Noise Abatement Act Amendment Act 1983 (Qld)

22 1 ueenzhutb ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 3 of 1983 An Act to amend the Noise Abatement Act 1978-1982 in certain particulars [ASSENTED TO 10TH MARCH, 1983]

Noise Abatement Act Amendment Act 1983, No. 3 23 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 1983. (2) In this Act the Noise Abatement Act1978-1982 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Noise Abatement Act1978-1983. 2. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by, in subsection (1), omitting the definition " excessive noise " and substituting the following definition:- exxcceessssivivee noise " means- (a) any noise that is prescribed under this Act to be excessive noise or, where not so prescribed either at all or in respect of a particular noise, that is considered to be excessive noise in the opinion of any person authorized by or under this Act to form such an opinion, either by reason of the level of such noise or the nature thereof; and (b) in relation to noise of a description such that its abatement, when excessive, is by this Act entrusted to Local Authorities, any noise that is prescribed by a by-law or ordinance of a Local Authority to be excessive noise or, where not so prescribed either at all or in respect of a particular noise, that is considered to be excessive noise in the opinion of any person authorized by a by-law or ordinance of a Local Authority to form such an opinion, either by reason of the level of such noise or the nature thereof;". 3. Amendment of s. 28 . Local Authorities may legislate on excessive noise . Section 28 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- " (2) For the purposes of by-laws or ordinances referred to in subsection (1) a Local Authority- (a) may prescribe excessive noise; (b) may authorize any person or class of person specified therein to form an opinion of what is an excessive noise, either by reason of the level of such noise or the nature thereof; and (c) may provide that noise emitted from any machine, appliance or equipment specified therein shall be presumed to be excessive noise if it is emitted within hours specified therein or, as the Local Authority thinks fit, outside hours specified therein.".

24 Noise Abatement Act Amendment Act 1983, No. 3 4. Amendment of s. 57. Regulations . Section 57 of the Principal Act is amended by, in subsection (1), adding at the end of provision (f) the words " and may authorize any person or class of person to form an opinion of what is an excessive noise, either by reason of the level of such noise or the nature thereof ". 5. Validation of certain by-laws or ordinances . Where before the commencement of this Act a Local Authority has purported to make a by-law or ordinance, such that it is authorized by'the Principal Act as amended by this Act to make, the by-law or ordinance shall not be held to be invalid by reason only of the fact that the Principal Act did not authorize the making of it.