52Use of pumps on residential premises

52 Use of pumps on residential premises

52 Use of pumps on residential premises

(1) A person is guilty of an offence if—

(a) the person causes or permits a pump to be used on residential premises in such a manner that it emits noise that can be heard within any room in any other residential premises (that is not a garage, storage area, bathroom, laundry, toilet or pantry) whether or not any door or window to that room is open—

(i) before 8 am or after 8 pm on any Saturday, Sunday or public holiday, or

(ii) before 7 am or after 8 pm on any other day, and

(b) within 7 days of doing so, the person is warned by an authorised officer or enforcement officer not to cause or permit a pump to be used on residential premises in that manner, and

(c) the person again causes or permits a pump to be used on residential premises in the manner referred to in paragraph (a) within 28 days after the warning has been given.

Maximum penalty—100 penalty units in the case of a corporation or 50 penalty units in the case of an individual.

(2) In this clause—

pump includes any of the following (but does not include a heat pump water heater, within the meaning of clause 53)—

(a) a swimming pool pump,

(b) a spa pump,

(c) a sump pump,

(d) a water cooler that uses a pump,

(e) any other apparatus or machine for raising, driving, exhausting or compressing fluid by means of a piston, plunger or rotating vanes.