130Unreasonable noise from outdoor entertainment venues or outdoor entertainment events

130 Unreasonable noise from outdoor entertainment venues or outdoor entertainment events

For the purposes of paragraph (b) of the definition of unreasonable noise in section 3(1) of the Act, music noise emitted from an outdoor entertainment venue or outdoor entertainment event is prescribed to be unreasonable noise if—

(a) the effective noise level of the music noise exceeds—

(i) the noise limit that applies to that venue or event at the time the noise is emitted; or

(ii) 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 as specified in the Noise Protocol; or

(b) the music noise is audible within a noise sensitive area—

(i) in the case of an outdoor entertainment venue, outside the hours set out in any permit issued by the Authority or, if there is no permit, outside the standard operating hours set out in regulation 128(2); or

(ii) in the case of an outdoor entertainment event, outside the hours set out in any permit issued by the Authority or, if there is no permit, outside the standard operating hours set out in regulation 129(2); or

(c) the music noise from a concert is emitted without a permit issued by the Authority that is required for the venue or event.