Approval to allow emission of noise to exceed or vary from standard: application and referral
17 Approval to allow emission of noise to exceed or vary from standard: application and referral
If a person is of the opinion that —
the person cannot reasonably or practicably comply with a standard prescribed under these regulations; or
that a proposal of that person will not be reasonably or practicably capable of complying with that standard,
that person may apply to the Minister for approval to allow the emission of noise in that case to exceed or vary from the standard.
The Minister must refer the application to the Authority for assessment if —
the application relates to a proposal mentioned in subregulation (1)(b); and
the Authority —
has made a public record of —
the proposal under section 39 of the Act setting out that the proposal is to be assessed under Part IV of the Act; or
a request in relation to the proposal under section 46(1) of the Act;
and
has not prepared and given a report on the outcome of its assessment of the proposal under section 44 of the Act or a report on the inquiry under section 46(6) of the Act.
If subregulation (2) does not apply, the Minister must refer the application to the CEO for assessment.
If the Authority in the course of assessing a proposal under Part IV of the Act, or carrying out an inquiry under section 46(3) of the Act, forms the opinion that the proposal is not reasonably or practicably capable of complying with a standard prescribed under these regulations, the Authority may make a determination that the proponent is taken to have made an application under subregulation (1) that has been referred to the Authority under subregulation (2).
The report of the Authority under section 44 of the Act on a proposal mentioned in subregulation (1)(b) or (4), or under section 46 of the Act on an inquiry mentioned in subregulation (1)(b) or (4), is taken to also be the report of the Authority for the purposes of regulation 18B.
[Regulation 17 inserted: Gazette 5 Dec 2013 p. 5691‑3.]
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