MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 7 Environmental management
Part 5A Direction notices

[s 363D]

                             (A)    any structural or other changes to either of
                                    those places; and
                             (B)    any change to the activities conducted at
                                    either of those places by the person causing
                                    the emission or affected person;
                 (h)   any mitigating measures that have been taken or could
                       reasonably have been taken by the person causing the
                       emission.
           (4)   The noise emission criteria are as follows—
                 (a)   if the authorised person has measured a sound pressure
                       level for the noise—that level;
                 (b)   the audibility of the noise;
                 (c)   whether the noise is continuous at a steady level or
                       whether it has a fluctuating, intermittent, tonal or
                       impulsive nature;
                 (d)   whether the noise has vibration components.
           (5)   In this section—
                 affected person, for an emission, means a person who the
                 authorised person knows to be affected by the emission.

363D Requirements of direction notices
           (1)   A direction notice must state the following—
                 (a)   that the authorised person believes the person—
                       (i)   is contravening a prescribed provision; or
                       (ii) has contravened a prescribed provision in
                            circumstances that make it likely the contravention
                            will continue or be repeated;
                 (b)   the particular prescribed provision the authorised person
                       believes is being, or has been, contravened;
                 (c)   briefly, how it is believed the prescribed provision is
                       being, or has been, contravened;
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