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©State of Queensland
QUEENSLAND
SI
[Reprinted as at 1 May, 19851
An Act to provide for a permissible level of noise emission from certain risbane and for related purposes
[ASSENTED TO 9 MAY, 19841 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
mt Title. This Act may be cited as the
Fig
Tree Pocket Noise Emission Act 1984.s. In this Act, except where the contrary
“Director” means t Director, Division of Noise Abatement;
Department of apping and Surveying, Queensland;
“plant” means the operation in and about the production premises of one of the producers of sand and gravel who carry on operations in and about those premises;
“permissible noise level” means a permissible noise level determined in accordance with section 3.
“prescribed land” means the land particularized in the Schedule;
“production premises” means the land abutting on the Brisbane River opposite the area known as Fig Tree Pocket used at the commencement of this Act for the purposes of sand and gravel production and includes-
(a) all buildings, structures, machinery, equipment and facilities within or over that land;
(b) all structures adjacent to that land providing access between that land and the river or vessels in the river;
(c) all vessels, machinery, equipment and facilities in or over the river adjacent to that land;
(d) all vehicles within or adjacent to that land,
used from time to time for any purpose of or connected with sand and gravel production, whether or not they form
FIG TREE POCKET NOISE EMISSION ACT 1984 s. 5 2 s. 3
part of the production premises at the commencement of this Act;
“the river” means the Brisbane River in its Fig Tree Pocket reach.
issibk noise evel. (1) The permissible noise level in relation to one plant being carried on at the material time shall be an L,, of 59dB(A) and in relation to more plant being carried on at the material time shall be an L,, of where L,, is the levell exceeded for 10 per centum minutes measured in decibels on a precision sou eter using ““Fast” response and the “A” weighted scale.
easurernents taken to establish noise levels for on (1) shall be taken point nominated by within the part of the prescribed that is included in the A Zone under the Town Plan fo City of Brisbane as at of this Act.
for he prod
not provide a cause of action or constitute a ground for the institution of any proceeding in any jurisdiction of any Court at the suit of any owner or occupier of the whole or any part of the prescribed land where the provisions of subsection (3) are complied with.
(2) Noise emitted from the production premises shall not provide a ground for the ~ ~ s t i t ~ t i o n of any proceeding or the taking of any action-
on account of a contravention of or failure to comply with any Qrdimance of Brisbane City Council; or
on account of a contravention of or failure to comply with or pursuant to any provision of the Noise Abatement Act 1978- 1983 or any other provision of law relating to the emission of noise so as to affect persons outside the production premises,
where the provisions of subsection (3) are complied with.
with if- (3) The provisions of this subsection shall be taken to be complied (a) where the noise is emitted from one plant only, the level of noise emitted does not exceed the permissible noise level determined in accordance with section 3 in relation to one plant; or
(b) where the noise is emitted from more than one plant, the level of noise emitted does not exceed the permissible noise level determined in accordance with section 3 in relation to more than one plant.
risbane city Council to inform of l i ~ e ~ i ~ o o ~ of noise. (1) It is the duty of Brisbane City Council, if it proposes to sell the prescribed
s. 6 FIG TREE POCKET NOISE EMISSION ACT 1984 Sch. 3
land or any part thereof, to cause each prospective purchaser from it to be clearly and adequately informed-
(a) that the occupier of any part of the prescribed land is likely to be subject to hi h levels of noise emitted from the production premises hroughout the whole of 24 hours per day; and
(b) that section 4 of this Act curtails the of an occupier of any part o f the prescribed land to f under the law in respect of such noise.
(2) ]Et is the duty of the Town Clerk o ndsbane City Council to cause necessary information to be insert nd maintained in the computer rates record file of the Council so that where any person enquires as to payment of rates in respect of the prescribed land or any part thereof he will be informed of the matters specified in para
(a) and (b) of subsection (1).
t. The provisions of this Act and the noise levels thereunder shall continue in the commencement o f this Act, and upon the expiration of that e for a period of 30 years
unless sooner repealed or rev0 period shall terminate.
SCHEDULE
b.
21Land bounded by Fig Tree Pocket d, Ormsby Street, Mactier Street and the river described as Lots 5, 28 to 62 and 88 to 92 shown on registered plan no. 121595, Lots 6 to 27, 93 to 106 and 109 shown on registered plan no. 121593, Lots 63 to 87, 107, 108 and 110 shown on registered plan no. 121594, Lot 1 shown on registered plan no. 165938, Portions 151, 152 and 153 and Subdivisions 1 and 2 of
ortion 154, County of Stanley, parish of Indooroopilly.
67799-By Authority: S . R. HAMPSON, Government Printer, Queensland
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67799-By Authority: S. R. HAMPSON, Government Printer, Queensland
