Environment Protection (Noise) Amendment Regulations 2000

Environment Protection (Noise) Amendment Regulations 2000

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .

2 October 2000

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Environment Protection (Noise) Amendment Regulations 2000 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Environment Protection (Noise) Regulations 1977 are referred to as the Principal Regulations.

4.   Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by inserting after the definition of "the Act" the following definition:

air-conditioner means an apparatus that is –

(a) defined as a non-ducted air-conditioner or non-ducted heat pump in Australian/New Zealand Standard AS/NZ 3823.1.1; or

(b) defined as a refrigerated package air-conditioner system or split system in Australian Standard AS 1861.2;

(b) by inserting after the definition of "gross vehicle mass" the following definition:

impulsive means containing one or more audible peaks of a short duration;

(c) by inserting after the definition of "N.E.P." the following definition:

normal ambient noise means the time average A-weighted sound pressure level present at the time and place where noise measurements in respect of an air-conditioner are taken excluding any noise emitted by that air-conditioner;

(d) by inserting after the definition of "registered" the following definition:

relevant area means an area specified in Schedule IX;

(e) by inserting after the definition of "supply" the following definitions:

time average A-weighted sound pressure level means time average A-weighted sound pressure level as defined in Australian Standard AS 1055;

tonal means containing a prominent frequency that has a definite audible pitch;

5.   Regulations 17A and 17B inserted

After regulation 17 of the Principal Regulations, the following regulations are inserted:

17A.   Operation of air-conditioners

(1)  A person must not operate an air-conditioner on any premises if the noise emitted by that air-conditioner exceeds the level specified for the relevant area at the relevant time in Schedule IX.

(2)  Subregulation (1) does not apply if the normal ambient noise level exceeds the relevant level specified in Schedule IX  unless the noise emitted by the air-conditioner–

(a) is audible; and

(b) exceeds the normal ambient noise level by at least 3dB(A).

17B.   Measurement of noise emitted by air-conditioners

(1)  Noise emitted by an air-conditioner situated on any premises is to be measured in a manner determined by the Director.

(2)  A measurement is to be taken –

(a) one metre from the external wall closest to the relevant area of any domestic premises on which the air-conditioner is not situated; or

(b) if the distance between the external wall closest to the relevant area of those domestic premises and the property boundary of those premises is less than one metre, at that property boundary.

(3)  One or more measurements are to be taken at various times for a sufficient duration to ensure that a measurement represents the situation under consideration.

(4)  In taking a measurement, adjustments are to be applied to the time average A-weighted sound pressure level as follows:

(a) an adjustment of +5dB(A) is to be applied if the noise emitted by an air-conditioner is tonal;

(b) an adjustment of +2dB(A) is to be applied if the noise emitted by an air-conditioner is impulsive.

6.   Schedule IX inserted

After Schedule VIII to the Principal Regulations, the following Schedule is inserted:

SCHEDULE IX - Sound pressure level

Regulation 17A

	Time average A-weighted sound pressure level
Column 1 Operating times	Column 2 Sleeping areas	Column 3 Recreation and study areas	Column 4 Working areas
1. 7 a.m. until 10 p.m.	45 dB(A)	50 dB(A)	52 dB(A)
2. 10 p.m. until 7 a.m.	40 dB(A)	45 dB(A)	47 dB(A)

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 11 October 2000

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Environment Protection (Noise) Regulations 1977 by prescribing the –

(a) noise limits for the operation of air-conditioners; and

(b) method of measuring the emission of noise from air-conditioners.