Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SCHEDULE 1

SCHEDULE 1 – Exclusions relating to environmental nuisance or environmental harm

Part 1 - Environmental nuisance excluded from sections 440 and 440Q

1 Safety and transport noise

Environmental nuisance caused by any of the following types of noise—

(a) noise from an audible traffic signal, at pedestrian lights under the Queensland Road Rules , that complies with AS 1742.10—2009 ‘Pedestrian control and protection’;

Editor’s note—

A copy of AS 1742.10 may be inspected, free of charge, at the department’s office at level 3, 400 George Street, Brisbane.

(b) noise from a warning signal for a railway crossing;

(c) safety signal noise from a reversing vehicle;

(d) noise necessary for the safe operation of a ship, or noise from the operation of a ship in a port, including noise from—

(i) machinery and equipment; or

(ii) shore and ship based port operations for loading onto, or unloading from, a ship, items other than bulk goods; or

(iii) ship to shore communications relating to safe berthing and cargo handling; or

(iv) a ship’s horn;

(e) noise from aircraft movement;

(f) noise from the ordinary use of a public road or State-controlled road;

(g) noise from the ordinary use of a busway, light rail or rail transport infrastructure.

2 Government activities and public infrastructure

Environmental nuisance caused in the course of any of the following activities—

(a) maintaining a public road, State-controlled road, railway or other infrastructure for public transport;

(b) maintaining a public infrastructure facility, including—

(i) infrastructure for a water or sewerage service; and

(ii) a facility for a telecommunication or electricity system;

(c) performing a function under the Disaster Management Act 2003 ;

(d) in the case of the State or a local government—preventing or removing, or reducing the risk to public health from, a public health risk under the Public Health Act 2005 .

3 Nuisance regulated by other laws

Environmental nuisance caused by any of the following—

(a) an act or omission that is a contravention of a local law;

(b) an act done, or omission made, under an authority given under a local law;

(c) noise to which the Police Powers and Responsibilities Act 2000 , chapter 19 , part 3 applies;

(d) an emission of a contaminant at a workplace, within the meaning given by the Work Health and Safety Act 2011 , section 8 , that does not extend beyond the workplace;

(e) a public health risk within the meaning given by the Public Health Act 2005 , section 11 ;

(f) development carried out under any of the following approvals or certificates, if the approval or certificate authorises the environmental nuisance—

(i) a development approval;

(ii) a PDA development approval under the Economic Development Act 2012 ;

(iii) an exemption certificate under the Planning Act ;

(iv) a PDA exemption certificate under the Economic Development Act 2012 ;

(g) development carried out, or the use of premises, under a designation made under the Planning Act by the Minister who administers chapter 2 , part 5 of that Act, to the extent the environmental nuisance, or an activity that causes the environmental nuisance, is regulated by a requirement of the designation;

(h) the use, for a fireworks display, of explosives within the meaning given by the Explosives Act 1999 ;

(i) smoking within the meaning given by the Tobacco and Other Smoking Products Act 1998 ;

(j) noise from a special event prescribed under a regulation for the Major Sports Facilities Act 2001 , section 30A that complies with any conditions prescribed under the regulation, for the use of the facility where the event takes place, about noise levels for the event;

(k) an act done or omission made under an approved compliance management plan under the Transport Infrastructure Act 1994 , section 477G .

Notes—

1 See the Economic Development Act 2012 , section 54 (7) in relation to by-laws made under that Act that are taken, for paragraphs (a) and (b), to be local laws.

2 See also the Major Events Act 2014 , section 79 for an exemption from this Act for light and noise.

Part 2 - Exclusions from environmental harm and environmental nuisance

4 Non-domestic animal noise

Animal noise from a non-domestic animal.

5 Particular cooking odours

A cooking odour from cooking carried out on land on which a class 1, 2 or 3 building under the Building Code of Australia is constructed.