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ENVIRONMENT PROTECTION (RESIDENTIAL NOISE) REGULATIONS 2018 (SR NO 146 OF 2018) - REG 7

Partial exemptions for premises on fringe residential subdivisions more than 35 metres from nearest property

    (1)     Section 48A(5) of the Act does not apply to noise from an item listed in subregulation (2) that is emitted between 7 a.m. and 9 a.m. on a Saturday from residential premises located—

        (a)     on a fringe residential subdivision; and

        (b)     more than 35 metres from the nearest point of the property boundary of the closest other residential premises.

    (2)     For the purposes of subregulation (1), an item is listed if it is equipment or a motor vehicle that falls within Group 1 or 6 in the Table in regulation 6 and is—

        (a)     earthmoving machinery that does not use an impacting, vibrating or rotating implement operated by hydraulic or pneumatic means; or

        (b)     a concrete dispensing truck; or

        (c)     compaction plant that is a self-propelled single drum vibrating roller or non-vibrating compaction machinery.

    (3)     Subregulation (1) ceases to have effect with respect to noise emitted from a residential premises on one of the following first occurring—

        (a)     20 weeks passes from the commencement of work on the premises using any item listed in subregulation (2);

        (b)     in the case of premises that is a lot on the certified plan of subdivision referred to in the definition of "relevant land", the works referred to in that definition required to construct or upgrade a road are completed on the section of road that adjoins the lot.



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