Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations"Act" means the Environment Protection Act 1997 .
"affected land" means a parcel of land (whether inside or outside the Territory) a person on which is affected by excessive noise, but does not include—
(a) if the noise is being emitted from a parcel of leased land—that land; or
(b) a road, footpath or cycleway.
"affected occupier" means an occupier of affected land and, in relation to affected land that is—
(a) unleased land; or
(b) public land within the meaning of section 153 of the Crown Lands Act 1989 (NSW);
and includes a person who is lawfully on that land.
"agvet chemical product" means—
(a) an agricultural chemical product; or
(b) a veterinary chemical product;
within the meaning of the Agvet Code.
"Agvet Code" means the Agricultural and Veterinary Chemicals Code as in force for the time being under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth).
"approval", in relation to an activity, means a licence, lease, permit or other instrument (however described) under a Territory law authorising the conduct of the activity on specified public land.
"building work" means building work for which a building approval under Part 3 of the Building Act 1972 is required.
"built-up area" means an area declared under the Bushfire Act 1936 to be a built-up area.
"CFC" means a chlorofluorocarbon mentioned in Part I of Schedule 1 of the Ozone Protection Act 1989 (Cwlth), whether existing alone or in a mixture.
"chimney" means a structure or opening designed to permit the emission of pollutants into the air from premises, whether or not the chimney is structurally part of the premises.
"compliance location"—see regulation 25.
"essential service" means the provision of electricity or any other service that is prescribed as an essential service under the Essential Services (Continuity of Supply) Act 1992 .
"excessive noise" means noise that, under regulation 27, is to be taken to have an adverse impact on the environment.
"halon" means a halon mentioned in Part II of Schedule 1 to the Ozone Protection Act 1989 (Cwlth), whether existing alone or in a mixture.
"HCFC" means a hydrochlorofluorocarbon mentioned in Part V of Schedule 1 to the Ozone Protection Act 1989 (Cwlth), whether existing alone or in a mixture.
"methyl chloroform" means the substance mentioned in Part IV of Schedule 1 of the Ozone Protection Act 1989 (Cwlth).
"national emission guidelines" means the guidelines called the ‘National guidelines for control of emission of air pollutants from new stationary sources 1985' published by or on behalf of the Australian Environment Council and the National Health and Medical Research Council.
"noise zone", in relation to a parcel of land to which a land use policy mentioned in column 2 of table 1 in Schedule 2 applies, means the noise zone mentioned in column 1 opposite that land use policy.
"non-scheduled PCB material" means any material that contains PCBs in a measure that is less than the threshold concentration or threshold quantity but is greater than 2mg per kg.
"NRA" means the National Registration Authority for Agricultural and Veterinary Chemicals under the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cwlth).
"NSW Authority" means the Environment Protection Authority under the Protection of the Environment Administration Act 1991 (NSW).
"NSW Noise Control Act" means the Noise Control Act 1975 (NSW), and includes any regulations in force for the time being under that Act.
"NSW noise control manual" means—
(a) the manual called the ‘Environmental Noise Control Manual', published by or on behalf of the NSW Authority, as varied and in effect for the time being; and
(b) if the manual has been replaced by an equivalent publication—that publication, as varied and in effect for the time being.
"PCB" means a polychlorinated biphenyl with the chemical formula C 12 H 10-n Cl n , where n is any whole number in the range from and including 1 to and including 10.
"PCB material" means scheduled or non-scheduled PCB material.
"permitted agvet chemical product" means an agvet chemical product that is the subject of a permit under Part 7 of the Agvet Code.
"premises" includes vacant land, vehicles, vessels and aircraft.
"protocol" means a national environment protection protocol within the meaning of the national scheme laws, and includes a national environment protection protocol in a national environment protection measure made by the National Environment Protection Council and in force from time to time under those laws.
"registered agvet chemical product" means an agvet chemical product that is registered under Part 2 of the Agvet Code.
"scheduled PCB material" means any material that contains PCBs in a measure that is equal to or greater than the threshold concentration and threshold quantity.
"sole occupancy unit" means a part of a building for which a person has an exclusive right of occupation.
"standard" means a national environment protection standard within the meaning of the national scheme laws, and includes a national environment protection standard in a national environment protection measure made by the National Environment Protection Council and in force from time to time under those laws.
"threshold concentration" means a concentration of PCB material at 50mg per kg.
"threshold quantity" means 50g of PCB material.
"zone noise standard", in relation to noise being emitted in a noise zone during a period mentioned in column 3A, 3B, 3C or 3D of table 1 in Schedule 2, means the zone noise standard mentioned in that column opposite that noise zone.”.
Endnotes
Act amended
1 Republished as in force on 31 May 2000 (Republication No 1).
Regulations amended
2 Republished as in force on 12 June 2000 (Republication No 1).
Notification
3 Notified in Gazette 2000 No 38 on 21 September 2000.
© Australian Capital Territory 2003