Part 7Miscellaneous

Part 7—Miscellaneous 35—Constitution of the Environment, Resources and Development Court The Environment, Resources and Development Court is, when exercising jurisdiction under this Act, to be constituted in the same way as it is when exercising jurisdiction under the Environment Protection Act 1993. 36—Delegation by Minister (1) The Minister may delegate a function or power conferred on the Minister under this Act— (a) to a specified person or body; or (b) to a person occupying or acting in a specified office or position. (2) A delegation— (a) may be made subject to conditions or limitations specified in the instrument of delegation; and (b) if the instrument of delegation so provides, may be further delegated by the delegate; and (c) is revocable at will and does not prevent the delegator from acting personally in a matter. 37—Service of notices or other documents (1) Subject to this section, if this Act requires or authorises a notice or other document to be served on, or given to, a person, the notice or document may— (a) be served on, or given to, the person or an agent of the person; or (b) be left for the person at his or her place of residence or business with someone apparently over the age of 16 years; or (c) be sent by post to the person or an agent of the person at his or her last known address; or (d) if the notice or document is to be served on the owner of land, the land is unoccupied, and the person seeking to serve the notice or document has taken reasonable steps to effect service under the other paragraphs of this subsection but has been unsuccessful—be served by fixing it to some conspicuous part of the land; or (e) if the notice or document is to be served on the occupier of land—be sent by post to the occupier at the address of the land; or (f) be served on the person by fixing it to, or leaving it on, a vessel that the person is apparently in charge of, or expected to board at some stage, if the person giving or serving the notice or document has reasonable grounds to believe that service in this manner will bring the notice or document to the attention of the person to be served; or (g) be sent to the person by fax or email to a fax number or email address provided by the person (in which case the notice or document will be taken to have been served or given at the time of transmission); or (h) be served or given in some other manner prescribed by the regulations. (2) Without limiting subsection (1), a notice or document to be served on or given to a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth may be served or given in accordance with that Act. (3) Subject to the regulations, a notice or document required or authorised to be given to an owner of land may, if it is to be served personally, be served on the owner, 1 of any joint owners, or the agent of the owner. 38—Immunity (1) No personal liability attaches to— (a) the Minister; or (b) an authorised officer or any other person engaged in the administration of this Act, for an honest act or omission in the performance, exercise or discharge, or purported performance, exercise or discharge, of a function under this Act. (2) Subject to subsection (3), a liability that would, but for subsection (1), lie against a person lies instead against the Crown. (3) A liability that would, but for subsection (1), lie against an officer, employee, agent or contractor of a council lies instead against the council. 39—Protection from liability A failure by the Minister or a council to perform a function under this Act, does not give rise to any civil liability. 40—Statutory declarations If a person is required by or under this Act to provide information to the Minister or a council, the Minister or council may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been so verified. 41—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in a report or any other information furnished, or record kept, under this Act. (a) in the case of a body corporate—$50 000; (b) in the case of a natural person—$20 000. 42—Confidentiality A person must not divulge any information relating to trade processes or financial information obtained (whether by that person or some other person) in the administration or enforcement of this Act except— (a) as authorised by or under this Act; or (b) with the consent of the person from whom the information was obtained or to whom the information relates; or (c) in connection with the administration or enforcement of this Act; or (d) for the purpose of any legal proceedings arising out of the administration or enforcement of this Act. Maximum penalty: $25 000. 43—Offences (1) Proceedings for an offence against this Act may only be commenced by— (a) the Director of Public Prosecutions; or (b) the Minister; or (c) an authorised officer; or (d) a relevant council; or (e) the chief executive officer of a relevant council; or (f) a police officer; or (g) a person acting on the written authority of the Minister. (2) An apparently genuine document purporting to be under the hand of the Minister and to authorise the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of an authorisation under subsection (1)(g). 44—Offences and Environment, Resources and Development Court Offences constituted by this Act lie within the criminal jurisdiction of the Environment, Resources and Development Court. 45—Orders in respect of contraventions (1) If, in proceedings under this Act, the court finds that the defendant contravened this Act and the contravention has resulted in injury to a person or loss or damage to property, the court may, in addition to any penalty it may impose, do 1 or more of the following: (a) order the person to take specified action to make good any damage and, if appropriate, to take specified action to prevent or mitigate further damage; (b) order the person to take specified action to publicise the contravention and its consequences and any other orders made against the person; (c) order the person to pay— (i) to the Minister or a council that has incurred costs or expenses in taking action to prevent or mitigate or make good any damage (including, in the case of litter, taking action to remove or clean up, and lawfully dispose of the litter); and (ii) to any person who has suffered injury or loss or damage to property as a result of the contravention, or incurred costs or expenses in taking action to prevent or mitigate such injury, loss or damage (including, in the case of litter, taking action to remove or clean up, and lawfully dispose of the litter), the reasonable costs and expenses so incurred, or compensation for the injury, loss or damage so suffered, as the case may be, in such amount as is determined by the court. (2) If a person is found by a court to have contravened this Act, the court may, in addition to any penalty it may impose, order the person to pay to the Minister or a council an amount not exceeding the court's estimation of the amount of the economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention. (3) For the purposes of subsection (2), an economic benefit obtained by delaying or avoiding costs will be taken to be an economic benefit acquired as a result of a contravention if the contravention can be attributed (in whole or in part) to that delay or avoidance. (4) The court may, by an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order. (5) An amount paid to the Minister in accordance with an order under subsection (2) must be paid into the Environment Protection Fund under the Environment Protection Act 1993. 46—Offences by bodies corporate (1) If a body corporate is guilty of an offence against this Act, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (2) If a body corporate is guilty of an offence against this Act, each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that— (a) the member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the member failed to exercise due diligence to prevent the commission of the offence. 47—Continuing offences (1) If an offence against a provision of this Act is committed by a person by reason of a continuing act or omission— (a) the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one fifth of the maximum penalty prescribed for that offence; and (b) if the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one fifth of the maximum penalty prescribed for that offence. (2) For the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done notwithstanding that any period within which, or time before which, the act is required to be done has expired or passed. 48—Recovery of administrative and technical costs associated with contraventions (1) If a person has contravened this Act and the Minister or a council— (a) has taken action to— (i) investigate the contravention; or (ii) issue a nuisance abatement notice or litter abatement notice in respect of the contravention; or (iii) ensure that the person has complied with requirements imposed in relation to the contravention by a nuisance abatement notice or litter abatement notice or by an order of a court under this Act; or (b) has, in taking such action, incurred costs and expenses in taking samples or in conducting tests, examinations, monitoring or analyses, the Minister or council may, by notice in writing served on the person, require the person to pay to the Minister or council the reasonable costs and expenses incurred by the Minister or council in taking such action. (2) Subject to subsection (3), an amount payable to the Minister or council in accordance with a notice under this section must be paid within the period specified in the notice. (3) On application by a person who has been served a notice under this section, the Minister or council that served the notice may, by notice in writing— (a) extend the time for payment of an amount payable in accordance with the notice; or (b) waive payment of such an amount or reduce the amount payable. (4) A person who fails to pay an amount payable to the Minister or council in accordance with this section is guilty of an offence. Maximum penalty: $2 500. (5) If a notice is issued under this section in respect of a contravention and— (a) the contravention is the subject of an appeal; or (b) the notice requires payment of an amount in respect of the issue of a nuisance abatement notice or litter abatement notice in respect of the contravention and the nuisance abatement notice or litter abatement notice is the subject of an appeal, the first‑mentioned notice is suspended until the appeal has been determined (but if the court, on appeal, finds that the contravention was committed or that the nuisance abatement notice or litter abatement notice was properly issued, as the case may be, the first‑mentioned notice will have effect as if the period for payment specified in the notice commenced on the day on which the appeal was determined). (6) If an amount payable to the Minister or council is not paid in accordance with this section, the amount may be recovered as a debt by the Minister or council. 49—Assessment of reasonable costs and expenses For the purposes of this Act, the reasonable costs and expenses that have been or would be incurred by the Minister, a council or some other person or body in taking any action are to be assessed by reference to the reasonable costs and expenses that would have been or would be incurred in having the action taken by independent contractors engaged for that purpose. 50—Evidentiary provisions (1) In proceedings under this Act, where it is alleged that a person caused local nuisance within the meaning of section 17, evidence by an authorised officer that he or she formed the opinion based on his or her own senses that— (a) the agent alleged to have caused the local nuisance when discharged or emitted from a place occupied or a vehicle owned by the person travelled to a place occupied by another person; and (b) the level, nature or extent of the agent within the place occupied by the other person was such as to constitute an unreasonable interference with the person's enjoyment of the place, (2) In proceedings under this Act, a certificate of an authorised officer certifying that, at a specified time— (a) a specified place was a road, road-related area or other public place; or (b) a specified vehicle was stopped or parked in a specified place; or (c) a specified person was the owner or operator of a specified vehicle, (3) In proceedings under this Act, a certificate of an authorised officer certifying that— (a) specified matter was class A hazardous litter, class B hazardous litter or general litter; or (b) a specified amount of litter was disposed of, (4) In proceedings under this Act, a certificate of the Minister, a council or an authorised officer certifying as to a matter relating to— (a) the appointment or non-appointment of a person as an authorised officer under this Act; or (b) a delegation or authority under this Act; or (c) a notice, requirement or direction of the Minister, a council or an authorised officer under this Act; or (d) any other decision of the Minister, a council or an authorised officer; or (e) the receipt or non-receipt by the Minister, a council or an authorised officer of a notification, report or information given or required to be given or furnished to the Minister, council or authorised officer under this Act, constitutes proof, in the absence of proof to the contrary, of the matters so certified. (5) In proceedings under this Act for the recovery of reasonable costs and expenses incurred by the Minister, a council or some other person or body, a certificate executed by the Minister or council detailing the costs and expenses and the purpose for which they were incurred constitutes proof, in the absence of proof to the contrary, of the matters so certified. (6) In proceedings under this Act, an apparently genuine document purporting to be an authorisation, notice, order, certificate or other document, or a copy of an authorisation, notice, order, certificate or other document, issued or executed by the Minister, a council or an authorised officer under this Act or the Environment Protection Act 1993 will be accepted as such in the absence of proof to the contrary. 51—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) declare matters under Schedule 1 relating to local nuisance as contemplated by section 17(1), by inserting a provision into the Schedule; (b) amend Schedule 1 by— (i) substituting a provision in, or deleting a provision from, the Schedule; or (ii) inserting material into, substituting material in, or deleting material from, a provision of the Schedule; (c) require the keeping of records, statistics and other forms of information by any person or body and the provision of reports based on that information; (d) fix fees to be paid in respect of any matter under this Act and regulate the payment, recovery, waiver or reduction of such fees; (e) exempt, either absolutely or subject to prescribed conditions or limitations— (i) persons or classes of persons; (ii) areas of the State, from this Act or specified provisions of this Act; (ea) include evidentiary provisions to facilitate proof of breaches of the Act or the regulations for the purposes of proceedings for offences; (eb) contain provisions of a savings or transitional nature; (f) impose fines, not exceeding $10 000, for breach of a regulation; (g) fix expiation fees, not exceeding $500, for alleged offences against the regulations. (3) The regulations may adopt, wholly or partially and with or without modification— (a) a code, standard or guidelines relating to matters in respect of which regulations may be made under this Act; or (b) an amendment to such a code, standard or guidelines. (4) The regulations or a code, standard or guidelines adopted by the regulations may— (a) refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body or person, either as in force at the time the regulations are made or as in force from time to time; and (b) be of general or limited application (including so as to apply only to a specified part of the State); and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, a council or a prescribed person or body. (5) If— (a) a code, standard or guidelines are adopted by the regulations; or (b) the regulations, or a code, standard or guidelines adopted by the regulations, refer to a standard or other document prepared or published by a prescribed body, then— (c) a copy of the code, standard, guidelines or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and (d) in any legal proceedings, evidence of the contents of the code, standard, guidelines or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard, guidelines or other document; and (e) the code, standard, guidelines or other document has effect as if it were a regulation made under this Act. (6) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act. (7) A provision of a regulation made under subsection (6) may, if the regulation so provides, take effect from the commencement of this subsection or from a later day. (8) To the extent to which a provision takes effect under subsection (7) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (9) Before a regulation is made under this Act, the Minister must consult (in such manner as the Minister thinks fit) with the LGA and any councils or other persons or bodies likely to be affected by the regulation. Schedule 1—Meaning of local nuisance (section 17) Part 1—Interpretation 1—Interpretation In this Schedule, unless the contrary intention appears— authorised graffiti, in relation to premises, means— (a) graffiti commissioned for the premises by a public authority as public art; or (b) graffiti that is on the premises with the consent of the owner or occupier of the premises (other than offensive graffiti or graffiti comprised only or principally of words, symbols or tags); bird scaring device means a device designed, adapted or used to scare birds by the emission of noise; construction activity includes— (a) demolition work, site preparation work and building maintenance or repair work; and (b) the operation of vehicles within, or entering or leaving, a construction site; and (c) any activities, at or within the immediate vicinity of a construction site, of persons who perform work at the site, or work connected with work at the site; construction noise means noise from any construction activity; emergency services organisation means— (a) an emergency services organisation within the meaning of the Fire and Emergency Services Act 2005; and (b) in relation to a particular emergency within the meaning of the Emergency Management Act 2004—the control agency for the emergency under that Act; and (c) SA Ambulance Service Inc; and (d) South Australian Police; and (e) a local government council engaged in duties in connection with an emergency; and (f) an arm of the Australian Defence Force engaged in police, fire fighting, ambulance or search and rescue duties or duties in connection with an emergency; essential services has the same meaning as in the Essential Services Commission Act 2002; fixed machine means a machine that is installed as a fixture on premises for operation and use in that position; fixed machine noise means noise from a fixed machine; machine includes a device or equipment; machine noise means noise from a machine; offensive graffiti means graffiti that a reasonable person would consider to be obscene or offensive; promotional image means an image conveying a promotional message, (whether consisting of words, numbers or other symbols, or other images); public infrastructure means— (a) infrastructure, equipment, structures, works and other facilities used in or in connection with the provision of essential services or telecommunications; and (b) roads and their supporting structures and works; public infrastructure works means works for the construction, installation, repair, maintenance or replacement of, or making of other physical changes to, public infrastructure; street or tree maintenance machines includes— (a) sweeping or cleaning machines, blowers or similar machines when part of an organised program of such activity undertaken by or on behalf of a council or business; and (b) chainsaws, power saws or mulching or chipping machines when part of a program of works related to public street trees; solid fuel heater has the same meaning as in the Environment Protection (Air Quality) Policy 2016; waste has the same meaning as in the Environment Protection Act 1993; waste collection noise means noise from waste collection, and includes noise generated by— (a) the intermittent stopping, starting and movement on a road of a waste transport vehicle in the course of collecting waste for a council kerbside waste collection service; or (b) the setting down or picking up of a skip bin; or (c) the gathering or collection of waste by a vehicle from the site at which the waste was generated; or (d) the depositing of waste into a receptacle in which it is to be transported; waste transport vehicle means a vehicle used for or in connection with a waste transport business (category A) or a waste transport business (category B), each within the meaning of the Environment Protection Act 1993 Schedule 1 Part A. Part 2—Things that are local nuisance 2—Declared agents (section 17(1)(a)) The following are declared agents for the purposes of section 17(1)(a): (a) vibration; (b) light. 3—Unsightly conditions on premises (section 17(1)(c)) For the purposes of section 17(1)(c), the following unsightly conditions are declared: (a) conditions on premises involving— (i) excessive or unconstrained rubbish, waste or vegetation; or (ii) stockpiled, excessive or unconstrained disused or derelict items or material that a reasonable person would consider to be rubbish or waste in the circumstances; or (iii) graffiti (other than authorised graffiti) that has been left on the premises— (A) in the case of offensive graffiti—for more than 7 days; or (B) in any other case—for more than 28 days, where, in the opinion of an authorised officer, the conditions have had an adverse effect on the amenity value of the area or caused the premises to be significantly out of conformity with the general appearance of neighbouring premises; or (b) conditions involving a building on the premises having been left partially demolished or in a state of disrepair, dilapidation or damage where, in the opinion of an authorised officer, the conditions have had an adverse effect on the amenity value of the area or caused the premises to be significantly out of conformity with the general appearance of neighbouring premises. 4—Things declared to constitute local nuisance (section 17(1)(e)) The following are declared to constitute local nuisance for the purposes of section 17(1)(e): (a) noise, if an authorised officer forms the opinion— (i) that— (A) in the case of fixed machine noise generated on domestic premises—the noise has travelled from the domestic premises to a habitable room, or an outdoor courtyard or entertainment area, on neighbouring premises; or (B) in the case of noise other than fixed machine noise generated on domestic premises—the noise has travelled from the domestic premises to neighbouring premises between the hours of— • 8pm and midnight on any day; or • midnight and 9am on Sunday; or • midnight and 8am on any other day; or (C) in the case of construction noise—the noise has travelled from the location of the construction activity to neighbouring premises— • on any Sunday or public holiday; or • after 7pm or before 7am on any other day; or (D) in the case of waste collection noise—the noise has travelled from the place at which it was generated to neighbouring premises— • before 9am or after 7pm on any Sunday or public holiday; or • after 7pm or before 7am on any other day; or (DA) in the case of noise from the operation of refrigeration equipment fitted on or in a vehicle that is parked and not being operated—the noise has travelled from the place where the vehicle is parked to neighbouring domestic premises between the hours of— • 8pm and midnight on any day; or • midnight and 9am on Sunday; or • midnight and 8am on any other day; or (E) in the case of noise from a street or tree maintenance machine being used in a public place—the noise has travelled from the public place to neighbouring premises— • before 9am or after 7pm on any Sunday or public holiday; or • after 7pm or before 7am on any other day; and (ii) that the level, nature or extent of the noise (including its volume, pitch, vibrational frequency, prevalence or frequency of occurrence) is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises; (b) odour generated on premises, if an authorised officer forms the opinion that— (i) the odour has travelled to neighbouring premises; and (ii) the nature, intensity or extent of the odour is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises; (c) dust generated on premises, if an authorised officer forms the opinion that— (i) the dust has travelled to neighbouring premises; and (ii) the nature, extent, smell, density or texture of the dust is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises; (d) smoke generated on premises, if— (i) an authorised officer forms the opinion that— (A) the smoke has travelled to neighbouring premises; and (B) the nature, extent, colour, smell or density of the smoke is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises; or (ii) without limiting the generality of subparagraph (i), in the case of smoke from a solid fuel heater— (A) a visible plume of smoke extends into the air above neighbouring premises from the flue or chimney of the heater more than 15 minutes after the heater is lit; and (B) an authorised officer forms the opinion that the nature, extent, colour, smell or density of the smoke is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises; (e) vibration generated on premises, if an authorised officer forms the opinion that— (i) the vibration has travelled to neighbouring premises; and (ii) the nature, intensity or extent of the vibration is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises; (ea) light emitted from a place, if an authorised officer forms the opinion that— (i) the light has travelled from the place at which it was generated to neighbouring premises; and (ii) the nature, intensity, colour, location, direction or extent of the light is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises; (f) installation of a fixed machine on domestic premises that, in the opinion of an authorised officer, when operated or used in accordance with the manufacturer's instructions, generates noise of a kind referred to in paragraph (a)(i)(A), the level, nature or extent of which is of a kind referred to in paragraph (a)(ii); (g) projection of a promotional, obscene or offensive image onto property without the consent of the owner or occupier of the property; (h) using an audible bird scaring device otherwise than in accordance with the Audible Bird Scaring Devices Environmental Noise Guidelines 2007 prepared by the Environment Protection Authority. Part 3—Things that are not local nuisance 5—Things that are not local nuisance The following are declared not to constitute local nuisance for the purposes of section 17(1): (a) noise or other nuisance from blasting operations carried out as part of a mining operation within the meaning of the Mines and Works Inspection Act 1920 or Mining Act 1971; (b) noise or other nuisance from any activity carried on in accordance with a program for environment protection and rehabilitation that is in force for mining operations under Part 10A of the Mining Act 1971; (c) noise or other nuisance from the keeping of animals in accordance with a development authorisation within the meaning of the Development Act 1993; (ca) noise, odour or waste from animals living in their natural habitat (other than such animals that have been actively encouraged, by feeding, to gather in a particular area); (d) other than in the case of construction noise or other nuisance from construction activities carried out in accordance with a development authorisation within the meaning of the Development Act 1993 or the Planning, Development and Infrastructure Act 2016—noise or other nuisance from any other activity carried on in accordance with an authorisation (including an approval, consent, licence, permit, exemption or entitlement) granted under any other Act (other than this Act), provided that— (i) the authorisation imposes requirements to control, minimise or eliminate (as far as reasonably practicable) any noise or other forms of nuisance likely to result from the activity; and (ii) those requirements are complied with; (e) noise or other nuisance from fireworks displays; (f) noise or other nuisance from sporting or associated activities at sporting venues; (g) noise or other nuisance from community events run by or on behalf of a council (subject to any conditions imposed by the council); (h) noise, vibration and other nuisance from public infrastructure works where— (a) the works are carried out because of an emergency or urgent public need; or (b) the works are carried out in the circumstances in order to avoid or reduce inconvenience or disruption to traffic or pedestrians during normal business hours; (i) subject to Part 2 clause 4(a)(i)(D) and (DA), noise from vehicles (other than vehicles operating within, or entering or leaving, business premises); (j) noise or other nuisance that may be the subject of proceedings under— (i) the Community Titles Act 1996; or (ii) the Strata Titles Act 1988; (k) an activity on, or noise emanating from, licensed premises within the meaning of the Liquor Licensing Act 1997 in respect of which a complaint may be lodged with the Liquor Licensing Commissioner under section 106 of that Act; (l) behaviour in respect of which a complaint may be lodged with the Liquor Licensing Commissioner under section 106 of the Liquor Licensing Act 1997; (m) noise principally consisting of music or voices, or both, resulting from an activity at domestic premises; (n) noise from activities carried on in the normal course of a school, kindergarten, child care centre or place of worship, other than noise consisting of amplified music; (o) noise created by a dog barking or otherwise that may be the subject of an offence under section 45A(5) of the Dog and Cat Management Act 1995; (p) aircraft or railway noise; (q) noise caused by emergency vehicle sirens; (r) noise outside of the human audible range; (s) dust from unsealed public roads; (t) light emitted by or from the following: (i) public street lighting; (ii) public infrastructure works; (iii) airports; (iv) harbours; (v) vehicles; (vi) railway premises (within the meaning of the Rail Safety National Law (South Australia) Act 2012); (vii) bus stations and bus depots; (viii) public transport operating centres and facilities; (ix) goods vehicle operating and transport centres (including goods distribution centres); (x) traffic control devices; (xi) navigational aids (including lighthouses); (xii) premises or facilities (including temporary premises or facilities) used by an emergency services organisation; (xiii) correctional institutions (within the meaning of the Correctional Services Act 1982); (xiv) premises or facilities of, or used by, an arm of the Australian Defence Force (including training areas); (xv) business premises during the normal operating hours of the business provided that the lights are required for the reasonable and safe operation of the business and reasonable measures have been taken to reduce the impact of the light on neighbouring premises; (xvi) public light displays (including laser light displays); (xvii) Christmas light displays; (xviii) natural sources, including the reflection of natural light (but not including where natural light is reflected by a device designed or intended to be used for the deliberate reflection of light (for example, a bird scaring device)).