Western Australian Current Regulations Western Australian Current Regulations (1) The occupier of a
shooting venue may apply to the CEO for approval of —
(a) a
noise management plan for the venue; or
(b) an
amendment of an approved noise management plan for the venue.
(2) An application for
approval under subregulation (1) is to be accompanied by an application
fee of $500, but the CEO may, in his or her discretion, waive or reduce the
fee.
(3) The CEO may, in
writing —
(a) if
the application is for the approval of a noise management plan —
approve, or refuse to approve, the noise management plan for the shooting
venue; or
(b) if
the application is for an amendment of an approved noise management plan,
approve, or refuse to approve, the amendment.
(4) Before making a
decision under subregulation (3) the CEO —
(a) must
give the following a reasonable opportunity to make a submission on whether or
not the plan or amendment should be approved —
(i)
the occupier of any noise sensitive premises within
1 km of the shooting venue;
(ii)
the local government of each district in which noise
emissions received from the venue are likely to fail to comply with the
standard prescribed under regulation 7;
and
(b) may
give any other person the CEO considers appropriate in the circumstances a
reasonable opportunity to make a submission on whether or not the plan or
amendment should be approved.
(5) An approval of a
noise management plan under subregulation (3) —
(a) may
be granted subject to conditions imposed by the CEO; and
(b)
subject to subregulation (6) and regulation 16BC, has effect for the
period specified in the approval.
(6) If the occupier of
a shooting venue for which an approved noise management plan (the current plan
) has effect applies for approval of a new noise management plan for the venue
not later than 3 months before the current plan would, apart from this
regulation, cease to have effect (the expiry day ), the current plan is taken
to continue in effect from the expiry day until —
(a) if
the CEO approves the new noise management plan — the day on which
the new plan has effect; or
(b)
if —
(i)
the CEO refuses to approve the new noise management plan;
and
(ii)
at the end of the period within which an appeal against
the decision may be lodged under regulation 16BE, no appeal has been
lodged,
the day after that
period ends; or
(c)
if —
(i)
the CEO refuses to approve the new noise management plan;
and
(ii)
an appeal is lodged under regulation 16BE against
the decision to refuse to approve the new noise management plan,
the day the appeal is
concluded.
(7) The CEO must not
approve a noise management plan for a shooting venue unless the
plan —
(a)
contains a map (current at the time of the application) showing the shooting
venue, including all shooting ranges and buildings within the venue; and
(b)
contains a description of the types of shooting disciplines that can
reasonably be expected to be conducted on each range at the venue; and
(c) sets
out limitations on shooting activities to be conducted at the venue and the
times during which shooting activities may be conducted; and
(d)
contains details of reasonable and practicable measures to be implemented to
control noise emissions at the venue during a shooting activity at the venue;
and
(e)
contains details of when and the manner in which notice of shooting activities
at the venue is to be published or distributed to members of the public; and
(f)
specifies the persons who will be responsible for implementing the approved
noise management plan and sets out each person’s responsibilities; and
(g)
contains a complaint response procedure.
(8) For the purposes
of subregulation (7)(f), the plan may —
(a)
specify a person by name; or
(b)
specify a particular officer, or the holder of a particular office, by
reference to the title of the office concerned.
(9) Regulation 7
does not apply to noise emitted from a shooting venue during the conduct of a
shooting activity at the venue if the shooting activity is conducted in
accordance with an approved noise management plan, excluding any ancillary
measure, for the venue.
[Regulation 16BA inserted: Gazette 5 Dec 2013
p. 5681‑4.]