sec.246XDesignation of transport noise corridor—local governments

### sec.246X Designation of transport noise corridor—local governments A local government may, by gazette notice, designate land as a transport noise corridor. A local government may designate land under subsection (1) only if— the land is within— 100m of a road under its control; or a distance of more than 100m but not more than 200m of a road under its control, if the noise level caused by traffic on the road at the distance has been measured, in a way approved by the chief executive, to be at least 58db(A); and the road has an AADT of at least 3,000 vehicles. At least 20 business days before acting under subsection (1) , the local government must give the chief executive written notice about the proposed designation. The notice must— identify the land that is proposed to be designated; and include information reasonably required by the chief executive about the likely levels of noise within the proposed transport noise corridor caused by traffic on the road for which the designation is proposed; and state the proposed gazettal day for the designation. The information mentioned in subsection (4) (b) must be given in the form required by the chief executive. If the local government designates land under this section, the land must be— identified specifically in the gazette notice; or identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for inspection at an office of the local government mentioned in the gazette notice. In this section— AADT , for a road, means its annual average daily traffic rate worked out by using the following formula— where— AADT is the annual average daily traffic rate. V is the total volume of vehicular traffic for the road in a year, worked out under a relevant guideline for measuring traffic volume published by Austroads. s 246X ins 2009 No. 51 s 29 (sec.246X-ssec.1) A local government may, by gazette notice, designate land as a transport noise corridor. (sec.246X-ssec.2) A local government may designate land under subsection (1) only if— the land is within— 100m of a road under its control; or a distance of more than 100m but not more than 200m of a road under its control, if the noise level caused by traffic on the road at the distance has been measured, in a way approved by the chief executive, to be at least 58db(A); and the road has an AADT of at least 3,000 vehicles. (sec.246X-ssec.3) At least 20 business days before acting under subsection (1) , the local government must give the chief executive written notice about the proposed designation. (sec.246X-ssec.4) The notice must— identify the land that is proposed to be designated; and include information reasonably required by the chief executive about the likely levels of noise within the proposed transport noise corridor caused by traffic on the road for which the designation is proposed; and state the proposed gazettal day for the designation. (sec.246X-ssec.5) The information mentioned in subsection (4) (b) must be given in the form required by the chief executive. (sec.246X-ssec.6) If the local government designates land under this section, the land must be— identified specifically in the gazette notice; or identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for inspection at an office of the local government mentioned in the gazette notice. (sec.246X-ssec.7) In this section— AADT , for a road, means its annual average daily traffic rate worked out by using the following formula— where— AADT is the annual average daily traffic rate. V is the total volume of vehicular traffic for the road in a year, worked out under a relevant guideline for measuring traffic volume published by Austroads. - (a) the land is within— (i) 100m of a road under its control; or (ii) a distance of more than 100m but not more than 200m of a road under its control, if the noise level caused by traffic on the road at the distance has been measured, in a way approved by the chief executive, to be at least 58db(A); and - (i) 100m of a road under its control; or - (ii) a distance of more than 100m but not more than 200m of a road under its control, if the noise level caused by traffic on the road at the distance has been measured, in a way approved by the chief executive, to be at least 58db(A); and - (b) the road has an AADT of at least 3,000 vehicles. - (i) 100m of a road under its control; or - (ii) a distance of more than 100m but not more than 200m of a road under its control, if the noise level caused by traffic on the road at the distance has been measured, in a way approved by the chief executive, to be at least 58db(A); and - (a) identify the land that is proposed to be designated; and - (b) include information reasonably required by the chief executive about the likely levels of noise within the proposed transport noise corridor caused by traffic on the road for which the designation is proposed; and - (c) state the proposed gazettal day for the designation. - (a) identified specifically in the gazette notice; or - (b) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for inspection at an office of the local government mentioned in the gazette notice.