NUISANCES




Environmental Management and Pollution Control Act 1994


Requested: 20 Jun 2009

Consolidated as at: 2 Apr 2009


53. Offence of causing environmental nuisance



(1) A person who wilfully and unlawfully causes an environmental nuisance
is guilty of an offence.

Penalty:

Fine not exceeding 300 penalty units.
(2) A person who unlawfully causes an environmental nuisance is guilty of an offence.

Penalty:

Fine not exceeding 100 penalty units. (A penalty unit is currently $120)
(3) Where an offence under subsection (1) or (2) is constituted by the emission of noise
that is not an emission specified in an environment protection policy to be an
environmental nuisance, the emission is to be taken to unreasonably interfere with a
person's enjoyment of the environment if it is unreasonable having regard to

(a) its volume, intensity or duration; and
(b) the time, place and other circumstances in which it is emitted; and
(c) in the case of noise emitted from residential premises, whether it is, or is likely to be,
audible in a habitable room in any other residential premises.
(4) If in proceedings for an offence against subsection (1) the court is not satisfied that
the defendant is guilty of the offence charged but is satisfied that the defendant is guilty
of an offence against subsection (2), the court may find the defendant guilty of the latter
offence.

(5) Subsections (1) and (2) do not apply to the following:

(a) conduct that is an offence against section 50 or 51;

(b) noise that

(i) is emitted from or by a primary industry activity, within the meaning of the Primary
Industry Activities Protection Act 1995; and
(ii) by reason of section 4 of that Act, does not constitute a nuisance within the meaning
of that Act.


(6) In this section

"habitable room" means any room other than a storage area, bathroom, laundry, toilet
or pantry;
"residential premises" means any building or part of a building lawfully used as, or for
the purposes of, a residence and includes any land within the boundaries of the block
of land on which the building is situated.




53A. Evidentiary provision for environmental nuisance


If, in a proceeding for an offence against section 53(1) or (2), an authorized officer or a
council officer gives evidence, based on the officer's own senses, that noise, smoke,
dust, fumes or odour was emitted from a place occupied by the defendant and travelled
to, or was, or was likely to be, detectable at, a place occupied by another person, that
evidence is prima facie evidence of the matters so stated.