Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 86

86 .         Manufacture, sale etc. of products emitting excessive noise

        (1)         The occupier of any premises where there is manufactured, assembled, supplied, distributed, stored or sold —

            (a)         any new equipment, other than a vehicle or vessel, which is powered by internal combustion or electricity or operated by hydraulic or pneumatic means; or

            (b)         any vehicle or vessel,

                which when operated under prescribed test conditions emits noise that does not comply with the noise emission standard prescribed for the purposes of this subsection in respect of the type of equipment, vehicle or vessel to which that equipment, vehicle or vessel belongs commits an offence.

        (2)         The occupier of any premises where there is sold any equipment which is required by or under this Act —

            (a)         to be fitted or equipped with any device so as to prevent or minimise the emission of noise, without that device being so fitted or equipped; or

            (b)         to be fitted with a prescribed plate, label or other marking stating such information as is prescribed, without that plate, label or marking being so fitted,

                commits an offence.

        (3)         The occupier of any premises on which there is sold any noise control device which, when fitted to any equipment in accordance with the fitting instructions of the manufacturer of that device and operated under prescribed test conditions, does not prevent the equipment from emitting noise that does not comply with the noise emission standard prescribed for the purposes of this subsection in respect of the type of equipment to which the equipment belongs commits an offence.

        (4)         A person who is convicted of an offence under subsection (1) in respect of any equipment, vehicle or vessel may, if the person did not cause the deficiency in the equipment, vehicle or vessel which led to that conviction, recover from the person who supplied the equipment, vehicle or vessel to the person so convicted the cost to the person so convicted of being supplied with the equipment, vehicle or vessel, together with the amount of the penalty imposed on the person so convicted in respect of that offence, by action in a court of competent jurisdiction.

        [Section 86 amended: No. 40 of 2020 s. 111(1).]

        [Heading inserted: No. 54 of 2003 s. 87.]