Environmental Protection (Noise) Regulations 1997

The occupier of a motor sport venue may apply to the CEO for approval of —

a noise management plan for the venue; or

an amendment of an approved noise management plan for the venue.

An application for approval under subregulation (1) is to be accompanied by an application fee of $500, but the CEO may, in his or her discretion, waive or reduce the fee.

The CEO may, in writing —

if the application is for the approval of a noise management plan — approve, or refuse to approve, the noise management plan for the motor sport venue; or

if the application is for an amendment of an approved noise management plan — approve, or refuse to approve, the amendment.

Before making a decision under subregulation (3) the CEO —

must give the following a reasonable opportunity to make a submission on whether or not the plan or amendment should be approved —

the occupier of any noise sensitive premises within 1 km of the motor sport venue;

the local government of each district in which noise emissions received from the venue are likely to fail to comply with the standard prescribed under regulation 7;

may give any other person the CEO considers appropriate in the circumstances a reasonable opportunity to make a submission on whether or not the plan or amendment should be approved.

An approval of a noise management plan under subregulation (3) —

may be granted subject to conditions imposed by the CEO; and

subject to subregulation (6) and regulation 16AC, has effect for the period specified in the approval.

If the occupier of a motor sport venue for which an approved noise management plan (the current plan) has effect applies for approval of a new noise management plan for the venue not later than 3 months before the current plan would, apart from this regulation, cease to have effect (the expiry day), the current plan is taken to continue in effect from the expiry day until —

if the CEO approves the new noise management plan — the day on which the new plan has effect; or

if —

the CEO refuses to approve the new noise management plan; and

at the end of the period within which an appeal against the decision may be lodged under regulation 16AE, no appeal has been lodged,

if —

the CEO refuses to approve the new noise management plan; and

an appeal is lodged under regulation 16AE against the decision to refuse to approve the new noise management plan,

The CEO must not approve a noise management plan for a motor sport venue unless the plan —

contains a map (current at the time of the application) showing the motor sport venue, including the area where motor vehicles or motor vessels are raced or prepared for racing and car parks used by competitors in races at and visitors to the venue; and

contains a description of the types of racing activities that can reasonably be expected to be conducted at the venue and classes of vehicles or vessels that can reasonably be expected to race at the venue; and

sets out limitations on the racing activities to be conducted and the times during which racing activities may be conducted; and

contains details of reasonable and practicable measures to be implemented to control noise emissions from the venue during the conduct of a racing activity at the venue; and

contains details of when and the manner in which notice of racing activities at the venue is to be published or distributed to members of the public; and

specifies the persons who will be responsible for implementing the approved noise management plan and sets out each person’s responsibilities; and

contains a complaint response procedure.

For the purposes of subregulation (7)(f), the plan may —

specify a person by name; or

specify a particular officer, or the holder of a particular office, by reference to the title of the office concerned.

Regulation 7 does not apply to noise emitted from a motor sport venue during the conduct of a racing activity at the venue if the racing activity is conducted in accordance with an approved noise management plan, excluding any ancillary measure, for the venue.