Excessive Noise

Federation Council shares responsibility for enforcing noise control legislation with the NSW Environmental Protection Authority (EPA), NSW Police, NSW Roads and Maritime Services (RMS) and Office of Liquor, Gaming and Racing (OLGR).  The type of noise and/or the location of where the noise is coming from will determine which agency will respond.

Residential Noise Sources

Council will respond to concerns about noisy activities from residential sources such as from power tools, equipment, musical instruments, air conditioners, pool pumps etc.  The Protection of the Environmental Operations (POEO) Act 1997 places time restrictions on noise from certain equipment in residential premises which should not be audible inside habitable rooms of any other residential premises.

Noise Source	Time Restrictions
Power tools and equipment such as compressors, swimming pool pumps, lawn mowers, leaf blowers, chain saws and the like	Between 8pm until 7am weekdays 8pm and until 8am Saturdays, Sundays and public holidays
Musical instruments and sound equipment such as radios, sound systems and public address systems	10pm until 8am every day except 12 midnight until 8am on any Friday, Saturday or day preceding a public holiday
Domestic air conditioners and pump water heaters	10pm until 7am weekdays and 10pm until 8am weekends and public holidays
Motor vehicles (except when entering or leaving premises)	8pm until 7am weekdays and 8pm until 8am weekends and public holidays
Refrigeration units fitted to motor vehicles	8pm until 7am weekdays and 8am until 8pm weekends and public holidays

 

Refer to the EPA Dealing with Neighbourhood Noise Brochure for more information.

Council encourages residents to first contact their neighbour to discuss the problem and negotiate a resolution. Often they may not be aware the noise is a problem. Council has developed a Courtesy Neighbour Letter(PDF, 43KB) you can use to place in your neighbours letterbox. We suggest you note down the date you put the letter in your neighbour’s letterbox. If this fails, then Council can undertake an investigation on your behalf. Council may initially request you to complete a Noise Evidence Diary(PDF, 165KB) providing specific information on the noise. The noise evidence diary is then used to assess whether the Council is able to act on a person’s behalf to assist in managing and controlling the noise that is causing concern.

If resolution cannot be sought through Council intervention, depending on the circumstances, you can consider contacting a Community Justice Centre on 1800 990 777. 

In some circumstances Council may not be able to practically regulate the noise or it may not be able to gather appropriate evidence to take action on a person’s behalf or the complainant may be unhappy with the outcome of Council’s investigation.  In these circumstances, the affected person may wish to consider taking private action independently of the Council by seeking a Noise Abatement Order through the local court under section 268 of the POEO Act.  See EPA’s website for more information about how to go about this.

Noise from one-off situations (such as parties) or where the noise is occurring outside of Council’s business hours should be referred to NSW Police on 131 444.  If you are hosting a party, consider your neighbours – let them know it’s happening in advance and give them an indication of when to expect the music/noise to finish.  And be reasonable with the volume of the music.

Commercial, Industrial and Other Noise Sources

Noise not from non-residential activities can be the responsibility of a number of different agencies depending on the situation. 

NOISE SOURCE	AGENCY
Industrial/commercial noise
Large industrial complexes	EPA Environment Line 131 555
Smaller factories and backyard workshops	Council
Commercial premises including noise from ventilation, air conditioning, refrigeration, garbage collection, public address systems	Council
Transport noise
Noise motor vehicles in a public place such as roads, verges, carparks and off-road including parks and reserves including trail bikes	EPA Environment Line 131 555 Police Assistance Line 131 444
Noise motor vehicles on private including trail bikes	Police Assistance Line 131 444
Recreational boating and jet skis	Roads and Maritime Services 1300 308 349
Construction noise
Road construction noise on main roads	EPA Environment Line 131 555 or Roads and Maritime Services 1300 308 349
Road construction noise on local roads	Council
Building site or construction noise	Council
Public sporting, entertaining and licensed venues
Concerts, fairs, sporting events and community events	Council
Fireworks on private or public land	NSW WorkCover 13 1050
Premises licensed to serve alcohol	NSW Office of Liquor, Gaming and Racing 1300024 720 Police Assistance Line 131 444
Animals
Abused or neglected animals	NSW RSPCA 1300 278 358
Barking dogs	See Pets and Animals information below.
Other
Noise in public places and local parks	Council Or Police (if occurring outside of Council business hours)
Intruder alarms from buildings and vehicles	Council Or Police (if occurring outside of Council business hours)