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 any affected residence. Even operating within the permissible hours, restrictions can be placed on the use of these articles if they cause offensive noise.

Noise Source	Permissible Hours
Power tools and equipment, including powered garden tools, lawn mowers, leaf blowers, electric or pneumatic tools, chainsaws or circular saws, compressors etc.	7am - 8pm, Monday - Saturday 8am - 8pm Sundays & Public Holidays
Swimming pool and spa pumps	7am - 8pm, Monday - Saturday 8am - 8pm Sundays & Public Holidays
Amplified sound equipment, including radio, TV, hi-fi etc.	8am - midnight, any friday, Saturday or day immediately before a pulic holiday 8am - 10pm on any other day
Domestic air conditioners	7am - 10pm, weekdays 8am - 10pm Saturday, Sunday & Public Holidays
Motor vehicles, except when entering and leaving residential premises	7am - 8pm, Monday - Saturday 8am - 8pm Sundays & Public Holidays
Refrigeration units fitted to vehicles	7am - 8pm, Monday - Saturday 8am - 8pm Sundays & Public Holidays

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 anytime 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

Noise Source	Permissible Hours
Industrial/Commercial Noise
Large industrial complexes	DECC environment line, phone: 131 555
Smaller factories and backyard workshops	Local Council
Commercial premises - ventilation, air conditioning, refrigeration	Local Council
Transport Noise
Commercial airports and aircraft in flight	National Noise Enquiry Line: 1300 302 240
Aircraft on the groud at private and local council operated airports	Local Council
Noisy motor vehicles (including trail bikes) in a public space, such as roads, verges and car parks and off roads, including parks and reserves	DECCW Environment Line, phone: 131 555, or Police Assistance Line, phone: 131 444, or local council
Noisy motor vehicles (including trail bikes) on private property	Police Assistance Line, phone: 131 444, or local council
Local roads noise	Local Council
Freeways, tollways, main roads noise	RTA, phone: 1300 308 349
Rail noise	DECCW Environment Line, phone: 131 555, or Your Say, phone: 1300 656 999
Naval vessels	Defence Department, phone: 1300 333 362
Container and passenger ships	Ports Corporation: Sydney, phone: 9296 4999 Port Kembla, phone: 4275 0111 newcastle, phone: 1800 048 205
Recreational boating, jet skis	NSW Maritime, phone: 131 256
Amplified music from vessels	NSW Maritime, phone: 131 256 or Water Police, phone: 9320 7499 or Local Council
Construction Noise
Freeways and tollways construction	DECCW Enviironment Line, phone 131 555
Main Roads construction	RTA, phone: 1300 308 349
Other Roads construction	Local Council
Building construction	Local Council
Major public infrastructure construction	DECCW Environment Line, phone: 131 555
Public Sporting and entertainment Venues
Motor sports and gun/rifle/pistol clubs	Local Council
Sporting facilities (other than vessels)	Local Council
Aquatic sporting events	NSW Maritime, phone: 131 256
Concert facilities	Local Council
Concerts at major state venues (eg SCG, the Domain, Centennial Park, Moore Park, Olympic Park)	DECCW Environment Line, phone: 131 555
Neighbourhood Noise
Noise from residential premises such as animal noise, barking dogs, power tools, loud music, air conditioners, pool pumps etc.	Local Council or Police Assistance Line, phone: 131 444
Building intruder or car alarms	Local Council or Police Assistance Line, phone: 131 444