Noise Abatement Act Amendment Act 1985 (Qld)

202 (1 ueensh xnb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 16 of 1985 An Act to amend the Noise Abatement Act 1978 -1984 in certain particulars [ASSENTED TO 4TH APRIL, 1985]

Noise Abatement Act Amendment Act 1985, No 16 203 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 1985. (2) The Noise Abatement Act 1978-1984 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Noise Abatement Act1978-1985. 2. Amendment of s. 4 . Application of Act excluded or restricted in certain cases . Section 4 of the Principal Act is amended by inserting in subsection (1) (d) after the words "religious activities" the following words:- (e) noise emitted by or associated with the operation of aircraft including noise emitted in the course of the maintenance, repair or testing of aircraft engines". 3. Amendment of s. 6 . Interpretation . Section 6 of the Principal Act is amended by- (a) inserting after the definition "agriculture" the following definition:- aircraft" means any machine for flying and includes a helicopter;"; (b) inserting in provision (b) of the definition "excessive noise" after the word "abatement" the words "or regulation"; (c) inserting after the definition "occupier" the following definition:- ..open-air concert" means a presentation of public entertainment at a venue such that the performer or performers and the audience, or either of them, is not or are not within a building completely enclosed by walls and a roof;". 4. Amendment of s. 8 . Application of Part . Section 8 of the Principal Act is amended by adding at the end of the section the following paragraph:- "For the purposes of this Part commercial and industrial premises do not include a venue while it is being used for the presentation of an open-air concert.". 5. Amendment of heading . The heading of Part IV of the Principal Act is amended by inserting after the word "ABATEMENT" the words "AND REGULATION".

204 Noise Abatement Act Amendment Act 1985, No 16 6. Amendment of s. 28. Local Authorities may legislate on excessive noise . Section 28 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(I) The power conferred on Local Authorities by the Local Government Act 1936-1984 or the City of Brisbane Act1924- 1984 to make by-laws or ordinances includes power to make by- laws or ordinances in relation to the abatement or regulation of excessive noise that- (a) is emitted from or is audible in residential premises; (b) is emitted from premises being used solely in connexion with the erection, demolition or renovation of a single residential unit or two residential units; or (c) is or is likely to be emitted from premises while they are being used as a venue for the presentation of an open-air concert."; (b) omitting from subsection (2) all words from and including "For the purposes of' to and including "a Local Authority-" and substituting the words:- "Without limiting the power referred to in subsection (1), for the purposes of by-laws or ordinances referred to in that subsection a Local Authority-". 7. Amendment of s. 31. Application of Division. Section 31 of the Principal Act is amended by- (a) numbering the existing provision as subsection (1); (b) omitting the word "This" and substituting the words "Subject to subsection (2), This"; (c) adding at the end of the section the following subsection:- "(2) This Division does not apply in respect to the abatement of excessive noise that is emitted from premises while being used as a venue for the presentation of an open-air concert.".