Noise Abatement Act Amendment Act 1982 (Qld)

371 (ueexta t aub ANNO TRICESIMO PRIMO ELIZABETI-IAE SECUNDAE REGINAE No. 24 of 1982 An Act to amend the Noise Abatement Act 1978 in certain particulars ASSENTED TO 29TH APRIL, 1982]

372 Noise Abatement Act Amendment Act 1982, No. 24 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 and citation . (1) This Act may be cited as the Noise Abatement Act Amendment Act 1982. (2) In this Act the Noise Abatement Act1978 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Noise Abatement Act1978-1982. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 3. Arrangement of Act. Section 3 of the Principal Act is amended by- (a) inserting after the expression " Division 3-Noise Abatement Orders (ss. 16-18A); " the expression " Division 3A-Temporary Noise Abatement Orders (s. 18B); "; (b) omitting the expression " 26 " and substituting the expression "26A"• (c) inserting after the word " RESIDENTIAL " the words " OR COMMERCIAL "; (d) omitting the expression " 40 " and substituting the expression "40A"• (e) omitting the expression " (s. 41); " and substituting the following expression:- " (s. 41); PART VA-AUDIBLE ALARM SYSTEMS (s. 41A); ". 4. Amendment of s. 4 . Application of Act excluded or restricted in certain cases . Section 4 of the Principal Act is amended by in subsection (1)- (a) inserting after paragraph (a) the following paragraph:- " (aa) noise emitted in the course of using premises for any purpose of animal husbandry if it is necessary to the attainment of that purpose; "; and (b) in paragraph (c) inserting after the expression " 1978 " the words " other than noise emitted by means of an audible alarm system ". 5. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by in subsection (1)- (a) inserting after the definition " agriculture " the following definitions:- " anniimmaall husbandry " means the keeping of animals (other than dogs, horses and poultry) for the purpose of making use of the produce thereof;

Noise Abatement Act Amendment Act 1982, No. 24 373 " audible alarm system " means any device, whether fixed or movable, which operates or is designed to operate so as to activate an audible alarm upon contact being made with the premises or any part thereof on which the system is situated and includes any apparatus or device with which the system is mechanically or electrically connected;"; (b) inserting after the definition " by-law " the following definition:- " " commercial premises " means premises or any part thereof- (a) that are or will be ordinarily used as a business office or for business or commercial purposes; or (b) that are declared by Order in Council to be commercial premises for the purposes of this Act;"; (c) inserting after the definition " excessive noise " the following definition:- " industrial premises " means premises or any part thereof that are or will be ordinarily used for industrial purposes but does not include premises which are being used solely in connexion with the erection, demolition or renovation of a single residential unit or 2 residential units; ". (d) in the definition " licence " omitting the words " whether it is an original or a renewed licence " and substituting the words " but does not include a temporary licence issued under section 26A "; (e) omitting the definition " Minister " and substituting the following definition:- Ministteerr " includes a Minister of the Crown who is temporarily performing the duties of the Minister;"; (f) inserting after the definition " Minister " the following definition:- " " motor vehicle " means a motor vehicle within the meaning of the Traffic Act1949-1980;"; (fa) inserting after the definition " noise " the following definition:- " " noise abatement order " means a noise abatement order issued by the Authority pursuant to section 16; "; (fb) omitting the definition " order "; (g) inserting after the definition " premises " the following definition:- " puubblliicc meeting " means a meeting lawfully held for a lawful purpose and for the furtherance or discussion in good faith of a matter of public concern or for the advocacy of the candidature of any person for public office, whether the meeting is held in the open air or in a building and whether admission to it is open or restricted;"; (h) in the definition " public utility undertaking " omitting the word " medical,". 6. Amendment of s. 8. Application of Part. Act is amended by- (a) omitting the expression " (1) "; and (b) omitting subsections (2) and (3). Section 8 of the Principal

374 Noise Abatement Act Amendment Act 1982, No. 24 7. Amendment of s. 10 . Action upon complaint of excessive noise. Section 10 of the Principal Act is amended by- (a) in subsection (1) omitting the second and last paragraphs and substituting the following paragraph:- " Such complaint may be made in writing or verbally but, if made verbally, shall be reduced into writing as soon as possible thereafter."; (b) in subsection (3) omitting paragraph (b) and substituting the following paragraph:- (b) inform the occupier of the premises from which the noise is being emitted that a complaint has been made concerning such noise and the nature of the complaint."; (c) omitting subsection (4) and substituting the following subsection:- (4) Where the Authority considers it desirable to do so it may cause a further assessment of the noise to be made before proceeding to deal further with the matter of the complaint as provided by this Part.". 8. New s. 13A. The Principal Act is amended by inserting after section 13 the following section:- " 13A. Authority may appoint committee to exercise its functions etc. under s. 13. (1) The Authority, with the prior approval of the Minister, may appoint a committee consisting of members of the Authority and may delegate to that committee all or any of its functions and powers under section 13. (2) All business of the committee shall be conducted by a quorum at the least, which shall consist of 3 members. (3) An act or thing done or suffered by the committee acting under a delegation has the same force and effect as if it had been done or suffered by the Authority. (4) A delegation may be revoked by the Authority at any time and does not prevent or prejudice the performance or exercise of the function or power (the subject of the delegation) by the Authority.". 9. Amendment of s. 15 . Noise abatement notices. Section 15 of the Principal Act is amended by in subsection (1) omitting the words " which has not been satisfactorily reduced ". 10. Amendment of s. 18 . Register of orders . Section 18 of the Principal Act is amended by- (a) numbering the present section as subsection (1); (b) inserting after subsection (1) as so numbered the following subsection:- " (2) The register of noise abatement orders may be inspected at the office of the secretary to the Authority by any person during normal office hours.".

Noise Abatement Act Amendment Act 1982, No. 24 375 10A. New Div. 3A. The Principal Act is amended by inserting after section 18A the following Division:- " Division 3A-Temporary Noise Abatement Orders 18B. Temporary noise abatement order . (1) Where the Minister, acting on the advice of the Director, is of opinion that a noise investigated under section 10 is an excessive noise and there is no good reason that the noise should not be abated forthwith he may issue a temporary noise abatement order requiring the person to whom it is directed to abate the excessive noise referred to therein in the manner indicated therein. (2) A temporary noise abatement order shall be in the prescribed form and shall be served on the occupier of the premises from which the noise is emitted. (3) The Minister, acting on the advice of the Director, may at any time revoke a temporary noise abatement order. (4) A temporary noise abatement order shall remain in force- (a) until a noise abatement order is served on the occupier of the premises concerned; (b) for a period of 7 days from the issuing of the temporary noise abatement order; or (c) until it is revoked, whichever is the first to occur. (5) A person on whom a temporary noise abatement order is served shall take all steps necessary to comply with the order with a view to the abatement of excessive noise referred to in the order. (6) For as long as a temporary noise abatement order continues in force in respect of premises the occupier of those premises shall not cause or suffer noise to be emitted from those premises save in conformity with the order.". 11. New s. 19A. The Principal Act is amended by inserting after section 19 the following section:- " 19A. Register of licences . (1) The Authority shall cause to be kept a register of licences issued by it under section 19. (2) The register of licences may be inspected at the office of the secretary to the Authority by any person during normal office hours.". 11A. Amendment of s. 21 . Section 21 of the Principal Act is amended by- (a) in the note appearing in and at the commencement of that section, omitting the words " and renewal "; and (b) omitting subsections (1) and (2) and substituting the following subsections :- " (1) A licence shall be in force for the period specified therein or where no period is so specified until it is revoked by the Authority.

376 Noise Abatement Act Amendment Act 1982, No. 24 (2) A licence in force immediately prior to the commencement of the Noise Abatement Act Amendment Act 1982 shall continue in force until it is revoked by the Authority.". 12. Repeal of and new s. 25. The Principal Act is amended by repealing section 25 and substituting the following section:- 25. No fee payable. A fee shall not be charged for- (a) the issuing of a licence or temporary licence to any person; or (b) the granting of an exemption to any person in respect of a licence.". 13. New s. 26A. The Principal Act is amended by inserting after section 26 the following section:- " 26A. Temporary licences. (1) Where the chairman of the Authority considers that a noise investigated under section 10 is excessive noise he may issue to the occupier of the premises from which the noise is emitted a temporary licence in the prescribed form. (2) A temporary licence may be issued- (a) whether or not the Authority has caused a noise abatement notice to be served on the occupier of the premises; and (b) at any time before a noise abatement order or a licence under section 19 is issued to the occupier of the premises. (3) A temporary licence issued pursuant to this section may be issued subject to such conditions as the chairman in his discretion thinks fit. (4) The conditions subject to which a temporary licence is issued shall be specified in and form part of the licence. (5) The chairman may in his discretion revoke a temporary licence issued under this section or amend such a licence by- (a) adding conditions to which the licence shall be subject; (b) omitting conditions to which the licence is subject; or (c) amending conditions to which the licence is subject. (6) A temporary licence shall remain in force- (a) until a noise abatement order is issued to the occupier of the premises concerned; (b) until a licence under section 19 is issued to the occupier of the premises concerned; (c) for a period of 60 days from the issuing of the temporary licence; or (d) until it is revoked, whichever is the first to occur. (7) The occupier of premises to which a temporary licence relates shall not cause or suffer noise to be emitted from those premises save in conformity with the conditions to which the temporary licence is subject.".

Noise Abatement Act Amendment Act 1982, No. 24 377 13A. Amendment of s. 27. Section 27 of the Principal Act is amended by in paragraph (c) of subsection (1) omitting the words " for renewal of a licence, or ". 14. Amendment of heading . The heading of Part IV of the Principal Act is amended by inserting after the word " RESIDENTIAL " the words " OR COMMERCIAL ". 15. Amendment of s. 28. Local Authorities may legislate on excessive noise. Section 28 of the Principal Act is amended by in subsection (1) omitting the words " audible in any residential premises " and substituting the expression:- " (a) emitted from or audible in any residential premises; or (b) emitted from any premises which are being used solely in connexion with the erection, demolition or renovation of a single residential unit or 2 residential units ". 16. Amendment of s. 29. Restriction on Local Authorities' power to abate noise. Section 29 of the Principal Act is amended by omitting all the words occurring after the word " premises.". 17. Repeal of and new s. 31 . The Principal Act is amended by repealing section 31 and substituting the following section:- " 31. Application of Division . This Division applies in respect to the abatement of excessive noise that is- (a) emitted by means of a musical instrument; (b) emitted by means of an appliance for electrically producing or amplifying music or any other noise; (c) emitted by a motor vehicle other than upon a road; or (d) a result of a congregation of persons on premises for the purpose of a meeting, party, celebration or like occasion, and that- (e) is audible in any residential or commercial premises; and (f) cannot be abated by the taking of action pursuant to any provision of Part III." 18. Amendment of s. 33. Powers of police . Section 33 of the Principal Act is amended by in paragraph (a) of subsection (1) inserting after the word "residential" the words " or, as the case may be, commercial ". 19. Amendment of s. 34 . Ss. 32 and 33 not applicable in certain cases . Section 34 of the Principal Act is amended by omitting the second paragraph. 13

Noise Abatement Act Amendment Act 1982, No. 24 377 13A. Amendment of s. 27. Section 27 of the Principal Act is amended by in paragraph (c) of subsection (1) omitting the words " for renewal of a licence, or ". 14. Amendment of heading . The heading of Part IV of the Principal Act is amended by inserting after the word " RESIDENTIAL " the words " OR COMMERCIAL ". 15. Amendment of s. 28. Local Authorities may legislate on excessive noise. Section 28 of the Principal Act is amended by in subsection (1) omitting the words " audible in any residential premises " and substituting the expression:- " (a) emitted from or audible in any residential premises; or (b) emitted from any premises which are being used solely in connexion with the erection, demolition or renovation of a single residential unit or 2 residential units ". 16. Amendment of s. 29. Restriction on Local Authorities' power to abate noise. Section 29 of the Principal Act is amended by omitting all the words occurring after the word " premises.". 17. Repeal of and new s. 31 . The Principal Act is amended by repealing section 31 and substituting the following section:- " 31. Application of Division . This Division applies in respect to the abatement of excessive noise that is- (a) emitted by means of a musical instrument; (b) emitted by means of an appliance for electrically producing or amplifying music or any other noise; (c) emitted by a motor vehicle other than upon a road; or (d) a result of a congregation of persons on premises for the purpose of a meeting, party, celebration or like occasion, and that- (e) is audible in any residential or commercial premises; and (f) cannot be abated by the taking of action pursuant to any provision of Part III." 18. Amendment of s. 33. Powers of police . Section 33 of the Principal Act is amended by in paragraph (a) of subsection (1) inserting after the word "residential" the words " or, as the case may be, commercial ". 19. Amendment of s. 34 . Ss. 32 and 33 not applicable in certain cases . Section 34 of the Principal Act is amended by omitting the second paragraph. 13

378 Noise Abatement Act Amendment Act 1982, No. 24 20. New s. 40A. The Principal Act is amended by inserting after section 40 the following section:- " 40A. Show cause proceedings . (1) Where a person has been directed by a member of the police force acting pursuant to section 33 to abate excessive noise forthwith on 3 separate occasions within any period of 6 months, the chairman of the Authority may cause to be served on the person a notice in the prescribed form calling on the person to show cause at the time and place specified therein to a stipendiary magistrate sitting in the Magistrates Court District in which the person is residing at the time when the notice is served on him why he should not forfeit to the Authority a sum not exceeding $500. (2) If, at the time and place specified in a notice served under subsection (1) or at the time or place to which the proceedings to show cause may be adjourned, the person served with the notice fails to appear or, having appeared, fails to show, to the satisfaction of the stipendiary magistrate hearing the proceedings- (a) that he is not a person on whom a notice to show cause could be served under subsection (1); or (b) that, being such a person, any of the directions to abate excessive noise given to him pursuant to section 33 was given in circumstances such that it should not have been given, the stipendiary magistrate hearing the proceedings may order that such person forfeit to the Authority a sum in such amount not exceeding $500 as the stipendiary magistrate thinks fit and may further order that such sum be paid to the chairman of the Authority forthwith or within a period specified in the order. (3) If a person ordered to forfeit a sum to the Authority fails to pay such sum in accordance with the order the chairman of the Authority may recover such sum by action for a debt due and owing to him by such person in a court of competent jurisdiction. (4) The chairman of the Authority shall cause all such sums paid to or recovered by him to be paid into the Consolidated Revenue Fund.". 21. New Part VA. The Principal Act is amended by inserting after Part V the following Part:- " PART VA-AUDIBLE ALARM SYSTEMS 41A. (1) Audible alarm systems. The occupier of premises from which excessive noise is emitted by means of an audible alarm system for a period exceeding the prescribed period commits an offence against this Act. (2) For the purpose of subsection (1) different periods may be prescribed having regard to the purpose for which the audible alarm system is being used.

Noise Abatement Act Amendment Act 1982, No. 24 379 (3) In subsection (1)- " excessive noise " means any noise that is, in the opinion of a member of the police force formed on reasonable grounds, considered to be excessive noise either by reason of the level of such noise or the nature thereof.". 22. Amendment of s. 49. Remuneration of Members of Authority. Section 49 of the Principal Act is amended by omitting the expression " 48 shall be paid such remuneration as may be prescribed " and substituting the expression " 13A or 48 shall be paid such remuneration, if any, as is provided for by Order in Council ". 23. New ss. 51A and 51B . The Principal Act is amended by inserting after section 51 the following sections:- " 51A. Power of Governor in Council to rescind decisions etc. of Authority. (1) The Governor in Council may, by Order in Council, at any time rescind any decision or determination of or any order or licence issued by the Authority and may, in relation to any such rescission, give such directions to the Authority as to him seem appropriate. (2) Every decision, determination, order or licence rescinded pursuant to this section shall be absolutely void as from the making of the decision or determination or, as the case may be, the issuing of the order or licence : Provided that such rescission shall not affect any penalty imposed prior thereto. 51B. Annual Report . (1) The Authority shall, as soon as practicable but not more than 3 months after the end of each financial year, cause a report on its operations throughout the year to be prepared and furnished to the Minister. (2) The Minister shall lay the report of the Authority before the Legislative Assembly within 14 sitting days of its receipt by him.". 24. Repeal of and new s. 55. The Principal Act is amended by repealing section 55 and substituting the following section:- "55. General Penalty. A person guilty of an offence against this Act shall be liable, if no specific penalty is provided for that offence to a penalty- (a) for a first such offence-of $2 500 and in addition, where the offence is a continuing one a further penalty of $150 for each day during which the offence has continued after the conviction thereof; (b) for a second or subsequent such offence, whether the second or subsequent offence is an offence of the same type as any previous offence or otherwise-of $5 000 and in addition where the offence is a continuing one a further penalty of $300 for each day during which the offence has continued after the conviction thereof.".

380 Noise Abatement Act Amendment Act 1982, No. 24 25. Amendment of s. 57. Regulations . Section 57 of the Principal Act is amended by in subsection (1) inserting after paragraph (e) the following paragraph- (ea) prescribing standards in relation to audible alarm systems and prohibiting the use of audible alarm systems which do not comply with those standards: different standards may be prescribed having regard to the purpose for which the audible alarm systems are designed to be used; ".