Environmental Protection (Noise) Regulations 1997

In this Division —

approved event means an event approved under regulation 18(3);

approved venue means a venue approved under regulation 19B(7);

venue means any premises or public place;

venue approval means an approval granted under regulation 19B(7), as amended from time to time, that has effect.

[Regulation 18J inserted: Gazette 5 Dec 2013 p. 5700.]

18. Approved sporting, cultural and entertainment events

In this regulation —

ancillary condition means a condition designated as an ancillary condition under regulation 19A(1);

noise means noise associated directly with an approved event and does not include noise normally emitted from a venue (such as noise from plant, pumps and machinery) when it is not being used for the purposes of an approved event.

Despite any other regulation in this Part —

an approval under subregulation (3) has effect according to its terms; and

except to the extent that the regulation is applied as a condition under subregulation (3), regulation 7 does not apply to noise resulting from an approved event.

Where the CEO is satisfied that a proposed sporting, cultural or entertainment event that is to be open to the public —

is likely to result in the emission of noise in contravention of the standard prescribed under regulation 7; and

would lose its character or usefulness if it were required to comply with that standard,

the CEO may approve the event, subject to such conditions as the CEO thinks fit, for the purposes of this regulation.

If a condition, other than an ancillary condition, imposed on an approved event under subregulation (3) or (8) is breached —

the event ceases to be an approved event; and

regulation 7 has effect in relation to that event.

An approval under subregulation (3) may extend to a practice or rehearsal or sound system test relating to an event even though the practice, rehearsal or sound system test is not open to the public.

An application for approval under subregulation (3) is to be —

made not later than 60 days before the event to which the application relates is proposed to commence; and

accompanied by an application fee of $1 000.

Despite subregulation (6)(a), an application may be made between 59 and 21 days before the event to which the application relates is proposed to commence if, in addition to the application fee, the application is accompanied by a late fee equal to one quarter of the application fee.

Despite subregulation (6)(a), an application may be made less than 21 days before the event to which the application relates is proposed to commence if —

the CEO is satisfied that there are exceptional circumstances for the application not being made earlier than within that period; and

in addition to the application fee, the application is accompanied by a late fee equal to one quarter of the application fee.

Conditions imposed under subregulation (3) may —

limit the duration of practice and rehearsal sessions, sound system tests and the event; and

specify starting and completion times for practice and rehearsal sessions, sound system tests and the event; and

specify times when facilities such as stages, temporary seating and lighting towers can be erected and dismantled; and

specify any other requirements, including maximum allowable noise levels, considered necessary to maintain the impact of noise emissions on other premises at an acceptable level.

It is a condition imposed on the conduct of an approved event that, if the CEO determines that noise received as a result of the event —

at any noise sensitive premises is likely to exceed 65 dB L_{A Slow} between 0700 hours and 1900 hours on any day or 60 dB L_{A Slow} between 1900 hours on any day and 0700 hours on the following day; or

at any other premises is likely to exceed 75 dB L_{A Slow} at any time,

the person to whom the approval is granted is to pay to the CEO, within the time specified by the CEO, a noise monitoring fee specified by the CEO.

The CEO may amend any condition to which an approved event is subject, but must before doing so —

give to the person responsible for the conduct of the event at least 14 days’ notice of the proposed amendment to enable the person to make written representations on the proposal; and

where the condition was determined under subregulation (13), obtain the approval of the Minister.

A person to whom notice of a proposal is given under subregulation (9)(a) may by written agreement accept the proposal and waive the period of notice.

The CEO is not to approve the holding of more than 2 approved events in or at a particular venue in any period of 12 consecutive months unless the CEO is satisfied that the majority of occupiers on whom the noise emissions will impact have no objection to the holding of the additional events.

An approval must not be granted unless —

the chief executive officer of the local government (the local government CEO) of each district in which noise emissions received from the event are likely to fail to comply with the standard prescribed under regulation 7 has no objection to the proposed conditions applicable to the approval; or

if there is such an objection, the objection has been resolved under subregulation (13).

An objection of a local government CEO may be resolved by —

the CEO and the local government CEO agreeing on the conditions applicable to the approval; or

if an agreement cannot be reached, the Minister determining the conditions after receiving the advice of the CEO.

The CEO may, if satisfied that the noise from approved events held at any 2 or more venues affects generally the same noise sensitive premises, determine that those venues are to be treated as a single venue for the purposes of subregulation (3) in which case subregulation (11) applies to those venues as if they were one venue.

Despite subregulation (6)(b), the CEO may, in his or her discretion, waive or reduce the application fee payable under subregulation (6).

[Regulation 18 amended: Gazette 5 Dec 2013 p. 5700‑4.]