Noise Control

What is 'excessive noise?'

Excessive noise is any noise under human control that unreasonably interferes with the peace, comfort and convenience of other people.

Deciding whether noise is excessive is up to the judgement of the Noise Control Officer.

What is "excessive" can change depending on the time of day and other circumstances. For example, a stereo played at a certain volume may be acceptable at 3pm, but not at midnight. Some noises can be excessive at any time of the day.

• A noise stops someone going to sleep or wakes them up at night
• During the daytime, a noise is seriously intrusive to work and concentration
• A noise prevents normal conversation in a neighbouring property
• A noise requires radio or television to be turned up significantly in order to be heard.

What is a justified noise complaint?

The Council considers a justified noise complaint to be when a Noise Control Officer is able to assess the noise on site and confirms that the noise is excessive.

On-going problems with neighbour's noise

It is important to advise the Council at the time the noise is happening so that it can be assessed by the Noise Control Officer and appropriate action taken. Action may include issuing an Excessive Noise Direction or an Abatement Notice or seizure of the offending equipment.

What is an Excessive Noise Direction?

An Excessive Noise Direction (END) is a notice served by a Noise Control Officer if upon investigation of a complaint, confirms that the noise is excessive.

The noise must be immediately reduced to a reasonable level. The END is in place for 72 hours. If the Council receives more justified complaints of excessive noise within 72 hours, the Noise Control Officer and the Police will seize the noise-offending equipment. Additionally, the person receiving the END may be liable for a fine of $500.

The Noise Control Officer cannot seize the noise-offending equipment without the Police. The Police are not always available for seizures. A set fee of $405 is imposed for the return of all seized equipment.

Properties issued with a number of Excessive Noise Direction notices will be monitored by the Council and will receive warning letters and possibly an abatement notice.

When are warning letters sent? And to whom are they addressed?

A warning letter is sent when a property has been issued at least 2 ENDs within 6 months. If the property is rented, the landlord is advised that his/her tenants are causing a noise nuisance to the neighbours and requested to use his/her influence to abate the problem.

If the property receives a further END within this 6 month period (i.e. at least 3 ENDs within 6 months) a final warning is sent advising that if another END is issued the Council will issue an Abatement Notice. As before, the landlord will be notified.

Should the property be issued with a further END within this 6-month period (i.e. at least 4 ENDs within 6 months) an Abatement Notice will be issued to all the identifiable occupants of the property, with information to the landlord.

What is an Abatement Notice?

Where an Abatement Notice is in force, noise-making equipment in the house may be seized without the need for an Excessive Noise Direction to be served.

Note: You will need to have Adobe Acrobat Reader installed on your computer in order to view and print this document.  For help opening PDF files or tips on copying information see Helpful Tips.

Information on Abatement Notices (Size 113K)
A guide to your options when you are issued with an abatement notice.  A brief explanation of what an abatement notice is and options available once one has been issued to you.

What is an Environmental Infringement Notice?

An Environmental Infringement Notice (EIN) is a type of instant fine for not complying with an Excessive Noise Direction ($500) or an Abatement Notice ($750).

Malicious noise complaints

Occasionally, people have unjustified noise complaints lodged against them. If the complaint is unjustified no action will be taken.

The Council investigates every noise complaint by sending a Noise Control Officer to the place where noise is said to be excessive. The officer then makes an independent assessment of whether the complaint is justified. 

Council officers never act solely on the say so of the complainant.

Hints on how to avoid a complaint

Having a party? Be a good neighbour

Most noise complaints in our community involve neighbours playing loud music or having noisy parties - but problems can be avoided with a little neighbourly consideration.

If you're planning a party or like playing music, here are a few hints that may prevent your neighbours from lodging a noise complaint against you:

• Inform your neighbours well in advance and give them some idea what time it is likely to finish. How about inviting them to join you?
• Keep your music equipment inside and close doors and windows where possible to prevent noise escaping. Keep party guests inside also and ask them to keep their noise down when entering and leaving.
• Don't carry out band practice sessions in the middle of residential areas without an okay from your neighbours. Keep the sessions short and restrict them to daylight hours.
• Keep your radio close to you while working or relaxing on your property.