6Equipment with noise restrictions relating to hours of use

6 Equipment with noise restrictions relating to hours of use

(1)  A person must not operate equipment, or a machine, specified in Schedule 1 , on –

(a) any residential premises; or

(b) any site where construction, or demolition, that is not the construction or demolition of a public street, is taking place –

if the noise emitted by the equipment, or machine, when so operated is, or is likely to be, audible in a habitable room in any residential premises, other than the residential premises referred to in paragraph (a) , whether or not the doors and windows of that habitable room are opened or closed.

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)  Subregulation (1) does not apply in respect of the operation of equipment, or a machine, if –

(a) the equipment or machine is operated outside the prohibited hours of use specified in Schedule 1  –

(i) for that equipment or machine; and

(ii) for the day on which the equipment or machine is operated; and

(b) the noise emitted by the equipment or machine is not otherwise unlawful.

(3)  If, in a proceeding for an offence against subregulation (1) , an authorized officer or a council officer gives evidence, based on the officer's own senses, that the noise referred to in subregulation (1)  –

(a) was emitted from a premises or site on which the defendant was operating the equipment or machine referred to in subregulation (1) ; and

(b) travelled to, or was, or was likely to be, detectable at a residential premises occupied by another person –

that evidence is prima facie evidence of the matters so stated.