Victorian Numbered Acts

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PUBLIC HEALTH AND WELLBEING AMENDMENT ACT 2021 (NO. 2 OF 2021) - SECT 4

Section 58 amended

    (1)     In section 58(2)(e) of the Principal Act, for "emission;" substitute "emission, other than a noise or emission referred to in subsection (2A);".

    (2)     After section 58(2) of the Principal Act insert

    "(2A)     This Division does not apply to nuisances arising from or constituted by any noise or emission from a wind turbine at a wind energy facility.".

    (3)     For section 58(4) of the Principal Act substitute

    "(4)     In this section—

"offensive" means noxious or injurious to personal comfort;

"wind energy facility "means land used to generate electricity by wind force, including land used for any turbine, building or other structure, anemometer or other thing used in or in connection with the generation of electricity by wind force, other than turbines principally used to supply electricity for domestic or rural use of land.".



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