Environment Protection Regulation 2005

This regulation is the Environment Protection Regulation 2005.

in any other case in which noise is emitted from a place in the city centre entertainment precinct—

if the place is on land in the Central National Area (City Hill Precinct) within zone B4—schedule 2, table 2.2, column 3 or column 4 (whichever applies) as if the place was on land within zone B2; or

if the place is anywhere else in zones B3 or B4—schedule 2, table 2.2A, column 3 or column 4 (whichever applies) as if the place was on land within zone B1;

for zone C1—schedule 2, table 2.2B, column 3 or column 4 (whichever applies).

However—

if the compliance point for noise emitted from a unit is a point in any of the other units in the units plan, the noise standard for the unit is 5dB below the noise standard that would otherwise apply; and

if the compliance point for noise emitted from premises (the 1st premises) on a territory lease with a common wall with premises on another territory lease (the 2nd premises) is a point in the 2nd premises, the noise standard for the 1st premises is 5dB below the noise standard that would otherwise apply; and

the noise standard on the boundary between 2 or more noise zones is the average of the noise standards for the noise zones for the time when the noise is emitted, rounded up to the nearest dB.

In this section:

Central National Area (City Hill Precinct)—see schedule 2, section 2.1.

dwelling—see the Planning (General) Regulation 2023, section 6.

entertainment noise means noise generated for entertainment purposes.

Examples

1 amplified music

Note Making noise will only cause environmental harm in an affected place if the noise level is louder than the noise standard for the compliance point for the place from which it is emitted (see s 25). Also, the noise standard for the point may be different at different times of day (see sch 2, part 2.2).

A person commits an offence if—

the person is an occupier of a place in the ACT; and

noise is emitted from a thing in the place; and

the noise causes environmental harm in an affected place.

Maximum penalty: 10 penalty units.

Examples of things that emit noise

1 a swimming pool or spa pump

2 an air conditioner

3 a building intruder alarm

4 a motor vehicle intruder alarm

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Emissions into the air

Division 2.1 Application of pt 2

Note 1 The Act does not apply to a pollutant emitted into the air by—

a light rail vehicle or other train; or

a Commonwealth jurisdiction aircraft; or

a person using only the person’s body; or

an animal; or

a motor vehicle being driven on a road, unless it—

is being driven on the road to conduct reliability trials or speed tests; and

has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests (see Act, s 8 (1)).

Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

This part does not apply to the lighting or smoking of a cigar, cigarette or pipe.

Division 2.2 Chimney emissions causing environmental harm

In this division:

national emission guidelines means the guidelines called the ‘National guidelines for control of emission of air pollutants from new stationary sources 1985’ published by the Australian Environment Council and the National Health and Medical Research Council, as in force immediately before it was rescinded.

This section applies to a pollutant mentioned in the national emission guidelines, table 1 or table 2 that is emitted into the air through a chimney.

The pollutant is taken to cause environmental harm if the amount of the pollutant emitted into the air from a source stated in the guidelines for the pollutant is more than the standard stated in the guidelines for the source.

Subsection (2) does not apply if the pollutant is emitted in the circumstances mentioned in schedule 1, part 1.1 (Chimney emissions), column 2 in accordance with the conditions (if any) mentioned in schedule 1, part 1.1, column 3 for the activity.

Division 2.3 Open-air fires

A person commits an offence if the person lights, uses or maintains a fire in the open air.

Maximum penalty: 5 penalty units.

Note The Emergencies Act 2004 contains an offence about lighting etc fire during total fire ban (see s 116).

Subsection (1) does not apply to the person if the person lights, uses or maintains the fire for an activity mentioned in schedule 1, part 1.2 (Open-air fires), column 2 in accordance with the conditions (if any) mentioned in schedule 1, part 1.2, column 3 for the activity.

Note The defendant has the evidential burden of establishing the matters mentioned in s (2) (see Criminal Code, s 58).

Subsection (1) does not apply to a fire to which the Act, schedule 1, section 1.2, table, item 28 relates.

Note Item 28 relates to burning plant matter to reduce a fire hazard, to clear land or to conserve biological diversity or ecological integrity. For offences in relation to these activities, see the Act, pt 8 (Environmental authorisations).

An offence against this section is a strict liability offence.

Division 2.4 Burning, fires and firewood

A person commits an offence if the person—

burns 1 or more of the following substances:

a synthetic plastic or other synthetic polymer;

wood that—

is painted, chemically treated or contaminated with a chemical; and

has not been approved for sale or supply by the authority and chief health officer;

a chemical other than a chemical recommended by the manufacturer as fuel for a fire; and

either—

does not have an environmental authorisation for burning the substance; or

has an environmental authorisation for burning the substance, but the burning is not in accordance with the authorisation.

Maximum penalty: 10 penalty units.

Note Environmental authorisations are dealt with in the Act, pt 8.

Subsection (1) does not apply to anything required to be done under the Biosecurity Act 2023.

A person commits an offence if the person—

burns 1 or more of the following substances:

waste;

unseasoned wood; and

either—

does not have an environmental authorisation for burning the substance; or

has an environmental authorisation for burning the substance, but the burning is not in accordance with the authorisation.

Maximum penalty: 10 penalty units.

Subsection (3) does not apply—

to burning paper or cardboard for the purpose of starting a fire; or

to anything required to be done under the Biosecurity Act 2023; or

in relation to the burning of waste on land in an area that is not in the built-up area by a person who is ordinarily resident on the land if—

the waste is waste as a result of the person being the resident of the land; and

the burning happens on that land.

An offence against this section is a strict liability offence.

This section applies if the Minister is satisfied that the existing or forecasted weather conditions mean a fire would—

cause excessive environmental harm; or

unnecessarily increase pollutants in the air.

The Minister may, in writing, declare that the lighting, using or maintaining of a fire in the open air is prohibited for the period stated in the declaration.

A declaration may be expressed to apply to all or part of the ACT.

The declaration must be—

notified in a public notice; or

broadcast in the ACT by a national or commercial broadcasting service.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

A person commits an offence if the person contravenes a declaration.

Maximum penalty: 10 penalty units.

Subsection (5) does not apply if the person had a reasonable excuse.

This section does not apply to a fire only for cooking or heating food or drink.

An offence against this section is a strict liability offence.

A person commits an offence if the person lights, uses or maintains a fire in a place other than in the open air.

Maximum penalty: 5 penalty units.

Subsection (1) does not apply if—

the person takes all steps that are practicable and reasonable to prevent any environmental harm caused, or likely to be caused, by the emission of pollutants into the air from the fire; or

if prevention is not reasonably practicable—the person takes all steps that are practicable and reasonable to minimise any environmental harm caused, or likely to be caused, by the emission of pollutants into the air from the fire.

An offence against this section is a strict liability offence.

A pollutant being emitted into the air from a fire is not taken to cause environmental harm unless burning the substance burned in the fire, or the lighting, using or maintaining of the fire, is an offence against any of the following sections:

section 9 (Open-air fires prohibited except in certain circumstances);

section 10 (Burning certain substances requires environmental authorisation);

section 11 (Fire bans in bad weather);

section 12 (Indoor fires prohibited unless harm minimised).