sch.1-sec.3Nuisance regulated by other laws

### sch.1-sec.3 Nuisance regulated by other laws Environmental nuisance caused by any of the following— an act or omission that is a contravention of a local law; an act done, or omission made, under an authority given under a local law; noise to which the Police Powers and Responsibilities Act 2000 , chapter 19 , part 3 applies; an emission of a contaminant at a workplace, within the meaning given by the Work Health and Safety Act 2011 , section 8 , that does not extend beyond the workplace; a public health risk within the meaning given by the Public Health Act 2005 , section 11 ; development carried out under any of the following approvals or certificates, if the approval or certificate authorises the environmental nuisance— a development approval; a PDA development approval under the Economic Development Act 2012 ; an exemption certificate under the Planning Act ; a PDA exemption certificate under the Economic Development Act 2012 ; development carried out, or the use of premises, under a designation made under the Planning Act by the Minister who administers chapter 2 , part 5 of that Act, to the extent the environmental nuisance, or an activity that causes the environmental nuisance, is regulated by a requirement of the designation; the use, for a fireworks display, of explosives within the meaning given by the Explosives Act 1999 ; smoking within the meaning given by the Tobacco and Other Smoking Products Act 1998 ; noise from a special event prescribed under a regulation for the Major Sports Facilities Act 2001 , section 30A that complies with any conditions prescribed under the regulation, for the use of the facility where the event takes place, about noise levels for the event; an act done or omission made under an approved compliance management plan under the Transport Infrastructure Act 1994 , section 477G . See the Economic Development Act 2012 , section 54 (7) in relation to by-laws made under that Act that are taken, for paragraphs (a) and (b), to be local laws. See also the Major Events Act 2014 , section 79 for an exemption from this Act for light and noise. sch 1 s 3 ins 2008 No. 52 s 66 (amd 2008 No. 65 s 9 ) amd 2009 No. 36 s 872 sch 2 ; 2011 No. 12 s 22 ; 2011 No. 18 s 404 s ch 4 pt 1 ; 2014 No. 60 s 94 ; 2016 No. 27 s 226 ; 2019 No. 11 ss 110, 111, 231 s ch 1 pt 1 ; 2022 No. 1 s 9 - (a) an act or omission that is a contravention of a local law; - (b) an act done, or omission made, under an authority given under a local law; - (c) noise to which the Police Powers and Responsibilities Act 2000 , chapter 19 , part 3 applies; - (d) an emission of a contaminant at a workplace, within the meaning given by the Work Health and Safety Act 2011 , section 8 , that does not extend beyond the workplace; - (e) a public health risk within the meaning given by the Public Health Act 2005 , section 11 ; - (f) development carried out under any of the following approvals or certificates, if the approval or certificate authorises the environmental nuisance— (i) a development approval; (ii) a PDA development approval under the Economic Development Act 2012 ; (iii) an exemption certificate under the Planning Act ; (iv) a PDA exemption certificate under the Economic Development Act 2012 ; - (i) a development approval; - (ii) a PDA development approval under the Economic Development Act 2012 ; - (iii) an exemption certificate under the Planning Act ; - (iv) a PDA exemption certificate under the Economic Development Act 2012 ; - (g) development carried out, or the use of premises, under a designation made under the Planning Act by the Minister who administers chapter 2 , part 5 of that Act, to the extent the environmental nuisance, or an activity that causes the environmental nuisance, is regulated by a requirement of the designation; - (h) the use, for a fireworks display, of explosives within the meaning given by the Explosives Act 1999 ; - (i) smoking within the meaning given by the Tobacco and Other Smoking Products Act 1998 ; - (j) noise from a special event prescribed under a regulation for the Major Sports Facilities Act 2001 , section 30A that complies with any conditions prescribed under the regulation, for the use of the facility where the event takes place, about noise levels for the event; - (k) an act done or omission made under an approved compliance management plan under the Transport Infrastructure Act 1994 , section 477G . - (i) a development approval; - (ii) a PDA development approval under the Economic Development Act 2012 ; - (iii) an exemption certificate under the Planning Act ; - (iv) a PDA exemption certificate under the Economic Development Act 2012 ; - 1 See the Economic Development Act 2012 , section 54 (7) in relation to by-laws made under that Act that are taken, for paragraphs (a) and (b), to be local laws. - 2 See also the Major Events Act 2014 , section 79 for an exemption from this Act for light and noise.