Neighbourhood Noise

Noise disturbances are controlled under the provisions of the Protection of the Environment Operations Act 1997. In general, offensive noise should not be emitted from a premises.

Offensive noise means noise:

1.  that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:
   (i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or
   (ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or
2. that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations

Reporting Noise Pollution

Firstly it is recommended that you try and resolve the noise issue yourself by talking it over with the person causing the noise. Often people don’t realise they are causing a problem and they may be very happy to do what they can to help. If this approach is not successful and where noise is a recurrent problem you may, depending on the circumstances, consider contacting a Community Justice Centre. If you are unable to resolve the matter by using these methods, more formal action may be taken by contacting Council and providing the following information:

• Time, date and duration of the noise
• Details of the type and sound of the noise
• Details of the likely noise source
• Your contact details

Council will not investigate anonymous complaints.

Civil action for the issuing Issue of a Noise Abatement Orders:

1. The occupier of any premises may apply to the Local Court for an order under section 268 of the Protection of the Environment Operations Act 1997.
2. The application is to be commenced by the issue of an application notice that alleges that the occupier’s occupation of premises is affected by offensive noise.
3. The respondent to the application may be a person alleged to be making or contributing to the noise or the occupier of premises from which the noise is alleged to be emitted.
4. If the Local Court is satisfied (on the balance of probabilities) that the alleged offensive noise exists, or that although abated it is likely to recur on the same premises, the Local Court may make either or both of the following orders:
   (a) an order directing the respondent to abate the offensive noise within the time specified in the order,
   (b) an order directing the respondent to prevent a recurrence of the offensive noise.
5. Part 4 of the Local Court Act 2007 applies to an application under this section.

Permissible Hours

To enable people to use and maintain their properties, an understanding has been reached for certain acceptable domestic noise. Certain items may only be used outside the permissible hours if they are not heard within a habitable room of an affected residence. Even operating within the permissible hours, restrictions can be placed on the use of these articles if they cause offensive noise.

Night Time Music or Party Noise

Disturbances of excessive noise from parties at night, where Council Rangers are unavailable, should be directed to the Local Police. Authorised officers can issue Noise Abatement Directions if they are satisfied that the level of noise is obtrusive and offensive. A person to whom a Noise Abatement Direction has been given must not, without reasonable excuse, while the direction remains in force:

• fail to cause the emission of the offensive noise from the premises to cease promptly
• at any time within 28 days following the time at which the direction was given cause or permit offensive noise to be emitted from the premises

Commercial Premises

Most commercial operations are required to comply with noise requirements (in accordance with the NSW Industrial Noise Policy) under their respective development consents for the use of the property.

Reporting Noise Pollution – Who to Contact