Call our lawyers
now
or,
have our lawyers
call you
Excessive Noise (NSW)
Updated on Nov 09, 2022 • 4 min read • 697 views • Copy Link
Excessive Noise (NSW)
Neighbourhood disputes can arise in relation to a range of everyday matters. One common problem is excessive noise caused by or coming from the property of a neighbour. If your neighbour is making excessive noise and you cannot resolve the problem by talking to them, there are a number of measures that you may need to consider taking.
Offensive noise
Offensive noise is noise that is harmful to persons outside the property it is coming from or that interferes unreasonably with the comfort or rest of a person outside of the place it is coming from.
This may be because of the level of the noise, its nature or quality or the time it is made.
Excessive noise caused by animals
Noise caused by barking dogs is regulated by the Companion Animals Act. Under that act, a dog or cat is a nuisance if it persistently makes noise that interferes with the peace, comfort or convenience of another person.
Pet owners may be issued with fines for having an animal that is a nuisance.
Noise Control Orders
Section 264 provides that a Noise Control Order can be made to prohibit a person from carrying out a specific activity on premises or from using a specific article on the premises in such a way that causes noise in excess of a certain level.
A person who is given a noise control order may be required to pay any reasonable costs incurred by the authority in the course of monitoring compliance with the notice.
It is an offence, punishable by a fine of up to $30,000 for an individual or $60,000 for a corporation, to contravene a noise control order.
Noise Abatement Orders
A noise abatement order is an order of the Local Court requiring the person responsible for excessive noise to stop making the noise for as long as the order remains in force.
To apply for a Noise Abatement Order, you must fill in a form, file it with your Local Court (ad pay the filing fee) and serve a copy on your neighbour. You will then need to attend court for a mention. If your neighbour opposes the application, the matter will be listed for a hearing. At the hearing, you will need to call evidence to convince the court that the order is needed.
If the court is satisfied on the balance of probabilities that the alleged offensive noise exists or is likely to recur, it can make an order:
- That the respondent abate the offensive noise;
- That the respondent prevent the offensive noise from recurring.
It is an offence, punishable by a fine of up to 30 penalty units, to contravene a noise abatement order.
Noise Abatement Directions
Under Section 276, a police officer may issue a noise abatement direction where it appears that offensive noise is being emitted from premises. The direction may be:
- That the occupier of the premises cause the offensive noise to cease; or
- That any person who is making or contributing to the noise stop doing so.
It is an offence, punishable by a fine of up to 30 penalty units, to contravene a noise abatement direction.
Police powers
The police have the power to enter premises after the issue of a warrant, where they believe that excessive noise is being emitted.
Where a noise abatement direction is being contravened, the police may seize any equipment being used to contravene the direction. Police may only do this after giving a warning that the equipment may be seized if the noise continues. Seized equipment must be returned or released within 28 days.
Other criminal offences
Under the Protection of the Environment Operations Act, there are also several criminal offences relating to causing noise pollution. These are selling articles that emit noise in excess of the prescribed level (Section 136) and selling articles that are required to be fitted with noise control equipment, but are not so fitted (Section 137). Both of these offences carry a maximum fine of $250,000 for an individual or $1,000,000 for a corporation.
If you require legal advice or representation in relation to any civil law neighbourhood dispute or in any other legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Neighbourhood disputes sometimes arise about the dividing fence between two properties. Disputes about fences in Queensland are governed by the Neighbourhood Disputes (Fences and Trees) Act 2011. While most fencing disputes can be resolved directly between the parties concerned, it is sometimes necessary to resort to making an application to ....
Posted in:
Neighbourhood Disputes
Fence disputes often occur between neighbours. They can relate to an existing fence, to the boundary lines of properties, or to retaining walls. Different legislation is applicable to different types of fence disputes. Fence disputes regarding fences which divide two neighbouring properties are governed by the Dividing Fences Act 1991. ....
Posted in:
Neighbourhood Disputes
Can I Cut Down My Trees? (Qld)
A homeowner may want to remove a tree on their property for a variety of reasons. For instance, the tree may be in danger of falling on the house. Still, homeowners need to ensure that they follow the law when removing a tree. Violating this law can incur heavy penalties ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes can arise over many everyday matters, such as pets, trees, dividing fences or noise. In many cases, neighbourhood disputes can be resolved informally, by talking about the situation and listening to each other’s point of view. Where this does not solve the problem, mediation can be used to ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes sometimes arise about one or more trees on adjoining properties. These disputes are regulated by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. If a tree dispute cannot be resolved directly between the parties, it may be necessary to make an application to QCAT to determine how ....
Posted in:
Neighbourhood Disputes
Neighbourhood Disputes (Qld) When you are living in an urban area, you are likely to have neighbours in close proximity to you and you may be affected by their actions or inactions. Neighbourhood disputes commonly arise in relation to trees, shared fences or animals. While disputes about trees and fences ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes often arise in Victoria over issues such as fences and boundary lines, noise, trees and pets. When a dispute arises between neighbours, they should always try to resolve the situation directly with the other party. If an agreement cannot be reached, a party can complain to the local ....
Posted in:
Neighbourhood Disputes
Tree disputes generally occur between neighbours. In some instances, the tree may be obstructing a neighbour’s view. In most instances, proceedings are commenced because the tree or trees in question are causing damage to a neighbouring property. The legislation which governs tree disputes is the Trees (Disputes Between Neighbours) Act ....
Posted in:
Disputes
Neighbourhood Disputes
We all hope to enjoy friendly relationships with our neighbours. All too often, however, disagreements over noise, pets, boundaries, and encroachment ruin these relationships. It is particularly common for a neighbour dispute to arise over trees overhanging property lines or obstructing a neighbour’s view. While other states have introduced statutory ....
Posted in:
Neighbourhood Disputes
Cats And Dogs And The Law (Qld)
In Queensland, the keeping of domestic animals is regulated by the Animal Management (Cats and Dogs) Act 2008 as well as by various by-laws. This legislation sets out the responsibilities of owners and keepers of cats and dogs, the procedures to be followed in investigating non-compliance with the laws and ....
Posted in:
Neighbourhood Disputes
Neighbourhood Disputes (SA) Disagreements that arise between neighbours can often be resolved informally, by talking to your neighbour and letting them know how their actions are affecting you. When it is not possible to resolve a neighbourhood dispute face to face, there are various procedures that can be followed to ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes commonly arise about issues such as fences, pets and excessive noise. These disputes can often can be resolved informally by talking to the neighbour and letting them know when their actions are affecting you. When this is not possible, the dispute may need to be taken to arbitration, ....
Posted in:
Neighbourhood Disputes