Protection of the Environment Operations Act 1997 Protection of the Environment Operations (Penalty Notices) Amendment (Noisy Vehicle Sound Systems) Regulation 2002 (2002-432) [GG No 106 of 28.6.2002, p 4787] (NSW)
2002 No 432
New South Wales
Protection of the Environment
Operations (Penalty Notices)
Amendment (Noisy Vehicle Sound
Systems) Regulation 2002
under the
Protection of the Environment Operations Act 1997
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Protection of the Environment Operations Act 1997.
BOB DEBUS, M.P.,
Minister for the Environment
Explanatory note
The object of this Regulation is to amend the Protection of the Environment Operations (Penalty Notices) Regulation 1999 (the principal Regulation) to include a new proposed offence in Schedule 1 to the principal Regulation which provides that a driver of a motor vehicle with a sound system must not drive or use the motor vehicle on a road or road related area if the sound system emits offensive noise (proposed clause 17A of the Protection of the Environment Operations (Noise Control) Regulation 2000 (the 2000 Regulation)). The proposed offence is an offence for which a penalty notice can be issued and is subject to a penalty of $150. Officers or employees of the Environment Protection Authority and police officers are prescribed as enforcement officers in relation to this penalty notice offence.
Schedule 1 to the Protection of the Environment Operations (Noise Control) Amendment (Noisy Vehicle Sound Systems) Regulation 2002 proposes to insert clause 17A in the 2000 Regulation.
| Published in Gazette No 106 of 28 June 2002, page 4787 | Page 1 |
| [4] | |
| 2002 No 432 |
Protection of the Environment Operations (Penalty Notices) Amendment (Noisy Vehicle
Sound Systems) Regulation 2002
Explanatory note
Under a proposed amendment of the Road Transport (Driver Licensing) Regulation 1999, the offence will attract two demerit points being recorded against the driver’s licence (three demerit points on a long weekend).
Out-of-date references to officers of the Darling Harbour Authority have been omitted. A consequential amendment has been also made to the clausal cross- reference to Schedule 1 to the principal Regulation.
This Regulation is made under the Protection of the Environment Operations Act 1997, including section 323 (the general regulation-making power) and sections 226 and 227.
Page 2
2002 No 432
| Protection of the Environment Operations (Penalty Notices) Amendment | Clause 1 |
| (Noisy Vehicle Sound Systems) Regulation 2002 |
Protection of the Environment Operations (Penalty
Notices) Amendment (Noisy Vehicle Sound
Systems) Regulation 2002
1 Name of Regulation
This Regulation is the Protection of the Environment Operations (Penalty Notices) Amendment (Noisy Vehicle Sound Systems) Regulation 2002.
2 Commencement
This Regulation commences on 1 July 2002.
3 Amendment of Protection of the Environment Operations (Penalty Notices) Regulation 1999
The Protection of the Environment Operations (Penalty Notices)
Regulation 1999 is amended as set out in Schedule 1.
Page 3
2002 No 432
Protection of the Environment Operations (Penalty Notices) Amendment
(Noisy Vehicle Sound Systems) Regulation 2002
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 6 Enforcement officers: section 226
Omit “or of the Darling Harbour Authority” from clause 6 (5) (h).
[2] Clause 6 (6) (b)
Omit the paragraph.
[3] Schedule 1 Penalty notice offences
Omit “(Clauses 5–9)”. Insert instead “(Clauses 5–8)”.
[4] Schedule 1
Insert in numerical order of clauses in the matter relating to the Protection of the Environment Operations (Noise Control) Regulation 2000 (as amended by Schedule 1 [6] and [7] to the Protection of the Environment Operations (Penalty Notices) Amendment (Waste Offences) Regulation 2002) in Columns 1 (Provision of Regulation), 2 (Officer) and 3 (Penalty (individuals)), respectively:
|
BY AUTHORITY
Page 4
0
0
0