ENVIRONMENT PROTECTION ACT 2017 - SECT 172 Residential noise improvement notices

ENVIRONMENT PROTECTION ACT 2017 - SECT 172

    (1)     A council may issue a person with a residential noise improvement notice if the council reasonably believes that the person—

        (a)     has contravened a provision of this Part or the regulations relating to the emission of noise from residential premises in circumstances that make it likely that the contravention is continuing or will re-occur; or

        (b)     is likely to contravene a provision of this Part or the regulations relating to the emission of noise from residential premises.

    (2)     A residential noise improvement notice may require the person to whom it is issued—

        (a)     to abate the noise; or

        (b)     to do any other thing that the council reasonably considers necessary to prevent or minimise the noise.

    (3)     A requirement contained in a residential noise improvement notice may be expressed to be general or limited in operation as to particular times, places or circumstances.

    (4)     A residential noise improvement notice must—

        (a)     specify the name and address of the person to whom the notice is issued; and

        (b)     state the grounds on which the notice is issued; and

        (c)     specify the actions that the person must take to comply with the notice; and

        (d)     specify the period within which the person must comply with the notice; and

        (e)     set out the penalty for failing to comply with the notice; and

        (f)     state that the person may apply to VCAT for review of the decision to issue the notice.

    (5)     A council may, by notice in writing given to the person to whom a residential noise improvement notice has been issued—

        (a)     extend the period during which the person must comply with the notice if the council is satisfied that the circumstances of the case justify an extension of that period; and

        (b)     revoke or amend any requirement specified in the notice.

    (6)     A person to whom a residential noise improvement notice is issued must comply with the notice.

Penalty:     In the case of a natural person, 120 penalty units;

    In the case of a body corporate, 600 penalty units.

S. 173 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).