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ENVIRONMENT PROTECTION AMENDMENT REGULATION 2007 (NO 1) (NO 24 OF 2007)
Environment Protection Amendment Regulation 2007 (No 1)
Subordinate Law SL2007—24
made under the
Environment Protection Act 1997
EXPLANATORY STATEMENT
Overview
The purpose of the Regulation is to update
specific clauses within the Environment Protection Regulation 2005 that were
identified from an operational perspective. The main changes are in relation to
noise.
Clause 1 – Name of regulation
This clause provides that
the name of the regulation is the Environment Protection Amendment Regulation
2007 (No 1).
Clause 2 – Commencement
The regulation
commences on the day after its notification day.
Clause 3 –
Legislation amended
This clause provides that this regulation amends the
Environment Protection Regulation 2005.
Clause 4 –
Section 22 (2) and (3)
This clause specifies that a unit on a territory
lease can be an affected place if the noise is emitted from another unit on the
same territory lease.
This clause also specifies that a person is only
affected by noise if the person complains about the noise to an authorised
officer and the noise level at the affected place exceeds the noise zone
standard set for that place.
Clause 5 – Section 24
(2)
This clause provides for a 5dB reduction of the noise standard for
common wall properties and for units on the same unit plan where the compliance
point is inside the property or unit.
This clause also specifies that the
noise standard on the boundary of a noise zone which adjoins another noise zone
is calculated as the average of the adjoining noise standards rounded up to the
nearest dB(A).
Clause 6 – Section 25 (1)
This clause
specifies that noise is taken to cause environmental harm in an affected place
if the noise emitted from one place in the ACT is louder than noise standard at
the compliance point for the affected place.
Clause 7 – Section
40 (1) (c)
This clause is an offence provision that prohibits a person
from selling an article or things if the sale of that article or thing is
prohibited under the Protection of the Environment Operations Act 1997
(NSW). The adoption of this standard provides consistency with procedures
adopted in NSW.
Clause 8 – Section 40 (2) (b)
This
clause is an offence provision that prohibits a person from hiring out an
article or things if the sale of that article or thing is prohibited under the
Protection of the Environment Operations Act 1997 (NSW). The adoption of
this standard provides consistency with procedures adopted in
NSW.
Clause 9 – Section 64 (1) (c)
This clause
specifies that laboratories which conduct analysis of a pollutant other than
noise must hold National Association of Testing Authorities accreditation for
the analysis of that pollutant.
Clause 10 – New section 67 (2)
(ia)
Under this clause section 47 (5) of the Legislation Act 2001 does
not apply to the Protection of the Environment Operations Act 1997
(NSW).
Clause 11 – Schedule 2, pt 2.3, item 6 (c)
(iv)
This clause specifies that noise being emitted in the course of
building work for which a building approval under the Building Act 2004,
division 3.3 is required, shall not be taken to cause environmental harm if the
noise is emitted between 7am and 6pm Monday to Saturday, excluding public
holidays.
Clause 12 – Schedule 2, pt 2.3, item 19
This
clause specifies that noise being emitted in the course of maintaining a utility
service shall not be taken to cause environmental harm if the noise is emitted
between 7am and 10pm Monday to Saturday, or between 8am and 10pm on Sunday or a
public holiday, or the repairs are made during an
emergency.
Clause 13 – Dictionary, definition of primary
production
This clause provides for the definition of primary
production.