Environmental Management and Pollution Control (Miscellaneous Noise) Amendment Regulations 2010

Environmental Management and Pollution Control (Miscellaneous Noise) Amendment Regulations 2010

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 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

MICHELLE O'BYRNE

Minister for Environment, Parks and Heritage

1.   Short title

These regulations may be cited as the Environmental Management and Pollution Control (Miscellaneous Noise) Amendment Regulations 2010 .

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 Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended as follows:

(a) by omitting the definition of domestic premises ;

(b) by inserting the following definitions after the definition of GVM :

habitable room means any room in residential premises, other than a storage area, bathroom, laundry, toilet or pantry;

intruder alarm system means an alarm system, installed in premises, that is designed to detect and audibly signal the presence of, or the entry or attempted entry into the premises by, an intruder;

(c) by omitting the definition of manual ;

(d) by inserting the following definition after the definition of recreational facility :

residential premises means –

(a) any building, or part of a building, which building or part is lawfully used as, or for the purposes of, a residence; and

(b) the land within the boundaries of the area of land on which the building is situated;

(e) by inserting the following definition after the definition of shop :

vehicle security alarm means an alarm system, installed in a motor vehicle, that is designed to detect and audibly signal any, or any attempted, intrusion into, or interference with, the motor vehicle by an intruder;

5.    Regulation 4 substituted

Regulation 4 of the Principal Regulations is rescinded and the following regulation is substituted:

4.   Measurement of noise

For the purposes of these regulations –

(a) any measurement of noise or any test of a noise source must be carried out in accordance with the Noise Measurement Procedures Manual issued by the Director and notified in the Gazette on 11 August 2004, as amended on 13 July 2005; and

(b) the level of any noise is taken to be the A-weighted sound pressure level of that noise expressed in dB(A).

6.    Regulation 10 amended (Noise emitted from certain portable apparatus)

Regulation 10 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2) "domestic premises" and substituting "residential premises";

(b) by omitting from subregulation (3) "domestic premises" and substituting "residential premises".

7.    Regulation 13 amended (Noise emitted from airconditioners)

Regulation 13 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1)(a)(i) "domestic premises" and substituting "residential premises";

(b) by omitting from subregulation (1)(a)(ii) "domestic premises" and substituting "residential premises";

(c) by omitting from subregulation (1)(a)(iii) "domestic premises" and substituting "residential premises";

(d) by omitting from subregulation (1)(b)(i) "domestic premises" and substituting "residential premises";

(e) by omitting from subregulation (1)(b)(ii) "domestic premises" and substituting "residential premises";

(f) by omitting from subregulation (1)(b)(iii) "domestic premises" and substituting "residential premises";

(g) by omitting from subregulation (2)(a) "domestic premises" and substituting "residential premises";

(h) by omitting from subregulation (2)(b) "domestic premises" and substituting "residential premises".

8.    Regulation 14 substituted

Regulation 14 of the Principal Regulations is rescinded and the following regulation is substituted:

14.   Restricted hours of use of specified things

(1)  A person must not, at any time outside a permitted period, operate a thing, specified in an item in Column 1 of Schedule 7 , on –

(a) any residential premises; or

(b) any site where residential premises are being constructed –

if the noise emitted by the thing is, or is likely to be, audible in a habitable room in any other residential premises (whether or not all windows and doors to that habitable room are shut).

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  For the purposes of this regulation, a permitted period, in relation to a thing specified in an item in Column 1 of Schedule 7 , is a period that occurs –

(a) between the hours specified, opposite the item, in Column 3 of the Schedule; and

(b) on a day, specified opposite the hours, in Column 2 of the Schedule.

(3)  Subregulation (1) does not apply to the operation of mobile machinery at a time and on a day that are outside of a permitted period, if a permit has been issued under Part 4 in respect of the mobile machinery, permitting the operation at such a time, on such a day.

9.    Regulation 15 amended (Operation of motor vehicles and motor vessels near residential premises)

Regulation 15 of the Principal Regulations is amended by omitting "domestic premises" and substituting "residential premises".

10.    Regulation 17 amended (Operation of racing events and aquatic events)

Regulation 17 of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulation:

(2)  Regulation 15 does not apply to a motor vehicle being used at a racing event in an off-street area, or to a motor vessel being used at an aquatic event, if –

(a) the conduct of the racing event or aquatic event is not a level 2 activity; and

(b) a permit has been issued under Part 4 in respect of the racing event or aquatic event.

11.    Regulation 18 substituted

Regulation 18 of the Principal Regulations is rescinded and the following regulations are substituted:

18.   Operation of chainsaws

(1)  In this regulation –

approved means approved in accordance with any one or more of the following:

(a) a permit issued and in force under Part 4 of these regulations;

(b) a permit issued and in force under the Land Use Planning and Approvals Act 1993 for a level 1 activity or level 2 activity;

(c) an environment protection notice issued, or caused to be issued, by the Director under section 27 or 44 of the Act;

(d) an environment protection notice issued by a council officer under section 44 of the Act;

(e) an emergency authorization.

(2)  A person on premises, other than residential premises, must not operate a chainsaw powered by an internal combustion engine within 300 metres of residential premises unless –

(a) the operation of the chainsaw is approved; or

(b) the chainsaw is operated by or with the consent of the occupier of the residential premises; or

(c) the occupier of the residential premises owns the premises on which the chainsaw is being operated.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(3)  A person on residential premises must not operate a chainsaw powered by an internal combustion engine within 300 metres of other residential premises unless –

(a) the chainsaw is operated for the purpose of domestic garden maintenance on only one day in any 7 consecutive days and at a time within any of the following periods:

(i) Monday to Friday (inclusive), from 7 a.m. until 6 p.m.;

(ii) Saturday, from 9 a.m. until 6 p.m.;

(iii) Sundays and statutory holidays as defined in the Statutory Holidays Act 2000 , from 10 a.m. until 6 p.m.; or

(b) the operation of the chainsaw is approved; or

(c) the chainsaw is operated by or with the consent of the occupier of the other residential premises; or

(d) the occupier of the other residential premises owns the residential premises on which the chainsaw is being operated.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

18A.   Operation of vehicle security alarms

(1)  A person must not cause or permit a vehicle security alarm installed in the motor vehicle to emit noise continuously –

(a) for more than 90 seconds after the alarm begins to emit the noise, if the motor vehicle was manufactured before 1 September 1997; or

(b) for more than 45 seconds after the alarm begins to emit the noise, if the motor vehicle was manufactured on or after 1 September 1997.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  A person must not cause or permit a vehicle security alarm installed in a motor vehicle to emit noise while the engine of the motor vehicle is running or the ignition of the motor vehicle is turned on.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(3)  For the purpose of this regulation –

(a) a person is taken to cause or permit a vehicle security alarm installed in a motor vehicle to emit noise if –

(i) the person is in the motor vehicle while the vehicle security alarm is turned on and the alarm emits noise; or

(ii) the person leaves the motor vehicle unattended while the vehicle security alarm is turned on and the alarm subsequently emits noise; and

(b) a vehicle security alarm that emits noise intermittently is taken to emit the noise continuously from the first emission of the noise from the alarm on a day until the last emission of the noise from the alarm on that day.

(4)  This regulation does not apply to an emission of noise from a vehicle security alarm installed in a motor vehicle if the alarm emits the noise –

(a) in an emergency; or

(b) as a consequence of an intrusion into, or interference with, a motor vehicle; or

(c) as a consequence of a motor vehicle accident involving the vehicle.

18B.   Operation of intruder alarm systems

(1)  An occupier of premises or, if there is no occupier, an owner of the premises, must not permit an intruder alarm system that is installed in the premises to emit noise continuously for more than 5 minutes after the alarm system first emits the noise.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  For the purpose of this regulation, an intruder alarm system that emits noise intermittently is taken to emit the noise continuously from the first emission of the noise by the system on a day until the last emission of the noise on that day.

(3)  This regulation does not apply to the emission of noise by an intruder alarm system, installed in premises, if the noise is emitted because of –

(a) an emergency; or

(b) an entry, or attempted entry, to the premises by an intruder.

12.    Regulation 19 amended (Application for permits)

Regulation 19 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

(1)  A person may apply to the Director for a permit for the purposes of regulation 14(3) , regulation 15(d) , regulation 16(b) , regulation 17(2)(b) or regulation 18 .

13.    Regulation 22 amended (Issue of permits)

Regulation 22 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulations:

(3)  The Director must give notice of the issue of a permit to the council in whose municipal area is situated the place at which the operation or activity authorised under the permit is to occur.

(4)  Notice under subregulation (3) is to include the information specified under subregulation (2) .

14.    Part 5 rescinded

Part 5 of the Principal Regulations is rescinded.

15.    Schedule 4 amended (Noise emitted from certain portable apparatus)

Schedule 4 to the Principal Regulations is amended as follows:

(a) by omitting

1. Power tools (excluding percussion tools)

92

100

from Part 1 and substituting the following item:

1. Power tools

92

100

(b) by omitting

1. Power tools (excluding percussion tools)

74

82

from Part 2 and substituting the following item:

1. Power tools

74

82

16.    Schedule 7 substituted

Schedule 7 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 7 - Permissible Hours of Use of Specified Things

Regulation 14

Column 1	Column 2	Column 3
Item	Days	Permissible hours of use
1. Mobile machinery, forklift trucks and industrial motor vehicles referred to in Schedules 2 and 3	Monday to Friday	Between 7 a.m. and 6 p.m.
	Saturday	Between 8 a.m. and 6 p.m.
	Sundays and statutory holidays as defined in the Statutory Holidays Act 2000	Between 10 a.m. and 6 p.m.
2. Portable apparatus referred to in Schedule 4	Monday to Friday	Between 7 a.m. and 6 p.m.
	Saturday	Between 9 a.m. and 6 p.m.
	Sundays and statutory holidays as defined in the Statutory Holidays Act 2000	Between 10 a.m. and 6 p.m.
3. Power lawnmowers referred to in Schedule 5 and other power garden maintenance equipment	Monday to Friday	Between 7 a.m. and 8 p.m.
	Saturday	Between 9 a.m. and  8 p.m.
	Sundays and statutory holidays as defined in the Statutory Holidays Act 2000	Between 10 a.m. and 8 p.m.
4. Musical instruments and sound amplifying equipment	Monday to Thursday	Between 7 a.m. and 10 p.m.
	Friday	Between 7 a.m. and midnight
	Saturday	Between 9 a.m. and midnight
	Sundays and statutory holidays as defined in the Statutory Holidays Act 2000	Between 10 a.m. and 10 p.m.
5. Motor vehicles, motor vessels and outboard motors (unless the motor vehicle or motor vessel is moving into or out of residential premises)	Monday to Friday	Between 7 a.m. and 6 p.m.
	Saturday	Between 9 a.m. and 6 p.m.
	Sundays and statutory holidays as defined in the Statutory Holidays Act 2000	Between 10 a.m. and 6 p.m.

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

Notified in the Gazette on 17 February 2010

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) amending definitions; and

(b) making further provision in relation to the days and hours during which certain things must not be used near a residence; and

(c) prohibiting a person from allowing an intruder alarm in a building to sound for longer than the prescribed time; and

(d) prohibiting a person from allowing an intruder alarm in a vehicle to sound for longer than the prescribed time or while the vehicle's engine is running or the vehicle's ignition is turned on.