118Unreasonable noise from commercial, industrial and trade premises

118 Unreasonable noise from commercial, industrial and trade premises

(1) For the purposes of paragraph (b) of the definition of unreasonable noise in section 3(1) of the Act, noise emitted from commercial, industrial and trade premises is prescribed to be unreasonable noise if the effective noise level of the noise exceeds—

(a) the noise limit that applies at the time the noise is emitted; or

(b) the alternative assessment criterion that applies at the time the noise is emitted if the assessment of an effective noise level is conducted at an alternative assessment location in accordance with the Noise Protocol.

(2) For the purposes of subregulation (1)(a), the lowest decibel value that may be set as the noise limit (the base noise limit) is—

(a) in the case of noise emitted in a major urban area—

(i) during the day period, 45dB(A); or

(ii) during the evening period, 40dB(A); or

(iii) during the night period, 35dB(A); and

(b) in the case of noise emitted in a rural area—

(i) during the day period, 45dB(A);or

(ii) during the evening period, 37dB(A); or

(iii) during the night period, 32dB(A).

(3) The noise limit for commercial, industrial and trade premises for the night period must not exceed 55dB(A).