New South Wales Consolidated Acts

SYDNEY OLYMPIC PARK AUTHORITY ACT 2001 - SECT 48A

48A 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 Sydney Olympic Park in relation to a major event.

(2) The emission of such noise from Sydney Olympic Park 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:

(a) the operation of the Environmental Planning and Assessment Act 1979 or any instrument under that Act in its application to land comprising any part of Sydney Olympic Park, except section 121B of that Act to the extent the functions conferred by that section are not exercised by the Authority, or

(b) the functions of the Authority under sections 19 and 25 of this Act.

(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.
"major event" means a business-oriented occasion or a cultural, social or sporting related occasion occurring on a single day, including an exhibition, a festival, a show and other like happening:

(a) designed for more than 10,000 patrons or participants at a single major event venue, or

(b) designed for more than 20,000 patrons or participants at two or more major event venues, or

(c) that involves a total floor area of temporary tents or marquees of more than 1,000 square metres, or

(d) that involves a total floor area of a temporary stage or platform of more than 300 square metres.

"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 by a person other than the Authority, or

(c) action of the kind that may be taken following a complaint under section 79 of the Liquor Act 2007 , or

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