Environmental Protection (Noise) Regulations 1997

In this regulation —

airblast level means a noise level resulting from blasting;

blaster, in relation to blasting on any premises or public place, means —

in the case of premises — the occupier of the premises; or

in the case of a public place — the person who under regulation 6(1)(b) is to be treated as the occupier of the public place;

building has the meaning given in regulation 8(1);

L_{Z peak} means the peak sound pressure level in decibels (dB) obtained using the “Z” frequency weighting characteristic as specified in AS IEC 61672.1‑2004 Electroacoustics‑Sound level meters Part 1: Specifications, with sound measuring equipment that complies with the requirements of Schedule 4;

sensitive site, in relation to noise sensitive premises, means —

a building, or a part of a building, on the premises that is used for a noise sensitive purpose; or

any other location on the premises within 30 m of that building or that part of the building.

For the purposes of paragraph (a) of the definition of sensitive site in subregulation (1), a building, or a part of a building, that is inhabited in contravention of the Health (Miscellaneous Provisions) Act 1911 section 136 or 144, or any other enactment relating to the use of buildings for human habitation, is taken not to be used for a noise sensitive purpose.

The provisions of this regulation have effect in relation to airblast levels in place of regulation 7.

Subject to subregulation (5), no airblast level resulting from blasting on any premises or public place, when received at any other premises between 0700 hours and 1800 hours on any day, may exceed —

for an airblast level received at noise sensitive premises —

when received at a sensitive site — 120 dB L_{Z peak}; or

when received at a location other than a sensitive site — 125 dB L_{Z peak};

or

for an airblast level received at any other premises — 125 dB L_{Z peak}.

The levels specified in subregulation (4) do not apply in respect of an airblast level when received at premises, or a part of premises, on which the blaster believes on reasonable grounds no person is present at the time of the blast.

Despite subregulation (4), airblast levels for 9 in any 10 consecutive blasts (regardless of the interval between each blast), when received at any other single premises between 0700 hours and 1800 hours on any day, must not exceed —

for airblast levels received at noise sensitive premises —

when received at a sensitive site — 115 dB L_{Z peak}; or

when received at a location other than a sensitive site — 120 dB L_{Z peak};

or

for airblast levels received at any other premises — 120 dB L_{Z peak}.

For the purposes of subregulation (6), an airblast level for a blast that would, but for this subregulation, exceed a level specified in subregulation (6)(a)(i) or (ii) or (b) is taken not to exceed that level when received at premises, or a part of premises, on which the blaster believes on reasonable grounds no person is present at the time of the blast.

Subject to subregulation (9), no airblast level resulting from blasting on any premises or public place, when received at other premises outside the periods between 0700 hours and 1800 hours on any day, may exceed 90 dB L_{Z peak} except where that blasting is carried out —

as part of surface mining operations for the purposes of removing obstructions in crushers, or making workings safe, or for firing misfired holes; and

with the consent in each case of the mine operator.

The level specified in subregulation (8) does not apply in respect of an airblast level when received at premises, or a part of premises, on which the blaster believes on reasonable grounds no person is present at the time of the blast.

Where blasting is carried out as described in subregulation (8)(a) and (b) outside the periods between 0700 hours and 1800 hours on any day —

the blasting is taken to be carried out between 0700 hours and 1800 hours; and

subregulations (4), (5), (6) and (7) apply accordingly.

For the purposes of this regulation, an airblast level may be determined by —

measurement at its point of reception when, to the extent practicable, other noises that would contribute to the measured airblast level are not present; or

calculation of the airblast level at its point of reception based on measurement of the airblast level at a reference point determined by the inspector or authorised person to be a point where the relationship between the airblast level as measured at the reference point and at the point of reception can be established.

[Regulation 11 inserted: Gazette 5 Dec 2013 p. 5659‑63; amended: Gazette 10 Jan 2017 p. 196; SL 2022/25 r. 6.]

12. Rural premises

In this regulation —

farming vehicle means a motor vehicle which is used for, or in association with, soil preparation and cultivation, land drainage and water management, crop seeding and planting, crop spraying and fertilisation, pest management, produce harvesting or stock management.

This regulation does not apply to noise emitted from a farming vehicle —

on premises used for intensive animal husbandry, poultry farming or dog kennels; or

used for pumping water for crop or pasture irrigation, stock watering or land drainage.

Regulation 7 does not apply to noise emitted from a farming vehicle on rural premises at any time between sunrise and sunset if the farming vehicle complies with subregulation (5).

Regulation 7 does not apply to noise emitted from a farming vehicle on rural premises at any time between sunset and sunrise if —

the farming vehicle complies with subregulation (5); and

the occupier of the premises shows that it was reasonably necessary for the vehicle to be operated at that time and not between sunrise and sunset.

A farming vehicle complies with this subregulation if the occupier of the premises shows that the vehicle, including its noise reduction system, has been maintained to a reasonable standard.

[Regulation 12 amended: Gazette 5 Dec 2013 p. 5663.]

13. Construction sites

In this regulation —

ancillary measure means a measure designated to be an ancillary measure under subregulation (7);

construction site means premises or a public place on which the sole or principal activity is the carrying out of construction work;

construction work means —

the construction, erection, installation, alteration, repair, maintenance, cleaning, painting, renewal, removal, excavation, dismantling or demolition of, or addition to, any building or structure, or any work in connection with any of these things, that is done at or adjacent to the place where the building or structure is located; or

work on which a hoisting appliance or any scaffold or shoring is used; or

work in driving or extracting piles, sheet piles or trench sheet; or

work in laying any pipe or work in lining pipe that is done at or adjacent to the place where the pipe is laid or to be laid; or

work in sinking or lining or altering, repairing, maintaining, renewing, removing, or dismantling a well or borehole; or

reclamation or site works including road works and earth works; or

the removal or reinstatement of vegetation or topsoil for the purpose of or in relation to a mining operation; or

tunnelling.

Regulation 7 does not apply to noise emitted from a construction site as a result of construction work carried out between 0700 hours and 1900 hours on any day which is not a Sunday or public holiday if the occupier of the premises or public place, shows that —

the construction work was carried out in accordance with control of environmental noise practices set out in section 4 of AS 2436‑2010 Guide to noise and vibration control on construction, maintenance and demolition sites; and

the equipment used on the premises was the quietest reasonably available; and

if the occupier was required to prepare a noise management plan under subregulation (4) in respect of the construction site —

the noise management plan was prepared and given in accordance with the requirement, and approved by the CEO; and

the construction work was carried out in accordance with the noise management plan, excluding any ancillary measure;

and

if the occupier was required to prepare a noise management plan under subregulation (5A)(a) or (b) —

the noise management plan was prepared and given in accordance with the requirement, and approved by the CEO; and

the construction work was carried out in accordance with the noise management plan, excluding any ancillary measure.

Regulation 7 does not apply to noise emitted from a construction site as a result of construction work carried out other than between the hours specified in subregulation (2) if the occupier of the construction site shows that —

the construction work was carried out in accordance with control of environmental noise practices set out in section 4 of AS 2436‑2010 Guide to noise and vibration control on construction, maintenance and demolition sites; and

the equipment used on the premises was the quietest reasonably available; and

the construction work was carried out in accordance with a noise management plan, excluding any ancillary measure, in respect of the construction site —

prepared and given to the CEO not later than 7 days before the construction work commenced; and

approved by the CEO;

and

at least 24 hours before the construction work commenced, the occupier of the construction site gave written notice of the proposed construction work to the occupiers of all premises at which noise emissions received were likely to fail to comply with the standard prescribed under regulation 7; and

it was reasonably necessary for the construction work to be carried out at that time.

The CEO may require an occupier of a construction site on which it is proposed to carry out construction work to prepare a noise management plan in respect of the premises.

The CEO may require an occupier of a construction site on which construction work is being carried out to prepare a noise management plan in respect of —

the premises or a part of the premises specified in the requirement; or

a type of construction work being carried out on the construction site and specified in the requirement.

An occupier required to prepare a noise management plan under subregulation (4) or (5A) must provide the CEO, or another person specified in the notice, with a copy of the plan within the period specified in the notice of requirement.

A noise management plan prepared under subregulation (3)(c), (4) or (5A) is to include, but is not limited to —

details of, and reasons for, construction work on the construction site; and

details of, and the duration of, activities on the construction site likely to result in noise emissions that fail to comply with the standard prescribed under regulation 7; and

predictions of noise emissions on the construction site; and

details of measures to be implemented to control noise (including vibration) emissions; and

procedures to be adopted for monitoring noise (including vibration) emissions; and

complaint response procedures to be adopted.

The CEO may, by written notice given to an occupier who provides the CEO with a noise management plan under this regulation, designate a measure in the plan to be an ancillary measure if the measure does not directly influence the level, duration or time of day of a noise emission.

An occupier of a construction site must ensure that any ancillary measure relating to the site is implemented.

Penalty for an offence under subregulation (8): a fine of $5 000.

[Regulation 13 amended: Gazette 5 Dec 2013 p. 5663‑7.]