Nuisance regulated by other laws
3 Nuisance regulated by other laws
Environmental nuisance caused by any of the following—
an act or omission that is a contravention of a local law;
an act done, or omission made, under an authority given under a local law;
noise to which the Police Powers and Responsibilities Act 2000, chapter 19, part 3 applies;
an emission of a contaminant at a workplace, within the meaning given by the Work Health and Safety Act 2011, section 8, that does not extend beyond the workplace;
a public health risk within the meaning given by the Public Health Act 2005, section 11;
development carried out under any of the following approvals or certificates, if the approval or certificate authorises the environmental nuisance—
a development approval;
a PDA development approval under the Economic Development Act 2012;
an exemption certificate under the Planning Act;
a PDA exemption certificate under the Economic Development Act 2012;
development carried out, or the use of premises, under a designation made under the Planning Act by the Minister who administers chapter 2, part 5 of that Act, to the extent the environmental nuisance, or an activity that causes the environmental nuisance, is regulated by a requirement of the designation;
the use, for a fireworks display, of explosives within the meaning given by the Explosives Act 1999;
smoking within the meaning given by the Tobacco and Other Smoking Products Act 1998;
noise from a special event prescribed under a regulation for the Major Sports Facilities Act 2001, section 30A that complies with any conditions prescribed under the regulation, for the use of the facility where the event takes place, about noise levels for the event;
an act done or omission made under an approved compliance management plan under the Transport Infrastructure Act 1994, section 477G.
Notes—
1 See the Economic Development Act 2012, section 54(7) in relation to by-laws made under that Act that are taken, for paragraphs (a) and (b), to be local laws.
2 See also the Major Events Act 2014, section 79 for an exemption from this Act for light and noise.
sch 1 s 3 ins 2008 No. 52 s 66 (amd 2008 No. 65 s 9)
This provision refers to the regulations (a regulation
, prescribed under the regulation
). Made under this Act:
- Environmental Protection (Air) Policy 2019 · Regulation
- Environmental Protection (Noise) Policy 2019 · Regulation
- Environmental Protection (Water and Wetland Biodiversity) Policy 2019 · Regulation
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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