1Short title
This policy may be cited as the Environmental Protection (Noise) Policy 2019.
Bills and explanatory notes from legislation.qld.gov.au; explanatory and second reading speeches from the Queensland Parliament Record of Proceedings. Links open the official source in a new tab.
Legislative history (legislation.qld.gov.au)This policy may be cited as the Environmental Protection (Noise) Policy 2019.
This policy commences on 1 September 2019.
The dictionary in schedule 2 defines particular words used in this policy.
This policy applies to the acoustic environment.
The purpose of this policy is to achieve the object of the Act in relation to the acoustic environment.
The purpose is achieved by—
identifying and declaring the environmental values of the acoustic environment; and
stating acoustic quality objectives that are directed at enhancing or protecting the environmental values; and
providing a framework for making consistent, equitable and informed decisions that relate to the acoustic environment.
The environmental values to be enhanced or protected under this policy are—
the qualities of the acoustic environment that are conducive to protecting the health and biodiversity of ecosystems; and
the qualities of the acoustic environment that are conducive to human health and wellbeing, including by ensuring a suitable acoustic environment for individuals to do any of the following—
sleep;
study or learn;
be involved in recreation, including relaxation and conversation; and
the qualities of the acoustic environment that are conducive to protecting the amenity of the community.
This section and schedule 1 state the acoustic quality objectives to be achieved and maintained under this policy.
For a sensitive receptor stated in schedule 1, column 1, the value stated in schedule 1, column 3 is the acoustic quality objective for the time of day mentioned in schedule 1, column 2 for the sensitive receptor.
The environmental value to be enhanced or protected by the acoustic quality objective is stated in schedule 1, column 4 for the sensitive receptor.
An acoustic quality objective stated in schedule 1 is expressed as a measurement of an acoustic descriptor.
If it is reasonable in the circumstances, an acoustic quality objective may be progressively achieved and maintained as part of achieving the object of this policy over the long term.
This section does not apply to a noise—
mentioned in schedule 1, part 1, section 1 of the Act; or
experienced within a residence or a workplace if the noise is made within the residence or workplace.
In this section—
acoustic descriptor means any of the following measures—
• LAeq,adj,1hr;
• LA10,adj,1hr;
• LA1,adj,1hr.
workplace see the Work Health and Safety Act 2011, section 8.
This section states the management hierarchy for an activity involving noise that affects, or may affect, an environmental value to be enhanced or protected under this policy.
Note—
See section 35 of the Environmental Protection Regulation 2019.
To the extent it is reasonable to do so, noise must be dealt with in the following order of preference—
firstly—avoid the noise;Example for paragraph (a)—
locating an industrial activity in an area that is not near a sensitive receptor
secondly—minimise the noise, in the following order—
firstly—orientate an activity to minimise the noise;Example for subparagraph (i)—
facing a part of an activity that makes noise away from a sensitive receptor
secondly—use best available technology to minimise the noise;
thirdly—manage the noise.Example for paragraph (c)—
using heavy machinery only during business hours
This section states the management intent for an activity involving noise that affects, or may affect, an environmental value to be enhanced or protected under this policy.
Note—
See section 35 of the Environmental Protection Regulation 2019.
To the extent it is reasonable to do so, noise must be dealt with in a way that ensures—
the noise does not have any adverse effect, or potential adverse effect, on an environmental value under this policy; and
background creep in an area or place is prevented or minimised.
Despite subsection (2)(b), if the acoustic quality objectives for an area or place are not being achieved or maintained, the noise experienced in the area or place must, to the extent it is reasonable to do so, be dealt with in a way that progressively improves the acoustic environment of the area or place.
In this section—
background creep, for noise in an area or place, means a gradual increase in the total amount of background noise in the area or place as measured under the document called the ‘Noise measurement manual’ published on the department’s website.
The Environmental Protection (Noise) Policy 2008, SL No. 442 is repealed.
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