Western Australian Current Regulations

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ENVIRONMENTAL PROTECTION (NOISE) REGULATIONS 1997 - REG 2

2 .         Terms used

        (1)         In these regulations, unless the contrary intention appears — 

        amusement structure means equipment operated for hire or reward that provides entertainment or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment or move the equipment through self‑powered motion;

        assigned level means a noise level determined under regulation 8;

        blasting means the use of explosive materials to fracture — 

            (a)         rock, coal and other minerals for later recovery; or

            (b)         structural components or other items to facilitate removal from a site or for reuse;

        caravan park or camping ground means —

            (a)         a caravan park or camping ground licensed or taken to be licensed under the Caravan Parks and Camping Grounds Act 1995 ; or

            (b)         a caravan park or camping ground that is operated by a public sector body as defined in the Public Sector Management Act 1994 section 3(1); or

            (c)         a camping area as defined in the Conservation and Land Management Regulations 2002 regulation 2;

        commercial premises means premises — 

            (a)         referred to in Part B of Schedule 1; and

            (b)         that are not premises, or part of premises, referred to in Part A of Schedule 1;

        industrial and utility premises means premises referred to in Part A of Schedule 1;

        L A Slow means the reading in decibels (dB) obtained using the “A” frequency weighting characteristic and the “S” time weighting characteristic, as specified in AS IEC 61672.1‑2004 Electroacoustics‑Sound level meters Part 1: Specifications, for class 1 and class 2 meters, with sound measuring equipment that complies with the requirements of Schedule 4;

        local government means a local government within the meaning of the Local Government Act 1995 ;

        measured , in relation to the measurement of a noise emission, means measured and adjusted in accordance with these regulations;

        mine operator has the meaning given in the Work Health and Safety (Mines) Regulations 2022 regulation 5C;

        noise sensitive premises means premises that — 

            (a)         are referred to in Schedule 1 Part C; and

            (b)         are not premises, or part of premises, referred to in Schedule 1 Part A or Part B;

        noise sensitive purpose , in relation to a building, or part of a building, on noise sensitive premises, means —

            (a)         a residential or accommodation purpose; or

            (b)         a purpose set out in Schedule 1 Part C item 3;

        public holiday , in relation to premises or a public place in any area means a public holiday under the Public and Bank Holidays Act 1972 in that area or throughout the State;

        representative assessment period means a period of time of not less than 15 minutes, and not exceeding 4 hours, determined by an inspector or authorised person to be appropriate for the assessment of a noise emission, having regard to the type and nature of the noise emission;

        rural premises means premises used primarily for pastoral or agricultural purposes on land classified or zoned agricultural or rural use, or for rural lifestyle living, under a planning scheme as defined in the Planning and Development Act 2005 section 4(1);

        surface mining operations means mining operations within the meaning of the Work Health and Safety (Mines) Regulations 2022 that are not underground.

        (2)         In these regulations — 

            (a)         AS or AS/NZS followed by a designation is a reference to an Australian Standard having that designation that is published by Standards Australia as amended from time to time, and includes a reference to an Australian Standard made in substitution for the standard specified in the regulation;

        [(b)         deleted]

            (c)         a reference to IEC followed by a designation is a reference to an International Electrotechnical Commission publication having that designation as amended from time to time and includes a reference to an International Electrotechnical Commission Standards Publication made in substitution for the publication specified in the regulation.

        [Regulation 2 amended: Gazette 5 Dec 2013 p. 5647‑9; SL 2022/25 r. 4.]



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