Schedule 3 — Determination of influencing factor on noise sensitive premises
[r. 8]
[Heading inserted: Gazette 5 Dec 2013 p. 5716‑17.]
Terms used
(1) In this Schedule —
average daily traffic count means the average daily traffic count as estimated under subclause (2);
inner circle means a circle having a radius of 100 m referred to in clause 2(1);
Kwinana Policy Area means the Policy Area as defined in the Environmental Protection (Kwinana) (Atmospheric Wastes) Policy Approval Order 1999 clause 3(1);
land use map means —
(a) a map prepared and in use by a local government for the purposes of imposing differential general rates; and
(b) a map that is included in a planning scheme as defined in the Planning and Development Act 2005 section 4(1); and
(c) a map that is included in a redevelopment scheme referred to in the Planning and Development Act 2005 section 71;
major road means a road estimated to have an average daily traffic count of more than 15 000 vehicles;
mining operation has the same definition as in the Mines Safety and Inspection Act 1994 but does not include mining operations of a kind referred to in paragraph (a), (h) or (k) of that definition;
outer circle means a circle having a radius of 450 m referred to in clause 2(1);
secondary road means a road estimated to have an average daily traffic count of 6 000 to 15 000 vehicles;
transport factor means —
(a) for a major road where any point inside the road reserve is present in the relevant inner circle, a transport factor of 6 dB;
(b) for a major road where any point inside the road reserve is present in the relevant outer circle, a transport factor of 2 dB;
(c) for each secondary road where any point inside the road reserve is present in the relevant inner circle, a transport factor of 2 dB.
(2) The average daily traffic count of a road is to be estimated —
(a) by reference to the latest average weekday traffic flows published by Main Roads Western Australia; or
(b) if the average daily traffic count of a road cannot be estimated by reference to that data, by conducting a traffic count to estimate the average daily traffic count of that road.
(3) If the average daily traffic count of a road is not estimated under subclause (2), that road is to be taken not to be a major or secondary road.
[Clause 1 amended: Gazette 5 Dec 2013 p. 5717‑18.]
Influencing factor
(1) The influencing factor for noise received on noise sensitive premises is to be determined as follows —
(a) using an appropriate land use map, 2 concentric circles, having radii representing 100 m and 450 m, and centred on the measurement point on the noise sensitive premises are to be drawn; and
(b) subject to subclause (2) the land within the circles that is —
(i) Type A — industrial and utility premises; or
(ii) Type B — commercial premises,
is to be identified as such by reference to one or more appropriate land use maps; and
(c) the area of each type of premises is to be calculated as a percentage of the full area of each circle and used to determine the Influencing Factor to the nearest dB in accordance with the following formula —
Influencing Factor in dB = 1/10 (sum of Type A percentages for both circles) +
1/20 (sum of Type B percentages for both circles) +
transport factor or 6, whichever is the lesser amount
(Note that the fractions of the land use types in the inner circle are included in both circles).
(2A) If the land within either of the circles is categorised on the land use map as land in respect of which mixed uses are permitted, the use of that land that results in the highest influencing factor is to be used in the determination of the influencing factor.
(2) If it is not possible to identify the land for the purposes of subclause (1)(b) by reference to a land use map, the land within the circles is to be identified by determining the actual land use at the time the noise was received.
(3) If the land within either of the circles —
(a) is land on which a mining operation is carried on; and
(b) is categorised on the land use map as land used for purposes other than for industrial or utility purposes,
the land within the circles that includes the mining operation is to be taken to be Type A land for the purposes of subclause (1).
(4) Subclauses (5A) and (5B) apply when determining the influencing factor under subclause (1) for noise emissions from industrial and utility premises in Area A or B of the Kwinana Policy Area, when received at noise sensitive premises in Area A or B of the Kwinana Policy Area.
(5A) If land within either of the circles —
(a) is within Area A or B of the Kwinana Policy Area; and
(b) is categorised on the land use map as —
(i) land used for industrial or utility purposes that are service industry or light industry purposes; or
(ii) land used for purposes other than for industrial, utility or commercial purposes,
the land is taken to be Type B land for the purposes of subclause (1) unless the land is land to which subclause (6) applies.
(5B) Subject to subclause (5C), if land within 450 m of the measurement point on noise sensitive premises —
(a) is within Area A or B of the Kwinana Policy Area; and
(b) is land in respect of which no land use map applies,
then, for the purposes of identifying the land under subclause (1)(b), the land is to be identified by determining the actual land use at the time the noise was received.
(5C) If the land referred to in subclause (5B) —
(a) is land used for industrial or utility purposes that are service industry or light industry purposes; or
(b) is land used for purposes other than for industrial, utility or commercial purposes,
the land is taken to be Type B land for the purposes of subclause (1) unless the land is land to which subclause (6) applies.
(5) Where a noise emission from any premises located within the boundaries of the area known as the Kemerton Industrial Park Policy Area, as specified in the Shire of Harvey District Planning Scheme No. 1, is assessed, an adjustment of 5 dB is to be added to the influencing factor determined under subclause (1) at the point of reception of the noise emission in respect of any period between —
(a) 0900 hours and 1900 hours on a Sunday or public holiday; and
(b) 1900 hours and 2200 hours on any day; and
(c) 2200 hours and 0700 hours on Monday to Saturday inclusive; and
(d) 2200 and 0900 hours on a Sunday or public holiday.
(6) If the land within either of the circles is used for —
(a) a road reserve; or
(b) a railway reserve; or
(c) a drainage easement; or
(d) a powerline easement or reserve; or
(e) a pipeline or aqueduct easement or reserve; or
[(f) deleted]
(g) an airport,
that land is not to be taken to be Type A or Type B land for the purposes of subclause (1).
(7) If the land within either of the circles —
(a) is used for poultry farming; and
(b) is categorised on the land use map as land used for purposes other than industrial, utility or commercial purposes,
that land is taken to be Type B land for the purposes of subclause (1), but if the sum of Type B percentages for both circles exceeds 100% that sum is to be taken to be 100%.
(8) If the land within the inner circle —
(a) is used for a sporting facility; and
(b) has a building, on the whole or part of that land, that is directly associated with that use; and
(c) is categorised on the land use map as land used for purposes other than industrial, utility or commercial purposes,
an adjustment of 2 dB is to be added to the influencing factor determined under subclause (1) at the point of reception of the noise emission.
[Clause 2 amended: Gazette 5 Dec 2013 p. 5718‑20.]
Schedule 4 — Rules for sound measuring equipment
[r. 22]
[Heading inserted: Gazette 5 Dec 2013 p. 5720.]
Sound measuring equipment
(1) Sound level meters must meet or exceed the requirements of the relevant sections of AS IEC 61672.1‑2004 Electroacoustics‑Sound level meters Part 1: Specifications, for class 1 or class 2 meters, as the case requires.
(2) Sound measuring equipment not covered by subclause (1), including analog and digital audio recording devices, level recorders, spectrum analysers and computers must —
(a) meet or exceed the relevant performance requirements of a class 2 sound level meter; or
(b) not degrade the performance of another item of equipment below that of a class 2 sound level meter.
(3) Filter sets used with any sound level meter or spectrum analyser must meet or exceed the relevant requirements specified in AS/NZS 4476: 1997 Acoustics‑Octave‑band and fractional‑octave‑band filters.
(4) Standard sound sources (acoustic calibrators and piston phones) used for field performance checks must meet or exceed the relevant requirements of AS IEC 60942‑2004 Electroacoustics‑Sound calibrators, for class 1 or class 2 sound sources, as the case requires.
[Clause 1 inserted: Gazette 5 Dec 2013 p. 5720‑1.]
Calibration of sound measuring equipment
(1) In this clause —
approved calibration laboratory means —
(a) a calibration laboratory accredited by the National Association of Testing Authorities (the NATA) for the calibration of sound measuring equipment; or
(b) a calibration laboratory approved by the CEO for calibration of sound measuring equipment; or
(c) the National Measurement Institute referred to in the National Measurement Act 1960 (Commonwealth) section 17;
approved person means —
(a) in relation to a calibration laboratory accredited by NATA, a person who is authorised by NATA to sign calibration certificates on behalf of the laboratory; or
(b) in relation to a calibration laboratory approved by the CEO, a person authorised in that approval to sign calibration certificates; or
(c) in relation to the National Measurement Institute, a person authorised by the Institute to sign calibration certificates for sound measuring equipment.
(2) Sound measuring equipment must not be used for the purposes of these regulations unless —
(a) the equipment has been calibrated in an approved calibration laboratory within the 2 year period immediately preceding the date of its use; and
(b) an approved person has issued a certificate —
(i) identifying the laboratory undertaking the calibration; and
(ii) identifying the equipment by type, manufacturer and, if the equipment has a serial number, by the serial number; and
(iii) recording the date of calibration; and
(iv) certifying that the calibration procedures followed were in accordance with the terms of the NATA accreditation of the laboratory or the procedures specified in the approval of the laboratory by the CEO; and
(v) certifying that the sound measuring equipment complies with the relevant provisions of AS IEC 61672.1‑2004 Electroacoustics‑Sound level meters Part 1: Specifications, AS/NZS 4476: 1997 Acoustics‑Octave‑band and fractional‑octave‑band filters, AS IEC 60942‑2004 Electroacoustics‑Sound calibrators and the requirements of clause 4(2); and
(vi) specifying the standard or standards, and the clause numbers of the standard or standards, against which the equipment has been calibrated.
(3) The certificate referred to in subclause (2)(b) is not required to give detailed results of individual tests but must provide sufficient information to indicate that the equipment has met the relevant requirements of the standards against which it was calibrated.
[Clause 2 inserted: Gazette 5 Dec 2013 p. 5721‑3.]
Field performance checks
(1) Sound measuring equipment referred to in clause 1(1), (2) and (3) —
(a) must be subjected to field performance checks by measuring or recording the signal from a standard sound source that complies with clause 1(4) before and after a measurement, a set of measurements or a recording is to be, or has been, made using the equipment; and
(b) must indicate, after adjustment of its sensitivity if necessary and before it is used to make measurements or to analyse a recording, the stated level of the standard sound source within + or − 0.5 dB; and
(c) must indicate, without further adjustment of its sensitivity, the stated level of the standard sound source within + or − 0.5 dB after the equipment is used or the recording is analysed.
(2) If the sound measuring equipment does not comply with subclause (1) the results of the measurement made by the equipment must not be used.
[Clause 3 inserted: Gazette 5 Dec 2013 p. 5723.]
Equipment used for measurement of airblast levels
(1) For the purposes of regulation 11, airblast levels resulting from blasting must be measured using sound measuring equipment having the capability to measure LZ peak in peak hold mode.
(2) Sound measuring equipment which is used for measuring airblast levels from blasting must be calibrated in accordance with clause 2 and checked in accordance with clause 3 except that —
(a) it must be calibrated to establish that its sensitivity remains within + 1 dB and − 4 dB of the sensitivity at 100 Hz when tested over the frequency range 2 Hz to 500 Hz; and
(b) it does not have to be certified as complying with the relevant parts of AS IEC 61672.1–2004 specifying frequency response requirements.
(3) Sound measuring equipment which does not meet the requirements of subclause (2) must not be used for airblast measurements.
[Clause 4 inserted: Gazette 5 Dec 2013 p. 5723‑4.]
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Notes
This is a compilation of the Environmental Protection (Noise) Regulations 1997 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation
Published
Commencement
Environmental Protection (Noise) Regulations 1997
31 Oct 1997 p. 6035‑74
31 Oct 1997
Environmental Protection (Miscellaneous Amendments) Regulations 1998 Pt. 5
r. 1 and 2: 5 Dec 2013 (see r. 2(a)); Regulations other than r. 1, 2, 14, 27, 30‑33 and 36‑39: 6 Dec 2013 (see r. 2(b)); r. 14, 27, 30‑33 and 36‑39: 5 Mar 2014 (see r. 2(c))
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.