(1) Without limiting
section 3(3)(a) of the Act and subject to subregulation (2), noise
emitted in contravention of a standard prescribed under regulation 7 or
11 is to be taken to be unreasonable.
(2) Noise is not to be
taken to be unreasonable under subregulation (1) if the person causing
the noise emission shows that —
(a) by
virtue of regulation 12, 13, 14A, 14, 15, 16AA(9), 16BA(9) or 16(3),
regulation 7 does not apply to the noise emitted; or
(b) the
noise is emitted in accordance with an approval granted under
regulation 18B, 18 or 19B.
[Regulation 5 inserted: Gazette 5 Dec 2013
p. 5652.]