Neighbourhood noise

Neighbourhood noise is a frequent cause of complaints to local councils, the police and the Environment Protection Authority (EPA).

When noise annoys

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 only too 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 (CJC). These are government-funded but independent centres that specialise in settling differences between neighbours without getting into complicated legal processes.

Other formal actions you can take for recurrent noise problems are set out below.

Lodge a complaint with council

Council has power to issue a notice for many of the offensive noise problems in the community. Under section 264 of the Protection of the Environment Operations (POEO) Act 1997, a notice can be served on the occupier of premises requiring measures to be taken to control noise from a wide range of domestic sources, including air-conditioners, swimming pool pumps, radios, sound reproduction equipment, musical instruments, power tools, lawnmowers, and burglar alarm.

The notice can require the noise-making activities to be restricted to certain times of the day or certain days. Failure to comply with the notice could lead to prosecution.

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.

Specially restricted domestic noise sources

The Noise Control (Miscellaneous Articles) Regulation 1995 and the Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 set out restricted times during which articles and vehicles entering or leaving premises may not be used if they can be heard in a neighbour's home. These articles, vehicles and hours of restriction are listed below. Even outside these hours, restrictions can be placed on the use of these articles if they cause an offensive noise. The penalty for breaching these regulations varies from $150 to $550.

It is an offence against the Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation for the sound system of a motor vehicle to emit offensive noise or for a telephone to be connected to a car horn or alarm.

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