Australian Capital Territory Repealed Acts

This legislation has been repealed.

NOISE CONTROL ACT 1988

TABLE OF PROVISIONS

           Table of Amendments
           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Noise Control Act 1988.1  
   2.      2.1 (1) Section 1 and this  
   4.      Nothing in this Act or the regulations shall be taken to affect the common law rules relating to liability for nuisance.  
   5.      (1) In this Act, unless the contrary intention appears—“audiometric test” means the measurement of the threshhold of hearing of each ear of a person, using a pure tone as the test sound and air as the conductive medium; “Authority” means the Pollution Control Authority established by the Air Pollution Act 1984; “background noise”, in relation to premises or an article, means the ambient noise measured at or near the premises or article in the absence of noise that is alleged to be excessive in relation to the premises or article; “daily noise dose”, in relation to a person who is present on premises, means the sum of the partial noise doses, measured over a continuous period of 24 hours, which the person receives while present on those premises; “excessive noise” means—  
   6.      T  

   PART II--CONTROL OF NOISE

   7.      (1) The Authority may, by instrument in writing, appoint persons to be inspectors for the purposes of this Act.  
   8.      (1) The Authority shall cause to be issued to each person appointed under subsection 7 (1) an identity card that specifies the name and appointment of the person and to which is attached a recent photograph of the person.  
   9.      A person who sells a prescribed article that, when in operation, emits noise that exceeds the level prescribed in respect of articles of the class in which the first-mentioned article is included is guilty of an offence punishable, on conviction, by a fine not exceeding—  
   10.     A person who sells a prescribed article to which there is not attached as prescribed a label of the prescribed kind containing the notice prescribed in respect of the class of articles in which the first-mentioned article is included is guilty of an offence punishable, on conviction, by a fine not exceeding—  
   11.     (1) The occupier of premises shall not permit the use on those premises of an intruder alarm, being an alarm installed on or after a date specified by the Authority by notice in the Gazette for the purposes of this section, that emits noise that is audible outside the premises unless the alarm is so constructed and regulated that—  
   12.     (1) Where excessive noise is being or has been emitted from premises, an inspector may, by notice in writing given to the occupier of the premises, direct that the occupier neither cause nor permit excessive noise to be emitted from the premises during a specified period.  
   13.     A noise direction notice shall specify—  
   14.     (1) An occupier of premises to whom a noise direction notice has been given may apply in writing to the Authority for the Authority to vary the date on which the period for which the notice is to be in force commences by substituting a later date.  
   15.     An occupier of premises shall not, while a noise direction notice is in force in respect of the premises, cause or permit noise to be emitted from the premises in contravention of the notice.  
   16.     (1) A person may apply in writing to the Authority for exemption from the provisions of section 12 in respect of non-domestic premises.  
   17.     (1) The Authority shall cause a manual, called the Noise Control Manual, to be prepared.  
   18.     (1) The Minister may, by notice published in the Gazette, approve the Manual or an amendment of the Manual.  
   19.     The Minister shall cause the Manual and each amendment of the Manual to be published within 14 days after the date of publication of the notice of approval of the Manual or amendment, as the case requires.  
   20.     The Manual, and any amendment to the Manual, are disallowable instruments for the purposes of section 10 of the Subordinate Laws Act 1989.  
   21.     Unless the contrary intention appears, expressions used in the Manual have the same respective meanings as they would have if the Manual were regulations made under this Act.  
   22.     (1) The Authority shall keep a copy of the Manual at his or her office at all times.  
   23.     (1) In any proceedings in a court, a book purporting to be a copy of the Manual that bears a certificate signed by the Authority stating that the book is a true copy of the Manual as in force on the day or during the period specified in the certificate is evidence of the contents of the Manual as in force on that day or during that period, as the case may be.  
   24.     (1) Where background noise in relation to premises is measured in accordance with the Manual as in force at the time of measuring, the level of background noise so ascertained is evidence that background noise at that level existed in relation to those premises at that time.  
   25.     (1) For the purposes of this Division, a thing is connected with a particular offence if it is—  
   26.     (1) The Authority or an inspector may, at any reasonable hour of the day or night, with such assistance as is necessary and reasonable, enter upon or into any premises (other than residential premises) for the purpose of ensuring that the provisions of this Act and the regulations are being complied with.  
   27.     The Authority or an inspector may enter upon or into any premises and may search for, and exercise his or her powers under subsection 26 (3) in relation to, any thing that he or she believes on reasonable grounds to be connected with an offence against this Act that is found on or in the premises if, and only if, the search is made and those powers are exercised—  
   28.     (1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be upon or in any premises a thing of a particular kind connected with a particular offence against a provision of this Act, and the information sets out those grounds, the Magistrate may issue a search warrant authorising the Authority or the inspector named in the warrant, with such assistance as is necessary and reasonable and with such force as is necessary and reasonable—  
   29.     (1) Before obtaining the consent of a person for the purposes of section 27, the Authority or an inspector shall inform the person that he or she may refuse to give his or her consent.  
   30.     (1) In addition to the powers conferred on the Authority and an inspector by subsection 26 (3), the Authority or inspector who has entered premises pursuant to a provision of this Act may, where he or she has reasonable grounds for believing that an article is a prescribed article and is intended for sale—  
   31.     A person who, without reasonable excuse—  

   PART III--HEARING CONSERVATION

   32.     This Part applies in relation to any premises at which a person is employed.  
   33.     (1) Where the Authority has reasonable grounds for believing that the level of noise to which a person is exposed in the course of his or her employment exceeds 85 decibels, the Authority may, by notice in writing given to the person's employer, direct the employer to ascertain, within a specified period, the noise levels or the daily noise doses, or both, to which persons employed by the employer are exposed.  
   34.     (1) Where—  
   35.     (1) An employer shall ensure that all noise control equipment installed on premises, or provided by the employer, is maintained properly and operated efficiently.  
   36.     (1) Where any employer provides an employee with a hearing protector—  
   37.     (1) Where the Authority has reasonable grounds for believing that the level of noise to which a person is exposed in the course of his or her employment exceeds 85 decibels, the Authority may, by notice in writing given to the person's employer, require the employer to arrange, within a specified reasonable period, an audiometric test for all or some of the employer's employees.  
   38.     (1) Where an employer becomes aware that an employee of that employer—  
   39.     (1) Where—  
   40.     (1) Subject to subsection (2), an employer may apply to the Authority for exemption from the requirements of section 39.  
   41.     (1) An employer shall—  
   42.     (1) The Authority may, by notice in writing given to an employer, require the employer to furnish to the Authority, within a specified period—  

   PART IV--MISCELLANEOUS

   43.     Where the Authority grants or revokes an exemption under section 16, or grants, revokes or varies an exemption under section 40, notice of the granting, revocation or variation shall be published in the Gazette.  
   44.     (1) Application may be made to the Administrative Appeals Tribunal for a review of a decision of an inspector—  
   45.     (1) Where—  
   46.     (1) Where, in proceedings under this Act in respect of conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a person by whom the conduct was engaged in within the scope of the person's actual or apparent authority, had that state of mind.  
   47.     In proceedings for an offence against this Act, a certificate purporting to be signed by the Authority or an inspector and stating—  
   48.     (1) A document that is required by this Act to be lodged with, or given to, the Authority may be so lodged or given—  
   50.     The Executive may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, may make regulations—  
           ENDNOTES