Division 1 Noise control notices—regulatory authorities
263 Definition of “appropriate regulatory authority”
For the purposes of this Division, the marine authority is the appropriate regulatory authority in relation to:(a) vessels in navigable waters, and(b) premises used in connection with vessels and situated adjacent to, or partly or wholly over, navigable waters.
264 Noise control notices relating to premises
(1) This section applies to:(a) the person who is the occupier of any premises, or(b) the person who carries on or proposes to carry on an activity at any premises or who uses or operates or proposes to use or operate an article at any premises.(2) The appropriate regulatory authority may, by notice in writing given to such a person, prohibit the person from causing, permitting or allowing:(a) any specified activity to be carried on at the premises, or(b) any specified article to be used or operated at the premises,or both, in such a manner as to cause the emission from the premises at all times or on specified days, or between specified times on all days or on specified days, of noise that, when measured at any specified point (whether within or outside the premises), is in excess of a specified level.(3) If, in a noise control notice, there is no reference to the times or days during or on which the prohibition imposed by the notice is to operate, the prohibition operates at all times.(4) Nothing in this section affects the power under this Act to attach conditions to an environment protection licence.
265 Offence to contravene noise control notice
(1) A person who contravenes a noise control notice is guilty of an offence.(2) A person is not guilty of an offence unless it is established that the alleged offence resulted in the emission, from the premises to which the alleged offence relates, of noise that was able to be detected or perceived outside those premises without the aid of an instrument, machine or device.Maximum penalty:
• in the case of a corporation—$60,000 and, in the case of a continuing offence, a further penalty of $6,000 for each day the offence continues, or• in the case of an individual—$30,000 and, in the case of a continuing offence, a further penalty of $600 for each day the offence continues.
266 Revocation or variation of noise control notices
A noise control notice may be revoked or varied by the appropriate regulatory authority by a further notice under this Division.
267 Commencement of operation of noise control notices
(1) A noise control notice operates from the day the notice is given or from such later day as the notice specifies.(2) If an appeal is made against a noise control notice and the Land and Environment Court directs that the notice is stayed, the notice does not operate until the stay ceases to have effect or the Land and Environment Court confirms the notice or the appeal is withdrawn, whichever first occurs.
(1) The purpose of this section is to enable a regulatory authority to recover the administrative costs of preparing and giving noise control notices.(2) A person who is given a noise control notice by a regulatory authority must within 30 days pay the prescribed fee to the authority.(3) The regulatory authority may:(a) extend the time for payment of the fee on the application of a person to whom subsection (2) applies, or(b) waive payment of the whole or any part of the fee on the authority’s initiative or on the application of a person to whom subsection (2) applies.(4) The fee is not payable during the currency of an appeal against the noise control notice.(5) A fee is not payable on the variation or revocation of a noise control notice.(6) If the decision of the Court on an appeal does not invalidate the noise control notice, the fee is payable within 30 days of the decision.(7) A person who does not pay the fee within the time provided under this section is guilty of an offence.Maximum penalty (subsection (7)): 200 penalty units.
(1) The appropriate regulatory authority that gives a noise control notice to a person may, by notice in writing (in this section referred to as a compliance cost notice), require the person to pay all or any reasonable costs incurred by the authority in connection with:(a) monitoring action under the notice, and(b) ensuring that the notice is complied with, and(c) any other associated matters.(2) A regulatory authority may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction.(3) If the person given a compliance cost notice complies with the notice but was not the person who caused the noise, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the noise.