ENVIRONMENTAL PROTECTION ACT 1986 - SECT 79

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 79

79 .         Unreasonable noise emissions from premises

        (1)         A person who on any premises uses or causes or allows to be used any equipment in such a way as to cause or allow it to emit, or otherwise emits or causes or allows to be emitted, unreasonable noise from those premises commits an offence.

        (2)         Subject to subsection (3), a prosecution for an alleged offence under subsection (1) may be instituted only by —

            (a)         any 3 or more persons, each of whom is the occupier of premises and claims to be directly affected by that alleged offence; or

            (b)         an authorised person; or

            (c)         a police officer.

        (3)         A prosecution for an alleged offence under subsection (1) may be instituted by less than 3 persons if a person who is the occupier of premises and claims to have been directly affected by that alleged offence satisfies the court in which that prosecution is sought to be instituted before the accused is required to enter a plea that the circumstances are such that —

            (a)         less than 3 persons were affected by that alleged offence; or

            (b)         other persons affected by that alleged offence are unable or unwilling to join in the institution of that prosecution for economic or other reasons not related to the question of whether or not that alleged offence was committed; or

            (c)         the enjoyment of the premises occupied by the person was affected by that alleged offence in a degree substantially greater than was the case with other premises so affected,

                and that the prosecution is not of a frivolous, vexatious or unreasonable nature.

        [Section 79 amended: No. 84 of 2004 s. 80 and 82; No. 40 of 2020 s. 111(1).]