Protection of the Environment Operations (Noise Control) Regulation 2017 (2017-449) (NSW)

Protection of the Environment Operations (Noise Control) Regulation 2017

Part 1 Preliminary

1 Name of Regulation This Regulation is the Protection of the Environment Operations (Noise Control) Regulation 2017.

2 Commencement This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Protection of the Environment Operations (Noise Control) Regulation 2008, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— Approved Methods document means the document entitled Approved Methods for Testing Noise Emissions, prepared by the EPA and published in the Gazette, as in force from time to time. approved noise label, in relation to an article, means a noise label of a size, design, format and construction approved by the EPA for articles of that type. approved nomination notice has the same meaning as in section 38 of the Fines Act 1996. authorised marine officer means any of the following— (a) an authorised officer, (b) a police officer, (c) an officer or employee of the marine authority who is authorised by the authority for the purposes of Parts 3 and 5. defective noise control equipment in relation to a motor vehicle means noise control equipment that— (a) allows gas to escape from a place other than the intended exhaust outlet, or (b) allows the emission of more noise than the original noise control equipment fitted by the manufacturer of the vehicle and (if the noise control equipment relates to, or is part of, the vehicle's exhaust system) the system of which is capable of emitting exhaust noise at a level that an authorised officer reasonably believes is above the level specified in Schedule 1 in respect of the vehicle, or (c) has been modified in a way that an authorised officer reasonably believes makes it less effective than it would have been if the modification had not been made and (if the modified noise control equipment relates to, or is part of, the vehicle's exhaust system) the system of which is capable of emitting exhaust noise at a level that an authorised officer reasonably believes is above the level specified in Schedule 1 in respect of the vehicle. defective vehicle notice means a notice under clause 59 (1). defective vessel notice means a notice under clause 59 (2). drive has the same meaning as in the Road Transport Act 2013. EU Outdoor Noise Directive means Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors.