18Offensive noise

18  Offensive noise

 (1) For the purposes of this instrument, offensive noise is noise that is generated at a volume, or in a way, or under a circumstance, that, in the reasonable opinion of an airport environment officer, offensively intrudes on individual, community or commercial amenity.

Note 1: Noise includes vibration, see the definition of noise in section 5.

Note 2: This instrument does not apply to noise generated by an aircraft in flight or when landing, taking off or taxiing at an airport, see paragraph 7(b).

Note 3: For the duty to prevent offensive noise occurring, see section 25.

 (2) In forming an opinion for the purposes of subsection (1), the airport environment officer must have regard to:

 (a) the volume, tonality and impulsive character (if any) of the noise; and

 (b) the time of day the noise is generated, and the duration of the noise; and

 (c) background noise levels at the time the noise is generated; and

 (d) the location, in relation to the source of the noise, of:

 (i) sensitive receptors; or

 (ii) if there are no affected sensitive receptors—commercial receptors; and

 (e) the indicators of excessive noise set out:

 (i) in Schedule 4; or

 (ii) if a relevant local standard applies in substitution for Schedule 4—in that local standard.

Part 3—Duties of operators of undertakings at airports