Environment Protection (Noise) Amendment (Vehicle Standards Consequential) Regulations 2001
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 .
15 October 2001G. S. M. Green
Governor
By His Excellency's Command,
D. E. Llewellyn
Minister for Primary Industries, Water and Environment
These regulations may be cited as the Environment Protection (Noise) Amendment (Vehicle Standards Consequential) Regulations 2001 .
These regulations take effect on the day on which the Vehicle and Traffic Amendment (Vehicle Standards) Act 2001 commences.
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 omitting the definition of "gross vehicle mass" and substituting the following definition:GVM for a vehicle, has the same meaning as in the Vehicle and Traffic Act 1999 ;(b) by omitting the definition of "off-road vehicle" and substituting the following definition:off-street area means an area that is not a public street;(c) by inserting the following definition after the definition of "passenger car derivative":public street has the same meaning as in the Traffic Act 1925 ;(d) by omitting the definitions of "registered" and "road";(e) by inserting the following definition after the definition of "type approval":vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle but does not include an aircraft, a vessel, an air cushion vehicle or a vehicle constructed or adapted for propulsion only on rails;
5. Regulations 5 and 6 rescinded
Regulations 5 and 6 of the Principal Regulations are rescinded.
Regulation 7 of the Principal Regulations is rescinded and the following regulation is substituted:7. Noise emitted from motor vehicles on off-street areas
(1) A person must not operate a vehicle specified in Part I or II of Schedule II on an off-street area if, as measured in accordance with the Code of Practice, it emits a noise greater than –(a) 77dB(A) at 7.5 metres when driven; or(b) the level specified in relation to that vehicle in that Schedule at 0.5 metres from the vehicle's exhaust outlet when stationary.(2) A person must not operate a vehicle specified in Part III or IV of Schedule II on an off-street area if, as measured in accordance with the Code of Practice, it emits a noise greater than –(a) 77dB(A) at 7.5 metres when driven; or(b) the level specified in relation to that vehicle in that Schedule at 7.5 metres when stationary.
7. Regulation 8 amended (Operation of certain vehicles near domestic premises)
Regulation 8(b) of the Principal Regulations is amended by omitting "road" (twice occurring) and substituting "public street".
Regulation 9 of the Principal Regulations is rescinded and the following regulation is substituted:9. Noise emitted from off-road vehicles on off-street areas
A person must not operate a vehicle specified in Schedule IV or IVA on an off-street area if, as measured in accordance with the Code of Practice, it emits a noise greater than the level specified in relation to that vehicle in the applicable one of those Schedules.
9. Regulation 14 amended (Type approval for new power lawn-mowers)
Regulation 14 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulation:(3) This regulation does not apply to a power lawn-mower if –(a) it was manufactured before 1 January 1978; or(b) it is also a motor vehicle.
Regulation 15 of the Principal Regulations is rescinded and the following regulation is substituted:15. Noise emitted from power lawn-mowers
(1) A person must not supply or operate a power lawn-mower specified in Schedule VI if it emits a noise level greater than that specified in relation to that lawn-mower in that Schedule.(2) This regulation does not apply to a power lawn-mower if it is also a motor vehicle.
11. Regulation 18 amended (Measurement of noise)
Regulation 18 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "motor vehicle" and substituting "vehicle";(b) by omitting from subregulation (2) "motor vehicle" (twice occurring) and substituting "vehicle".
12. Regulation 19 amended (Type approval)
Regulation 19(1) of the Principal Regulations is amended as follows:(a) by omitting "regulations 5, 11, and 14" and substituting "regulations 11 and 14";(b) by omitting paragraph (a).
13. Regulation 20 amended (Approval of supply or operation of vehicles, &c., in certain cases)
Regulation 20(1) of the Principal Regulations is amended by omitting "motor vehicle" (wherever occurring) and substituting "vehicle".
Schedule I to the Principal Regulations is rescinded.
Schedule II to the Principal Regulations is amended as follows:(a) by omitting the Schedule regulation reference and substituting "Regulation 7";(b) by omitting from Parts III and IV "gross vehicle mass" (wherever occurring) and substituting "GVM".
Schedule IV to the Principal Regulations is amended by omitting, from the heading to the first column of the table, "off-road vehicle" and substituting "vehicle".
Schedule IVA to the Principal Regulations is amended by omitting, from the heading to the first column of the table, "off-road vehicle" and substituting "vehicle".
Schedule VIII to the Principal Regulations is amended as follows:(a) by omitting, from the heading to the first column of the table, "off-road vehicle" and substituting "vehicle";(b) by omitting, from the first column of the table, "Off-road vehicles" and substituting "Vehicles referred to in Schedule IV or IVA".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 24 October 2001
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 consequent on the reforms effected by the Vehicle and Traffic Amendment (Vehicle Standards) Act 2001; the amendments ensure that, as regards vehicle noise, those regulations do not overlap or otherwise conflict with the new (nationally consistent) vehicle standards laws and this has been achieved essentially by limiting their application to the off-street use of vehicles.