sec.364Matters to consider before issuing environmental enforcement order relating to particular emissions

### sec.364 Matters to consider before issuing environmental enforcement order relating to particular emissions This section applies to a contravention of section 440 involving an emission of aerosols, fumes, light, noise, odour, particles or smoke. Before deciding to issue an environmental enforcement order in relation to the contravention, the administering authority must— consider the general emission criteria stated in subsection (3) ; and if the emission is of noise, consider the noise emission criteria stated in subsection (4) ; and having regard to those criteria, consider whether it would be appropriate to issue the order or to first try to resolve the matter in another way. The general emission criteria, for a particular emission, are as follows— the emission’s characteristics or qualities; the emission’s amount or rate; the duration and time of the emission; whether the emission is continuous or fluctuating; the characteristics and qualities of the receiving environment, including the types of emissions that could reasonably be expected in the receiving environment; the emission’s impact on the receiving environment; in relation to each affected person for the emission— any views of the affected person about the emission of which the administering authority is aware, including views about the degree of interference caused, or likely to be caused, by the emission to lawful activities at the place occupied by the affected person; and the order of occupancy between the person causing the emission and the affected person; and for the period during which the person causing the emission has occupied the place from which the emission is generated and the affected person has occupied the place affected by the emission— any structural or other changes to either of those places; and any change to the activities conducted at either of those places by the person causing the emission or the affected person; any mitigating measures that have been taken or could reasonably have been taken by the person causing the emission. The noise emission criteria are as follows— if the administering authority has measured a sound pressure level for the noise—that level; the audibility of the noise; whether the noise is continuous at a steady level or whether it has a fluctuating, intermittent, tonal or impulsive nature; whether the noise has vibration components. In this section— affected person , for an emission, means a person who the administering authority knows to be affected by the emission. s 364 prev s 364 amd 1997 No. 80 s 16 ; 2000 No. 64 s 18 ; 2003 No. 95 ss 25 , 3 sch ; 2004 No. 48 s 115 ; 2005 No. 53 s 81 ; 2007 No. 56 s 6 sch ; 2008 No. 52 s 29 om 2012 No. 16 s 27 pres s 364 ins 2024 No. 30 s 28 (sec.364-ssec.1) This section applies to a contravention of section 440 involving an emission of aerosols, fumes, light, noise, odour, particles or smoke. (sec.364-ssec.2) Before deciding to issue an environmental enforcement order in relation to the contravention, the administering authority must— consider the general emission criteria stated in subsection (3) ; and if the emission is of noise, consider the noise emission criteria stated in subsection (4) ; and having regard to those criteria, consider whether it would be appropriate to issue the order or to first try to resolve the matter in another way. (sec.364-ssec.3) The general emission criteria, for a particular emission, are as follows— the emission’s characteristics or qualities; the emission’s amount or rate; the duration and time of the emission; whether the emission is continuous or fluctuating; the characteristics and qualities of the receiving environment, including the types of emissions that could reasonably be expected in the receiving environment; the emission’s impact on the receiving environment; in relation to each affected person for the emission— any views of the affected person about the emission of which the administering authority is aware, including views about the degree of interference caused, or likely to be caused, by the emission to lawful activities at the place occupied by the affected person; and the order of occupancy between the person causing the emission and the affected person; and for the period during which the person causing the emission has occupied the place from which the emission is generated and the affected person has occupied the place affected by the emission— any structural or other changes to either of those places; and any change to the activities conducted at either of those places by the person causing the emission or the affected person; any mitigating measures that have been taken or could reasonably have been taken by the person causing the emission. (sec.364-ssec.4) The noise emission criteria are as follows— if the administering authority has measured a sound pressure level for the noise—that level; the audibility of the noise; whether the noise is continuous at a steady level or whether it has a fluctuating, intermittent, tonal or impulsive nature; whether the noise has vibration components. (sec.364-ssec.5) In this section— affected person , for an emission, means a person who the administering authority knows to be affected by the emission. - (a) consider the general emission criteria stated in subsection (3) ; and - (b) if the emission is of noise, consider the noise emission criteria stated in subsection (4) ; and - (c) having regard to those criteria, consider whether it would be appropriate to issue the order or to first try to resolve the matter in another way. - (a) the emission’s characteristics or qualities; - (b) the emission’s amount or rate; - (c) the duration and time of the emission; - (d) whether the emission is continuous or fluctuating; - (e) the characteristics and qualities of the receiving environment, including the types of emissions that could reasonably be expected in the receiving environment; - (f) the emission’s impact on the receiving environment; - (g) in relation to each affected person for the emission— (i) any views of the affected person about the emission of which the administering authority is aware, including views about the degree of interference caused, or likely to be caused, by the emission to lawful activities at the place occupied by the affected person; and (ii) the order of occupancy between the person causing the emission and the affected person; and (iii) for the period during which the person causing the emission has occupied the place from which the emission is generated and the affected person has occupied the place affected by the emission— (A) any structural or other changes to either of those places; and (B) any change to the activities conducted at either of those places by the person causing the emission or the affected person; - (i) any views of the affected person about the emission of which the administering authority is aware, including views about the degree of interference caused, or likely to be caused, by the emission to lawful activities at the place occupied by the affected person; and - (ii) the order of occupancy between the person causing the emission and the affected person; and - (iii) for the period during which the person causing the emission has occupied the place from which the emission is generated and the affected person has occupied the place affected by the emission— (A) any structural or other changes to either of those places; and (B) any change to the activities conducted at either of those places by the person causing the emission or the affected person; - (A) any structural or other changes to either of those places; and - (B) any change to the activities conducted at either of those places by the person causing the emission or the affected person; - (h) any mitigating measures that have been taken or could reasonably have been taken by the person causing the emission. - (i) any views of the affected person about the emission of which the administering authority is aware, including views about the degree of interference caused, or likely to be caused, by the emission to lawful activities at the place occupied by the affected person; and - (ii) the order of occupancy between the person causing the emission and the affected person; and - (iii) for the period during which the person causing the emission has occupied the place from which the emission is generated and the affected person has occupied the place affected by the emission— (A) any structural or other changes to either of those places; and (B) any change to the activities conducted at either of those places by the person causing the emission or the affected person; - (A) any structural or other changes to either of those places; and - (B) any change to the activities conducted at either of those places by the person causing the emission or the affected person; - (A) any structural or other changes to either of those places; and - (B) any change to the activities conducted at either of those places by the person causing the emission or the affected person; - (a) if the administering authority has measured a sound pressure level for the noise—that level; - (b) the audibility of the noise; - (c) whether the noise is continuous at a steady level or whether it has a fluctuating, intermittent, tonal or impulsive nature; - (d) whether the noise has vibration components.