53Offence of causing environmental nuisance

53 Offence of causing environmental nuisance

(1)  A person who wilfully and unlawfully causes an environmental nuisance is guilty of an offence.

Penalty:  Fine not exceeding 300 penalty units.

(2)  A person who unlawfully causes an environmental nuisance is guilty of an offence.

Penalty:  Fine not exceeding 100 penalty units.

(3)  [Section 53 Subsection (3) substituted by No. 56 of 2000, s. 28, Applied:14 Jul 2000] Where an offence under subsection (1) or (2) is constituted by the emission of noise that is not an emission specified in an environment protection policy to be an environmental nuisance, the emission is to be taken to unreasonably interfere with a person's enjoyment of the environment if it is unreasonable having regard to –

(a) its volume, intensity or duration; and

(b) the time, place and other circumstances in which it is emitted; and

(c) [Section 53 Subsection (3) amended by No. 45 of 2007, s. 17, Applied:29 Nov 2007] in the case of noise emitted from residential premises, whether it is, or is likely to be, audible in a habitable room in any other residential premises.

(4)  If in proceedings for an offence against subsection (1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2) , the court may find the defendant guilty of the latter offence.

(5)  [Section 53 Subsection (5) substituted by No. 97 of 2000, s. 4, Applied:13 Dec 2000] Subsections (1) and (2) do not apply to the following:

(a) conduct that is an offence against section 50 or 51 ;

(b) noise that –

(i) is emitted from or by a primary industry activity, within the meaning of the ; and