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 Environmental Management and Pollution Control (Miscellaneous Noise) Regulations

The Noise regulations are currently under review and new draft regulations can be found at Draft Environmental Management and Pollution Control (Noise) Regulations 2016 and Regulatory Impact Statement.

Overview

The Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2014 regulations are made under the Environmental Management and Pollution Control Act 1994 (EMPCA). In general the Regulations are implemented by local government and Tasmania Police.

The previous regulations EMPC (Miscellaneous Noise) Regulations 2004 expired on 20 July 2014 and have been replaced by the EMPC (Miscellaneous Noise) Regulations 2014 which apply from 21 July 2014.

The aim of the 2014 Regulations remains unchanged from the 2004 Regulations in regard to improving the environmental management of ‘neighbourhood’ noise sources such as lawn mowers, heat pumps, chainsaws and off-road vehicles.

The 2014 Regulations will expire in two years' time during which time a thorough review will be carried out to assess the best way to manage and regulate current and emerging residential noise pollution and to align with the new policies of the State Government.

Legislation online

The regulations are available on line at Tasmania’s The Law website.

Provisions

The Regulations include the following permissible times* for using various types of machinery on residential premises, including residential construction sites:

Lawnmowers and other power garden maintenance equipment Monday to Friday: 7am to 8pm
Saturday: 9am to 8pm
Sunday and Public Holidays: 10am to 8pm
Chainsaws
(Note: May be used for domestic garden maintenance on only one day in any 7 consecutive days)
Monday to Friday: 7am to 6pm
Saturday: 9am to 6pm
Sunday and Public Holidays: 10am to 6pm
Musical instruments and sound amplifying equipment Monday to Thursday: 7am to 10pm
Friday: 7am to midnight
Saturday: 9am to midnight
Sunday and Public Holidays: 10am to 10pm
Motor vehicles, motor vessels & outboard motors
(unless moving in and out of premises)
Monday to Friday: 7am to 6pm
Saturday: 9am to 6pm
Sunday and Public Holidays: 10am to 6pm
Portable apparatus
(e.g. power and percussion tools, compressors, pumps, generators and cement mixers)
Monday to Friday: 7am to 6pm
Saturday: 9am to 6pm
Sunday and Public Holidays: 10am to 6pm
Mobile machinery, forklift trucks and industrial motor vehicles
(e.g. tractors, graders, rollers & cranes)
Monday to Friday: 7am to 6pm
Saturday: 8am to 6pm
Sunday and Public Holidays: 10am to 6pm


* refer to regulation 14 for conditions applying to use of machinery outside these hours.

Supporting Documents

Any measurement of noise or test of a noise source for the purposes of the Regulations must be made in accordance with the Noise Measurement Procedures Manual.

Background

The previous Environmental Management and Pollution Control (Miscellaneous Noise) Regulations were made in 2004, following a period of public consultation which included the release of draft regulations and a Regulatory Impact Statement

Draft Amendments to the Regulations, including a Regulatory Impact Statement (RIS), were released for public consultation in March 2009.

Thirty four submissions were received. An overview of suggestions and comments on the proposed amendments is available in the Summary of Submissions.

As a result of the consultation the draft amendments were revised and the amended Regulations came into effect on 17 February 2010.

For further information

Environmental Policy and Support Services Section
EPA Division, DPIPWE
134 Macquarie Street
Hobart TAS 7000
Phone: 03 6165 4599  Fax: 03 6173 0254
Email: EnvironmentEnquiries@environment.tas.gov.au