sec.46ACompliance orders for unreasonable noise

### sec.46A Compliance orders for unreasonable noise The commissioner may issue a compliance order, in accordance with section 46 , in relation to unreasonable noise coming from premises if an abatement notice has been issued in the last 1 year in relation to the premises. The commissioner must consider at least the following before making the order— the order of occupancy between— the licensee or permittee; and any person who has complained about the noise to the commissioner; any changes, including structural changes, made over time to— the premises; or the premises occupied by any person who has complained about the noise to the commissioner; any changes made over time in the activities conducted on the premises; for each abatement notice issued for the premises— the reason for issuing the notice; and whether the notice was complied with. The commissioner, as part of the action required to be taken under the order, may require the person to stop all specified noise coming from the premises until the person demonstrates to the commissioner that the noise can be permanently limited to reasonable noise. noise of a specified kind or level noise at a certain time of the day noise from a specified location Also, the order may require the person to give the commissioner an acoustic report that complies with the commissioner’s guideline (if any) about acoustic reports. After considering the acoustic report, the commissioner may amend the order to require the person to take action to improve the acoustics of the premises in order to stop unreasonable noise coming from the premises. Also, the commissioner may amend the order if— the commissioner is satisfied the person has taken, or is in the process of taking, the action required under the order to stop unreasonable noise coming from the premises; or the licence or permit for the premises is varied in a way that the commissioner considers is reasonably likely to stop unreasonable noise coming from the premises. In this section— acoustic report means a current report from a qualified acoustic engineer that identifies— how much noise can come from the premises before the noise is unreasonable; and ways to improve the acoustics of the premises to stop unreasonable noise coming from the premises. s 46A ins 2014 No. 42 s 33B (sec.46A-ssec.1) The commissioner may issue a compliance order, in accordance with section 46 , in relation to unreasonable noise coming from premises if an abatement notice has been issued in the last 1 year in relation to the premises. (sec.46A-ssec.2) The commissioner must consider at least the following before making the order— the order of occupancy between— the licensee or permittee; and any person who has complained about the noise to the commissioner; any changes, including structural changes, made over time to— the premises; or the premises occupied by any person who has complained about the noise to the commissioner; any changes made over time in the activities conducted on the premises; for each abatement notice issued for the premises— the reason for issuing the notice; and whether the notice was complied with. (sec.46A-ssec.3) The commissioner, as part of the action required to be taken under the order, may require the person to stop all specified noise coming from the premises until the person demonstrates to the commissioner that the noise can be permanently limited to reasonable noise. noise of a specified kind or level noise at a certain time of the day noise from a specified location (sec.46A-ssec.4) Also, the order may require the person to give the commissioner an acoustic report that complies with the commissioner’s guideline (if any) about acoustic reports. (sec.46A-ssec.5) After considering the acoustic report, the commissioner may amend the order to require the person to take action to improve the acoustics of the premises in order to stop unreasonable noise coming from the premises. (sec.46A-ssec.6) Also, the commissioner may amend the order if— the commissioner is satisfied the person has taken, or is in the process of taking, the action required under the order to stop unreasonable noise coming from the premises; or the licence or permit for the premises is varied in a way that the commissioner considers is reasonably likely to stop unreasonable noise coming from the premises. (sec.46A-ssec.7) In this section— acoustic report means a current report from a qualified acoustic engineer that identifies— how much noise can come from the premises before the noise is unreasonable; and ways to improve the acoustics of the premises to stop unreasonable noise coming from the premises. - (a) the order of occupancy between— (i) the licensee or permittee; and (ii) any person who has complained about the noise to the commissioner; - (i) the licensee or permittee; and - (ii) any person who has complained about the noise to the commissioner; - (b) any changes, including structural changes, made over time to— (i) the premises; or (ii) the premises occupied by any person who has complained about the noise to the commissioner; - (i) the premises; or - (ii) the premises occupied by any person who has complained about the noise to the commissioner; - (c) any changes made over time in the activities conducted on the premises; - (d) for each abatement notice issued for the premises— (i) the reason for issuing the notice; and (ii) whether the notice was complied with. - (i) the reason for issuing the notice; and - (ii) whether the notice was complied with. - (i) the licensee or permittee; and - (ii) any person who has complained about the noise to the commissioner; - (i) the premises; or - (ii) the premises occupied by any person who has complained about the noise to the commissioner; - (i) the reason for issuing the notice; and - (ii) whether the notice was complied with. - • noise of a specified kind or level - • noise at a certain time of the day - • noise from a specified location - (a) the commissioner is satisfied the person has taken, or is in the process of taking, the action required under the order to stop unreasonable noise coming from the premises; or - (b) the licence or permit for the premises is varied in a way that the commissioner considers is reasonably likely to stop unreasonable noise coming from the premises. - (a) how much noise can come from the premises before the noise is unreasonable; and - (b) ways to improve the acoustics of the premises to stop unreasonable noise coming from the premises.