Noise Pollution

Noise from things like air conditioners, alarms, animals and parties is often the cause of neighbourhood disputes. 

There are laws that can be used to prevent people from creating 'offensive', although no legislation specifies an exact offensive noise level. The NSW EPA Website has a range of useful information about noise pollution, including links to legislation, policies and brochures.

Council has the power to take action in relation to some noise pollution matters under the Protection of the Environment Operations Act 1997 (POEO Act). Our Environmental Health Officers can serve notices to residents and businesses, requiring them to control offensive noise. 

If neighbourhood noise is a problem for you, there are several options available:

You can:

·       Talk to the Person making the Noise Directly - often people don't realise they're causing a problem and will change their behaviour if you talk to them in a friendly way.

·       Lodge a Complaint with Council- contact Councils Compliance Services Department on 02 4823 4444. If you make a complaint to Council, one of our officers will assess the noise against the existing background noise level. If the noise is considered to be offensive, the officer will then take appropriate action to have the noise reduced to an acceptable level. Whether a particular noise is deemed to be offensive is based on a subjective assessment by an authorised officer of Council, which is based on the provisions of the POEO Act.

·       Contact the Police - if you are disturbed by a 'one-off' problem (such as a noisy party or loud music) outside Council's business hours, you might consider contacting the police. The police can issue a Noise Abatement Direction under Section 276 of the POEO Act and direct a person to stop making the offensive noise. A Noise Abatement Direction may be issued at any time of the day or night and can remain in force for up to 28 days. Any person who then fails to comply with this direction can be fined. Police also have special powers that allow them to seize equipment used to make noise (for example, they could seize a sound system in contravention of a noise abatement direction).

·       Seek a Noise Abatement Order - under section 268 of the POEO Act a resident or a person in a commercial or industrial premise who is affected by offensive noise can seek a court order to stop or prevent offensive noise. Fees apply. Contact Goulburn Local Court or visit the NSW Local Court Website for information about the process, including what information the court will need to consider issuing the order. If the court is satisfied there is offensive noise, or that it is likely to recur, it may order the person to stop the noise or to prevent a recurrence. Failure to comply with the order could lead to prosecution. 

·       Seek Mediation through the Community Justice Centre

What is offensive noise?

Offensive noise is defined as noise that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances is:

·         harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or

·         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.

In addition, certain activities or equipment have restricted hours of operation that apply as outlined in the Protection of the Environment Operations (Noise Control) Regulation 2008.  These restrictions apply where noise from these activities or equipment can be heard within a habitable room of another residence with or without the windows or doors open.  

This Table sets out the restricted hours of operation for specific noise sources.

Outside these hours, restrictions may be placed on the use of these activities or equipment if they are causing offensive levels of noise.  

·         A Prevention Notice may be issued under Section 96 of the POEO Act, giving conditions on ways of preventing or stopping a noise;

·         A Noise Control Notice may be issued under Section 264 of the POEO Act, setting an acceptable noise level for a specific item of noisy equipment, such as air conditioners, swimming pool pumps and power tools. This notice can require that the noisy activities are only carried out at certain times of the day, or only on certain days.

Council can take further action if the person does not comply with a notice.

Tips for avoiding a noise complaint being made against you

·         Consider your neighbours when using power tools or playing amplified music, even within the times shown above. Noise can be offensive at any time.

·         If you're going to be doing something noisy, such as having a party, using a chainsaw or doing building work, let your neighbours know and give them an idea of how long the noise will last. Most people appreciate the courtesy and can choose to get away from the noise if they prefer.

·         When you turn on your car's ignition, avoid revving the engine repeatedly. When coming home late at night be mindful of the volume of your stereo and slamming car doors.

·         Enclose your pool or spa pump to muffle any noise being produced. Run pumps only when necessary within the permitted times shown above.

·         Select quiet models when buying your air conditioner, pool pump, or garden equipment (such as leaf blowers, lawn mowers and edge cutters).

·         When installing any new equipment, think about the impact it might have on your neighbours. For example, place air conditioning units away from neighbour's bedrooms and living room windows or have the equipment acoustically shielded.

·         Keep the noise down in your backyard or on your balcony, especially after dark.