Australian Capital Territory Consolidated Regulations Australian Capital Territory Consolidated RegulationsSchedule 2 Noise zones, noise standards and conditions
Note Noise emitted from land in the ACT may affect NSW land. Accordingly, this regulation prescribes the noise standard for certain NSW land.
In this part:
"broadacre zone" means an area designated as a broadacre zone in the territory plan.
"Central National Area (City)" means the area designated as Central National Area (City) in the national capital plan.
Note See s 67 (Displacement of Legislation Act, s 47 (5) and (6)).
"Central National Area (Fairbairn)" means the area designated as Central National Area (Fairbairn) in the national capital plan.
Central National Area (The Parliamentary Zone; Barton; sections 39, 40 and 41 of Yarralumla; Acton; Anzac Parade and Constitution Avenue; Russell; Duntroon, ADFA and Campbell Park; Development Nodes and Clubs of Lake Burley Griffin and Foreshores) means the area of that name in the national capital plan.
"city centre" means the area identified as the city centre in the City Centre Precinct Code in the territory plan.
commercial CZ4 zone means an area designated as a commercial CZ4 (Local Centres Zone) zone in the territory plan.
commercial CZ5 zone means an area designated as a commercial CZ5 (Mixed Use Zone) zone in the territory plan.
"community facility zone "means an area designated as a community facility zone in the territory plan.
"group centre" means an area identified as a group centre in the Group Centres Precinct Code in the territory plan.
"industrial zone" means an area designated as an industrial zone in the territory plan.
"leisure and accommodation zone" means an area designated as a leisure and accommodation zone in the territory plan.
"national capital plan" means the national capital plan as in force from time to time.
Note National capital plan is defined in the Legislation Act, dict, pt 1.
"office site" means an area identified as an office site outside the city centre, group centres and town centres in the territory plan.
"Queanbeyan city business zone" means a business zone under the Queanbeyan Local Environmental Plan 1998 , as in force from time to time, made under the Environmental and Planning Assessment Act 1979 (NSW).
Note See s 67 (Displacement of Legislation Act, s 47 (5) and (6)).
"Queanbeyan city industrial zone" means an industrial zone under the Queanbeyan Local Environmental Plan 1998 , as in force from time to time, made under the Environmental and Planning Assessment Act 1979 (NSW).
"Queanbeyan city special uses zone" means a special uses zone under the Queanbeyan Local Environmental Plan 1998 , as in force from time to time, made under the Environmental and Planning Assessment Act 1979 (NSW).
"restricted access recreation zone" means an area designated as a restricted access recreation zone in the territory plan.
"town centre "means an area identified as a town centre in the Town Centres Precinct Code in the territory plan.
TSZ2 services zone means an area identified as a TSZ2 (Services Zone) zone in the territory plan.
Table 2.1
|
column 1 item |
column 2 noise zone |
column 3 ACT land |
column 4 NSW land |
|---|---|---|---|
|
1 |
zone A |
land in an industrial zone |
land in the Queanbeyan city industrial zone |
|
2 |
zone B |
land in the city centre and town centres |
land in the Queanbeyan city business zone |
|
land in the Central National Area (City) | |||
|
3 |
zone C |
land in group centres and office sites | |
|
land in the Central National Area (The Parliamentary Zone; Barton; sections 39, 40 and 41 of Yarralumla; Acton; Anzac Parade and Constitution Avenue; Russell; Duntroon, ADFA and Campbell Park; Development Nodes and Clubs of Lake Burley Griffin and Foreshores) | |||
|
4 |
zone D |
land in a commercial CZ4 zone | |
|
5 |
zone E |
land in— • a restricted access recreation zone • a broadacre zone | |
|
6 |
zone F |
land in— • a commercial CZ5 zone • a TSZ2 services zone • a community facility zone • a leisure and accommodation zone |
land in the Queanbeyan city special uses zone |
|
7 |
zone G |
all areas other than Central National Area (Fairbairn) |
other NSW land |
Note The territory plan is available at www.actpla.act.gov.au.
Table 2.2
|
column 1 item |
column 2 |
column 3 noise standard (dB(A)) Monday-Saturday Sunday and public holiday 8am-10pm |
column 4 noise standard (dB(A)) Monday-Saturday Sunday and public holiday 10pm-8am |
|---|---|---|---|
|
1 |
zone A |
65 |
55 |
|
2 |
zone B |
60 |
50 |
|
3 |
zone C |
55 |
45 |
|
4 |
zone D |
50 |
35 |
|
5 |
zone E |
50 |
40 |
|
6 |
zone F |
same as the noise standard for the adjoining noise zone with the loudest noise standard for the time period | |
|
7 |
zone G |
45 |
35 |
(1) In this part:
"building intruder alarm" means a device that—
(a) incorporates or connects to a sounding device; and
(b) on being triggered, causes the sounding device to emit sound.
"habitable room" means a room other than a garage, storage area, bathroom, laundry, toilet or pantry.
"major road" means an area identified in the territory plan as being in the transport zone.
Note The territory plan is available at www.actpla.act.gov.au.
"motor vehicle intruder alarm" means a device that—
(a) incorporates or connects to a sounding device; and
(b) on being triggered, causes the sounding device to emit sound; and
(c) is attached to, or forms part of, a motor vehicle for use as an intruder alarm (whether or not the device is also designed to deny access to the motor vehicle or to the motor vehicle's steering, fuel or other systems).
"reserved area"—see the Nature Conservation Act 1980 , dictionary.
Note Reserved areas include wilderness areas, national parks and nature reserves.
"territory service"—see the Utilities Act 2000 , section 226.
Note Territory service includes stormwater and streetlighting services.
"utility service"—see the Utilities Act 2000 , dictionary.
Note Utility service includes electricity, gas, water and sewerage services.
(2) For this part, an intruder alarm that sounds intermittently is taken to sound continuously for the purpose of measuring the period of time for which it sounds.
Table 2.3
|
column 1 item |
column 2 noise |
column 3 conditions |
|---|---|---|
|
1 |
noise emitted in the course of primary production |
(a) the noise is emitted— (i) between 7 am and 10 pm on Monday to Saturday; or (ii) between 8 am and 10 pm on Sunday or a public holiday; and (b) the equipment used is maintained and operated in accordance with the manufacturer's instructions. |
|
2 |
noise emitted in the course of managing a reserved area |
(a) the noise is emitted— (i) between 7 am and 10 pm on Monday to Saturday; or (ii) between 8 am and 10 pm on Sunday or a public holiday; and (b) the equipment used is maintained and operated in accordance with the manufacturer's instructions. |
|
3 |
noise emitted in the course of maintaining a garden or grounds on residential land |
(a) the noise is emitted— (i) between 7 am and 8 pm on Monday to Saturday; or (ii) between 8 am and 8 pm on Sunday or a public holiday; and (b) the equipment used is maintained and operated in accordance with the manufacturer's instructions. |
|
4 |
noise emitted in the course of maintaining a garden or grounds on land other than residential land |
(a) the noise is emitted— (i) between 7 am and 10 pm on Monday to Saturday; or (ii) between 8 am and 10 pm on Sunday or a public holiday; and (b) the equipment used is maintained and operated in accordance with the manufacturer's instructions. |
|
5 |
noise emitted in the course of maintaining or repairing something |
(a) the noise is emitted— (i) between 7 am and 8 pm on Monday to Saturday; or (ii) between 8 am and 8 pm on Sunday or a public holiday; and (b) any noise exceeding a zone noise standard is emitted for periods totalling not more than 40 hours in any 8-week period; and (c) the equipment used is maintained and operated in accordance with the manufacturer's instructions. |
|
6 |
noise emitted in the course of building work for which a building approval under the Building Act 2004 , division 3.3 is required |
(a) all of the following: (i) the noise is emitted from a place in noise zone A or B; and (ii) all relevant noise reduction measures mentioned in Australian Standard 2436, as in force from time to time, are implemented; and (iii) the noise is emitted between 6 am and 8 pm; or (b) all of the following: (i) the noise is emitted from a place other than a place in noise zone A or B; and (ii) the building work will be finished within 2 weeks after the day it started; and (iii) all relevant noise reduction measures mentioned in Australian Standard 2436, as in force from time to time, are implemented; and (iv) the noise is emitted— (A) between 7 am and 8 pm on Monday to Saturday; or (B) between 8 am and 8 pm on Sunday or a public holiday; or (c) all of the following: (i) the noise is emitted from a place other than a place in noise zone A or B; and (ii) the building work will not be finished within 2 weeks after the day it started; and (iii) all relevant noise reduction measures mentioned in Australian Standard 2436, as in force from time to time, are implemented; and (iv) the noise is emitted between 7 am and 6 pm on Monday to Saturday, excluding public holidays. |
|
7 |
noise emitted in the course of— (a) building work for which a building approval under the Building Act 2004, division 3.3 is not required; or (b) internal building work; or (c) maintenance and repair work on a building. |
(a) the noise is emitted— (i) between 7 am and 8 pm on Monday to Saturday; or (ii) between 8 am and 8 pm on Sunday or a public holiday; and (b) the noise level at the affected place is only louder than the noise standard for the affected place at the time when the noise is emitted for less than 40 hours in an 8-week period; and (c) the equipment used is maintained and operated in accordance with the manufacturer's instructions. |
|
8 |
noise emitted by a motor vehicle intruder alarm in a motor vehicle |
(a) the alarm is sounded, whether continuously or intermittently— (i) for a motor vehicle manufactured before 1 September 1997—for less than 90 seconds after the alarm first sounds; or (ii) for a motor vehicle manufactured on or after 1 September 1997—for less than 45 seconds after the alarm first sounds; or (b) a window or windscreen in the motor vehicle is broken or removed; or (c) the motor vehicle is involved in an accident; or (d) the motor vehicle is illegally broken into; or (e) there is an illegal attempt to break into the motor vehicle. |
|
9 |
noise emitted by a building intruder alarm in premises |
(a) for an alarm installed before 1 December 1997— (i) it automatically ceases to sound, whether continuously or intermittently, within 10 minutes after being activated by a detection device; and (ii) it cannot be reactivated (except by a different detection device) until it has been manually or automatically reset; or (b) for an alarm installed on or after 1 December 1997— (i) it automatically ceases to sound, whether continuously or intermittently, within 5 minutes after being activated by a detection device; and (ii) it cannot be reactivated (except by a different detection device) until it has been manually reset; or (c) it cannot be heard in a habitable room in any residential premises (whether or not a door or window to the room is open). |
|
10 |
noise emitted in the course of mobile selling |
the noise is emitted in accordance with the noise control manual. |
|
11 |
noise emitted because of a party from a parcel of land held under a territory lease |
(a) the noise is music; and (b) the music is only emitted between 6 pm on 31 December in a year and 12.30 am on 1 January the next year; and (c) the music is not louder than 60 dB(A) at any point as near as practicable to the boundary of the parcel of land. |
|
12 |
noise emitted because of a party from a road or road related area |
(a) the noise is music; and (b) the music is only emitted between 6 pm on 31 December in a year and 12.30 am on 1 January the next year; and (c) the music is not louder than 60 dB(A) at any point as near as practicable to the boundary of any parcel of land held under a territory lease. |
|
13 |
noise emitted in the course of warming up a motor vehicle engine |
(a) the noise is emitted for— (i) 5 minutes or less; or (ii) if a longer period is stated in the vehicle's operating manual—the longer period or less; and (b) the vehicle complies with the Road Transport (Vehicle Registration) Act 1999 . |
|
14 |
noise emitted in the course of a religious service |
(a) the noise is not amplified; and (b) the noise is only emitted— (i) between 7 am and 10 pm on Monday to Saturday; or (ii) between 8 am and 10 pm on Sunday or a public holiday. |
|
15 |
noise emitted by portable loudspeakers |
the noise— (a) is emitted from public land; and (b) is in accordance with an approval; and (c) is emitted— (i) between 7 am and 8 pm on Monday to Saturday; or (ii) between 8 am and 8 pm on Sunday or a public holiday. Note Approval is defined in the dictionary. |
|
16 |
noise emitted in the course of constructing or maintaining a major road | |
|
17 |
noise emitted in the course of constructing or maintaining a road, other than a major road |
the noise is emitted— (a) between 7 am and 8 pm on Monday to Saturday; or (b) between 8 am and 8 pm on Sunday or a public holiday. |
|
18 |
noise emitted in the course of commercial collection of waste from commercial premises |
the collection is in accordance with an accredited code of practice under the Act, part 5. |
|
19 |
noise emitted in the course of maintaining a utility service | |
|
20 |
noise emitted in the course of conducting a test to decide a noise level for the Act |
(a) all of the following: (i) the noise is emitted— (A) between 7 am and 8 pm on Monday to Saturday; or (B) between 8 am and 8 pm on Sunday or a public holiday; and (ii) the noise is not emitted for longer than 2 hours in a 1-week period; and (iii) the noise is emitted for the minimum time necessary to complete the tests; or (b) all of the following: (i) the noise is emitted at a time other than a time mentioned in subsection (1) (a); and (ii) the environment protection authority is satisfied that it is not reasonably practicable to conduct the test during the times mentioned in subsection (1) (a) because the level of ambient noise during those times is likely to prevent effective testing; and (iii) the noise is not emitted for longer than 2 hours in a 1-week period; and (iv) the noise is emitted for the minimum time necessary to complete the tests. |
Example for item 10
selling ice-cream from a van and using music to attract buyers as the van moves around
Note 1 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Note 2 The Act does not apply to noise made by a motor vehicle being driven on a road, unless it—
(a) is being driven on the road to conduct reliability trials or speed tests; and
(b) has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests (see the Act, s 8 (1)).
Note 3 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).