Noise Control (Licences and Approvals) Amendment Act 1983 (NSW)

NOISE CONTROL (LICENCES AND APPROVALS)

AMENDMENT ACT, 1983, No. 92

ANNO TRICESIMO SECUNDO

ELIZABETHS H BEGINS

Act No. 92, 1983.

An Act to amend the Noise Control Act, 1975, so as to remove from that Act the provisions relating to the issuing of licences and the giving of approvals as a consequence of the inclusion in the State Pollution Control Commission Act, 1970, of provisions for the issuing of licences and the giving of approvals in relation to pollution generally. [Assented to, 9th November, 1983.]

2  Act No. 92, 1983.

Noise Control {Licences and Approvals) Amendment.

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows;—

Short title.

1.          This Act may be cited as the “Noise Control (Licences and Approvals)

Amendment Act, 1983”.

Commencement.

2.     (1) Except as provided by subsection (2), this Act shall commence on

the date of assent to this Act.

(2) Section 3 and Schedule 1 shall commence on the day appointed

and notified under section 2 (3) of the State Pollution Control Commission

(Licences and Approvals) Amendment Act, 1983.

Amendment of Act No. 35, 1975.

3. The Noise Control Act, 1975, is amended in the maimer set forth in

Schedule 1.

SCHEDULE 1.

(Sec. 3.)

A mendments to the Noise Control Act, 1975.

(1) Section 3--

Omit the matter relating to Divisions 1 and 2 of Part III, insert

instead:—

D1VI.SION i .—Licensing requirements—ss. 17, 18.

Division 2.— Control of noise from scheduled premises—ss. 25­

Act No. 92, 1983. 3

Noise Control {Licences and Approvals) Amendment.

SCHEDULE 1—continued.

Amendments to the Noise Control Act, 1975—continued.

(2) (a) Section 4 (1), definition of “licence”—

Omit the definition, insert instead:—

“licence” means a licence granted under the State Pollution Control Commission Act, 1970, and in force, whether it is an original licence or a renewed licence;

(b)

Section 4 ( 1 ) , definition of “licensee”—

Omit “this Act”, insert instead “the State Pollution Control

Commission Act, 1970”.

(c)

Section 4 (1 ) , definition of “pollution control approval”—

After the definition of “plant”, insert:—

“pollution control approval” means a pollution control approval given by the Commission under the State Pollution Control Commission Act, 1970, and in force;

(3) (a) Section 11 (2) (b )—

Omit the paragraph, insert instead:—

(b) an officer of the Department of Health nominated by the Minister for Health;

(b) Section 11 (2) (d), (e)—

Omit the paragraphs, insert instead:—

(d)	an officer of the Department of Mineral Resources nominated by the Minister for Mineral Resources;
(e)	an officer of the Department of Industrial Relations nominated by the Minister for Industrial Relations;

4  Act No. 92, 1983.

Noise Control {Licences and Approvals) Amendment.

SCHEDULE 1—continued.

A mendments to the Noise Control Act, 1975—continued.

(c) Section 11 (7 )—

Omit “Public Service Act, 1902”, insert instead “Public Service

Act, 1979”.

(4) (a) Section 13 (3) (e) (i)—

Omit “or (b )”.

(b) Section 13 (3) (e) (ii)—

After “section 11 (2 )”, insert “ (b ),”.

(5) Part III, Division 1, heading—

Omit the heading, insert instead:—

D ivision 1.— Licensing requirements.

(6) Sections 19-24—

Omit the sections.

(7) Part III, Division 2, heading—

Omit the heading, insert instead:—

Division 2.— Control of noise from scheduled premises.

(8) (a) Section 27 (1), (2 )—

Omit “an approval in writing given by the Commission” wherever occurring, insert instead “a pollution control approval”.

(b) Section 27 (3 ) - (7 ) , (13), (14)—

Omit the subsections.

Act No. 92, 1983. 5

Noise Control {Licences and Approvals) Amendment.

SCHEDULE 1—continued.

Amendments to the Noise Control Act, 1975— continued.

(9) Section 36 (5 )—

Omit “section 20 (1) or (2 )”, insert instead “the State Pollution

Control Commission Act, 1970,”.

(10) Section 64 (3) (b )—

Omit the paragraph.

(11) Section 68 (1) (a), (b)—

Omit the paragraphs.

(12) Section 76 (1) (e)—

Omit “or the conditions in force and attached to any licence or approval under this Act”.

(13) Section 78 (5) (h), (i)—

Omit the paragraphs, insert instead:—

(h) that a pollution control approval was, or was not, given in relation to any matter so specified;

(i)   that a pollution control approval was, or was not, subject to conditions so specified;

(14) (a) Section 79 (a )—

After “regulations;”, insert “or”.

(b) Section 79 (b), (c)—

Omit the paragraphs.

6  Act No. 92, 1983.

Noise Control {Licences and Approvals) Amendment.

SCHEDULE 1—continued.

A mendments to the Noise Control Act, 1975—continued.

(15) Schedule, clause 5—

Omit “Public Transport Commission”, insert instead “State Rail

Authority or the Urban Transit Authority”.