{"id":"tas:sr-2026-056","name":"Environmental Management and Pollution Control (Noise) Regulations 2026","slug":"environmental-management-and-pollution-control-noise-regulations-2026","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"56 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":550534,"registerId":"tas-tas:sr-2026-056-current","compilationNumber":null,"startDate":"2026-08-14","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 2026](/view/html/inforce/2026-10-02/sr-2026-056) .","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/2026-10-02/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/2026-10-02/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/2026-10-02/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/2026-10-02/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/2026-10-02/act-1993-070) ;\n> > > \n> > > > (e) a building permit granted under [section 143 of the](/view/html/inforce/2026-10-02/act-2016-025#GS143@EN) [Building Act 2016](/view/html/inforce/2026-10-02/act-2016-025) ;\n> > > \n> > > > (f) a permit granted by the Commissioner of Police under [section 49 of the](/view/html/inforce/2026-10-02/act-1935-044#GS49@EN) [Police Offences Act 1935](/view/html/inforce/2026-10-02/act-1935-044) ;\n> > > \n> > > > (g) a permit issued under a by-law made under [section 145 of the](/view/html/inforce/2026-10-02/act-1993-095#GS145@EN) [Local Government Act 1993](/view/html/inforce/2026-10-02/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> > ***chainsaw*** means a power-driven crosscut saw with teeth mounted on an endless chain;\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/2026-10-02/act-1994-044#GS53@EN) of the Act;\n> \n> > ***motor vehicle*** means a vehicle that is –\n> > \n> > > > (a) built to be propelled by a motor that forms part of the vehicle; and\n> > > \n> > > > (b) operated in an area that is not a public street;\n> \n> > ***motor vessel*** means a vessel, propelled by a motor that forms part of the vessel, on water;\n> \n> > ***public street*** means public street as defined in the [Traffic Act 1925](/view/html/inforce/2026-10-02/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/2026-10-02/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.\n> \n> > (3)  If, in a proceeding for an offence against [subregulation (1)](#GS6@Gs1@EN) , an authorized officer or a council officer gives evidence, based on the officer's own senses, that the noise referred to in [subregulation (1)](#GS6@Gs1@EN)  –\n> > \n> > > > (a) was emitted from a premises or site on which the defendant was operating the equipment or machine referred to in [subregulation (1)](#GS6@Gs1@EN) ; and\n> > > \n> > > > (b) travelled to, or was, or was likely to be, detectable at a residential premises occupied by another person –\n> > \n> > that evidence is *prima facie* evidence of the matters so stated.","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 are 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)  [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 2023*.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Chainsaw operation near residential premises","content":"### 9 Chainsaw operation near residential premises\n\n> > (1)  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> > (2)  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/2026-10-02/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/2026-10-02/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 operated within 300 metres of residential premises | Monday to Friday | Before 7 a.m. and after 6 p.m. |\n> |  |  | Saturday | Before 9 a.m. and after 6 p.m. |\n> |  |  | Sunday or public holiday | Before 10 a.m. and after 6 p.m. |\n> | 2. | Mobile machinery, forklift truck or portable equipment | Monday to Friday | Before 7 a.m. and after 6 p.m. |\n> |  |  | Saturday | Before 8 a.m. and after 6 p.m. |\n> |  |  | 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) | Monday to Friday | Before 7 a.m. and after 6 p.m. |\n> |  |  | Saturday | Before 9 a.m. and after 6 p.m. |\n> |  |  | Sunday or public holiday | Before 10 a.m. and after 6 p.m. |\n> | 4. | Musical instrument or sound-amplifying equipment | Monday to Thursday | Before 7 a.m. and after 10 p.m. |\n> |  |  | Friday | Before 7 a.m. |\n> |  |  | Saturday | Before 9 a.m. |\n> |  |  | 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 a motor | Monday to Friday | Before 7 a.m. and after 8 p.m. |\n> |  |  | Saturday | Before 9 a.m. and after 8 p.m. |\n> |  |  | 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(1) | 2 |\n| 5. | Regulation 9(2) | 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 14 August 2026\n\nThese regulations are administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":14}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The supplied extract contains only the front matter (title, currency, amendment link and administrative references) and does not include substantive clauses or schedules, so there is no direct evidence in this excerpt that the regulations’ substantive scope has changed beyond their stated subject (noise regulation). The presence of a \"Table of Amending Instruments\" suggests the instrument may have been amended since its original form; to determine whether the scope has grown significantly you must review the full text and the amendment history (links shown). This is general legal information, not legal advice; before you act on or rely on this, get a qualified Australian lawyer to check it."},"complexity_factors":["Document header shows active versioning: \"Version current from 14 August 2026 to date (accessed 14 August 2026 at 0:01)\" (indicates updates and multiple versions).","Presence of a \"Table of Amending Instruments\" link (implies amendment history and possible layering of changes).","References to responsible Minister/Department and Administrative Arrangement Order (administrative cross-links and delegated-administration complexity).","Title indicates technical subject‑matter (noise measurement, limits, standards) which typically requires schedules, definitions and technical cross‑references.","Likely cross-references to a principal Act (Environmental Management and Pollution Control framework) and potentially other technical standards — increases conditionality and cross-referencing, though the principal Act text is not shown in the excerpt."],"plain_english_summary":"The Environmental Management and Pollution Control (Noise) Regulations 2026 are a Tasmanian subordinate instrument that, from its title, sets rules about environmental noise: who must meet noise requirements, measurement and limit-setting, and compliance/enforcement mechanics. The online record shows the version current from 14 August 2026 and links to a table of amending instruments and administrative details (minister/department). This is general legal information, not legal advice; get a qualified Australian lawyer to check before relying on it."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2026","history":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2026/history","analysis":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2026/analysis","conflicts":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2026/conflicts","importantCases":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2026/important-cases","documents":"/api/acts/environmental-management-and-pollution-control-noise-regulations-2026/documents"}}