Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
ancillary condition means a condition designated
as an ancillary condition under regulation 19A(1);
noise means noise associated directly with an
approved event and does not include noise normally emitted from a venue (such
as noise from plant, pumps and machinery) when it is not being used for the
purposes of an approved event.
(2) Despite any other
regulation in this Part —
(a) an
approval under subregulation (3) has effect according to its terms; and
(b)
except to the extent that the regulation is applied as a condition under
subregulation (3), regulation 7 does not apply to noise resulting
from an approved event.
(3) Where the CEO is
satisfied that a proposed sporting, cultural or entertainment event that is to
be open to the public —
(a) is
likely to result in the emission of noise in contravention of the standard
prescribed under regulation 7; and
(b)
would lose its character or usefulness if it were required to comply with that
standard,
the CEO may approve
the event, subject to such conditions as the CEO thinks fit, for the purposes
of this regulation.
(4) If a condition,
other than an ancillary condition, imposed on an approved event under
subregulation (3) or (8) is breached —
(a) the
event ceases to be an approved event; and
(b)
regulation 7 has effect in relation to that event.
(5) An approval under
subregulation (3) may extend to a practice or rehearsal or sound system
test relating to an event even though the practice, rehearsal or sound system
test is not open to the public.
(6) An application for
approval under subregulation (3) is to be —
(a) made
not later than 60 days before the event to which the application relates
is proposed to commence; and
(b)
accompanied by an application fee of $1 000.
(7A) Despite
subregulation (6)(a), an application may be made between 59 and
21 days before the event to which the application relates is proposed to
commence if, in addition to the application fee, the application is
accompanied by a late fee equal to one quarter of the application fee.
(7B) Despite
subregulation (6)(a), an application may be made less than 21 days
before the event to which the application relates is proposed to commence
if —
(a) the
CEO is satisfied that there are exceptional circumstances for the application
not being made earlier than within that period; and
(b) in
addition to the application fee, the application is accompanied by a late fee
equal to one quarter of the application fee.
(7) Conditions imposed
under subregulation (3) may —
(a)
limit the duration of practice and rehearsal sessions, sound system tests and
the event; and
(b)
specify starting and completion times for practice and rehearsal sessions,
sound system tests and the event; and
(c)
specify times when facilities such as stages, temporary seating and lighting
towers can be erected and dismantled; and
(d)
specify any other requirements, including maximum allowable noise levels,
considered necessary to maintain the impact of noise emissions on other
premises at an acceptable level.
(8) It is a condition
imposed on the conduct of an approved event that, if the CEO determines that
noise received as a result of the event —
(a) at
any noise sensitive premises is likely to exceed 65 dB L A Slow
between 0700 hours and 1900 hours on any day or 60 dB L A Slow
between 1900 hours on any day and 0700 hours on the following day;
or
(b) at
any other premises is likely to exceed 75 dB L A Slow at any time,
the person to whom the
approval is granted is to pay to the CEO, within the time specified by the
CEO, a noise monitoring fee specified by the CEO.
(9) The CEO may amend
any condition to which an approved event is subject, but must before doing
so —
(a) give
to the person responsible for the conduct of the event at least
14 days’ notice of the proposed amendment to enable the person to
make written representations on the proposal; and
(b)
where the condition was determined under subregulation (13), obtain the
approval of the Minister.
(10) A person to whom
notice of a proposal is given under subregulation (9)(a) may by written
agreement accept the proposal and waive the period of notice.
(11) The CEO is not to
approve the holding of more than 2 approved events in or at a particular venue
in any period of 12 consecutive months unless the CEO is satisfied that the
majority of occupiers on whom the noise emissions will impact have no
objection to the holding of the additional events.
(12) An approval must
not be granted unless —
(a) the
chief executive officer of the local government (the local government CEO ) of
each district in which noise emissions received from the event are likely to
fail to comply with the standard prescribed under regulation 7 has no
objection to the proposed conditions applicable to the approval; or
(b) if
there is such an objection, the objection has been resolved under
subregulation (13).
(13) An objection of a
local government CEO may be resolved by —
(a) the
CEO and the local government CEO agreeing on the conditions applicable to the
approval; or
(b) if
an agreement cannot be reached, the Minister determining the conditions after
receiving the advice of the CEO.
(14) The CEO may, if
satisfied that the noise from approved events held at any 2 or more venues
affects generally the same noise sensitive premises, determine that those
venues are to be treated as a single venue for the purposes of
subregulation (3) in which case subregulation (11) applies to those
venues as if they were one venue.
(15) Despite
subregulation (6)(b), the CEO may, in his or her discretion, waive or
reduce the application fee payable under subregulation (6).
[Regulation 18 amended: Gazette 5 Dec 2013
p. 5700‑4.]