117Noise sources that must not be taken into account in this Division

117 Noise sources that must not be taken into account in this Division

(1) In this Division, when the level of noise emitted from commercial, industrial and trade premises is assessed, the following sources of noise must not be taken into account—

(a) music;

(b) voices;

(c) noise from—

(i) crowds;

(ii) firearms;

(iii) lawnmowing;

(iv) construction or demolition activities on building sites;

(v) sporting events;

(vi) intruder, emergency or safety alarms or sirens;

(vii) aircraft (except for ground maintenance activities);

(viii) mobile farm machinery (except for maintenance activities);

(ix) scare and anti-hail guns;

(x) livestock on farms or saleyards;

(xi) equipment used in relation to an emergency;

(xii) non-commercial vehicles (except for maintenance activities);

(xiii) large fans used to circulate air over a wide area where crops such as citrus, stone fruit or vines are grown (frost fans);

(xiv) wind turbines at wind energy facilities (used to generate electricity by wind force);

(xv) blasting undertaken in association with earth resources activity.

emergency has the same meaning as in the Emergency Management Act 2013.

For the purposes of section 166 of the Act, noise emitted 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.