Environmental Protection (Noise) Regulations 1997

When an application is referred to the CEO under regulation 17(3), the CEO may —

advise the Minister that the CEO considers that the application should not be assessed because —

the emission of noise in that case will not exceed or vary from a standard prescribed under these regulations; or

the emission of noise is reasonably and practicably capable of complying with a standard prescribed under these regulations; or

an approval to allow the emission of noise to exceed or vary from the standard is not an appropriate means of regulating the emission of noise;

if the CEO does not consider that any of the circumstances mentioned in paragraph (a) apply and considers that the emission of noise exceeds or will exceed or vary from a standard prescribed under these regulations —

inform the Minister and the applicant; and

assess the application and report to the Minister.

In the case of an application in respect of which the CEO provides advice under subregulation (1)(a), the Minister may —

direct the CEO to assess the application under subregulation (1)(b)(ii); or

inform the applicant that the application will not be assessed.

The CEO may, for the purposes of assessing an application under subregulation (1)(b)(ii), require the applicant to provide the CEO with such information as is specified in the requirement.

The CEO may end the assessment of an application if the applicant has failed to comply with a requirement under subregulation (3) within such period as the CEO considers to be reasonable in the circumstances.

Subject to any direction given under subregulation (9), the CEO is to determine the form, content, timing and procedure of any assessment undertaken under this regulation.

After a determination is made under subregulation (5), the CEO is to estimate the cost of conducting the assessment.

The fee payable for conducting an assessment is —

an amount equal to the cost estimated under subregulation (6); or

if that amount exceeds $100 000, $100 000.

The fee must be paid before the assessment of the application commences.

The Minister may, during or after the assessment by the CEO of an application referred to the CEO, and after consulting the CEO, direct the CEO to assess or re‑assess, as the case requires, the application more fully or more publicly or both in accordance with that direction, and the CEO must comply with the direction.