Australian Capital Territory Numbered Regulations
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ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 1
Commencement
2. (1) Regulation 1 and this regulation commence on the day on which these
Regulations are notified in the Gazette .
(2) The remaining provisions
commence on a day, or respective days, fixed by the Minister by notice in the
Gazette .
(3) If a provision referred to in subregulation (2) has not
commenced before the end of the period of 6 months commencing on the day on
which these Regulations are notified in the Gazette , that provision, by force
of this subregulation, commences on the first day after the end of that
period.
Interpretation
3. (1) In these Regulations, unless the contrary intention
appears—
“affected land” means a parcel of land (whether
inside or outside the Territory) a person on which is affected by excessive
noise, but does not include— (a)
if the noise is being emitted from a parcel of leased land—that
land; or
(b) a road, footpath or
cycle way;
“affected occupier” means an occupier of affected land
and, in relation to affected land that is—
(a) unleased land; or
(b)
public land within the meaning of section 153 of the Crown Lands Act
1989 of New South Wales;
and includes a person who is lawfully on that land;
“agvet chemical product” means—
(a) an agricultural chemical product; or
(b) a veterinary chemical product;
within the meaning of
the Agvet Code;
“Agvet Code” means the Agricultural and Veterinary
Chemicals Code as in force for the time being under the Agricultural and
Veterinary Chemicals Code Act 1994 of the Commonwealth;
“approval”, in relation to an activity, means a licence, lease,
permit or other instrument (however described) under a law of the Territory
authorising the conduct of the activity on specified public land;
“building work” means building work in respect of which a building
permit under Part III of the Building Act 1972 is required;
“built-up
area” means an area declared under the Bushfire Act 1936 to be a
built-up area;
“CFC” means a chlorofluorocarbon specified in Part
I of Schedule 1 to the Ozone Protection Act 1989 of the Commonwealth, whether
existing alone or in a mixture;
“chimney” means a structure or
opening designed to permit the emission of pollutants into the air from
premises, whether or not the chimney is structurally part of the premises;
“compliance location” has the meaning given by regulation 25;
“essential service” means the provision of electricity or any
other service that is prescribed as an essential service by or under the
Essential Services (Continuity of Supply) Act 1992 ;
“excessive
noise” means noise that, by virtue of regulation 27, is to be taken to
have an adverse impact on the environment;
“halon” means a halon
specified in Part II of Schedule 1 to the Ozone Protection Act 1989 of the
Commonwealth, whether existing alone or in a mixture;
“HCFC” means
a hydrochlorofluorocarbon specified in Part V of Schedule 1 to the Ozone
Protection Act 1989 of the Commonwealth, whether existing alone or in a
mixture;
“methyl chloroform” means the substance specified in Part
IV of Schedule 1 to the Ozone Protection Act 1989 of the Commonwealth;
“national emission guidelines” means the guidelines called the
“National guidelines for control of emission of air pollutants from new
stationary sources 1985” published by or on behalf of the Australian
Environment Council and the National Health and Medical Research Council;
“noise zone”, in relation to a parcel of land to which a land use
policy specified in column 2 of Table 1 in Schedule 2 applies, means the noise
zone specified in column 1 opposite that land use policy;
“non-scheduled
PCB material” means any material that contains PCBs in a measure that is
less than the threshold concentration or threshold quantity but is greater
than 2 milligrams per kilogram;
“NRA” means the National
Registration Authority for Agricultural and Veterinary Chemicals under the
Agricultural and Veterinary Chemicals (Administration) Act 1992 of the
Commonwealth;
“NSW Authority” means the Environment Protection
Authority under the Protection of the Environment Administration Act 1991 of
the State of New South Wales;
“NSW Noise Control Act” means the
Noise Control Act 1975 of the State of New South Wales, and includes any
regulations in force for the time being under that Act;
“NSW Noise
Control Manual” means— (a)
the manual called the “Environmental Noise Control Manual”,
published by or on behalf of the NSW Authority, as varied and in effect for
the time being; and
(b) where the
manual has been replaced by an equivalent publication—that publication,
as varied and in effect for the time being;
“PCB” means a
polychlorinated biphenyl with the chemical formula C 12 H 10-n Cl n , where n
is any whole number in the range from and including 1 to and including 10;
“PCB material” means scheduled or non-scheduled PCB material;
“permitted agvet chemical product” means an agvet chemical product
that is the subject of a permit under Part 7 of the Agvet Code;
“premises” includes vacant land, vehicles, vessels and aircraft;
“protocol” means a national environment protection protocol within
the meaning of the national scheme laws, and includes a national environment
protection protocol in a national environment protection measure made by the
National Environment Protection Council and in force from time to time under
those laws;
“registered agvet chemical product” means an agvet
chemical product that is registered under Part 2 of the Agvet Code;
“scheduled PCB material” means any material that contains PCBs in
a measure that is equal to or greater than the threshold concentration and
threshold quantity;
“sole occupancy unit” means a part of a
building in respect of which a person has an exclusive right of occupation;
“standard” means a national environment protection standard within
the meaning of the national scheme laws, and includes a national environment
protection standard in a national environment protection measure made by the
National Environment Protection Council and in force from time to time under
those laws;
“the Act” means the Environment Protection Act 1997 ;
“threshold concentration” means a concentration of PCB material at
50 milligrams per kilogram;
“threshold quantity” means 50
grams of PCB material;
“zone noise standard”, in relation to noise
being emitted in a noise zone during a period specified in column 3A, 3B, 3C
or 3D of Table 1 in Schedule 2, means the zone noise standard specified in
that column opposite that noise zone. (2) Unless the contrary intention
appears, an expression used in these Regulations has the same meaning as in
Schedule 1 or 2 to the Act.
(3) A reference in these Regulations to an ozone
depleting substance shall not be read as including a reference to a thing that
has been manufactured where the thing—
(a)
contains, or will use in its operation, an ozone depleting
substance; or
(b) consists in part
of an ozone depleting substance only because the substance was used in the
manufacturing process.
(4) A reference in subregulation (3) to a thing that
has been manufactured shall not be read as including a reference to such a
thing that is to be used only for the transportation and storage of an ozone
depleting substance unless the substance can only be used in conjunction with
the thing.