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| | Page Last Updated:
Friday, 20 June 2003 |
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Home>Services and Facilities>Public Health Services>Nuisances
| Noise Complaints | | Noise complaints can be many and varied from barking dogs, scare guns, air conditioners and lawn mowers. Council, Police and the Environment Protection Authority have varying responsibilities.
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| Residential Noise | | The best approach if you have noisy neighbors is to talk to them about the noise and try to settle the problem. It is important to keep on friendly terms with your neighbor. You should seek help from the local council, police or a solicitor, only after you have tried, and failed, to resolve differences with your neighbor.
The Dispute Settlement Centre phone 1800 658 528 and the Legal Referral Service phone (03) 9607 9355 can also assist in resolving noise problems.
It may be helpful to know what the law is when you speak to your neighbor.
Section 48A of the Environment Protection Act 1970 makes it an offence to create unreasonable noise on residential premises at any time of the day.
Section 48A(5) of the Act deems noise to be unreasonable, if certain items of equipment are audible in a habitable room of a neighbor’s house during the prohibited hours. The Environment Protection (Residential Noise) Regulations 1997 specify the items of equipment and the prohibited hours. It should be noted that equipment use outside prohibited hours could still be unreasonable, depending on the circumstances of use, how loud the noise is and other factors.
EPA's role in residential noise matters is limited to providing advice to the various parties. The Authority cannot take legal action itself. The three classes of people who can take action in residential noise matters are:
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 | A member of the Police force | | A Council Officer, normally the Environmental Health Officer; or | | A person claiming to be directly affected by the alleged offence.
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| Police and Environmental Health Officers can warn offenders to abate unreasonable noise, such as noisy parties or annoying air conditioners during the prohibited hours. This direction remains in force for 12 hours. Failure to comply with a police or council direction is an offence and offenders are liable for on-the-spot fines.
Local government can also take action under the Nuisance Provisions of the Health Act 1958. If your noise problem cannot be resolved, you may take legal action yourself under the Act. You should consult your solicitor, if you are contemplating this course of action.
The EPA would normally take responsibility for dealing with complaints of a commercial or industrial nature.
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