Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
non‑conforming use has the meaning given in
the Planning and Development Act 2005 section 172;
planning scheme means —
(a) a
planning scheme in force under the Planning and Development Act 2005 ;
or
(b) an
approved redevelopment scheme in operation under the
Metropolitan Redevelopment Authority Act 2011 ; or
(c) the
master plan in force under the Hope Valley‑Wattleup Redevelopment
Act 2000 .
(2) Subject to
subregulation (4), the noise that may lawfully be emitted from premises
used for a non‑conforming use when received at any part of noise
sensitive premises that is within 450 m of the first‑mentioned
premises is the same noise that could have been emitted and received in
accordance with regulation 7 if the provisions of the planning scheme
that caused the non‑conforming use had not come into operation.
(3) Subject to
subregulation (4), if a planning scheme is amended with respect to any
land after the coming into operation of these regulations, the noise that may
be lawfully emitted from other premises ( emitting premises ) when received at
any part of noise sensitive premises on the first‑mentioned land that is
within 450 m of the emitting premises is to be determined as
if —
(a) the
premises receiving the noise are noise sensitive premises; but
(b) for
the purposes of Schedule 3, the land on which the premises are situated
has the same use as would have been lawful immediately before the coming into
operation of the amendment to the planning scheme.
(4)
Subregulations (2) and (3) do not apply to premises from which noise is
emitted unless —
(a) an
acknowledgment from the CEO issued under subregulation (8) has effect in
relation to those premises; and
(b) the
occupier of the premises displays a prominent sign visible from outside the
premises from which the noise is emitted detailing the claim made under
subregulation (5) and the acknowledgment of the CEO; and
(c) a
copy of the claim, accompanying documents required under
subregulation (6), and the CEO’s acknowledgment of the claim have
been lodged by the occupier of those premises with the local government for
the area in which the premises are situated.
(5) An occupier of
premises from which noise is emitted may make a claim to the CEO for
acknowledgment that —
(a) the
premises are premises used for a non‑conforming use; or
(b) the
premises are premises —
(i)
from which noise emitted is received at premises on land
in respect of which the planning scheme has been amended; and
(ii)
which have had the same use continuously since the coming
into operation of the amendments to the planning scheme, as they had
immediately before those amendments came into operation.
(6) A claim under
subregulation (5) is to be accompanied by —
(a) a
statutory declaration as to —
(i)
the planning scheme, if any, which applied to the
premises immediately before the coming into operation of the provisions of the
planning scheme that caused the non‑conforming use; or
(ii)
the planning scheme which applied to the premises
receiving the noise immediately before the scheme was amended,
as the case requires;
and
(b) a
statutory declaration as to —
(i)
the planning scheme that caused the non‑conforming
use, or the amendments to the planning scheme referred to in
paragraph (a)(ii), as the case requires; and
(ii)
if the claim is for acknowledgment that the premises are
premises of a kind referred to in subregulation (5)(b), the use of those
premises immediately before they became premises of that kind, and since
becoming such premises;
and
(c)
copies of the relevant planning schemes referred to in paragraphs (a) and
(b).
(7) The statutory
declarations referred to in subregulation (6)(a) and (b) may be made by
the occupier of the premises or by any other person who has the relevant
knowledge.
(8) The CEO is to give
the occupier of premises written acknowledgment of any claim made in
accordance with this regulation.
(9) The CEO may revoke
an acknowledgment at any time if the CEO becomes aware that the use of the
premises in respect of which the acknowledgment was given has changed or that
the acknowledgment was given on the basis of incomplete or incorrect
information.
(10) Any claim
acknowledged by the CEO, accompanying documentation required under
subregulation (6) and the CEO’s acknowledgment are to be available
for public inspection during normal office hours at the public reading room of
the Department.
(11) Any
acknowledgment from the Authority under subregulation (8) issued before
the coming into operation of the Environmental Protection (Noise) Amendment
Regulations 2013 regulation 12 has effect as if it were an
acknowledgment from the CEO.
[Regulation 10 amended: Gazette 5 Dec 2013
p. 5657‑9.]
[Heading inserted: Gazette 5 Dec 2013
p. 5659.]