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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Sydney Olympic Park Authority
Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Sydney Olympic Park Authority Act 2001
No 57 3
Schedule 2 Amendment of Protection of the Environment Operations
(General) Regulation 2009 6
b2009-088-25.d07
New South Wales
Sydney Olympic Park Authority
Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Sydney Olympic Park Authority Act 2001 to make provision
with respect to noise management at major events carried on at Sydney Olympic
Park; to make provision with respect to the functions of the Sydney Olympic Park
Authority in relation to residential facilities; and for other purposes.
Clause 1 Sydney Olympic Park Authority Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Sydney Olympic Park Authority Amendment Act 2009. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Sydney Olympic Park Authority Amendment Bill 2009
Amendment of Sydney Olympic Park Authority Act 2001 No 57 Schedule 1
Schedule 1 Amendment of Sydney Olympic Park 1
Authority Act 2001 No 57 2
[1] Section 3 Objects 3
Omit "town" from section 3 (a). 4
[2] Section 3 (c) 5
Insert "accessibility standards and" after "practice". 6
[3] Section 4 Definitions 7
Omit the definition of Environmental Guidelines from section 4 (1). 8
Insert instead: 9
Environmental Guidelines means the Environmental Guidelines 10
for Sydney Olympic Park prepared by the Sydney Olympic Park 11
Authority and dated February 2008, as amended from time to 12
time under this Act. 13
[4] Section 4 (1) 14
Insert in appropriate order: 15
Minister for Planning means the Minister administering the 16
Environmental Planning and Assessment Act 1979. 17
ranger means a person appointed as a ranger under 18
section 65 (1). 19
[5] Section 13 Functions--generally 20
Insert ", residential" after "commercial" in section 13 (1) (b). 21
[6] Section 18 Master plan 22
Insert after section 18 (2): 23
(2A) Provisions of the master plan may apply to the whole or any part 24
of Sydney Olympic Park. 25
[7] Section 48A 26
Insert after section 48: 27
48A Legal proceedings and other noise abatement action 28
(1) No criminal proceedings, no civil proceedings (whether at law or 29
in equity) and no noise abatement action may be taken against 30
any person with respect to the emission of noise from Sydney 31
Olympic Park in relation to a major event. 32
Page 3
Sydney Olympic Park Authority Amendment Bill 2009
Schedule 1 Amendment of Sydney Olympic Park Authority Act 2001 No 57
(2) The emission of such noise from Sydney Olympic Park does not 1
constitute a public or private nuisance. 2
(3) This section does not apply to or in respect of noise that exceeds 3
the maximum permissible noise level at the closest residential 4
facade. 5
(4) This section does not limit or otherwise affect: 6
(a) the operation of the Environmental Planning and 7
Assessment Act 1979 or any instrument under that Act in 8
its application to land comprising any part of Sydney 9
Olympic Park, except section 121B of that Act to the 10
extent the functions conferred by that section are not 11
exercised by the Authority, or 12
(b) the functions of the Authority under sections 19 and 25 of 13
this Act. 14
(5) For the purposes of this section: 15
closest residential facade, in relation to noise, means: 16
(a) the residential facade closest to the source of the noise, or 17
(b) if there is more than one source of noise, the residential 18
facade closest to where the noise is loudest, 19
where a reference to a residential facade is a reference to an 20
outside wall of a building containing residential accommodation. 21
major event means a business-oriented occasion or a cultural, 22
social or sporting related occasion occurring on a single day, 23
including an exhibition, a festival, a show and other like 24
happening: 25
(a) designed for more than 10,000 patrons or participants at a 26
single major event venue, or 27
(b) designed for more than 20,000 patrons or participants at 28
two or more major event venues, or 29
(c) that involves a total floor area of temporary tents or 30
marquees of more than 1,000 square metres, or 31
(d) that involves a total floor area of a temporary stage or 32
platform of more than 300 square metres. 33
maximum permissible noise level means: 34
(a) a noise level of 85dB (A) (LA10, 15mins), or 35
(b) if some other noise level is prescribed by the regulations, 36
that other level, 37
Page 4
Sydney Olympic Park Authority Amendment Bill 2009
Amendment of Sydney Olympic Park Authority Act 2001 No 57 Schedule 1
being, in either case, a noise level determined in accordance with: 1
(c) Australian Standard AS 1055.1--1997, Acoustics-- 2
Description and measurement of environmental noise, 3
Part 1: General procedures, as in force from time to time, 4
or 5
(d) Australian Standard AS 1259.1--1990, Acoustics--Sound 6
level meters, Part 1: Non-integrating, as in force from time 7
to time, or 8
(e) Australian Standard AS 2659.1--1988, Guide to the use of 9
sound-measuring equipment, Part 1: Portable sound level 10
meters, as in force from time to time. 11
noise abatement action means: 12
(a) the issuing of a noise control notice, noise abatement order 13
or noise abatement direction under section 264, 268 or 276 14
of the Protection of the Environment Operations Act 1997, 15
or 16
(b) the issuing of an order with respect to noise under 17
section 121B of the Environmental Planning and 18
Assessment Act 1979 by a person other than the Authority, 19
or 20
(c) action of the kind that may be taken following a complaint 21
under section 79 of the Liquor Act 2007, or 22
(d) any other action of a kind prescribed by the regulations. 23
[8] Section 79 Penalty notices 24
Omit section 79 (1). Insert instead: 25
(1) An authorised officer may serve a penalty notice on a 26
person if it appears to the officer that the person has 27
committed an offence against: 28
(a) section 67, being an offence prescribed by the 29
regulations as a penalty notice offence, or 30
(b) the regulations, being an offence prescribed by the 31
regulations as a penalty notice offence. 32
[9] Section 79 (6) (b) 33
Omit "the offence". Insert instead "an offence". 34
[10] Schedule 8 Savings, transitional and other provisions 35
Insert at the end of clause 1 (1): 36
Sydney Olympic Park Authority Amendment Act 2009 37
Page 5
Sydney Olympic Park Authority Amendment Bill 2009
Schedule 2 Amendment of Protection of the Environment Operations (General)
Regulation 2009
Schedule 2 Amendment of Protection of the 1
Environment Operations (General) 2
Regulation 2009 3
Clause 95A 4
Insert after clause 95: 5
95A Noise control--Sydney Olympic Park 6
(1) Activities carried out at Sydney Olympic Park are exempt from 7
the following provisions of the Act: 8
(a) Part 4.3 (but only in so far as the provisions relate to the 9
emission of noise), 10
(b) section 139, 11
(c) Part 8.6. 12
(2) Subclause (1) applies only if the Director-General has approved 13
a noise management plan for Sydney Olympic Park and the 14
activities are carried out in accordance with that noise 15
management plan. 16
(3) In this clause: 17
Sydney Olympic Park has the same meaning as in the Sydney 18
Olympic Park Authority Act 2001. 19
Page 6
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