MINOR CHANGE - Attachment 5 - Noise Impact Assessment.pdf

 Performance Outcomes                                     Acceptable Outcomes
                                                          Mechanical plant is:
                                                          ◼ Located at least 2 metres from side or rear property
                                                            boundaries;
                                                          ◼ Where located at ground level, screened by fencing
                                                            1.5 metres in height or dense vegetation of at least
                                                            1.5 metres in width incorporating grouped trees and
                                                            shrubs with a maximum separation distance of 1
                                                            metre measured from the centre of the plant;
                                                          ◼ Where located above ground level, enclosed or
                                                            screened such that it is not visible from the street
                                                            frontage nor adjoining properties; and
                                                          ◼ Visually integrated into the line and plane of the
                                                            building and roof design and does not project
                                                            beyond the height or width of the building when
                                                            viewed from the street and adjoining properties.

                                                          Editor’s Note— Mechanical plant includes generators, motors,
                                                          compressors and pumps such as air-conditioning or pool
                                                          equipment.




5.3          Environmental Protection Act
In Queensland, the environment is protected under the Environmental Protection Act 1994.
Section 3 of the EP Act states that the object of the Act is to protect Queensland’s environment while allowing
for development that improves the total quality of life, both now and in the future, in a way that maintains
the ecological processes on which life depends (ecologically sustainable development).
Section 319 of the EP Act relates to General Environmental Duty and states that a person must not carry out
any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and
practicable measures to prevent or minimise the harm.
Section 14(1) of the EP Act defines environmental harm as any adverse effect, or potential adverse effect
(whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental
value, and includes environmental nuisance.
Section 15 of the EP Act defines environmental nuisance as an unreasonable interference or likely interference
with an environmental value caused by noise.
Section 440 of the EP Act relates to the offence of causing a nuisance, and section 440T, 440U and 440V
relates to the offence of contravening a noise standard. In all cases, the sections state it does not apply to an
environmental nuisance of the variety mentioned in schedule 1, part 1 of the EP Act.
This Act refers to the Environmental Protection Policies as being subordinate legislation to the Act.
The Act describes a number of offences relating to noise standards, including building work, regulated devices
(e.g. power tools), pumps, air-conditioning equipment, refrigeration equipment, indoor venues, outdoor
events, amplifier devices other than at indoor venue or open-air event, power boat sports in waterway,
operating power boat engine at premises, blasting, and outdoor shooting ranges. The relevant standards are
included below.

5.3.1        440U Air-conditioning equipment
 1. This section applies to premises at or for which there is air-conditioning equipment.
 2. An occupier of the premises must not use, or permit the use of, the equipment on any day—




207401.0104.R01V06                                                                                                Page 7