Residents in rural areas, particularly those in Gozo, who have to put up with annoying bangs made by gas guns used in vineyards to scare away birds, cannot claim legal protection, The Malta Independent on Sunday has learnt.
Over the past two to three years, an importer from Kercem has been selling propane gas guns that produce periodic loud explosions. The guns are strategically placed in vineyards to chase away birds, which would otherwise feast on the ripe grapes.
However, the bangs are loud enough to disturb and irritate residents, which make the wine producers’ methods ecologically unfriendly.
An annoyed Kercem resident who spoke to this newspaper had filed a report against one particular vineyard owner, Francis Tabone, who was using scare guns that were being fired as frequently as three to four times every minute between 6.45am and 9pm.
The resident said the frequency of the shots has been reduced from two to three times per minute, but the practice is still unregulated and residents are given no legal protection whatsoever.
Mr Tabone was taken to court, accused of breaching the peace and causing a disturbance to the
concerned resident.
He was found guilty of the first charge and fined just Lm20 (EUR46.59) but was cleared of the second, since the court ruled that this charge had not been proven.
However, the judgement was revoked on appeal. The Court of Criminal Appeal, presided over by Chief Justice Vincent De Gaetano, ruled that certain noises such as bangs caused by scare guns could not be considered a breach of the peace as such.
Mr Tabone was therefore acquitted of the charges and was given the court’s blessing to carry on with his ecologically unfriendly practices.
Although scare guns have been in use for at least two years, no legal document has been drafted to regulate their use.
Exactly two years ago, Alternattiva Demokratika’s Gozo regional committee had issued a statement regarding noise pollution caused by the scare guns.
Back then, AD members of the regional committee had been contacted by several residents who insisted that something had to be done about the non-stop explosions.
“The bird control device is shattering the peace one expects to enjoy in the countryside,” the statement said, adding that a few sensible farmers had resorted to alternative bird control measures such as nets placed over the vines.
It is becoming increasingly common for a number of State and local governments worldwide to place restrictions on the noise output and frequent use of gas guns, as well as the hours during which they can be operated.
According to a policy for control of noise from scare guns issued by the council of Alpine Shire (northeast of Victoria, Australia): “Birds which attack fruit and crops can cause significant losses to a producer. A scare gun, if used correctly, does offer some protection against this problem.
“However, the noise which frightens the birds can also cause significant annoyance to neighbours living in the area. As a consequence, when scare guns are used, there needs to be a balance set between the producer’s need and rights of residents”.
The same policy specifies that a triple shotgun should be limited to a maximum of 162 shots per day, a double shotgun to 108 shots and a single shotgun to 54 shots. Compare these figures with those of Gozo, where about 2,000 shots a day are being fired in certain areas.
Towards the end of the 20th century, propane gas guns became the most popular method used by farmers worldwide to scare birds away from their crops. The guns produce periodic audible bangs that reach volumes in excess of 150 decibels near the gun.
The on-line consumer health information providers, Better Health Channel (BHC), claim that sensitivity to noise differs from one individual to the next, but experts believe that damage to hearing occurs when noise levels are higher than 85 decibels, which is about the loudness of heavy traffic.