ENVIRONMENTAL PROTECTION ACT 1986 - SECT 81

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 81

81 .         Noise abatement, powers for

        (1)         If an authorised person or police officer considers that any unreasonable noise has been or is being emitted from any premises, the authorised person or police officer may —

            (a)         direct, either orally or in writing as the authorised person or police officer considers appropriate —

                  (i)         the person whom the authorised person or police officer believes to be the occupier of those premises to cause the emission of that unreasonable noise to cease; or

                  (ii)         any person whom the authorised person or police officer believes to be making or contributing to the making of that unreasonable noise to cease making or contributing to the making of that unreasonable noise;

                or

            (b)         take such measures or cause such measures to be taken as the authorised person or police officer considers necessary to abate the emission of that unreasonable noise or to remove the likelihood of any unreasonable noise being emitted.

        (2)         A person who does not without reasonable excuse comply with a direction given by an authorised person or police officer under subsection (1) commits an offence.

        (3)         A person shall not be convicted of an offence under subsection (2) unless it is proved that the noise to which the relevant direction relates was an unreasonable noise.

        (4)         A direction given under subsection (1) shall have effect for such period not exceeding 7 days as is specified in that direction, but may within that period be revoked by —

            (a)         the authorised person or police officer who gave it; or

            (b)         a person prescribed for the purposes of this subsection.

        [Section 81 amended: No. 40 of 2020 s. 111(1).]