Australian Capital Territory Current Regulations

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ENVIRONMENT PROTECTION REGULATION 2005 - REG 22

Meaning of affected place

    (1)     In this regulation:

"affected place", for noise being emitted from a place in the ACT, means a place (other than a road or road related area), whether inside or outside the ACT, where a person is affected by the noise.

    (2)     However, a parcel of land held under a territory lease is an affected place for noise emitted from the parcel only if the noise is emitted from a unit and the affected place is another unit on the same units plan.

    (3)     For subsection (1), a person at a place (the first place ) is affected by noise being emitted from another place in the ACT ("emitted noise") if—

        (a)     the person is an occupier of the first place (an affected person ); and

        (b)     the affected person complains about the emitted noise to an authorised officer; and

        (c)     the noise level at the first place, as a result of the emitted noise, exceeds the noise standard for the first place.

    (4)     In this section:

"occupier", of a place, includes a person who is lawfully at a place that is on—

        (a)     unleased land; or

        (b)     public land under the Crown Lands Act 1989

(NSW), section 153, as in force from time to time.



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