Waste collection and other works
14A Waste collection and other works
In this regulation —
ancillary measure means a measure designated to be an ancillary measure under regulation 14B;
class 1 works means specified works carried out between —
0700 hours and 1900 hours on any day that is not a Sunday or a public holiday; or
0900 hours and 1900 hours on a Sunday or public holiday;
class 2 works means specified works carried out otherwise than between the hours specified in the definition of class 1 works paragraphs (a) and (b);
specified works means —
the collection of waste; or
the cleaning of a road or the drains for a road; or
the cleaning of public places, including footpaths, cycle paths, car parks and beaches; or
the maintenance of road verges and public open space (including the collection of rubbish and the planting, trimming, watering or removal of trees); or
the periodic collection of household items or other things placed on street verges by residents for the purpose of such a collection; or
activities associated with hazard or emergency management;
waste means waste from domestic or commercial sources and includes —
putrescible waste; and
non‑putrescible waste; and
recyclable materials.
Regulation 7 does not apply to noise emitted in the course of carrying out class 1 works if —
the works are carried out in the quietest reasonable and practicable manner; and
the equipment used to carry out the works is the quietest reasonably available; and
in a case where a person has been required to prepare a noise management plan under subregulation (4) in relation to the works —
the noise management plan has been prepared and submitted in accordance with the requirement, and approved in writing by the CEO; and
the works are carried out in accordance with the noise management plan, excluding any ancillary measure.
Regulation 7 does not apply to noise emitted in the course of carrying out class 2 works if the works are carried out in accordance with a noise management plan, excluding any ancillary measure, for class 2 works approved in writing by the CEO.
The CEO may by written notice require a person who carries out class 1 works —
to prepare a noise management plan; and
within the time specified in the notice, to submit the plan to the CEO, or another person specified in the notice, for the approval of the CEO.
A noise management plan for class 1 works is to include —
details of vehicle or equipment evaluation and purchase policies adopted to select, on a reasonable and practicable basis, the quietest vehicle or equipment available; and
measures to be adopted to minimise noise emissions resulting from carrying out the works; and
a description of the specified works to be carried out during the times of day to which the class relates; and
operator training programmes; and
community information on the manner in which the specified works will be carried out; and
a complaints response procedure.
A noise management plan for class 2 works is to include, but is not limited to —
details of vehicle or equipment evaluation and purchase policies adopted to select, on a reasonable and practicable basis, the quietest vehicle or equipment available; and
measures to be adopted to minimise noise emissions resulting from carrying out the works; and
justification for carrying out the works during the times of day to which the class relates; and
a description of the specified works to be carried out during the times of day to which the class relates; and
operator training programmes; and
community information on the manner in which the specified works will be carried out; and
a complaints response procedure.
An application by a person, other than a local government, for the approval of a noise management plan under subregulation (3) is to be accompanied by an application fee of $500, but the CEO may, in his or her discretion, waive or reduce the fee.
Before approving a noise management plan under subregulation (3) or (4), the CEO must —
if the plan was submitted by a local government, require the local government to give local public notice, as defined in the Local Government Act 1995 section 1.7, of the plan; or
if the plan was submitted by a person other than a local government, require the person to publish notice of the plan at least once in a newspaper circulating generally throughout the district where the plan will have effect.
A notice under subregulation (8) must specify the following —
the purpose and effect of the noise management plan;
the places at which the noise management plan may be inspected or obtained;
the period (being not less than 30 days after the notice is published in a newspaper) within which submissions about the plan may be made to the CEO.
After considering any submissions made under subregulation (9)(c), the CEO may —
approve the noise management plan as proposed; or
approve a noise management plan that is not significantly different from what was proposed; or
refuse to approve the noise management plan as proposed and require a new plan to be prepared and submitted for approval.
A noise management plan for class 1 works or class 2 works expires —
3 years after the day on which it is approved by the CEO; or
on such other day, not more than 3 years after the day on which it is approved by the CEO, as the CEO specifies in the approval of the plan.
[Regulation 14A inserted: Gazette 5 Dec 2013 p. 5667‑72.]
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