTEJL, Otakar and coll. Hluková zátěž, 2010). The legal issue of protection from noise is mainly regulated by Act No. 258/2000 Coll., on public health protection, as amended, implementing Government Regulation No. 272/2011 Coll., on protection of health from adverse effects of noise and vibrations, as amended and in the framework of legal regulation of generally binding ordinances, chiefly Act No. 128/2000 Coll., on municipalities, as amended. In terms of protection from noise pollution emanating from production of music operated outdoors, Act No. 267/2015 Coll., effective 01 December 2015, amending and supplementing the Public Health Act, introduced certain changes over the previous legal regulation. By this amendment, all forms of producing music operated outdoors were removed from the conceptual definition of noise, thus also from the oversight powers of public health protection agencies. Of course, questions remain as to whether or not this amendment to the Public Healt Act is truly projected into effective public health protection, and if with this new concept, it contradicts the Public Health Act. In keeping with the provisions of Sec 1 of the PHA, this act should, inter alia, serve to protect and support public health and to assess and decrease noise.

Keywords: noise, legislation, enforcement, public health, control mechanism