Environmental Protection (Noise) Regulations 1997

The CEO may, by written notice to a person who submits a noise management plan under regulation 14A, 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.

A person who carries out class 1 works or class 2 works, as those terms are defined in regulation 14A, must ensure that any ancillary measure relating to the works is implemented.

Penalty: a fine of $5 000.

[Regulation 14B inserted: Gazette 5 Dec 2013 p. 5672.]

14. Equipment used on residential premises

In this regulation —

specified equipment means any item of equipment which requires the constant presence of an operator for normal use.

Regulation 7 does not apply to noise emitted from residential premises from the use of specified equipment on any day if —

the specified equipment is used in a reasonable manner; and

the specified equipment has not been used —

in the case of equipment other than a musical instrument, for more than 2 hours since the beginning of the relevant day; or

in the case of a musical instrument, for more than one hour since the beginning of the relevant day;

and

the noise resulting from the use of that specified equipment on those premises, having regard to the duration of the noise emission, the frequency of similar noise emissions from those premises and the purpose for which the equipment is used, does not unreasonably interfere with the health, welfare, convenience, comfort or amenity of an occupier of premises receiving the noise; and

the specified equipment is used —

between 0700 hours and 1900 hours on Monday to Saturday inclusive; or

between 0900 hours and 1900 hours on a Sunday or public holiday.

15. Bellringing and calls to worship

In this regulation —

amplified call to worship means a call or invitation to worship (including the ringing of a single bell or a set of bells) which is amplified or reproduced by the use of electronic amplification equipment;

bellringing means the ringing of a set of bells, where not amplified by electronic amplification equipment;

other call to worship means any call or invitation to worship (including the ringing of a single bell) other than bellringing or an amplified call to worship.

Regulation 7 does not apply to noise emitted from premises or a public place, other than premises used exclusively as residential premises, where the noise results from —

bellringing using equipment, which was used for bellringing on those premises at any time during the year before 29 December 1995; or

bellringing, other than that referred to in paragraph (a), if the conditions prescribed in subregulation (3) are complied with; or

an amplified call to worship, if the conditions prescribed in subregulation (3) are complied with; or

any other call to worship, if the conditions prescribed in subregulation (3) are complied with.

The following conditions are prescribed for the purposes of subregulation (2)(b), (c) and (d) —

the call to worship is to be made only on the premises or public place where the worship is to take place;

the premises or public place on which the worship is to take place is to be on land which is referred to in section 6.26(2)(d), (e) or (f) of the Local Government Act 1995;

where the noise emission measured under subregulation (4) exceeds 55 dB L_{A Slow} as a result of bellringing or an amplified call to worship then —

bellringing or the amplified call to worship is to be conducted only between 0800 hours and 1900 hours on Monday to Friday inclusive, or between 0900 hours and 1900 hours on Saturdays, Sundays and public holidays; and

bellringing or the amplified call to worship is to last no more than 10 minutes on each occasion that it takes place; and

bellringing or the amplified call to worship is not to take place on more than 2 occasions on the one day; and

bellringing or the amplified call to worship is not to take place on more than 12 occasions in any period of 2 months; and

bellringing or the amplified call to worship is not to take place on more than 8 occasions in any one month; and

if so requested by the CEO, a log is to be kept recording details of the date, time and duration of all bellringing or amplified calls to worship made.

For the purposes of this regulation, the noise emission is to be —

measured on any premises other than —

the premises on which the bellringing or amplified call to worship was made; or

premises which are owned or occupied by the same person or persons as the premises on which the bellringing or amplified call to worship was made; or

premises that are not noise‑sensitive premises;

and

measured as the average maximum of the L_{A Slow} readings; and

representative of the highest such noise emission recorded on the premises when the bell tower (where applicable) is in its open condition.

[Regulation 15 amended: Gazette 7 Nov 2000 p. 6144; 5 Dec 2013 p. 5672.]