Australian Capital Territory Numbered Regulations

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ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 25

25. (1) For the purpose of determining whether noise being emitted from a parcel of land is in compliance with the Act or these Regulations, the noise level shall be measured at the compliance location for that parcel of land.

(2) The compliance location is—

        (a)     if the noise is being emitted during the course of conducting an activity in respect of which an environmental authorisation or an environmental protection agreement is in effect; and

        (b)     if the authorisation or agreement specifies the compliance location;

the location so specified.

(3) The compliance location for public land to which subregulation (2) does not apply is, if—

        (a)     the noise is being emitted during the course of conducting an activity in respect of which an approval is in force; and

        (b)     the approval specifies the compliance location;

that location.

(4) The compliance location for leased land to which subregulation (2) does not apply is—

        (a)     if the boundary of the leased land is formed by a road separating 2 noise zones; and

        (b)     if those noise zones have different zone noise standards in respect of the period during which the noise is emitted;

any point on or as near as practicable to the boundary of the noise zone with the lowest of those zone noise standards.

(5) The compliance location for leased land to which neither subregulation (2) or (4) applies is—

        (a)     if the noise is being emitted from 1 of 2 or more sole occupancy units on the leased land—

              (i)     any point within any of those other units; and

              (ii)     any point on or as near as practicable to the boundary of the leased land; or

        (b)     in any other case—any point on or as near as practicable to the boundary of the leased land.

(6) The compliance location for unleased land to which neither subregulation (2) nor (3) applies is any point as near as practicable to 5 metres from the source of the noise.

Adjoining noise zones



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