114Unreasonable noise from residential premises

114 Unreasonable noise from residential premises

(1) For the purposes of section 167(2) of the Act—

(a) an item within an item group in column 2 of the Table is a prescribed item; and

(b) subject to subregulation (2), the time specified in column 3 of the Table that corresponds to an item group is prescribed as a prohibited time for an item within that item group.

(2) For the purposes of section 167(2) of the Act, a time specified in column 3 of the Table is not prescribed as a prohibited time in respect of an item within item group 4 at any time a heat health alert is in effect in the weather forecast district in which the item is located.

A period during which a heat health alert is in effect in the Central Forecast Region is not taken to be a prohibited time for the purposes of section 167(2) of the Act in relation to the use of domestic air conditioners in that Region.

For the purposes of section 167(1) of the Act, noise emitted from residential premises by an item prescribed by this regulation may be unreasonable having regard to paragraphs (a)(i)–(v) of the definition of unreasonable noise in section 3(1) of the Act even if the use is not during a prohibited time.

heat health alert means an alert issued by the Chief Health Officer under the heat health alert system operated by the Department of Health or any subsequent equivalent system operated by that Department or the Bureau of Meteorology.

| Column 1<br>Item group | Column 2<br>Prescribed items | Column 3<br>Prohibited times | | 1 | A motor vehicle (other than a vehicle moving in or out of premises), vessel or personal watercraft, lawn mower or other grass cutting device or any item with an internal combustion engine that does not fall within item group 2. | Monday to Friday: before 7 a.m. and after 8 p.m.<br>Weekends and public holidays: before 9 a.m. and after 8 p.m. | | 2 | An electric power tool, chain or circular saw, gas or air compressor, pneumatic power tool, hammer, impacting tool or grinding equipment. | Monday to Friday: before 7 a.m. and after 8 p.m.<br>Weekends and public holidays: before 9 a.m. and after 8 p.m. | | 3 | Heating equipment (including central heating, a hot water system or a heat pump, air conditioner or split system used for heating), a vacuum cleaner, swimming pool pump, spa pump, or a water pump (other than a pump being used to fill a header tank). | Monday to Friday: before 7 a.m. and after 10 p.m.<br>Weekends and public holidays: before 9 a.m. and after 10 p.m. | | 4 | An air conditioner, evaporative cooler or split system used for cooling. | Monday to Friday: before 7 a.m. and after 11 p.m.<br>Weekends and public holidays: before 9 a.m. and after 11 p.m. | | 5 | A musical instrument or any electrical amplified sound reproducing equipment including a stereo, radio, television or public address system. | Monday to Thursday: before 7 a.m. and after 10 p.m.<br>Friday: before 7 a.m. and after 11 p.m.<br>Saturday and public holidays: before 9 a.m. and after 11 p.m.<br>Sunday: before 9 a.m. and after 10 p.m. | | 6 | An item of electrical equipment that does not fall within item group 2, 3, 4 or 5, other than an item for personal care or grooming, or for food heating, food refrigeration or food preparation. | Monday to Friday: before 7 a.m. and after 8 p.m.<br>Weekends and public holidays: before 9 a.m. and after 8 p.m. |