QLDIn ForceAct
Environmental Protection Act 1994
sec.440KDefinitions for pt 3B
Start here
Get a plain-English read of sec.440K
Turn the raw legal text into a practical explanation grounded in Environmental Protection Act 1994.
### sec.440K Definitions for pt 3B
In this part—
affected building , for noise—
means a building at which the noise can be heard; and
if the noise is made from a building, includes that building.
at , a place or premises, includes in or on the place or premises.
audible noise see section 440L .
background level means the background A-weighted sound pressure level under the prescribed standard measured as L A90, T .
building work means any of the following—
building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building;
providing air conditioning, drainage, heating, lighting, sewerage, ventilation or water supply for a building;
excavating or filling—
for, or that is incidental to, an activity mentioned in paragraph (a) or (b) ; or
that may adversely affect the stability of a building, whether the excavating or filling is happening on the land on which the building is situated or on adjoining land;
supporting (whether vertically or laterally) land for an activity mentioned in paragraph (a) or (b) ;
installing or removing scaffolding.
educational institution means—
a State educational institution under the Education (General Provisions) Act 2006 ; or
an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or
TAFE Queensland under the TAFE Queensland Act 2013 ; or
a university.
s 440K def educational institution amd 2013 No. 27 s 70 sch 1 pt 2 ; 2014 No. 25 s 223 sch 1 pt 2 ; 2017 No. 24 s 237
indoor venue means a building used for musical, sporting or other entertainment or for cultural or religious activities, but does not include—
licensed premises; or
a building being used for an open-air event.
tenpin bowling, concerts, indoor cricket, religious worship, squash
L A90, T means the A-weighted sound pressure level obtained using time weighting ‘F’ that is exceeded for 90% of the measuring period (T).
licensed premises means licensed premises under the Liquor Act 1992 .
noise standard means a local law or section in division 3 that applies as a noise standard under section 440O (3) or 440P .
nominated section see section 440O (2) (b) .
open-air event means an open-air competition, concert, display, race or other activity.
peak particle velocity means the maximum instantaneous particle velocity at a point during a given time interval measured in millimetres per second.
Peak particle velocity is a measure of ground vibration magnitude.
Peak particle velocity may be taken as the vector sum of the 3 component particle velocities in mutually perpendicular directions.
power boat means a power-driven watercraft and includes a jet ski or other power-driven personal watercraft.
Z Peak means the peak time-weighting characteristic of a sound level meter specified in the prescribed standard set to the linear Z frequency rating.
Z Peak Hold means the peak time-weighting characteristic of a sound level meter specified in the prescribed standard set to the linear Z frequency rating and fitted with a hold feature.
s 440K ins 2008 No. 52 s 41
- (a) means a building at which the noise can be heard; and
- (b) if the noise is made from a building, includes that building.
- (a) building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building;
- (b) providing air conditioning, drainage, heating, lighting, sewerage, ventilation or water supply for a building;
- (c) excavating or filling— (i) for, or that is incidental to, an activity mentioned in paragraph (a) or (b) ; or (ii) that may adversely affect the stability of a building, whether the excavating or filling is happening on the land on which the building is situated or on adjoining land;
- (i) for, or that is incidental to, an activity mentioned in paragraph (a) or (b) ; or
- (ii) that may adversely affect the stability of a building, whether the excavating or filling is happening on the land on which the building is situated or on adjoining land;
- (d) supporting (whether vertically or laterally) land for an activity mentioned in paragraph (a) or (b) ;
- (e) installing or removing scaffolding.
- (i) for, or that is incidental to, an activity mentioned in paragraph (a) or (b) ; or
- (ii) that may adversely affect the stability of a building, whether the excavating or filling is happening on the land on which the building is situated or on adjoining land;
- (a) a State educational institution under the Education (General Provisions) Act 2006 ; or
- (b) an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or
- (d) TAFE Queensland under the TAFE Queensland Act 2013 ; or
- (e) a university.
- (a) licensed premises; or
- (b) a building being used for an open-air event.
- 1 Peak particle velocity is a measure of ground vibration magnitude.
- 2 Peak particle velocity may be taken as the vector sum of the 3 component particle velocities in mutually perpendicular directions.