ENVIRONMENTAL PROTECTION (NOISE) REGULATIONS 1997 - REG 8
ENVIRONMENTAL PROTECTION (NOISE) REGULATIONS 1997 - REG 8
8 . Assigned levels
(1) In this
regulation —
building includes a camp, caravan, or park home,
as those terms are defined in the
Caravan Parks and Camping Grounds Act 1995 , that is located —
(a) in a
caravan park or camping ground; or
(b) on
other land in accordance with an approval under the Caravan Parks and Camping
Grounds Regulations 1997 regulation 11(2) or 12(2),
but does not include a veranda, patio, pergola,
balcony or other similar outdoor area;
highly sensitive area means that area (if any) of
noise sensitive premises comprising —
(a) a
building, or a part of a building, on the premises that is used for a noise
sensitive purpose; and
(b) any
other part of the premises within 15 m of that building or that part of
the building;
influencing factor , in relation to noise received
at noise sensitive premises, means the influencing factor determined under
Schedule 3;
Kwinana Industrial Area means the area referred to
in the Environmental Protection (Kwinana) (Atmospheric Wastes) Policy Approval
Order 1999 as Area A;
L A 1 assigned level means an assigned level
which, measured as an L A Slow value, is not to be exceeded for more than 1%
of the representative assessment period;
L A 10 assigned level means an assigned level
which, measured as an L A Slow value, is not to be exceeded for more than 10%
of the representative assessment period;
L A max assigned level means an assigned level
which, measured as an L A Slow value, is not to be exceeded at any time.
(2) For the purposes
of paragraph (a) of the definition of highly sensitive area 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 assigned level
for all premises is to be determined by reference to Table 1.
Table 1
[Regulation 8 inserted: Gazette 5 Dec 2013
p. 5653‑6; amended: Gazette 10 Jan 2017 p. 196.]