This Regulation is the Protection of the Environment Operations (Noise Control) Regulation 2008.
This Regulation commences on 1 March 2008.
(1) In this Regulation:ADR 83/00 means the national standard made under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth entitled Australian Design Rule 83/00—External Noise.
approved (except in Part 3) means approved by the EPA.
building intruder alarm means a device used or intended to be used as an intruder alarm for a building that:
(a) incorporates or connects to a sounding device, and(b) on being triggered, causes the sounding device to emit sound.certified to ADR 83/00 means, in relation to a motor vehicle, that approval has been given, under section 10A of the Motor Vehicle Standards Act 1989 of the Commonwealth, to place identification plates on vehicles of that type showing compliance with ADR 83/00.
compliance plate date, in relation to a motor vehicle, means the date that appears on an identification plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth.
defective noise control equipment in relation to a motor vehicle means noise control equipment that:
(a) allows gas to escape from a place other than the intended exhaust outlet, or(b) allows the emission of more noise than the original noise control equipment fitted by the manufacturer of the vehicle and (if the noise control equipment relates to, or is part of, the vehicle’s exhaust system) the system of which is capable of emitting exhaust noise at a level that an authorised officer reasonably believes is above the level prescribed by clause 4 (b) or (c) in respect of the vehicle, or(c) has been modified in a way that an authorised officer reasonably believes makes it less effective than it would have been if the modification had not been made and (if the modified noise control equipment relates to, or is part of, the vehicle’s exhaust system) the system of which is capable of emitting exhaust noise at a level that an authorised officer reasonably believes is above the level prescribed by clause 4 (b) or (c) in respect of the vehicle.defective vehicle notice means a notice issued under clause 26.
defective vessel notice means a notice issued under clause 34.
domestic air conditioner means a split or packaged mechanical system:
(a) that is capable of controlling air temperature and distribution and that may also control the humidity and cleanliness of the air, and(b) the nominal cooling capacity of which does not exceed 12 kilowatts,but does not include a device of the kind that is commonly known as an evaporative system, and does not include a device that is designed exclusively for heating.emergency vehicle means a vehicle that is used by, or on behalf of, one of the following organisations, for the purposes of that organisation:
(a) the NSW Police Force, Fire Brigades, Rural Fire Brigades, Ambulance Service, State Emergency Service, Volunteer Rescue Association or any other agency which manages or controls an accredited rescue unit (within the meaning of the State Emergency and Rescue Management Act 1989), or(b) an organisation of the Commonwealth or a State or Territory that exercises similar functions to an organisation specified in paragraph (a), or(c) the Australian Protective Service, or(d) the Australian Customs Service, or(e) Airservices Australia.engine, in relation to a vessel, includes the whole of the machinery involved in the propulsion and operation of the vessel.
grass-cutting machine means a machine that:
(a) is designed principally for the purpose of cutting grass or other soft undergrowth, and(b) is powered by a motor,but does not include electrically powered shears with a cutting width of less than 120 millimetres.GVM (gross vehicle mass) has the same meaning as in the Road Transport (Vehicle Registration) Act 1997.
habitable room means any room other than a garage, storage area, bathroom, laundry, toilet or pantry.
master of a vessel means the person having the command or charge of the vessel, but does not include a pilot.
mobile air compressor means an air compressor that is mounted on a trailer, or other vehicle, capable of being registered under the Road Transport (Vehicle Registration) Act 1997.
mobile garbage compactor means a motor lorry that is comprised of a garbage compactor mounted on a truck cab-chassis.
motor bus means a motor vehicle constructed primarily for the carriage of persons and equipped to seat more than 8 adult persons (including the driver).
motor car means:
(a) a motor vehicle constructed primarily for the carriage of persons, or(b) a motor car derivative, being a motor vehicle:but does not include a motor bus, a motor cycle, a motor lorry or a special purpose motor vehicle.(i) that is of the type known as a utility, station wagon or panel van, and(ii) that is of the same make as a factory produced motor car, and(iii) in which that part of the body form that is forward of the windscreen, and the greater part of the mechanical equipment, are the same or substantially the same as in a factory produced motor car,motor cycle means any 2 or 3 wheeled motor vehicle constructed primarily for the carriage of persons.
motor lorry means a motor vehicle constructed primarily for the conveyance of goods or for use otherwise than for the carriage of persons, and includes the separate components (the prime mover and semi-trailer) of an articulated vehicle, but does not include a special purpose motor vehicle.
motor vehicle accessory includes:
(a) a motor vehicle horn, and(b) a motor vehicle intruder alarm, and(c) a motor vehicle sound system, and(d) any other device that is attached to or forms part of, or is intended to be attached to or form part of, a motor vehicle.motor vehicle horn means a sounding device designed to be attached to or form part of a motor vehicle, but does not include a sounding device designed solely for use in connection with a motor vehicle intruder alarm.
motor vehicle intruder alarm means a device that:
(a) incorporates or connects to a sounding device, and(b) on being triggered, causes the sounding device to emit sound,being a device that is attached to or forms part of a motor vehicle for use as an intruder alarm, whether or not the device is also designed to be used for any other purpose.noise control equipment means any apparatus or device used or designed:
(a) to prevent, limit or regulate the emission of noise, or(b) to monitor or to give warning of the emission of noise, or(c) to give warning of the excessive emission of noise,and includes any apparatus or device that, though not so used, is or would, if properly maintained and operated, be capable (without modification) of being so used, but does not include any apparatus or device prescribed as excluded from the definition of control equipment in the Act. An apparatus or device can be noise control equipment whether or not it is used for additional purposes or designed for other or additional purposes.pavement breaker means a pneumatic device:
(a) capable of being manually lifted and manoeuvred by a single operator, and(b) designed for the purpose of breaking up rock, concrete and similar materials.road means a road within the meaning of the Road Transport (General) Act 2005 (other than a road that is the subject of a declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act).
Note.The definition in the Road Transport (General) Act 2005 is as follows:
road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.
road related area means a road related area within the meaning of the Road Transport (General) Act 2005 (other than a road related area that is the subject of a declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act).
Note. The definition in the Road Transport (General) Act 2005 is as follows:road related area means:
(a) an area that divides a road, or(b) a footpath or nature strip adjacent to a road, or(c) an area that is open to the public and is designated for use by cyclists or animals, or(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or(e) a shoulder of a road, or(f) any other area that is open to or used by the public and that has been declared under section 15 to be an area to which specified provisions of this Act or the regulations apply.special purpose motor vehicle means a fork lift truck or motor vehicle constructed principally for off-road agricultural use or for use in road or building site construction work, and includes a tractor, harvester, header, thresher, swather, baler, cuber, loader, digger, bulldozer, excavator, grader, scraper, roller, or a mobile crane the engine of which is used for the purpose of both lifting loads and propelling the vehicle, but not does not include any vehicle constructed on a chassis of a type normally used in the construction of a motor lorry.
temporary noise reduction device includes the following exhaust system components that reduces noise:
(a) a valve or other device that is adjustable,(b) a plate, baffle or other device:(i) that is part of a muffler, resonator or the like, and(ii) that is not substantially welded or riveted in place.temporary noise reduction packing means packing or other matter in an exhaust system that reduces noise but which is not permanently sealed in the system by way of welding or rivets.
the Act means the Protection of the Environment Operations Act 1997.
(2) In Part 2, a reference to the noise level or noise emission characteristics of a motor vehicle or other article is a reference to the noise level or noise emission characteristics of the motor vehicle or article when tested in accordance with the provisions of Part 5 and the relevant Parts of Schedule 2.(3) In Part 4, a reference to the noise level of an article is a reference to the noise level of the article when tested in accordance with the provisions of Part 4 and the relevant Parts of Schedule 2.(4) Notes in this Regulation do not form part of this Regulation.