MCU14/0028 Appendix 2 EnvProtAct 1994

                                                 Environmental Protection Act 1994

                                                                       Schedule 1

              (f)    noise from the ordinary use of a public road or
                     State-controlled road;
              (g)    noise from the ordinary use of a busway, light rail or rail
                     transport infrastructure.

2        Government activities and public infrastructure
              Environmental nuisance caused in the course of any of the
              following activities—
              (a)    maintaining a public road, State-controlled road, railway
                     or other infrastructure for public transport;
              (b)    maintaining a public infrastructure facility, including—
                     (i)   infrastructure for a water or sewerage service; and
                     (ii) a facility for a telecommunication or electricity
                          system;
              (c)    performing a function under the Disaster Management
                     Act 2003;
              (d)    in the case of the State or a local
                     government—preventing or removing, or reducing the
                     risk to public health from, a public health risk under the
                     Public Health Act 2005.

3        Nuisance regulated by other laws
              Environmental nuisance caused by any of the following—
              (a)    an act or omission that is a contravention of a local law;
              (b)    an act done, or omission made, under an authority given
                     under a local law;
              (c)    noise to which the Police Powers and Responsibilities
                     Act 2000, chapter 19, part 3 applies;
              (d)    an emission of a contaminant at a workplace, within the
                     meaning given by the Work Health and Safety Act 2011,
                     section 8, that does not extend beyond the workplace;
              (e)    a public health risk within the meaning given by the
                     Public Health Act 2005, section 11;
Current as at 20 February 2014                                          Page 593