The Noise Act will be reviewed following a complaint by a Canberra pub owner that he has been hit retrospectively by its provisions.
the Noise Act.
The licensee of Sails Waterfront Pub, Toni Sarri, says that when he bought the lease, there were no residences nor any residences proposed within 150 metres of the pub.
He therefore thought that when he built the pub, on Emu Bank in the Belconnen Town Centre, he would be able to run disc-jockey music without falling foul of the Noise Act.
However, subsequent in-fill has put residences within the 150 metres. Residents have complained, and a noise order has been served on him which he can be fined for breaching.
Mr Sarri said yesterday, “”This is retrospective and unfair.”
The Minister for Environment, Land and Planning, Bill Wood, said that while the law was there it would have to be enforced.
However, he acknowledged the residences were approved after Mr Sarri bought the lease.
At present the Noise Act applies universally. Mr Wood said that with mixed developments and higher densities he would look at a graduated system.
“”We’ll examine that,” he said.
If legislation is needed, it would have to be initiated in the Assembly. If it could be done with regulations he could initiate it, but the Assembly still had a role.
Mr Sarri said that over the next 20 years the site would develop in density, diversity and style with restaurants, clubs and bars.
“”People choose to live in these locations because of the lifestyle they offer,” he said.
At present his site was designated entertainment in the Territory Plan. It was ridiculous to have the same noise requirements as a quiet suburban street.
The notice said noise measured at 1.50am on June 17 was 52 decibels, “”being 16 decibels above background noise.” It requires that noise between 7am and 10pm be cut to five decibels above background and between 10pm and 7am for noise not to exceed background.”
Mr Sarri said it meant the noise had to be lower than half that of the sprinkler system or half that of a passing car.
He was pleased the Minister would look at the Noise Act.