7Fixed equipment

7 Fixed equipment

(1)  A person must not operate fixed equipment on any premises –

(a) from 7.00 a.m. until 10.00 p.m., if the fixed equipment, when so operated, emits noise that is greater than 45dB(A); or

(b) from 10.00 p.m. until 7.00 a.m., if the fixed equipment, when so operated, emits noise that is greater than 40dB(A).

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  A measurement of noise, emitted by fixed equipment on any premises, that is to be measured at residential premises –

(a) is to be taken one metre from the external wall, of the residential premises, that is closest to the fixed equipment emitting the noise; or

(b) if the distance between the external wall of the residential premises closest to the fixed equipment and the property boundary of the residential premises is less than one metre, is to be taken at that property boundary.