Environmental Offences and Penalties Act 1989 Environmental Offences and Penalties Amendment (Noise Offences) Regulation 1997 (1997-632) [GG No 130 of 28.11.1997, p 9554] (NSW)

1997 No 632

New South Wales

Environmental Offences and Penalties Amendment (Noise Offences) Regulation 1997

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 MP

Minister for the Environment

Explanatory note

The object of this Regulation is to amend the list of officers who are authorised by the Environmental Offences and Penalties Act 1989 to issue penalty notices in respect of offences under the Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995.

As a result of the amendments:

(a)	council officers will be empowered to issue penalty notices in respect of a breach of clause 12, 14 (I), 15, 19 (a) or (b) or 24 (a) or (b) of the Regulation, and
(b)	officers of the Waterways Authority will no longer be empowered to issue penalty notices in respect of a breach of clause 13 (1) of the Regulation, and
(c)	police officers will be empowered to issue penalty notices in respect of a breach of clause 12, 14 (l), 15, 19 (a) or (b), 24 (a) or (b), 26, 29 (5) or 30 (4) of the Regulation.
Published in Gazette No 130 of 28 November 1997, page 9554	Page 1

1997 No 632

Environmental Offences and Penalties Amendment (Noise Offences) Regulation 1997

Exp lana to r y n o t e

This Regulation also corrects an error in the description of a provision of the Noise Control (Miscellaneous Articles) Regulation 1995, the breach of which can be dealt with by a penalty notice.

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).

1997 No 632

Environmental Offences and Penalties Amendment (Noise Offences) Regulation 1997 C l a u s e 1

Environmental Offences and Penalties

Amendment (Noise Offences) Regulation 1997

1 Name of Regulation

This Regulation is the Environmental Offences and Penalties
Amendment (Noise Offences) Regulation 1997.

2 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.

3 Notes

The explanatory note does not form part of this Regulation.

1997 No 632

Environmental Offences and Penalties Amendment (Noise Offences) Regulation 1997

Schedule 1 Amendments

Schedule 1 Amendments

(C lause 2 )

[1]    Schedule 2 Penalty notices

Omit “outside the premises” from the matter relating to clause 22 ( 1 ) of the Noise Control (Miscellaneous Articles) Regulation 1995 in Schedule 2.

Insert instead “within a room in any other residential premises”.

[2]    Schedule 2

Omit “2” wherever occurring under the heading “Officer” in the matter relating to clauses 12, 14 (l), 15, 19 (a) and (b) and 24 (a) and (b) of the Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995.

Insert instead ‘‘1, 2, 6”.

[3]  Schedule 2

Omit “5” from under the heading “Officer” in the matter relating to clause 13 (1 ) of the Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995.

[4]  Schedule 2

Omit “2” wherever occurring under the heading “Officer” in the matter relating to clauses 26, 29 (5) and 30 (4) of the Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995. Insert instead “2, 6”.