48Use of pumps on residential premises

48 Use of pumps on residential premises

48 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 a way that emits noise that can be heard within a residential room of another residential premises, whether or not a door or window to the residential room is open, and

(b) the noise occurs—

(i) on a Saturday, Sunday or public holiday—before 8am or after 9pm, or

(ii) otherwise—before 7am or after 9pm, and

(c) within 10 days of the noise occurring, 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 the way specified in paragraphs (a) and (b), and

(d) the person again causes or permits a pump to be used on residential premises in that way within 40 days after the warning has been given.

Maximum penalty—

(a) for an individual—50 penalty units, or

(b) for a corporation—100 penalty units.

(2) In this section—

pump includes the following pumps, but does not include a heat pump water heater, within the meaning of section 49—

(a) a swimming pool pump,

(b) a spa pump,

(c) a sump pump,

(d) a water cooler that uses a pump,

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