Marlborough Sounds Resource Management Plan 21 August 2008 Notwithstanding existing uses, the noise emitted from these areas is still subject to the obligations imposed under section 16 of the Act, which requires occupiers of land to adopt the best practicable option to ensure that the emission of noise from land does not exceed a reasonable level. Rural areas are often perceived to be quiet, tranquil places – but this is not always true. Many rural activities involve noisy mobile equipment and machinery with some special audible characteristics of that noise (e.g.; birdscaring). People living in rural areas also have to accept, as part of their lifestyle, reasonable noise that is generated by legitimate rural activities, including noise from animals. However, rural activities cannot operate in such a manner that the amenity values of rural areas are reduced. Consequently, rural activities will be required to avoid emission of unreasonable noise and mitigate the effects of noise adjacent to other areas. Transport corridors and marshalling areas are known and expected to be subject to higher noise levels than some other areas. Segregation of noise-sensitive activities from transport corridors, commercial, industrial, port or rural areas is a practicable method for avoiding noise effects. Noise-sensitive activities which establish within transport corridors, commercial, industrial, port or rural areas should do so in the knowledge that the environment is more noisy than others. The occupiers of land and every person who carries out an activity has a duty to avoid unreasonable noise and to ensure that the noise does not exceed any relevant noise limits. A noise-sensitive activity which establishes in a noisier environment should have no expectation that reverse sensitivity will apply. If it is not a practicable option to reduce noise, the noise- sensitive activity should be required to have appropriate acoustic treatment of buildings or places where such activities occur. 22.4 Methods of Implementation Rules Set noise performance standards for different areas to reflect the existing amenity values. Guidelines Development of guidelines for the operation of inherently noisy rural equipment and machinery (eg; wind machines, birdscarers). These will address: • Location of activity; • Operation of equipment and machinery; • Operating techniques and hours of operation; • Noise levels relative to notional boundaries; • Design and form of any structures; and • Means to mitigate emission of excessive noise. Enforcement The Council will use the noise abatement provisions of the Act where the emission of noise is excessive or unreasonable. Monitoring Monitoring of noise to establish annual and seasonal profiles and to ensure compliance with rules and consent conditions. 22.4