Environmental Offences and Penalties Act 1989 Environmental Offences and Penalties Amendment (Marine Vessel Noise) Regulation 1996 (1996-494) [GG No 113 of 4.10.1996] (NSW)

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1996 No 494

New South Wales

Environmental Offences and
Penalties Amendment (Marine Vessel
Noise) Regulation 1996
under the
Environmental Offences and Penalties Act 1989
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Offences and Penalties Act 1989.
PAM ALLAN, M.P.,
Minister for the Environment
Explanatory note
The object of this Regulation is to list the offences under the Noise Control (Marine Vessels) Regulation 1996 for which penalty notices can be issued. This Regulation is made under the Environmental Offences and Penalties Act 1989, including section 8G (penalty notices) and section 28 (the general regulation making power).

Published in Gazette No 113 of 4 October 1996 page 6734 Page 1

1996 No 494

Clause 1

Environmental Offences and Penalties Amendment (Marine Vessel Noise) Regulation 1996

Environmental Offences and Penalties
Amendment (Marine Vessel Noise) Regulation

1996

1 Name of Regulation

This Regulation is the Environmental Offences and Penalties
Amendment (Marine Vessel Noise) Regulation 1996.

2 Commencement

This Regulation commences on 4 October 1996.
3 Amendment of Environmental Offences and Penalties Act 1989
Schedule 2 to the Environmental Offences and Penalties Act
1989 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation

1996 No 494

Envlronmental Offences and Penalties Amendment (Marine Vessel Noise) Regulation 1996

Amendments Schedule 1
Schedule 1 Amendments

(Clause 3 )

Schedule 2 Penalty notices
Insert after the matter relating to the Noise Control Act 1975 the following matter:
Noise Control (Marine Vessels) Regulation 1996

Provision of Regulation Short Officer Penalty
description
Clause 4: Cause or permit a vessel's Cause/permit 1, 2, 5, $200
siren. whistle. hooter. fog horn or siren/whistle/ 6
bell to be sounded on navigable hooter/fog
waters except for the purposes of horn/bell to
navigation be sounded
Clause 5: Cause or permit an Cause/permit 1, 2, 5 $200
engine powered vessel to be used vessel to emit 6
on navigable waters in such a way offensive

as to emit offensive noise

noise on navigable waters
Clause 6 (1): Cause or permit an Cause/permit 2, 5, 6 $200
engine powered vessel to be used powered
on navigable waters if the vessel's vessel to be
noise control equipment is not in used without
place and in effective condition and effective

good working order

noise control equipment in place/in good working order
Clause 7 (1): Cause or permit the Cause/permit 1, 2, 5, $200
use of any musical instrument or use of 6
sound system on a vessel in such a musical
manner as to emit noise that can be instrument/
heard within a room in any sound system
residential premises between after warning
midnight and 8 a.m. on any day
after being warned not to

1996 No 494

Environmental Offences and Penalties Amendment (Marine Vessel Noise) Regulation 1996

Schedule 1

Amendments

Noise Control (Marine Vessels) Regulation 1996-continued

Provision of Regulation Short Officer Penalty
description

Clause 9 (1): Being the master of a Fail to 2 , 5 , 6 $300
vessel, fail to comply with any comply with
direction to do whatever an direction
authorised officer considers
reasonably necessary to enable the
vessel to be tested or inspected
$300
Clause 10 (5): Cause or permit a Cause/permit 2 , 5 , 6
vessel to be used after a date vessel to be
indicated on a defective vessel used contrary

notice

to defective vessel notice
$300

Clause 11 (4): Remove. obscure or Remove/ 2 , 5 , 6
deface a defective vehicle label obscure/deface
from a vessel otherwise than under defective
the direction of an authorised officer vessel label

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Citations

Environmental Offences and Penalties Act 1989 - Environmental Offences and Penalties Amendment (Marine Vessel Noise) Regulation 1996 (1996-494) [GG No 113 of 4.10.1996] (NSW)

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Provision of Regulation	Short	Officer	Penalty
description
Clause 4: Cause or permit a vessel's	Cause/permit	1, 2, 5,	$200
siren. whistle. hooter. fog horn or	siren/whistle/	6
bell to be sounded on navigable	hooter/fog
waters except for the purposes of	horn/bell to
navigation	be sounded
Clause 5: Cause or permit an	Cause/permit	1, 2, 5	$200
engine powered vessel to be used	vessel to emit	6
on navigable waters in such a way	offensive
as to emit offensive noise	noise on navigable waters
Clause 6 (1): Cause or permit an	Cause/permit	2, 5, 6	$200
engine powered vessel to be used	powered
on navigable waters if the vessel's	vessel to be
noise control equipment is not in	used without
place and in effective condition and	effective
good working order	noise control equipment in place/in good working order
Clause 7 (1): Cause or permit the	Cause/permit	1, 2, 5,	$200
use of any musical instrument or	use of	6
sound system on a vessel in such a	musical
manner as to emit noise that can be	instrument/
heard within a room in any	sound system
residential premises between	after warning
midnight and 8 a.m. on any day after being warned not to

Clause 9 (1): Being the master of a	Fail to	2 ,	5 ,	6	$300
vessel, fail to comply with any	comply with
direction to do whatever an	direction
authorised officer considers reasonably necessary to enable the vessel to be tested or inspected
$300
Clause 10 (5): Cause or permit a	Cause/permit	2 ,	5 ,	6
vessel to be used after a date	vessel to be
indicated on a defective vessel	used contrary
notice	to defective vessel notice
$300

Clause 11 (4): Remove. obscure or	Remove/	2 , 5 , 6
deface a defective vehicle label	obscure/deface
from a vessel otherwise than under	defective
the direction of an authorised officer	vessel label