9Chainsaw operation near residential premises

9 Chainsaw operation near residential premises

(1)  In this regulation –

chainsaw means a chainsaw powered by an internal combustion engine.

(2)  A person on premises, other than residential premises, must not operate a chainsaw within 300 metres of residential premises unless –

(a) the operation of the chainsaw is authorised under an approved instrument; and

(b) the noise emitted by the chainsaw is not otherwise unlawful.

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.

(3)  A person on residential premises must not operate a chainsaw within 300 metres of other residential premises unless –

(a) the chainsaw is operated for the purpose of domestic garden maintenance, on only one day in any consecutive 7 days and at a time outside the prohibited hours of use specified in item 1 of the table in Schedule 1 ; or

(b) the operation of the chainsaw is authorised under an approved instrument –

and the noise emitted by the chainsaw is not otherwise unlawful.

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.