MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 8 General environmental offences
Part 3B Offences relating to noise standards

[s 440O]


Division 2                   Application of noise standards

440O Local law may prescribe noise standards
           (1)   This section applies in relation to a local government area if
                 the local government for the local government area is the
                 administering authority for this part.
           (2)   A provision of a local law made by the local government
                 under the Local Government Act 1993 may prescribe a noise
                 standard by—
                 (a)   prohibiting the making of a stated noise (for example,
                       by reference to the activity making the noise and the
                       time at which the noise is made); and
                 (b)   stating a section in division 3 (the nominated section)
                       for which the local law provision is prescribing a noise
                       standard.
           (3)   If a provision of a local law is in force for which a section in
                 division 3 is the nominated section, the local law provision
                 applies as a noise standard.

440P Default noise standards under div 3
                 A section in division 3 applies as a noise standard in relation
                 to a local government area if and only if—
                 (a)   the local government for the local government area is
                       not the administering authority for this part; or
                 (b)   the local government for the local government area is
                       the administering authority for this part but there is no
                       provision of a local law in force for which the section is
                       the nominated section.

440Q Offence of contravening a noise standard
           (1)   A person must not unlawfully contravene a noise standard.
                 Maximum penalty—300 penalty units.
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