Environmental Protection Act 1994Reprint noteThis is the last reprint before repeal. Repealed on 1 September 2019 by 2019 SL No. 154 s 10.Environmental Protection (Noise) Policy 2008Part 1Preliminary1Short titleThis environmental protection policy may be cited as the Environmental Protection (Noise) Policy 2008.2CommencementThis policy commences on 1 January 2009.3DefinitionsThe dictionary in schedule 2 defines particular words used in this policy.Part 2Application and purpose of policy4Application of policyThis policy applies to the acoustic environment.5Purpose of policyThe purpose of this policy is to achieve the object of the Act in relation to the acoustic environment.Note—See section 3 of the Act.6How purpose of policy is achievedThe purpose of this policy is achieved by—

(a)identifying environmental values to be enhanced or protected; and

(b)stating acoustic quality objectives for enhancing or protecting the environmental values; and

(c)providing a framework for making consistent, equitable and informed decisions about the acoustic environment.

Part 3Environmental values and acoustic quality objectives7Environmental values for the acoustic environmentThe environmental values to be enhanced or protected under this policy are—

(a)the qualities of the acoustic environment that are conducive to protecting the health and biodiversity of ecosystems; and

(b)the qualities of the acoustic environment that are conducive to human health and wellbeing, including by ensuring a suitable acoustic environment for individuals to do any of the following—

(i)sleep;

(ii)study or learn;

(iii)be involved in recreation, including relaxation and conversation; and

(c)the qualities of the acoustic environment that are conducive to protecting the amenity of the community.

8Acoustic quality objectives for sensitive receptors(1)An acoustic quality objective stated in schedule 1, column 3 for a sensitive receptor stated in column 1 and for a time of day stated in column 2, is prescribed for enhancing or protecting the environmental value stated in column 4 of the schedule for the objective.(2)An acoustic quality objective stated in schedule 1 is expressed as a measurement of an acoustic descriptor.(3)It is intended that the acoustic quality objectives be progressively achieved as part of achieving the purpose of this policy over the long term.(4)This section does not apply to a noise—

(a)mentioned in the Act, schedule 1, part 1, section 1; or

(b)experienced within a dwelling or a workplace if the noise is made within the dwelling or workplace.

(5)In this section—workplace see the Work Health and Safety Act 2011, section 8.s 8 amd 2011 Act No. 18s 404sch 4pt 1Part 4Avoiding, minimising or managing noise9Management hierarchy for noise(1)This section states the management hierarchy for an activity involving noise.Note—See section 51 of the Environmental Protection Regulation 2008.(2)To the extent that it is reasonable to do so, noise must be dealt with in the following order of preference—

(a)firstly—avoid;Example for paragraph (a)—locating an industrial activity in an area that is not near a sensitive receptor

(b)secondly—minimise, in the following order of preference—

(i)firstly—orientate an activity to minimise noise;Example for subparagraph (i)—facing a part of an activity that makes noise away from a sensitive receptor

(ii)secondly—use best available technology;

(c)thirdly—manage.Example for paragraph (c)—using heavy machinery only during business hours

10Controlling background creep(1)This section states the management intent for an activity involving noise.Note—See section 51 of the Environmental Protection Regulation 2008.(2)To the extent that it is reasonable to do so, noise from an activity must not be—

(a)for noise that is continuous noise measured by L_A90,T—more than nil dB(A) greater than the existing acoustic environment measured by L_A90,T; or

(b)for noise that varies over time measured by L_Aeq,adj,T—more than 5dB(A) greater than the existing acoustic environment measured by L_A90,T.

Part 5Miscellaneous11RepealThe Environmental Protection (Noise) Policy 1997, SL No. 342 is repealed.Schedule 1Acoustic quality objectivessection 8Column 1Column 2Column 3Column 4Sensitive receptorTime of dayAcoustic quality objectives (measured at the receptor) dB(A)Environmental valueL_Aeq,adj,1hrL_A10,adj,1hrL_A1,adj,1hrdwelling (for outdoors)daytime and evening505565health and wellbeingdwelling (for indoors)daytime and evening354045health and wellbeingnight-time303540health and wellbeing, in relation to the ability to sleeplibrary and educational institution (including a school, college and university) (for indoors)when open for business or when classes are being offered35health and wellbeingchildcare centre or kindergarten (for indoors)when open for business, other than when the children usually sleep35health and wellbeingchildcare centre or kindergarten (for indoors)when the children usually sleep30health and wellbeing, in relation to the ability to sleepschool or playground (for outdoors)when the children usually play outside55health and wellbeing, and community amenityhospital, surgery or other medical institution (for indoors)visiting hours35health and wellbeinghospital, surgery or other medical institution (for indoors)anytime, other than visiting hours30health and wellbeing, in relation to the ability to sleepcommercial and retail activity (for indoors)when the activity is open for business45health and wellbeing, in relation to the ability to converseprotected area, or an area identified under a conservation plan under the Nature Conservation Act 1992 as a critical habitat or an area of major interestanytimethe level of noise that preserves the amenity of the existing area or placehealth and biodiversity of ecosystemsmarine park under the Marine Parks Act 2004anytimethe level of noise that preserves the amenity of the existing marine parkhealth and biodiversity of ecosystemspark or garden that is open to the public (whether or not on payment of an amount) for use other than for sport or organised entertainmentanytimethe level of noise that preserves the amenity of the existing park or gardencommunity amenitySchedule 2Dictionarysection 3acoustic descriptor means any of the following measures—

•L_Aeq,adj,1hr

•L_A10,adj,1hr

•L_A1,adj,1hr.

acoustic environment means the part of the environment of an area or place characterised by the total amount of noise that may be experienced there.acoustic quality objective, for an area or place, means the maximum level of noise that should be experienced in the acoustic environment of the area or place.‘A’ frequency weighting network means the frequency weighting described under AS IEC 61672.1—2004 (Electroacoustics—Sound level meters, Part 1—Specifications) for frequency weighting ‘A’.A-weighted sound pressure level means a measure of sound adjusted to the ‘A’ frequency weighting network.community amenity means the environmental value mentioned in section 7(c).daytime means the period after 7a.m. on a day to 6p.m. on the day.dB(A) means decibels measured on the ‘A’ frequency weighting network.dwelling means a building or part of a building used or capable of being used as a residence.evening means the period after 6p.m. on a day to 10p.m. on the day.health and biodiversity of ecosystems means the environmental value mentioned in section 7(a).health and wellbeing means the environmental value mentioned in section 7(b).L_A1,adj,1hr means the A-weighted sound pressure level, adjusted for tonal character or impulsiveness, that is exceeded for 1% of a 1 hour period when measured using time-weighting ‘F’.L_A10,adj,1hr means the A-weighted sound pressure level, adjusted for tonal character or impulsiveness, that is exceeded for 10% of a 1 hour period when measured using time-weighting ‘F’.L_A90,T means the A-weighted sound pressure level, obtained using time-weighting ‘F’, that is exceeded for 90% of the measuring period (T).L_Aeq,adj,1hr means an A-weighted sound pressure level of a continuous steady sound, adjusted for tonal character, that within a 1 hour period has the same mean square sound pressure of a sound that varies with time.L_Aeq,adj,T means an A-weighted sound pressure level of a continuous steady sound, adjusted for tonal character, that within a measuring period (T) has the same mean square sound pressure as a sound level that varies with time.night-time means the period after 10p.m. on a day to 7a.m. on the next day.protected area see the Nature Conservation Act 1992, schedule.sensitive receptor means an area or place where noise is measured.time-weighting ‘F’ means a fast standardised response time.visiting hours, for a hospital, surgery or other medical institution, means a period during which members of the public are allowed to visit patients at the hospital, surgery or institution.