Fig Tree Pocket Noise Emission Act 1984 (Qld)

406 Queenslanb ANNO TRICESIMO TERTIO ELIZABET H AE SECUN D AE REGINAE No. 3 8 of 1984 Act to provide for a pe rm issible level of noise emission from certain pre m ises in Brisbane and for related purposes [ASSENTED TO 9TH MAY, 1984]

Fig Tree Pocket Noise Emission Act 1984, No. 38 407 BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. Short Title . This Act may be cited as the Fig Tree Pocket Noise Emission Act 1984. 2. Meaning of terms . In this Act, except where the contrary appears- Director " means the Director, Division of Noise Abatement; Department of Mapping and Surveying, Queensland; " plant " means the operation in and about the production premises of one of the producers of sand and gravel who carry on operations in and about those premises; " permissible noise level " means a permissible noise level determined in accordance with section 3. " prescribed land " means the land particularized in the Schedule; " production premises " means the land abutting on the Brisbane River opposite the area known as Fig Tree Pocket used at the commencement of this Act for the purposes of sand and gravel production and includes- (a) all buildings, structures, machinery, equipment and facilities within or over that land; (b) all structures adjacent to that land providing access between that land and the river or vessels in the river; (c) all vessels, machinery, equipment and facilities in or over the river adjacent to that land; (d) all vehicles within or adjacent to that land, used from time to time for any purpose of or connected with sand and gravel production, whether or not they form part of the production premises at the commencement of this Act; "the river" means the Brisbane River in its Fig Tree Pocket reach. 3. Permissible noise level. (1) The permissible noise level in relation to one plant being carried on at the material time shall be an L10 of 59dB(A) and in relation to more than one plant being carried on at the material time shall be an L10 of 65dB(A) where L10 is the level exceeded for 10 per centum of any period of 30 minutes measured in decibels on a precision sound level meter using " Fast " response and the "A" weighted scale. (2) Measurements taken to establish noise levels for the purposes of subsection (1) shall be taken at a point nominated by the Director within the part of the prescribed land that is included in the Residential A Zone under the Town Plan for the City of Brisbane as at the passing of this Act.

408 Fig Tree Pocket Noise Emission Act 1984, No. 38 4. Noise emission not ground for action in certain circumstances. (1) Noise emitted from the production premises shall not provide a cause of action or constitute a ground for the institution of any proceeding in any jurisdiction of any Court at the suit of any owner or occupier of the whole or any part of the prescribed land where the provisions of subsection (3) are complied with. (2) Noise emitted from the production premises shall not provide a ground for the institution of any proceeding or the taking of any action- on account of a contravention of or failure to comply with any Ordinance of Brisbane City Council; or on account of a contravention of or failure to comply with or pursuant to any provision of the NoiseAbatement Act1978-1983 or any other provision of law relating to the emission of noise so as to affect persons outside the production premises, where the provisions of subsection (3) are complied with. (3) The provisions of this subsection shall be taken to be complied with if- (a) where the noise is emitted from one plant only, the level of noise emitted does not exceed the permissible noise level determined in accordance with section 3 in relation to one plant; or (b) where the noise is emitted from more than one plant, the level of noise emitted does not exceed the permissible noise level determined in accordance with section 3 in relation to more than one plant. 5. Brisbane City Council to inform of likelihood of noise . (1) It is the duty of Brisbane City Council, if it proposes to sell the prescribed land or any part thereof, to cause each prospective purchaser from it to be clearly and adequately informed- (a) that the occupier of any part of the prescribed land is likely to be subject to high levels of noise emitted from the production premises throughout the whole of 24 hours per day; and (b) that section 4 of this Act curtails the right of an occupier of any part of the prescribed land to relief under the law in respect of such noise. (2) It is the duty of the Town Clerk of Brisbane City Council to cause necessary information to be inserted and maintained in the computer rates record file of the Council so that where any person enquires as to payment of rates in respect of the prescribed land or any part thereof he will be informed of the matters specified in paragraphs (a) and (b) of subsection (1). 6. Termination of Act. The provisions of this Act and the prescription of permissible noise levels thereunder shall continue in force for a period of 30 years from the commencement of this Act, unless sooner repealed or revoked, and upon the expiration of that period shall terminate.

Fig Tree Pocket Noise Emission Act 1984, No. 38 409 SCHEDULE [S. 2] Land bounded by Fig Tree Pocket Road, Ormsby Street, Mactier Street and the river described as Lots 1 to 5, 28 to 62 and 88 to 92 shown on registered plan no. 121595, Lots 6 to 27, 93 to 106 and 109 shown on registered plan no. 121593, Lots 63 to 87, 107, 108 and 110 shown on registered plan no. 121594, Lot I shown on registered plan no. 165938, Portions 151, 152 and 153 and Subdivisions 1 and 2 of Portion 154, County of Stanley, Parish of Indooroopilly. 14