New South Wales Consolidated Acts

LUNA PARK SITE ACT 1990 - SECT 19A

19A Legal proceedings and other noise abatement action

(1) No criminal proceedings, no civil proceedings (whether at law or in equity) and no noise abatement action may be taken against any person with respect to the emission of noise from the Luna Park site.

(2) The emission of noise from the Luna Park site does not constitute a public or private nuisance.

(3) This section does not apply to or in respect of noise that exceeds the maximum permissible noise level at the closest residential facade.

(4) This section does not limit or otherwise affect the operation of the Environmental Planning and Assessment Act 1979 (other than section 121B) or any instrument under that Act in its application to land comprising any part of the Luna Park site.

(5) For the purposes of this section:
"closest residential facade", in relation to noise, means:

(a) the residential facade closest to the source of the noise, or

(b) if there is more than one source of noise, the residential facade closest to where the noise is loudest,

where a reference to a residential facade is a reference to an outside wall of a building containing residential accommodation.
"maximum permissible noise level" means:

(a) a noise level of 85dB (A) (L A10, 15mins), or

(b) if some other noise level is prescribed by the regulations, that other level,

being, in either case, a noise level determined in accordance with:

(c) Australian Standard AS 1055.1-1997, Acoustics-Description and measurement of environmental noise, Part 1: General procedures , as in force from time to time, or

(d) Australian Standard AS 1259.1-1990, Acoustics-Sound level meters, Part 1: Non-integrating , as in force from time to time, or

(e) Australian Standard AS 2659.1-1988, Guide to the use of sound-measuring equipment, Part 1: Portable sound level meters , as in force from time to time.

"noise abatement action" means:

(a) the issuing of a noise control notice, noise abatement order or noise abatement direction under section 264, 268 or 276 of the Protection of the Environment Operations Act 1997 , or

(b) the issuing of an order with respect to noise under section 121B of the Environmental Planning and Assessment Act 1979 , or

(c) action of the kind that may be taken following a complaint under section 104 of the Liquor Act 1982 or section 17AA of the Registered Clubs Act 1976 , or

(d) any other action of a kind prescribed by the regulations.