Australian Capital Territory Repealed Acts

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This legislation has been repealed.

NOISE CONTROL ORDINANCE 1988 - SECT 4

4. Nothing in this Ordinance or the regulations shall be taken to affect the common law rules relating to liability for nuisance.

Interpretation

5. (1) In this Ordinance, unless the contrary intention appears—

“audiometric test” means the measurement of the threshhold of hearing of each ear of a person, using a pure tone as the test sound and air as the conductive medium;
“Authority” means the Pollution Control Authority established by the Air Pollution Ordinance 1984 ;
“background noise”, in relation to premises or an article, means the ambient noise measured at or near the premises or article in the absence of noise that is alleged to be excessive in relation to the premises or article;
“daily noise dose”, in relation to a person who is present on premises, means the sum of the partial noise doses, measured over a continuous period of 24 hours, which the person receives while present on those premises;
“excessive noise” means—

        (a)     in relation to noise emitted from premises—noise that exceeds the level prescribed—

              (i)     in respect of premises generally or, where different noise levels are prescribed in respect of different classes of premises, in respect of premises of the class in which the first-mentioned premises are included; and

              (ii)     in respect of the time of day at which the noise is emitted;

other than noise emitted—

              (iii)     by a motor vehicle or any plant, equipment, apparatus or thing that is being used to carry out work necessary for public safety, for the safety or security of plant or premises, or for the maintenance of essential services; or

              (iv)     by a lawnmower that is being used between the hours of 7 a.m. and 8 p.m. on any day Monday to Saturday (inclusive) or between the hours of 8 a.m. and 8 p.m. on a Sunday; and

        (b)     in relation to noise emitted by an article—noise that exceeds the level prescribed in respect of articles of the class in which the first-mentioned article is included;

“lawnmower” means a grass-cutting machine having a motor of less than 8.5 kilowatts, other than shears having a cutting width of less than 120 millimetres;
“Manual” means the Noise Control Manual prepared pursuant to section 17;
“noise direction notice” means a notice given under section 12;
“non-domestic premises” means—

        (a)     premises other than residential premises; and

        (b)     a public place;

“occupier”, in relation to premises, means the person in occupation or control of the premises and, where different parts of premises are occupied or controlled by different persons, means, in relation to a part of the premises, the person in occupation or control of that part;
“plant” includes equipment, vessels, dredges and cranes;
“premises” includes vacant land;
“public place” means any premises, street, road, footpath, public park, recreation reserve or other place to which the public have access or which the public are entitled to use, whether on payment of money or otherwise;
“residential premises” means premises used exclusively or primarily for residential purposes, other than hotels, motels, hostels and guest houses;
“sell” includes exhibit or offer for sale, whether by wholesale or retail, and supply by way of exchange, lease, hire or credit sale;
“sound” means vibration of a frequency of more than 20 but not more than 20,000 hertz;
“Tribunal” means the Administrative Appeals Tribunal;
“vessel” means any kind of vessel used in navigation by water, however propelled or moved.

(2) A reference in this Ordinance consisting of the words “Australian Standard” followed by letters and figures shall be read as a reference to the standard published under those letters and figures by, or on behalf of, the Standards Association of Australia, being that standard as existing at the date on which this Ordinance is notified in the Gazette .

(3) A reference in this Ordinance to a noise level expressed in decibels, or in dB(A), shall be read as a reference to the sound pressure level measured by an instrument having a frequency response weighted in accordance with the A weighting network specified in Australian Standard 1259-1982.

(4) Where noise is measured, in relation to a person, at a position in relation to the person that is a position specified in Australian Standard 1269-1983 as a position in which noise is to be measured in relation to a person, the level of noise so measured shall be deemed to be the level of noise that would, at the time of measurement, be reaching the eardrums of the person.

(5) For the purpose of the definition of “daily noise dose” in subsection (1), the partial noise dose received by a person shall be calculated in accordance with the formula—

(

8

)

antilog [0.1 ( L -90)],

where—

    T     is a number equal to the number of hours during which noise reaches the eardrums of the person; and

    L     is a number equal to the number of decibels in the level of noise reaching the eardrums of the person during those hours.

(6) A reference in this Ordinance to plant shall be read as including a reference to plant that is carried on a vessel or motor vehicle, but not as a reference to equipment that forms part of a vessel or motor vehicle.

(7) A reference in this Ordinance to a Sunday shall be read as including a reference to a day that is a public holiday.

Application


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