Unreasonable noise emissions on premises.
37. (1) A person who on any premises uses or causes or allows to be used any equipment in such a way as to cause or allow it to emit unreasonable noise from those premises commits an offence.
(2) A prosecution for an alleged offence under subregulation (1) may be instituted only by –
(a) any three or more persons, each of whom is the occupier of the premises and claims to be directly affected by that alleged offence;
(b) an authorized person; or
(c) a police officer.
Installation of equipment emitting unreasonable noise.
38. A person who installs on or in any premises any equipment which he knows or would have known had he exercised reasonable care, that when so installed and operated emits an unreasonable noise,commits an offence and is liable on summary conviction to a fine of not less than one thousand dollars or to imprisonment for a term of not less than three months.
Noise abatement directions.
39. (1) If an authorized person considers that an unreasonable noise has been or is being emitted from any premises, the authorized person may –
(a) direct, either orally or in writing, as he considers appropriate,
(i) the person whom he believes to be the occupier of those premises to cause the emission of that unreasonable noise to cease; or
(ii) any person whom he believes to be making or contributing to the making of that unreasonable noise to cease making or contributing to the making of that unreasonable noise; or
(b) take such measures or cause such measures to be taken as the authorized person or police officer considers necessary to abate the emission of that unreasonable noise or to remove the likelihood of any unreasonable noise being emitted.
(2) A person who does not without reasonable excuse comply with a direction given by an authorized person under subregulation (1) commits an offence.
(3) A direction given under subregulation (1) shall have effect for such period not exceeding 7 days as is specified in that direction, but may within that period be revoked by the authorized person who gave it or by any other person authorized by the Department for that purpose.
Powers of entry in respect of noise abatement directions.
40. (1) An authorized person may, for the purpose of enabling h m to give direction, or to take or cause to be taken any measures, in respect of noise emitted from any premises or to ascertain whether or not an offence under Regulation 37 (2) has been committed on any premises –
(a) enter such premises, with the aid of such other authorized persons as he considers necessary; and
(b) whether or not he enters such premises, require any person
(i) whom he considers on reasonable grounds was or to have been present in or on such premises at any time when the noise was being emitted; and
(ii) to whom he has given an oral or written warning of his obligation to furnish him with his name and address and with the name and address of the occupier of those premises,
to furnish him with the names and addresses so requested by him.
(2) A person who does not comply with a requirement made under subregulation (1) (b) commits an offence.
(3) An authorized person shall not, if he exercises the power referred to in subregulation (1) (a), use force in so doing unless he is accompanied
by a police officer.
Excessive noise emissions from vehicles or vessels
41. (1) A person who is the owner or driver of a vehicle or vessel which does not comply with any noise emission standard prescribed for the purposes of this subregulation commits an offence.
(2) For the purposes of subregulation (1) above, evidence that a vehicle or vessel was found, upon inspection, measurement or test, made by an authorized person, not more than six weeks after the commission of the alleged offence, not to comply with the noise emission standard as set in that subregulation shall be sufficient evidence to prove that the vessel or vehicle exceeded the prescribed noise limit.
Noise levels. Second Schedule
42. Noise levels in excess of the levels contained in the Second Schedule to these Regulations in respect of the various structures as indicated in that Schedule are prohibited.
Offences 60 of 2002.
43. Every person who contravenes or fails to comply with any of the provisions of h s Part, commits an offence and shall be liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.