Legislation by country
In Bolivia, its regulations have been based on the statutes of international organizations, including provisions for the defense and preservation of resources. In 1992, General Environmental Law 1333 was enacted, a modern regulation that includes the EIA with provisions for the defense and preservation of natural resources.
In relation to the control of environmental noise, in Chile, progress has been made by regulating fixed sources such as industries, workshops, bars, etc., with Supreme Decree No. 146 of 1997 of the Ministry of the General Secretariat of the Presidency and the noisiest mobile sources, such as public transportation buses, with Supreme Decree No. 129 of 2002 of the Ministry of Transport and Telecommunications. Furthermore, on September 15, 1999, the regulation on basic sanitary and environmental conditions in workplaces was approved, which in Title IV, Paragraph III, Articles 70 to 82, regulates exposure to noise at work.
In Ecuador, no specific regulations have been determined for noise pollution. In some general environmental protection decrees, small references have been made to this type of pollution.
In the city of Quito, metropolitan ordinance 123 was issued on July 5, 2004 called The ordinance for the prevention and control of noise pollution, replacing chapter II for noise control, of title V of the second book of the code.
• - Directive 2003/10/EC of the European Parliament and of the Council, of February 6, 2003, on minimum health and safety provisions relating to the exposure of workers to risks derived from physical agents (noise).[4].
• - Law 37/2003, of November 17, on Noise.[5].
• - Royal Decree 1367/2007, of October 19, which implements Law 37/2003, of November 17, on Noise, in relation to acoustic zoning, quality objectives and acoustic emissions.
• - Royal Decree 1513/2005, of December 16, which implements Law 37/2003, of November 17, on Noise, regarding the evaluation and management of environmental noise.
• - Royal Decree 286/2006, of March 12, on the protection of the health and safety of workers against risks related to exposure to noise.[6].
At autonomous level we can highlight:
In Andalusia, Decree 6/2012, of January 17, which approves the Regulation for Protection against Noise Pollution in Andalusia, and modifies Decree 357/2010, of August 3, which approves the Regulation for the Protection of the Quality of the Night Sky against light pollution and the establishment of energy saving and efficiency measures.
Noise in cities is a problem that is addressed from many different positions in Spain. More than a health issue, it is often treated as a political and even ethical problem. Numerous surveys and expert reports[7] point out the noise from leisure activities (street music, concerts, drinking parties), and not other noises, as one of the main causes of noise pollution.
Loud music, drinking or pubs and discos bring together the greatest number of criticisms from citizens and politicians in Spanish urban centers, as the cause of the noise that prevents people from leading a healthier life.[8] In this sense, the head of the Geographic Information Service of the Institute of Cartography of Andalusia, Antonio Fajardo de la Fuente, blamed the young people who did drinking in an article in the magazine Amigos de los Museos. and motorcycles with free exhaust, from the excessive noise pollution that existed in the Sevillian municipality of Osuna.[9].
However, there are studies that show that there are other elements that can generate more noise than bars, party venues, street gatherings, etc. In this way, cars and motorcycles cause 47% of the noise generated in Spanish cities, compared to only 6% generated by pedestrians or 2.2% produced by dogs.[10].
Other studies conclude that construction site drillers or airplanes flying over buildings generate up to 130 decibels (dB) (the pain threshold is 140 according to the WHO), while the noise from nightclubs is 110 dB and that of a conversation on the street is 50 dB on average.[11].
With this, it is concluded that, despite the widespread thought in many layers of the population, not all young people or leisure activities are the main causes of noise pollution in Spanish cities. Despite this, regulations and laws strive to limit noise in these areas rather than in other noisier ones.[12].
In 1976 Venezuela established the Organic Law of the Environment which promulgates the guiding principles for the conservation, defense and improvement of the environment to benefit the quality of life. In article 88 of this law, the penalty of arrest is imposed "on those who, within national parks, national monuments, reserves or wildlife refuges: Inc. 2: Use radio receivers, phonographs or any instrument that produces noise that, due to its intensity, frequency or duration, is capable of causing damage or disturbing the calm and tranquility of those places. Inc. 10: Consciously disturbing animals through screams, noises, stone projections, caused landslides or any other another medium". Article 101 establishes that whoever, contravening the legal provisions issued by the competent authority, produces or allows the production of noises that, due to intensity, frequency or duration, are capable of causing harm or discomfort to people, will be punished with arrest of 15 to 30 years and a fine of 15 to 30 days of minimum wage. If the noise is produced in areas or under conditions capable of increasing the damage and discomfort of people, the penalty will be increased by double.
Bolivia, Colombia, Peru, Ecuador and Venezuela signed the Barahona Act Agreement in Cartagena de Indias on December 5, 1991, creating an Andean Environmental Committee based on the first meeting of national environmental activities held in Caracas in August 1991. Its objective was to centralize efforts on environmental conservation and pollution reduction at the regional, national and municipal level in the area, although to date, according to diplomatic reports, it has not been put into practice.