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ENVIRONMENT PROTECTION AMENDMENT REGULATION 2009 (NO 1) (NO 29 OF 2009)
2009
THE LEGISLATIVE
ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
ENVIRONMENT PROTECTION
AMENDMENT
REGULATION 2009 (No 1)
SL2009-29
EXPLANATORY
STATEMENT
Circulated with the authority of
Simon Corbell
MLA
Minister for the Environment, Climate Change and Water
Environment Protection Amendment Regulation 2009 (No 1)
This regulation amends the Environment Protection Regulation 2005. It
gives the Minister the power to approve a noise measurement manual, applicable
to the ACT, which outlines the procedures to be followed when measuring noise
for the purposes of the Environment Protection Act 1997 and Environment
Protection Regulation 2005.
The noise measurement manual will replace the
current reference to the Environmental Noise Control Manual, published by the
NSW Environment Protection Authority under the Protection of the Environment
Administration Act 1991. This NSW manual is out of date.
Clause 1 provides that the regulation is the Environment
Protection Amendment Regulation 2009 (No 1).
Under Clause 2 the regulation commences on the day after its
notification day.
The regulation amends the Environment Protection Regulation 2005. (See
Clause 3).
Clause 4 inserts new section 29A. This section provides that the
Minister may approve a manual (the noise measurement manual) for the measurement
of noise under the Environment Protection Act 1997 and the Environment
Protection Regulation 2005 (EP Regulation).
It specifies the provisions
the noise measurement manual may make (including procedures, instruments and
modifying factors for measuring noise). It also makes the noise measurement
manual a disallowable instrument.
Clause 5 amends section 31(b) of the EP Regulation and effectively
replaces the noise control manual with the noise measurement manual.
Clause 6, Section 31 (b), note 2 refers the reader to section 29A of
the EP Regulation for the meaning of a noise measurement
manual.
Clause 7 amends section 67 (2) (g) of the EP
Regulation to omit the reference to the Protection of the Environment
Administration Act 1991 (NSW). This reflects the change under this
regulation from the noise control manual published under the above Act to the
(Ministerial approved) noise measurement manual.
Clause 8 inserts a new Part 12. This Part continues the operation of
the NSW Environmental Noise Control Manual until the Minister approves the noise
measurement manual and that manual commences operation.
The
Environmental Noise Control Manual (NSW) has been incorporated into this
regulation. Section 47(5) of the Legislation Act provides that an incorporated
document is a notifiable instrument. This means the Environmental Noise Control
Manual (NSW) must be notified on the legislation register, which includes making
it electronically available, unless section 47(5) of the Legislation Act is
disapplied.
It would be administratively unworkable to make the
Environmental Noise Control Manual (NSW) accessible electronically. For that
reason section 47(5) of the Legislation Act is disapplied under section
100(2).
The new section 101 means that the manual is available for
inspection from the Environment Protection Authority at any reasonable
time.
The regulation also provides definitions of the approval day and
noise control manual under the new section 100 of the Environment Protection
Regulations.
This transitional Part 12 expires on 1 January 2010.
Clause 9 replaces the old Schedule 2, table 2.3, item 10 with a
new item 10 for mobile selling. The old item 10 dealt with noise emitted in the
course of mobile selling and referred to the noise control manual. With the
commencement of the noise measurement manual that reference will be
redundant.
Clause 10 omits the definition of noise control manual from the
dictionary. It inserts a new definition, that of the noise measurement manual,
by referring readers to section 29A.