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Neighbourhood noise
How we personally respond to particular noises depends on the type of noise. What is fine one day can drive us to distraction the next, and noise that is unacceptable to one person may be perfectly acceptable to another.
What you can do about noise
There are several things that you can do if neighbourhood noise is a genuine issue for you.
For any noise complaints that require immediate action, or for after hours noise issues or any associated anti-social behaviour you should contact local Police by phoning 131 444.
In the first instance, try to solve the problem by calmly talking to whoever is causing the noise that is affecting you. The person may not know that the noise is a problem. Often people are happy to work with you to solve the issue or to find a compromise acceptable to all.
Involving Council or other government agencies too early in the negotiation process can sometimes result in a breakdown in neighbourhood relationships.
If talking to your neighbours does not solve the issue, you can contact the Community Justice Centre. These are independent centres that specialise in settling differences between neighbours without entering into a complicated legal process.
Services are free, confidential and voluntary with a 95% success rate. For more information contact the Community Justice Centre online or by phoning 1800 990 777.
Council takes a neighbourhood approach to noise complaints. The steps Council takes onces a noise complaint is received include:
- The alleged property will be notified of the complaint and asked for their cooperation to control the noise.
- If the problem continues and further complaints are received, Council may undertake a survey of other surrounding premises
- If a single premise is affected then the affected person may be advised to seek resolution via the Community Justice Centre or to apply for a noise abatement order.
- Where a number of neighbours are affected by the noise, and are willing to give evidence in court, then Council may use discretionary powers available under the relevant legislation to resolve the problem.
Council has a responsibility to act in the interest of the wider community and may choose not to initiate legal action where there is little likelihood of success in the courts. Council will respond to noise complaints in accordance with our Regulation and Compliance Policy.
You can report a noise complaint to Council using the health and environment function of the Report It tool.
Should noise remain a constant and ongoing problem, you can apply to the local court for a Noise Abatement Order. There are fees associated with making a formal application and you should speak with the local chamber magistrate or seek your own legal advice in regards to the process involved and the evidence you will need to produce to substantiate your case.
Domestic noise restrictions
The Protection of the Environment Operations (Noise Control) Regulation 2008 provides the following time restrictions for domestic equipment. During these times, noise should not be heard in a habitable room in a neighbour's residence.
Noise source | Time restrictions |
---|---|
Power tools | 8.00pm to 8.00am on Saturday, Sunday and public holiday 8.00pm to 7.00am on any other day |
Pumps in residential areas (eg swimming pool, spa etc)
| 8.00pm to 8.00am on Saturday, Sunday and public holiday 8.00pm to 7.00am on any other day |
Music | Midnight to 8.00am on Friday, Saturday 10.00pm to 8.00am on any other day |
Air conditioner or water heater / heat pump | 10.00pm to 8.00am on Saturday, Sunday and public holiday 10.00pm to 7.00am on any other day |
Motor vehicles (except when entering or leaving residential premises) | 8.00pm to 8.00am on Saturday, Sunday and public holidays 8.00pm to 7.00am on any other day |
Refrigeration unit fitted to motor vehicles | 8.00pm to 8.00am on Saturday, Sunday and public holidays 8.00pm to 7.00am on any other day |
Please note, an offence occurs if the noise continues after a warning has been given by either a council or police officer.
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