Environmental Protection (Noise) Regulations 1997

Without limiting section 3(3)(a) of the Act and subject to subregulation (2), noise emitted in contravention of a standard prescribed under regulation 7 or 11 is to be taken to be unreasonable.

Noise is not to be taken to be unreasonable under subregulation (1) if the person causing the noise emission shows that —

by virtue of regulation 12, 13, 14A, 14, 15, 16AA(9), 16BA(9) or 16(3), regulation 7 does not apply to the noise emitted; or

the noise is emitted in accordance with an approval granted under regulation 18B, 18 or 19B.

[Regulation 5 inserted: Gazette 5 Dec 2013 p. 5652.]

6. Regulation of noise from public places

The emission of noise from public places is regulated as follows under the power described in item 15 of Schedule 2 of the Act —

public places are to be treated as premises to which sections 51, 75, 79, 80, 81, 81A, 82, 90, 92, 93, 95 and 99 of the Act apply; and

in respect of any particular emission of noise from a public place, the person who is causing or permitting that noise to be emitted is to be treated as the occupier of that public place for the purposes of sections 51, 75, 90, 92, 93 and 95 of the Act; and

the requirements prescribed by regulations 7 and 11 for the emission of noise from public places are, subject to these regulations, prescribed standards for the purposes of section 51 as applied by this regulation.

A person must not fail to comply with section 51, 79, 80, 81 or 82 of the Act as applied by subregulation (1).

Penalty: $5 000.

[Regulation 6 amended: Gazette 11 Dec 1998 p. 6613; 7 Nov 2000 p. 6144; 5 Dec 2013 p. 5653.]

7. Prescribed standard for noise emissions

Noise emitted from any premises or public place when received at other premises —

must not cause, or significantly contribute to, a level of noise which exceeds the assigned level in respect of noise received at premises of that kind; and

must be free of —

tonality; and

impulsiveness; and

modulation,

when assessed under regulation 9.

For the purposes of subregulation (1)(a), a noise emission is taken to significantly contribute to a level of noise if the noise emission as determined under subregulation (3) exceeds a value which is 5 dB below the assigned level at the point of reception.

A level of a noise emission may be determined by —

measurement at its point of reception when, to the extent practicable, other noises that would contribute to the measured noise level are not present; or

calculation of the level at its point of reception based on measurement of the noise emission at a reference point determined by the inspector or authorised person to be a point where the relationship between the noise emission as measured at the reference point and at the point of reception can be established.