Western Australian Current Regulations

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ENVIRONMENTAL PROTECTION (NOISE) REGULATIONS 1997 - REG 12

12 .         Rural premises

        (1)         In this regulation — 

        farming vehicle means a motor vehicle which is used for, or in association with, soil preparation and cultivation, land drainage and water management, crop seeding and planting, crop spraying and fertilisation, pest management, produce harvesting or stock management.

        (2)         This regulation does not apply to noise emitted from a farming vehicle — 

            (a)         on premises used for intensive animal husbandry, poultry farming or dog kennels; or

            (b)         used for pumping water for crop or pasture irrigation, stock watering or land drainage.

        (3)         Regulation 7 does not apply to noise emitted from a farming vehicle on rural premises at any time between sunrise and sunset if the farming vehicle complies with subregulation (5).

        (4)         Regulation 7 does not apply to noise emitted from a farming vehicle on rural premises at any time between sunset and sunrise if — 

            (a)         the farming vehicle complies with subregulation (5); and

            (b)         the occupier of the premises shows that it was reasonably necessary for the vehicle to be operated at that time and not between sunrise and sunset.

        (5)         A farming vehicle complies with this subregulation if the occupier of the premises shows that the vehicle, including its noise reduction system, has been maintained to a reasonable standard.

        [Regulation 12 amended: Gazette 5 Dec 2013 p. 5663.]



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