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Neighbourhood Noise

If neighbourhood noise is a genuine problem for you, there are a number of options you can take.

Firstly, try to solve the problem amicably by talking it over with whoever is causing the noise. Often people don't realise they are causing a problem; they may be happy to do what they can to help.

If this approach is not successful and noise is a recurrent problem, you can contact a Community Justice Centre (CJC). These are government-funded but independent centres that specialise in settling differences between neighbours without getting into complicated legal processes.

Here are some other formal actions you can take for recurrent noise problems:

Lodge a Complaint with Council

Council has power to investigate and issue a notice or direction under the Protection of the Environment Operations (POEO) Act 1997. A notice or direction can be served on the occupier of premises requiring measures to be taken to control or reduce the noise, however the noise must be considered “offensive” in the opinion of the Council Officer.

Seek a Noise Abatement Order

Under section 268 of the POEO Act, if you are affected by offensive noise, you can make a complaint to a Justice of the Peace. The Justice may summon the person alleged to be making the noise to appear before the Local Court.

If the court is satisfied that there is offensive noise or that it is likely to recur, it may order the person to stop the noise or prevent a recurrence. Failure to comply with the order could lead to prosecution. If you decide on this course of action, speak to your legal adviser or make an appointment to see the chamber magistrate at the Local Court in the district where the noisy premises are located.

Breaches of the noise offence provisions of the POEO Act can attract fines of up to $30,000 in the case of an individual and $60,000 in the case of a corporation, with additional fines for continuing offences.

Noise from Vehicles

A vehicle that emits noise at an excessive level or has been modified can be issued with a defective vehicle notice, contact your local police station to discuss this type of noise.

More Information and Contact Numbers

For further information contact Council's Environment & Health Unit on 9806 5000 or the NSW Environment Protection Authority on 131 555 or www.epa.nsw.gov.au, or your local Community Justice Centre below:

Sydney City
Level 19, 323 Castlereagh Street, Sydney 2000
Tel: (02) 9218 5955/5956
Fax: (02) 9211 1730

Bankstown
Ground Floor, Civic Tower, 66-72 Rickard Road, Bankstown 2200
Tel: (02) 9790 0656
Fax: (02) 9796 3258

Penrith
Level 1, 311 High Street, Penrith 2750
Tel: (02) 4732 1933
Fax: (02) 4731 3578

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