substitute
(3) For subsection (1), a person at a place (the first place ) is affected by noise being emitted from another place in the ACT ("emitted noise") if—
(a) the person is an occupier of the first place (an affected person ); and
(b) the affected person complains about the emitted noise to an authorised officer; and
(c) the noise level at the first place, as a result of the emitted noise, exceeds the noise standard for the first place.
(4) In this section:
"occupier", of a place, includes a person who is lawfully at a place that is on—
(a) unleased land; or
(b) public land under the Crown Lands Act 1989
(NSW), section 153, as in force from time to time.