ENVIRONMENTAL PROTECTION ACT 1994 - SECT 491A Further special evidentiary provisions for noise

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 491A

491A Further special evidentiary provisions for noise

(1) This section applies if, in a proceeding for an offence against this Act, it is claimed audible noise was made.

(2) If it is claimed the noise was made from a particular person, place or thing (the
"alleged source" )—

(a) an individual (the
"occupier" ) who was, when the noise was made (the
"relevant time" ), an occupier of a building may give evidence that—

(i) the occupier could, at the relevant time, hear the noise at the building; and

(ii) the occupier formed the opinion, based on the occupier’s own senses, that the noise was made from the alleged source and travelled to the building; and

(b) an authorised person who, at the relevant time, was present at the building with the occupier and could hear the noise at the building may give evidence—

(i) that the authorised person could, at the relevant time, hear the noise at the building; and

(ii) that the authorised person formed the opinion, based on the person’s own senses, that the noise was made from the alleged source and travelled to the building.

(3) Evidence may be given under subsection (2) (b) —

(a) without any need to call the occupier; and

(b) whether or not other audible noise was made to the building from a person, place or thing other than the alleged source.

(4) Opinion evidence mentioned in this section may be given without any need to call further opinion evidence.

(5) Evidence mentioned in this section may be given without any requirement for the noise to have been measured.

(6) If the noise is established as audible noise, the rate of its audibility is not required to be established.

(7) The noise may be measured in a way prescribed under a regulation.