Australian Capital Territory Numbered Regulations

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ENVIRONMENT PROTECTION REGULATION 2005 (NO 38 OF 2005) - REG 39

Offence to make noise louder than noise standard

    (1)     A person commits an offence if—

        (a)     the person makes noise in the ACT; and

        (b)     the noise causes environmental harm in an affected place.

Maximum penalty: 10 penalty units.

Examples of making noise

1     playing a musical instrument

2     using portable loudspeakers

3     using a leaf blower or vacuum

4     using a power tool

Note 1     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Note 2     Making noise will only cause environmental harm in an affected place if the noise level is louder than the noise standard for the compliance point for the place from which it is emitted (see s 25). Also, the noise standard for the point may be different at different times of day (see sch 2, table 2.2).

    (2)     A person commits an offence if—

        (a)     the person is an occupier of a place in the ACT; and

        (b)     noise is emitted from a thing in the place; and

        (c)     the noise causes environmental harm in an affected place.

Maximum penalty: 10 penalty units.

Examples of things that emit noise

1     a swimming pool or spa pump

2     an airconditioner

3     a building intruder alarm

4     a motor vehicle intruder alarm



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