ENVIRONMENTAL PROTECTION (NOISE) REGULATIONS 1997 - REG 11
ENVIRONMENTAL PROTECTION (NOISE) REGULATIONS 1997 - REG 11
11 . Airblast levels due to blasting
(1) In this
regulation —
airblast level means a noise level resulting from
blasting;
blaster , in relation to blasting on any premises
or public place, means —
(a) in
the case of premises — the occupier of the premises; or
(b) in
the case of a public place — the person who under
regulation 6(1)(b) is to be treated as the occupier of the public place;
building has the meaning given in
regulation 8(1);
L Z peak means the peak sound pressure level in
decibels (dB) obtained using the “Z” frequency weighting
characteristic as specified in AS IEC 61672.1‑2004
Electroacoustics‑Sound level meters Part 1: Specifications, with
sound measuring equipment that complies with the requirements of
Schedule 4;
sensitive site , in relation to noise sensitive
premises, means —
(a) a
building, or a part of a building, on the premises that is used for a noise
sensitive purpose; or
(b) any
other location on the premises within 30 m of that building or that part
of the building.
(2) For the purposes
of paragraph (a) of the definition of sensitive site in
subregulation (1), a building, or a part of a building, that is inhabited
in contravention of the Health (Miscellaneous Provisions) Act 1911
section 136 or 144, or any other enactment relating to the use of
buildings for human habitation, is taken not to be used for a noise sensitive
purpose.
(3) The provisions of
this regulation have effect in relation to airblast levels in place of
regulation 7.
(4) Subject to
subregulation (5), no airblast level resulting from blasting on any
premises or public place, when received at any other premises between
0700 hours and 1800 hours on any day, may exceed —
(a) for
an airblast level received at noise sensitive premises —
(i)
when received at a sensitive site —
120 dB L Z peak ; or
(ii)
when received at a location other than a sensitive
site — 125 dB L Z peak ;
or
(b) for
an airblast level received at any other premises — 125 dB L Z peak
.
(5) The levels
specified in subregulation (4) do not apply in respect of an airblast
level when received at premises, or a part of premises, on which the blaster
believes on reasonable grounds no person is present at the time of the blast.
(6) Despite
subregulation (4), airblast levels for 9 in any 10 consecutive
blasts (regardless of the interval between each blast), when received at any
other single premises between 0700 hours and 1800 hours on any day,
must not exceed —
(a) for
airblast levels received at noise sensitive premises —
(i)
when received at a sensitive site —
115 dB L Z peak ; or
(ii)
when received at a location other than a sensitive
site — 120 dB L Z peak ;
or
(b) for
airblast levels received at any other premises — 120 dB L Z
peak .
(7) For the purposes
of subregulation (6), an airblast level for a blast that would, but for
this subregulation, exceed a level specified in subregulation (6)(a)(i)
or (ii) or (b) is taken not to exceed that level when received at premises, or
a part of premises, on which the blaster believes on reasonable grounds no
person is present at the time of the blast.
(8) Subject to
subregulation (9), no airblast level resulting from blasting on any
premises or public place, when received at other premises outside the periods
between 0700 hours and 1800 hours on any day, may exceed 90 dB
L Z peak except where that blasting is carried out —
(a) as
part of surface mining operations for the purposes of removing obstructions in
crushers, or making workings safe, or for firing misfired holes; and
(b) with
the consent in each case of the mine operator.
(9) The level
specified in subregulation (8) does not apply in respect of an airblast
level when received at premises, or a part of premises, on which the blaster
believes on reasonable grounds no person is present at the time of the blast.
(10) Where blasting is
carried out as described in subregulation (8)(a) and (b) outside the
periods between 0700 hours and 1800 hours on any day —
(a) the
blasting is taken to be carried out between 0700 hours and
1800 hours; and
(b)
subregulations (4), (5), (6) and (7) apply accordingly.
(11) For the purposes
of this regulation, an airblast level may be determined by —
(a)
measurement at its point of reception when, to the extent practicable, other
noises that would contribute to the measured airblast level are not present;
or
(b)
calculation of the airblast level at its point of reception based on
measurement of the airblast level at a reference point determined by the
inspector or authorised person to be a point where the relationship between
the airblast level as measured at the reference point and at the point of
reception can be established.
[Regulation 11 inserted: Gazette
5 Dec 2013 p. 5659‑63; amended: Gazette
10 Jan 2017 p. 196; SL 2022/25 r. 6.]