The relevant noise standard for a wind energy facility that is the subject of an authorising document described in column 2 of the Table is the standard set out in column 3 of that Table.
Reg. 131B (Table) amended by S.R. No. 115/2023 reg. 15.
Table—Relevant noise standard for wind energy facilities
| Column 1<br>Item | Column 2<br>Authorising document applying to the wind energy facility | Column 3<br>Relevant noise standard |
| 1 | A WEF planning permit issued before 1 January 2011, unless item 2(b) applies | NZS 6808:1998 |
| 2 | (a) A WEF planning permit issued on or after 1 January 2011; or<br>(b) A WEF planning permit that has been amended in accordance with the Planning and Environment Act 1987 to require compliance with NZS 6808:2010 | NZS 6808:2010 |
| 3 | A WEF planning permit that contains conditions to modify or replace either NZS 6808:1998 or NZS 6808:2010 in relation to wind turbine noise | Either NZS 6808:1998 or NZS 6808:2010 as specified in items 1 and 2, as modified or replaced by the WEF planning permit |
| 4 | (a) A specific WEF planning control that was inserted into the planning scheme by a planning scheme amendment made before 1 January 2011; or<br>(b) A specific WEF planning control reinserted into the planning scheme after 1 January 2011 (with or without amendment) by a planning scheme amendment that nevertheless specifies that a wind energy facility is subject to conditions that apply NZS 6808:1998 to the facility; or<br>(c) A specific WEF planning control that specifies that a wind energy facility is subject to conditions that apply NZS 6808:1998 to the facility | NZS 6808:1998 |
| 5 | A specific WEF planning control that was inserted or reinserted (with or without amendments) into the planning scheme by a planning scheme amendment made after 1 January 2011, unless item 4(b), (c) or 6 applies | NZS 6808:2010 |
| 6 | A specific WEF planning control subject to conditions that modify or replace either NZS 6808:1998 or NZS 6808:2010 in relation to wind turbine noise | Either NZS 6808:1998 or NZS 6808:2010 as specified in items 4 and 5, as modified or replaced by the specific WEF planning control |
Reg. 131BA inserted by S.R. No. 120/2022 reg. 7.
131BA Noise limit
(1) Subject to subregulations (2) and (3), the noise limit for a wind energy facility must be determined in accordance with the relevant noise standard for that facility.
(2) If a wind energy facility is the subject of a wind turbine noise agreement, the noise limit for that facility in relation to noise emissions to the premises of the relevant landowner is—
(a) if the agreement is made before 1 November 2021, the noise limit specified in the agreement; or
(b) if the agreement is made on or after 1 November 2021, the noise limit that is the greater of—
(i) 45 dB(A); or
(ii) the background sound level plus 5 dB.
(3) The noise limit for a 1998 NZS wind energy facility may be determined in accordance with the procedures set out in NZS 6808:2010 that relate to extraneous noise.
Reg. 131BB inserted by S.R. No. 120/2022 reg. 7.
131BB Alternative monitoring point
(1) For the purposes of an assessment of wind turbine noise under this Division (other than a post‑construction noise assessment under regulation 131D), an alternative monitoring point may be used for the assessment—
(a) if a monitoring point for the wind energy facility is not readily accessible; or
(b) if—
(i) an assessment of wind turbine noise at a monitoring point for the wind energy facility would be affected by extraneous noise to a greater extent than an assessment of wind turbine noise at the alternative monitoring point; and
(ii) the alternative monitoring point is closer to a wind turbine or group of wind turbines in the wind energy facility than that monitoring point.
(2) An operator of a wind energy facility must ensure that an alternative monitoring point for that facility is determined by a suitably qualified and experienced acoustician.
Reg. 131BC inserted by S.R. No. 120/2022 reg. 7.
131BC Alternative monitoring point criterion
(1) An operator of a wind energy facility must ensure that an alternative monitoring point criterion for an alternative monitoring point is determined by a suitably qualified and experienced acoustician.
(2) In determining an alternative monitoring point criterion, the acoustician must be of the opinion that an assessment of wind turbine noise against the criterion at the alternative monitoring point accurately represents an assessment of wind turbine noise against the noise limit at the monitoring point, having regard to the environmental or other factors that differ between the alternative monitoring point and the monitoring point.
(3) An acoustician who determines an alternative monitoring point criterion for an alternative monitoring point used for an assessment of wind turbine noise from a 1998 NZS wind energy facility may apply the procedures set out in NZS 6808:2010 that relate to extraneous noise in determining that alternative monitoring point criterion.
Reg. 131C substituted by S.R. No. 120/2022 reg. 7.
131C Duty to manage and review wind turbine noise
An operator of a wind energy facility must take all applicable actions set out in this Division to manage and review the wind turbine noise from the facility.
Reg. 131CA inserted by S.R. No. 120/2022 reg. 7.
131CA Duty to ensure compliance with noise limit or alternative monitoring point criterion
(1) An operator of a wind energy facility must ensure that wind turbine noise from the facility complies with—
(a) the noise limit for that facility; or
(b) if the wind turbine noise is assessed at an alternative monitoring point, the alternative monitoring point criterion for that alternative monitoring point.
(2) The operator must ensure that an assessment of wind turbine noise conducted for the purposes of determining compliance with subregulation (1) is conducted by a suitably qualified and experienced acoustician.
(3) An acoustician who conducts an assessment of wind turbine noise from a 1998 NZS wind energy facility for the purposes of determining compliance with subregulation (1) may apply the procedures set out in NZS 6808:2010 that relate to extraneous noise in conducting the assessment.
Reg. 131D substituted by S.R. No. 120/2022 reg. 7.