Attorney General and Minister of Legal Affairs Anil Nandlall on Tuesday hinted at increasing the penalties for noise nuisance following complaints from several citizens.
He noted that despite this being a criminal offence under the Summary Jurisdiction Offences Act and Environment Protection regulations with accompanying fines and jail time, people continue to play loud music, affecting others.
“If it is that we have to increase the penalties as we plan to do with many traffic offences, we will do that in relation to noise nuisance,” he said during his weekly programme ‘Issues in the News’ on Tuesday evening.
“While you can make noise, and while you can play loud music, you cannot play it so loud that it would constitute a nuisance to your neighbour because in the same way that you have a right to listen to your music and enjoy it, the neighbour has a right to not hear it and to the peaceful and quiet enjoyment to his/her home,” the AG added.
According to the Environmental Protection Act, noise nuisance means any unwanted sound including vibration that annoys, disturbs or perturbs normal persons with reasonable sensitivities: or any unwanted sound which reasonably may be perceived to injure or endanger the comfort, repose, health, peace or safety of any humans or animals, or endangers or injures movable or immovable property.
Fines range from $300,000 to $750,000 and imprisonment for a month for those found liable on a summary conviction. Under the Environmental protection regulations, fines range from $75,000 to $500,000 and imprisonment for 6 months.
Nandlall said a meeting was already conducted with Minister of Home Affairs, Robeson Benn to revise the applicable laws where required.
He pointed out that infractions also apply to vehicles which are playing loud music. “Those who are in those vehicles are deaf…no person whose hearing in intact can be listening to music, or listening to anything at that level,” Nandlall contended.
The police have the power to seize the “noise making instruments” which in the law, can be loudspeakers including a megaphone or any device used to amplify sound.
Several campaigns were hosted in the past to seize those instruments and the AG pointed out that those campaigns will recommence.
“…perhaps it’s a draconian thing to do but we have to start these campaigns all over again,” he said.
