{"id":"tas:sr-2016-057","name":"Environmental Management and Pollution Control (Noise) Regulations 2016","slug":"environmental-management-and-pollution-control-noise-regulations-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"57 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186302,"registerId":"tas-tas:sr-2016-057-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Environmental Management and Pollution Control (Noise) Regulations 2016](/view/html/inforce/2026-04-12/sr-2016-057) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) ;\n> \n> > ***approved instrument*** means any of the following instruments while in force:\n> > \n> > > > (a) an environment protection notice issued by the Director under [section 27](/view/html/inforce/2026-04-12/act-1994-044#GS27@EN) of the Act;\n> > > \n> > > > (b) an environment protection notice, issued, or caused to be issued, under [section 44](/view/html/inforce/2026-04-12/act-1994-044#GS44@EN) of the Act;\n> > > \n> > > > (c) an emergency authorization, issued by the Director, or an authorized officer under [section 34](/view/html/inforce/2026-04-12/act-1994-044#GS34@EN) of the Act;\n> > > \n> > > > (d) a permit issued under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) ;\n> > > \n> > > > (e) a building permit issued under section 60 of the *Building Act 2000*;\n> > > \n> > > > (f) a permit granted by the Commissioner of Police under [section 49 of the](/view/html/inforce/2026-04-12/act-1935-044#GS49@EN) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) ;\n> > > \n> > > > (g) a permit issued under a by-law made under [section 145 of the](/view/html/inforce/2026-04-12/act-1993-095#GS145@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> \n> > ***aquatic event*** means an event where a motor vessel is operated for recreation, competitive racing, speed trials or performance trials;\n> \n> > ***equipment*** includes fixed equipment;\n> \n> > ***fixed equipment*** includes domestic heating equipment, systems for the production of hot water, air conditioners, evaporative coolers, pumps, generators or wind turbines, that are affixed at the location at which they are in use;\n> \n> > ***habitable room*** has the same meaning as in [section 53](/view/html/inforce/2026-04-12/act-1994-044#GS53@EN) of the Act;\n> \n> > ***motor vehicle*** means a vehicle that is –\n> > \n> > > > (h) powered by an internal combustion engine; and\n> > > \n> > > > (i) operated in an area that is not a public street;\n> \n> > ***motor vessel*** means a vessel, propelled by an internal combustion engine, on water;\n> \n> > ***public street*** means public street as defined in the [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) ;\n> \n> > ***racing event*** means any event where motor vehicles are operated for competitive racing, speed trials or performance trials;\n> \n> > ***residential premises*** has the same meaning as in [section 53](/view/html/inforce/2026-04-12/act-1994-044#GS53@EN) of the Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application of regulations","content":"### 4 Application of regulations\n\n> These regulations apply to noise that is not the subject of noise control measures specified in an approved instrument.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"General exclusions","content":"### 5 General exclusions\n\n> These regulations do not apply to noise that is emitted by the operation of any equipment or machine carrying out work that is required for the following purposes:\n> \n> > > (a) public health and safety;\n> > \n> > > (b) the provision of emergency services by emergency services personnel in emergency situations;\n> > \n> > > (c) the safety or security of plant and equipment in emergency situations.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provisions Relating Generally to Operation of Equipment","content":"# Part 2 Provisions Relating Generally to Operation of Equipment","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Equipment with noise restrictions relating to hours of use","content":"### 6 Equipment with noise restrictions relating to hours of use\n\n> > (1)  A person must not operate equipment, or a machine, specified in [Schedule 1](#JS1@EN) , on –\n> > \n> > > > (a) any residential premises; or\n> > > \n> > > > (b) any site where construction, or demolition, that is not the construction or demolition of a public street, is taking place –\n> > \n> > if the noise emitted by the equipment, or machine, when so operated is, or is likely to be, audible in a habitable room in any residential premises, other than the residential premises referred to in [paragraph (a)](#GS6@Gs1@Hpa@EN) , whether or not the doors and windows of that habitable room are opened or closed.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.\n> \n> > (2)  [Subregulation (1)](#GS6@Gs1@EN) does not apply in respect of the operation of equipment, or a machine, if –\n> > \n> > > > (a) the equipment or machine is operated outside the prohibited hours of use specified in [Schedule 1](#JS1@EN)  –\n> > > > \n> > > > > > (i) for that equipment or machine; and\n> > > > > \n> > > > > > (ii) for the day on which the equipment or machine is operated; and\n> > > \n> > > > (b) the noise emitted by the equipment or machine is not otherwise unlawful.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Fixed equipment","content":"### 7 Fixed equipment\n\n> > (1)  A person must not operate fixed equipment on any premises –\n> > \n> > > > (a) from 7.00 a.m. until 10.00 p.m., if the fixed equipment, when so operated, emits noise that is greater than 45dB(A); or\n> > > \n> > > > (b) from 10.00 p.m. until 7.00 a.m., if the fixed equipment, when so operated, emits noise that is greater than 40dB(A).\n> > \n> > Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.\n> \n> > (2)  A measurement of noise, emitted by fixed equipment on any premises, that is to be measured at residential premises –\n> > \n> > > > (a) is to be taken one metre from the external wall, of the residential premises, that is closest to the fixed equipment emitting the noise; or\n> > > \n> > > > (b) if the distance between the external wall of the residential premises closest to the fixed equipment and the property boundary of the residential premises is less than one metre, is to be taken at that property boundary.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Motor vehicles and motor vessels operated near residential premises for purposes of sport or recreation","content":"### 8 Motor vehicles and motor vessels operated near residential premises for purposes of sport or recreation\n\n> > (1)  A person must not, within 500 metres of residential premises, operate a motor vehicle, or motor vessel, for the purposes of sport or recreation, unless –\n> > \n> > > > (a) the vehicle or vessel is being operated by the owner of the premises; and\n> > > \n> > > > (b) there is no other residential premises within 500 metres of where the vehicle or vessel is being so operated; and\n> > > \n> > > > (c) the noise emitted by the vehicle or vessel is not otherwise unlawful.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.\n> \n> > (2)  For the purposes of [subregulation (1)](#GS8@Gs1@EN) , a motor vehicle or motor vessel is not being operated for the purposes of sport or recreation if –\n> > \n> > > > (a) in the case of a motor vehicle, the motor vehicle is being –\n> > > > \n> > > > > > (i) operated on a public street; or\n> > > > > \n> > > > > > (ii) driven directly to or from a place that is further than 500 metres from residential premises; or\n> > > > > \n> > > > > > (iii) driven directly to or from a place for the purposes of cleaning, maintenance, refuelling or repairs; or\n> > > \n> > > > (b) in the case of a motor vessel, the motor vessel is being –\n> > > > \n> > > > > > (i) driven directly to or from a place that is further than 500 metres from residential premises; or\n> > > > > \n> > > > > > (ii) driven directly to or from a place for cleaning, maintenance, refuelling, repairs or unloading or loading passengers –\n> > > > \n> > > > and the motor vessel is not planing while being so driven.\n> \n> > (3)  [Subregulation (1)](#GS8@Gs1@EN) does not apply to a motor vehicle, or motor vessel, being operated –\n> > \n> > > > (a) at a racing event, or an aquatic event, that is an event authorised under an approved instrument; and\n> > > \n> > > > (b) in accordance with that approved instrument.\n> \n> > (4)  [*\\[Regulation 8 Subregulation (4) inserted by S.R. 2021, No. 66, Applied:18 Aug 2021\\]*](/view/html/inforce/2021-08-18/sr-2021-066#GS4@EN) [Subregulation (1)](#GS8@Gs1@EN) does not apply to a motor vessel being operated within a designated ski area, within the meaning of the *Marine and Safety (Motor Boats and Licences) By-laws 2013*.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Chainsaw operation near residential premises","content":"### 9 Chainsaw operation near residential premises\n\n> > (1)  In this regulation –\n> > \n> > > ***chainsaw*** means a chainsaw powered by an internal combustion engine.\n> \n> > (2)  A person on premises, other than residential premises, must not operate a chainsaw within 300 metres of residential premises unless –\n> > \n> > > > (a) the operation of the chainsaw is authorised under an approved instrument; and\n> > > \n> > > > (b) the noise emitted by the chainsaw is not otherwise unlawful.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.\n> \n> > (3)  A person on residential premises must not operate a chainsaw within 300 metres of other residential premises unless –\n> > \n> > > > (a) the chainsaw is operated for the purpose of domestic garden maintenance, on only one day in any consecutive 7 days and at a time outside the prohibited hours of use specified in item 1 of the table in [Schedule 1](#JS1@EN) ; or\n> > > \n> > > > (b) the operation of the chainsaw is authorised under an approved instrument –\n> > \n> > and the noise emitted by the chainsaw is not otherwise unlawful.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Prescribed offences","content":"### 10 Prescribed offences\n\n> For the purposes of [section 72](/view/html/inforce/2026-04-12/act-1994-044#GS72@EN) of the Act –\n> \n> > > (a) an offence specified in column 1 of the table in [Schedule 2](#JS2@EN) is a prescribed offence; and\n> > \n> > > (b) a penalty specified in column 2 of the table in [Schedule 2](#JS2@EN) is the penalty prescribed as applicable for the offence to which it relates.","sortOrder":12},{"sectionNumber":"SCHEDULE 1 - Prohibited hours ","sectionType":"part","heading":"SCHEDULE 1 - Prohibited hours of use","content":"# SCHEDULE 1 - Prohibited hours  SCHEDULE 1 - Prohibited hours of use\n\n[Regulations 6](#GS6@EN) and [9](#GS9@EN)\n\n> ***portable equipment*** includes any equipment that can be demounted and transported without major disassembly, such as a power tool, gas or air compressor, generator, pump or cement mixer;\n\n> ***public holiday*** means a statutory holiday within the meaning of the [Statutory Holidays Act 2000](/view/html/inforce/2026-04-12/act-2000-096) ;\n\n> ***sound-amplifying equipment*** means any machine or device that allows the amplification of the human voice, music or any other sound.\n> \n> | Equipment | Day of operation | Prohibited hours of use |\n> | 1. | Chainsaw powered by internal combustion engine operated within 300 metres of residential premises |\n> |  | (a) Monday to Friday | Before 7 a.m. and after 6 p.m. |\n> |  | (b) Saturday | Before 9 a.m. and after 6 p.m. |\n> |  | (c) Sunday or public holiday | Before 10 a.m. and after 6 p.m. |\n> | 2. | Mobile machinery, forklift truck or portable equipment |\n> |  | (a) Monday to Friday | Before 7 a.m. and after 6 p.m. |\n> |  | (b) Saturday | Before 8 a.m. and after 6 p.m. |\n> |  | (c) Sunday or public holiday | Before 10 a.m. and after 6 p.m. |\n> | 3. | Motor vehicle, motor vessel or outboard motor (unless the vehicle, vessel or motor is being operated to move into or out of residential premises or a construction or demolition site) |\n> |  | (a) Monday to Friday | Before 7 a.m. and after 6 p.m. |\n> |  | (b) Saturday | Before 9 a.m. and after 6 p.m. |\n> |  | (c) Sunday or public holiday | Before 10 a.m. and after 6 p.m. |\n> | 4. | Musical instrument or sound-amplifying equipment |\n> |  | (a) Monday to Thursday | Before 7 a.m. and after 10 p.m. |\n> |  | (b) Friday | Before 7 a.m. |\n> |  | (c) Saturday | Before 9 a.m. |\n> |  | (d) Sunday or public holiday | Before 10 a.m. and after 10 p.m. |\n> | 5. | Power lawn mower and other garden maintenance equipment powered by an engine |\n> |  | (a) Monday to Friday | Before 7 a.m. and after 8 p.m. |\n> |  | (b) Saturday | Before 9 a.m. and after 8 p.m. |\n> |  | (c) Sunday or public holiday | Before 10 a.m. and after 8 p.m. |","sortOrder":13},{"sectionNumber":"SCHEDULE 2 - Environmental inf","sectionType":"part","heading":"SCHEDULE 2 - Environmental infringement notice penalties","content":"# SCHEDULE 2 - Environmental inf SCHEDULE 2 - Environmental infringement notice penalties\n\n[Regulation 10](#GS10@EN)\n\n|  | Column 1Regulation | Column 2Penalty(penalty units) |\n| 1. | Regulation 6(1) | 2 |\n| 2. | Regulation 7(1) | 2 |\n| 3. | Regulation 8(1) | 2 |\n| 4. | Regulation 9(2) | 2 |\n| 5. | Regulation 9(3) | 2 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 17 August 2016\n\nThese regulations are administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating noise emissions to protect residential amenity. The 2021 amendment adding subregulation 8(4) regarding designated ski areas represents a minor technical adjustment rather than scope creep, simply clarifying that marine safety designated areas operate under different rules."},"complexity_factors":["12 defined terms in the interpretation section, several cross-referencing other Acts","Multiple nested exceptions and carve-outs (e.g., regulation 8 has three layers of exceptions in subregulations (2), (3), and (4))","Conditional logic based on distance measurements (300m, 500m), time of day, day of week, and property ownership","Cross-references to at least 6 other pieces of legislation (Environmental Management and Pollution Control Act 1994, Land Use Planning and Approvals Act 1993, Building Act 2000, Police Offences Act 1935, Local Government Act 1993, Traffic Act 1925, Statutory Holidays Act 2000, Marine and Safety By-laws 2013)","Dual measurement standards for fixed equipment noise (1 metre from wall vs property boundary)","Schedule-based prohibited hours with five different equipment categories and three day-types (weekday, Saturday, Sunday/public holiday)"],"plain_english_summary":"This is Tasmanian law (subordinate legislation made under the Environmental Management and Pollution Control Act 1994) that sets rules about when and where you can make noise, with the goal of protecting people in their homes from unreasonable disturbance.\n\n**What it covers:**\n- **Equipment and machines**: Rules for using noisy equipment like chainsaws, lawn mowers, power tools, generators, and compressors on residential properties or construction sites. These generally can't be used outside specific hours (usually 7am–6pm weekdays, with later start times on weekends and public holidays).\n- **Fixed equipment**: Permanent installations like air conditioners, hot water systems, pumps, and wind turbines must meet decibel limits (45dB(A) during the day, 40dB(A) at night) when measured from neighbouring properties.\n- **Motor vehicles and boats**: You can't operate noisy motorbikes, quad bikes, or motorised boats for fun within 500 metres of someone's home unless you own that property and there are no other homes within 500 metres. There are exceptions for driving on public roads, travelling to maintenance facilities, or authorised racing events.\n- **Chainsaws**: Special restrictions apply—generally can't be used within 300 metres of homes except for limited domestic garden maintenance (once per week, outside prohibited hours) or with a permit.\n\n**Who it affects:**\n- Homeowners and renters using power tools or garden equipment\n- Construction and demolition workers\n- People operating motorised recreational vehicles or boats\n- Businesses with fixed equipment like generators or pumps\n- Event organisers running motor sports or aquatic events\n\n**Key concepts:**\n- **Approved instrument**: A permit or authorisation issued by authorities (like the EPA Director, police, or local council) that allows noise that would otherwise breach these rules.\n- **Habitable room**: Basically any room in a house used for living (bedrooms, lounges, etc.), not just kitchens or bathrooms.\n- **Penalty units**: A standard way of calculating fines—these change yearly with inflation.\n\n**Why it matters:**\nThese rules give neighbours legal grounds to complain about unreasonable noise and give authorities power to issue fines (up to 50 penalty units, or on-the-spot fines of 2 penalty units for minor breaches). It balances everyday activities against the right to peace and quiet at home, with exemptions for emergencies, public safety, and authorised events."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available information, the regulations appear to remain consistent with their original intent of providing operational noise pollution control rules under Tasmania's environmental management framework. No significant scope changes are evident from the metadata provided, though the 2024 file modification suggests at least minor amendments have been made since the 2016 commencement."},"complexity_factors":["Technical noise measurement standards and methodologies require scientific/acoustic expertise to interpret","Regulations interact with the parent Act (Environmental Management and Pollution Control Act 1994), requiring both documents to be read together","Different noise standards likely apply across different land use zones, time periods, and activity types — creating a matrix of rules","Enforcement and compliance provisions may involve multiple agencies (EPA Tasmania, local councils)","Has been amended since original enactment (last file modification February 2024), meaning different versions may apply to different situations","Full regulatory text was not available for analysis, limiting confidence in scope assessment"],"plain_english_summary":"These Tasmanian regulations prescribe how noise pollution is managed under the Environmental Management and Pollution Control Act, setting practical, enforceable rules on acceptable noise levels, when and where they apply, and how noise is measured. \n\nThey affect businesses, event organisers, residents, councils and regulators by creating obligations for licence/permit holders and giving authorities powers to investigate complaints and take enforcement action to protect health and amenity."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These regulations do not expand the Act’s fundamental regulatory reach; they provide default noise controls that apply where no ‘approved instrument’ covers the activity (reg 4) and exclude noise necessary for public health, emergency services or equipment safety (reg 5). The instrument delegates authorisation and exceptions to approved instruments and authorised officers (reg 3 definition), rather than removing or enlarging the Act’s base powers."},"complexity_factors":["Wide ‘approved instrument’ definition (reg 3) cross-references multiple Acts and instruments, creating layered authorisations and exceptions.","Multiple overlapping temporal restrictions in Schedule 1 tied to equipment categories, days and public holidays increase compliance complexity.","Numeric noise limits for fixed equipment (reg 7) require technical measurement rules (one metre from external wall or at boundary) and practical assessment.","Multiple tailored prohibitions and carve-outs (motor vehicle/vessel definitions and exceptions, racing/aquatic events, designated ski areas) generate interpretive edge cases (reg 8).","Different enforcement tools: criminal penalties (fines up to 50 penalty units, continuing daily fines) and infringement notice penalties mapped in Schedule 2.","Operational discretion for Director and authorised officers via approved instruments and exemptions (regs 4, 5 and definition of approved instrument).","Overlap of affected parties and regulators (residents, businesses, police, planning/building authorities, local government) raises coordination and implementation issues."],"plain_english_summary":"These regulations set default noise controls: time-of-day limits for portable and fixed equipment, numeric dB(A) caps for fixed equipment near homes, and distance/time rules for motor vehicles, vessels and chainsaws. They apply only where an “approved instrument” does not govern noise and exempt work for public health, emergency services and equipment safety.\n\nThey affect equipment operators, property owners, event organisers and regulators by creating compliance obligations, allowing authorised instruments to override limits, and attaching fines for breaches."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2016","history":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2016/history","analysis":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2016/analysis","conflicts":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2016/conflicts","importantCases":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2016/important-cases","documents":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2016/documents"}}