Environmental Offences and Penalties Act 1989 Regulation relating to penalty notices for offences under the Noise Control Act 1975 (1995-476) [GG No 105 of 1.9.1995] (NSW)

1995-No. 476

ENVIRONMENTAL OFFENCES AND PENALTIES ACT 1989—

REGULATION

(Relating to penalty notices for offences under the Noise Control Act 1975)

NEW SOUTH WALES

[Published in Gazette No. 105 of 1 September 1995]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Environmental Offences and Penalties Act 1989, has k e n pleased to make the Regulation set forth hereunder.

PAM ALLAN, M.P.,

Minister for the Environment.

Commencement

1. This Regulation commences on 1 September 1995.

Amendments

2. Schedule 2 to the Environmental Offences and Penalties Act 1989 is

amended:

(a)	by inserting after the headings relating to the Noise Control Act 1975 the following matter:
Section 28: Sell article of Sell noisy 2 $200
prescribed class (other than a article
motor vehicle horn or motor vehicle intruder alarm) if, when in use or operation, the article emits noise that, when measured at any point specified in or determined in accordance with the regulations, is in excess of the level prescribed in respect of the class to which it belongs

1995-No. 476

Section 28: Sell article of	Sell noisy	2	$400
prescribed class (other than a	article 5dB(A)
motor vehicle horn or motor	or more above
vehicle intruder alarm) if, when	limit
in use or operation, the article emits noise that, when measured at any point specified in or determined in accordance with the regulations, is in excess of the level prescribed in respect of the class to which it belongs by
5dB(A) or more
Section 28: Sell article of	Sell noisy	2	$300
prescribed class (being a motor	horn/alarm
vehicle horn or a motor vehicle intruder alarm) if, when in use
or operation, the article emits
noise that, when measured at any point specified in or determined in accordance with the regulations, is in excess of the level prescribed in respect of the class to which it belongs
Section 41 (1) (a): Being the	Caus/permit	1, 2, 6	$200
occupier of premises, cause,	allow dog to
permit or allow a dog to be	make offensive
kept in or on premises if, as a	noise while
result of keeping the dog,	notice has
offensive noise is emitted from	effect
the premises while noise control notice has effect
Section 41 (1) (b): Being the	Keep dog in	1, 2, 6	$200
occupier of premises, cause,	contravention
permit or allow a dog to be	of condition of
kept in or on premises in	notice
contravention of a condition of a noise control notice if, as a result of the contravention, offensive noise is emitted from the premises
1995-No. 476

(b) by omitting the matter relating to the Noise Control Regulation

1975 and by inserting instead the following matter:

Noise Control (Miscellaneous Articles) Regulation 1995

Provision of Regulation	Short	officer	Penalty
description
Clause 19 (1): Cause or	Cause/permit	1, 2, 5, 6	$200
permit power tool or	repeat of
swimming pool pump to be	swimming pool
used on residential premises	pump/power
in such a manner that it	tool noise after
emits noise that can be heard	warning
within a room in any other residential premises. during specified hours. within 28 days after being warned not
to
Clause 20 (1): Cause or	cause/permit	1, 2, 5, 6	$200
permit musical instrument or	repeat of
sound equipment to be used	musical
on residential premises in	instrument/
such a manner that it emits	sound
noise that can be heard	equipment
within a room in any other	noise after
residential premises, during	warning
specified hours, within 28 days after being warned not to
Clause 21 (1): Cause or	Cause/permit	1, 2, 5, 6	$200
permit air conditioner to be	repeat of air
used on residential premises	conditioner
in such a manner that it	noise after
emits noise that can be heard	warning
within a room in any other residential premises, during specified hours, within 28 days after being warned not
to
Clause 22 (1): Being the	Cause/permit	1, 2, 5, 6, 9	$200
occupier of premises, cause or	use of noisy
permit use of non-complying	intruder alarm
building intruder alarm that is audible outside the premises

1995-No. 476

Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation

1995

Provision of Regulation	Short	Officer	Penalty
description
Clause 9: Sell motor vehicle	Sell alarm	2	$300
intruder alarm whose	with panic/
sounding device is operable	overide switch
by means of a panic or override switch
Clause 10 (1): Sell dual tone	Sell non-	2	$300
horn, variable tone horn or	complying
rising tone horn with certain	dual/variable/
sound characteristics	rising tone horn
Clause 11 ( 1 ) : Cause or	Cause/permit	2	$150
permit a motor vehicle to be	use of noisy
used in a public place if the	vehicle
motor vehicle is capable of emitting noise at a level in excess of the maximum level
prescribed for that kind of motor vehicle
Clause 11 (1): Cause or	Cause/permit	2	$250
permit a motor vehicle to be	use of vehicle
used in a public place if the	between 5 and
motor vehicle is capable of	15 dB(A)

emitting noise at a level	above	limi t
between 5 dB(A) and 15 dB(A) in excess of the maximum level prescribed for that kind of motor vehicle

Clause 11 (1): Cause or	Cause/permit	2	$400
permit a motor vehicle to be	use of vehicle
used in a public place if the	more than 15

motor vehicle is capable of	dB (A)	above
emitting noise at a level more	limit
than 15 dB(A) in excess of the maximum level prescribed for that kind of motor vehicle

Clause 12: Cause or permit a	Cause/permit	2	$200
motor vehicle to be used in a	vehicle to emit
place (other than a public	offensive noise
place) in such a manner as to	in non-public
emit offensive noise	place

1995—No. 476

Clause 13 (1): Cause or	Cause/permit	1, 2, 5, 6	$200
permit a motor vehicle to be	repeat of
used on residential premises	vehicle noise
in such a manner that it	after warning
emits noise that can be heard within a room in any other residential premises, during specified hours, within 28 days after being warned not

to

Clause 14 (1): Cause or Cause/permit 2 $200

permit a refrigeration unit	repeat of
fitted to a motor vehicle to	refrigeration
be used in such a manner	unit noise after
that it emits noise that can	warning

be heard within a room in
any residential premises,
during specified hours, within
28 days after being warned
not to

Clause 15: Cause or permit Cause/permit 2 $150

the sound system of a motor	offensive noise
vehicle to be used in such a	from motor
manner that it emits offensive	vehicle sound
noise	system

Clause 16 (1): Cause or Cause/permit 2, 6 $200

permit a motor vehicle to be	vehicle to be
used in a public place unless	used when
the motor vehicle’s noise	noise control
control equipment is in place	equipment not
and in effective condition and	in place/
good working order	ineffective/ defective

Clause 16 (2) (a): Remove, Remove/render 2, 6 $200

or render less effective, a	less effective
motor vehicle’s noise control	noise control
equipment	equipment

Clause 16 (2) (b): Replace a Fit less 2, 6 $200

motor vehicle’s noise control	effective noise
equipment with noise control	control
equipment that is less	equipment

effective than the motor
vehicle’s original noise control
equipment when first installed

1995—No. 476

Clause 17: Cause or permit a	Modify/epair	2	$200
motor vehicle’s engine, or its	engine/air
air intake or exhaust system,	intake system/
to be modified or repaired in	exhaust system
such a manner that the noise	so that noise
level of the motor vehicle	level exceeds
after the repair or	limit
modification exceeds the maximum noise level prescribed in relation to that kind of motor vehicle
Clause 18 (1) (a): In	Use/cause/	2	$200
connection with the use of a	permit use of
motor vehicle in a public	noisy horn
place, cause or permit to be	with single
used a motor vehicle horn	loudness and
that is capable of emitting	pitch
noise at a single non-varying loudness and pitch at a noise level of more than 120 dB (A)
Clause 18 (1) (b): In	Use/cause/	2	$200
connection with the use of a	permit use of
motor vehicle in a public	a horn with
place, cause or permit to be	varying
used a motor vehicle horn	loudness and
that is capable of emitting	pitch
noise otherwise than at a single non-varying loudness and pitch at a noise level of more than 85 dB (A)
Clause 19 (a): Cause or	Cause/permit	2	$200
permit a telephone to be	telephone to
connected to a motor vehicle	be connected
horn in such a way that the	to horn
horn emits noise when the telephone receives a call
Clause 19 (b): Cause or	Cause/permit	2	$200
permit a telephone to remain	telephone to
connected to a motor vehicle	remain
horn in such a way that the	connected to
horn emits noise when the	horn
telephone receives a call

1995-No. 476

Clause 21: In connection with	Use/cause/	1, 2, 6	$200
the use of a motor vehicle,	permit to be
cause or permit to be used a	used vehicle
motor vehicle intruder alarm	with panic/
that is capable of being	override switch
triggered (while the engine of	on alarm
the motor vehicle is running or the ignition of the motor vehicle is turned on) by
means of a panic or override switch
Clause 22 (1) (a): Cause or	Cause/permit	1, 2, 6, 9	$200
permit a motor vehicle	use of noisy
intruder alarm in a motor	alarm (pre-
vehicle manufactured before 1	September
September 1997 to sound for	1997 vehicle)
more than 90 seconds
Clause 22 (1) (b): Cause or	Cause/permit	l, 2, 6, 9	$200
permit a motor vehicle	use of noisy
intruder alarm in a motor	alarm (post-
vehicle manufactured on or	September
after 1 September 1997 to	1997 vehicle)
sound for more than 45 seconds
Clause 23: Cause or permit a	Cause/permit	2	$200
motor vehicle intruder alarm	use of non-
to be sounded unless the	complying
alarm is so constructed and	motor vehicle
regulated that it has a	intruder alarm
maximum noise level of not more than 115 dB(A) and it cannot be reactivated until it has been manually reset

Clause 24 (a): Cause or	Cause/permit	2	$200
permit a telephone to be	telephone to
connected to a motor vehicle	be connected
intruder alarm in such a way	to alarm
that the alarm emits noise when the telephone receives a call
Clause 24 (b): Cause or	Cause/permit	2	$200
permit a motor vehicle to	telephone to
remain connected to a motor	remain
vehicle intruder alarm in such	connected to
a way that the alarm emits	alarm
noise when the telephone receives a call

1995-No. 476

Clause 26: Fail to comply	Fail to comply	2	$300
with a direction given by an	with direction
authorised officer to stop a	to stop/test/
motor vehicle and/or to do	inspect motor
whatever the authorised	vehicle/vehicle
officer considers reasonably	accessory
necessary to enable the motor vehicle or motor vehicle accessory to be tested or inspected
Clause 27 (2): Fail to comply	Fail to comply	2	$300
with the terms of a vehicle	with motor
inspection notice without	vehicle
reasonable excuse	inspection notice
Clause 29 (5 ) : Cause or	Use/cause/	2	$300
permit a motor vehicle to be	permit vehicle
used after a date indicated on	to be used
a defective vehicle notice	contrary to defective vehicle notice
Clause 30 (4): Remove,	Remove/	2	$300
obscure or deface a defective	obscure/deface
vehicle label from a motor	defective
vehicle otherwise than under	vehicle label
the direction of an authorised officer

EXPLANATORY NOTE

The object of this Regulation is to update the list of offences under the Noise Control Act 1975 for which penalty notices can be issued. The update is necessitated by the repeal of the Noise Control Regulation 1975 and its replacement by the following regulations:

(a) the Noise Control (General) Regulation 1995;

(b) the Noise Control (Miscellaneous Articles) Regulation 1995;

(c) the Noise Control (Motor Vehicles and Motor Vehicles Accessories) Regulation

1995.

This Regulation is made under the Environmental Offences and Penalties Act 1989, in particular section 8G (penalty notices) and section 28 (the general regulation making power).