noise guide for local government - acoustic soundproofing

Noise Guide for Local Government

Part 5 Case studies 51

Case study 1 Using a Noise Control Notice 51

Case study 2 Using a Prevention Noticeand a Compliance Cost Notice 52

Case study 3 Using a Noise AbatementDirection 54

Case study 4 POEO (Noise Control) Regulation2000—Time of use provisions 55

Case study 5 Using a Noise Abatement Order 55

Case study 6 Noise from garbage collection 57

Case study 7 Open-air concert and publicaddress systems 58

Case study 8 Noise from a motor sport facility 60

Case study 9 Noise from repeatedly barkingdog 63

Case study 10 Choosing an appropriatenoise descriptor to measurea particular source 64

Part 6 Appendixes 65

Appendix 1 Managing noise impactson residents for particular issues:Quick reference guide 66

Appendix 2 ‘Modifying factor’ adjustments 69

Appendix 3 Technical notes 71

Appendix 4 Templates for notices 73

Prevention Notice 74

Noise Control Notice 76

Compliance Cost Notice 78

Noise Abatement Direction 80

Noise Warning 81

Appendix 5 Australian Environmental Councilbrochure: Air conditioner noise 82

Appendix 6 Australian Environmental Councilbrochure: Noise from swimmingand spa pools 87

Part 7 References and index 89

Contents

Glossary iii

Overview of this document v

Part 1 Framework for noise control 1

1.1 Challenges in managing noise 1

1.2 Noise management spectrum 2

1.3 Legal framework for noise control 3

1.4 Roles and responsibilities in noisecontrol 6

1.5 Guidance for managing noise problems 8

1.6 Useful references and links 8

Part 2 Noise assessment 11

2.1 Times of use and audibility of noise 11

2.2 Duration of noise from alarms 12

2.3 Offensive noise 12

2.4 Noise measurement 13

2.5 Common sources of noise 16

Part 3 Noise management principles 19

3.1 Preventing noise impacts 19

3.2 Noise mitigation measures 22

3.3 Other noise management options 27

Part 4 Regulating noise impacts 31

4.1 Deciding on a course of action 31

4.2 The Protection of the EnvironmentOperations Act 1997 33

4.3 The POEO (Noise Control)Regulation 2000 42

4.4 Traffic noise 49

4.5 Dealing with warnings and offences 49

Return to www.enoisecontrol.com

www.enoisecontrol.com

Noise Guide for Local Government iii

Ambient noiseThe all-encompassing noise within a givenenvironment. It is the composite of sounds frommany sources, both near and far.

Appropriate regulatory authority (ARA)The body responsible for regulating particularactivities. Section 6 of the POEO Act specifies whichbody is the ARA for different activities.

Authorised officerA person appointed under Part 7.2 of the POEO Actby an appropriate regulatory authority who canexercise the investigation powers listed underChapter 7 of the Act and issue Noise AbatementDirections under section 276.

Authorised officers must be appointed asEnforcement Officers to issue Penalty Notices.

Authorised personAn authorised officer or a Police officer, or an officeror employee of the marine authority (in relation tovessels in navigable waters).

Authorised persons have powers to issue NoiseAbatement Directions as per section 276 of the POEOAct.

Background noiseThe underlying level of noise present in the ambientnoise, excluding the noise source under investigation,when extraneous noise is removed. This is describedusing the LA90 descriptor (see below).

Community annoyanceIncludes noise annoyance due to:

– characteristics of the noise (e.g. sound pressurelevel, tonality, impulsiveness, low-frequencycontent)

– characteristics of the environment (e.g. very quietsuburban, suburban, urban, near industry)

– miscellaneous circumstances (e.g. noise avoidancepossibilities, cognitive noise, unpleasantassociations)

– human activity being interrupted (e.g. sleep,communicating, reading, working, listening toradio/TV, recreation).

ComplianceThe process of checking that source noise levels meetwith the noise limits in a statutory context.

dBAbbreviation for decibel—a scale used in soundmeasurement. It is equivalent to 10 times thelogarithm (to base 10) of the ratio of a given soundpressure to a reference pressure.

dB(A)A value used for ‘A-weighted’ sound pressure levels.‘A’ frequency weighting is an adjustment made tosound-level measurement to approximate theresponse of the human ear.

Enforcement officerA person authorised to issue Penalty Notices foroffences against the POEO Act and Regulations(s. 226).

An enforcement officer is able to use all theinvestigatory powers of an authorised officer listedunder Chapter 7 of the POEO Act, but only for thepurposes of issuing a Penalty Notice (s. 189A).

Under the Noise Control Regulation, officers oremployees of a local authority, the EPA, a portscorporation, the Police, the Sydney HarbourForeshore Authority, or the Waterways Authoritymay be authorised as an enforcement officer to issuePenalty Notices for specific provisions of theregulation.

Environmentally unsatisfactory mannerReferenced under Part 4.3 of the POEO Act as arequirement for issuing Prevention Notices. Anactivity is carried on in an environmentallyunsatisfactory manner if:

– it is carried on in contravention of, or in a mannerthat is likely to lead to a contravention of, this Act,the regulations or a condition attached to anenvironment protection licence

– it causes, or is likely to cause, a pollution incident

– it is not carried on by such practicable means asmay be necessary to prevent, control or minimisepollution, the emission of any noise or thegeneration of waste, or

– it is not carried on in accordance with goodenvironmental practice.

Extraneous noiseNoise resulting from activities that are not typical ofthe area. Atypical activities may include construction,and traffic generated by holiday periods. Normaldaily traffic is not extraneous noise.

Glossary

iv Noise Guide for Local Government

Feasible and reasonable measuresFeasibility relates to engineering considerations andwhat can practically be built. Reasonableness relatesto applying judgement to arrive at a decision, takinginto account noise mitigation benefits, cost ofmitigation, community views and noise levels foraffected land uses.

Habitable roomAny room (in a dwelling) other than a garage,storage area, bathroom, laundry, toilet or pantry.Used in determining the audibility of noise under the‘Times of Use’ sections of the POEO Noise ControlRegulation.

LA90

The A-weighted sound pressure level that is exceededfor 90% of the time over which a given sound ismeasured. This is considered to represent thebackground noise (see above).

LA10

The A-weighted sound pressure level that is exceededfor 10% of the time over which a given sound ismeasured.

LAeq (equivalent continuous noise level)The level of noise equivalent to the energy averageof noise levels occurring over a defined measurementperiod.

LAmax

The A-weighted sound pressure level that representsthe maximum noise level measured over the time thata given sound is measured

LA1 (60 seconds)

The A-weighted sound pressure level that is exceededfor 1% of the time over a 1 minute measurementperiod; i.e. is exceeded for 0.6 seconds. This measurecan approximate to the maximum noise level butmay be less if there is more than 1 noise event duringthis 0.6 second period.

LAeq (15 minutes)

The level of noise equivalent to the energy averageof noise levels occurring over a 15 minutemeasurement period

LAx(T) : meaning of the symbol ‘T’‘T’ is the time period over which measurements aretaken.

Protection of the Environment Operations Act 1997(POEO Act)

An Act that consolidates air, water, noise and wasterequirements into a single piece of legislation. ThePOEO Act repeals and replaces (among other Acts)the Noise Control Act 1975. It contains the provisionsfor Noise Control Notice, Prevention Notice,Compliance Cost Notice and Noise AbatementDirections discussed in this Guide.

POEO (Noise Control) Regulation 2000(Noise Control Regulation)

The regulation that provides controls on specificcommunity noise situations, including noise fromindividual motor vehicles, vessel noise and a range ofneighbourhood activities such as use of power tools,alarms, air conditioners and amplified music.

Rating background level (RBL)The overall, single-figure, background levelrepresenting each assessment period (day/evening/night) over the whole monitoring period (as opposedto over each 24-hour period used for the assessmentof background level). This is the level used forassessment purposes. It is defined as the medianvalue of:

– all the day assessment background levels over themonitoring period for the day (7:00 am to 6:00 pm)

– all the evening assessment background levelsover the monitoring period for the evening(6:00 pm to 10:00 pm)

– all the night assessment background levelsover the monitoring period for the night(10:00 pm to 7:00 am).

ReceiverThe person who is hearing the noise.

Sleep disturbanceAwakenings and disturbance to sleep stages.

TonalityNoise containing a prominent frequency andcharacterised by a definite pitch.

Noise Guide for Local Government v

Overview of this document

In some cases, assessing and applying suitablemitigation measures to noise problems is notstraightforward. The following guidelines may beof help when dealing with more complex noiseproblems:

The NSW Industrial Noise Policy—specificallyaimed at large industrial developments, but alsoprovides guidance on measuring and assessing noisefrom small commercial and industrial premisesregulated by councils.

NSW Environmental Criteria for Road TrafficNoise—criteria for assessing road traffic noise fromroad developments with the aim of promoting theconsideration of noise pollution impacts early in theplanning of new roads and freeways.

This Noise Guide for Local Government does not coverin detail the powers that are the province of theNSW Environment Protection Authority (EPA),Police or Waterways Authority. These include Policeand EPA noise control powers for motor vehiclesoperating on public roads and WaterwaysAuthority powers for noise from vessels.

The EPA’s Environmental Noise Control Manual canno longer be considered to contain currentinformation on noise management. The manual is nolonger in print, is not being updated, is not activelysupported by the DEC, and has been superseded byother DEC policy documents, including this Guide.However, it may still be a useful source ofinformation for councils developing a policy ordealing with a particular noise issue.

The noise guidelines and technical notes found inthe manual from Chapter 150 onwards are eithercontained in this Guide or are no longer relevant.Chapters 152 ‘Motor Sport’, 158 ‘Domestic AirConditioners’, 159 ‘Lawful Sporting Activities’ and162 ‘Open Air Entertainment’ from the manual havebeen incorporated into the case studies in thisGuide; Chapter 175 ‘Gas scare guns’ has beensuperseded by the draft South Australianguidelines (http://www.environment.sa.gov.au/epa/pdfs/bird_scarers.pdf) and chapters 171 and174 cover policy areas are under revision. The mostrelevant technical notes and data sheets (fromChapter 200 onwards) from the manual have beenretained in the appendixes of this Guide. Othertechnical matters are best referenced through textbooks on the subject.

This Noise Guide for Local Government aims toprovide practical guidance to council officers in theday-to-day management of local noise problemsand in the interpretation of existing policy andlegislation.

This Guide focuses on how to assess and managenoise issues dealt with by council officers, such asneighbour-to-neighbour problems and those resultingfrom commercial or industrial premises.

Importantly, the Guide is also aimed at planners.It outlines planning considerations that can have asignificant bearing on prevention of future noiseproblems.

The Guide is advisory in nature, and council officersare encouraged to use it to develop councilprocedures or policy to deal with noise issuesrelevant to local circumstances.

Part 1—Framework for noise control outlines thelegal framework for noise control and the distributionof responsibility for dealing with noise problems.

Part 2— Noise assessment describes the key noiseassessment procedures that council officers may usewhen deciding whether noise is a problem. Thesetools include assessments of time of use andaudibility, duration of alarms and offensive noise,and noise measurement.

Part 3—Noise management principles describes therange of mitigation strategies to prevent or minimisenoise impacts from both planning and managementperspectives.

Part 4—Regulating noise impacts identifies thestatutory processes that are available to avoid orcontrol noise.

Part 5— Case studies illustrate how the assessmentand management tools available can be used to helpcontrol some common noise problems.

The alphabetical index on page 90 is intended tohelp with quick access to a particular noise issue.The document includes cross-references to otherrelevant material throughout the text. A glossary isincluded on page iii to explain commonly usedterms.

The Environment Protection Authority (EPA) is astatutory body with specific powers underenvironmental protection legislation. In September2003, the EPA became part of the Department ofEnvironment and Conservation (DEC).

Noise Guide for Local Government 1

Part 1 Framework for noise control

1.1 Challenges in managing noise

Noise affects most of us at some time. We live in asociety where noise levels tend to be increasing, alongwith a heightened potential for disruption to ourwork, home life or recreational activities. There arealso significant variations in the way individualsreact to noise. Some people may be more annoyedthan others by any given noise level. Noise maybecome annoying if it intrudes into people’sawareness, is heard against their wishes or offersthem no benefits. Noise can disrupt people’sactivities and rest by interfering with speech, study,leisure or sleep.

Breakdowns of noise-related complaints received byBlacktown City Council and Shoalhaven Citycouncil are included in Figure 1 as examples ofcomplaints received in urban and semi-ruralcouncil areas.

In 2002–03, noise-related calls received byBlacktown Council’s environmental servicesdepartment totalled 63% of total calls received.Similarly for Shoalhaven Council the proportionwas 35% of total calls.

Figure 1: Noise-related complaints received by Shoalhaven and Blacktown councils, 2002–03

Blacktown City Council

Shoalhaven City Council

2 Noise Guide for Local Government

An individual’s response to noise is subjective andcan depend on specific circumstances, such as timeof day and the type of activity being undertaken.This can make it difficult to determine a noise levelthat is satisfactory to all people, so it is important toensure that there is an independent and unbiasedassessment of noise problems. This will help findthe balance between being able to conduct legitimateactivities that may emit noise and the responsibilityto minimise noise.

Where noise is a problem, there is a generalexpectation that whoever is creating the noiseshould take all reasonable and feasible measuresto minimise it.

Councils and Police have a key role in managinglocal noise problems by providing an impartial andfair assessment of what level of noise is reasonable,taking into consideration the nature of the activity,the surrounding area and number of people likelyto be affected.

Resolving noise problems successfully will often relynot just on identifying the problem and developing asuitable noise management strategy, but also onmanaging the complaint effectively. This is importantso that the complainant sees that action is beingtaken, has realistic expectations about the end result(i.e. noise may still be audible) and understands thetime it will take to resolve the problem.

1.2 Noise management spectrum

Successful noise management is based on aspectrum of considerations and options. At one endof the spectrum is prevention using long-termstrategic approaches that aim to avoid or minimisepotential noise impacts before they occur. Land useplanning has a key role in helping to preventpotential noise impacts, both at the strategicplanning level for an area and at a project-specificlevel.

At the other end of the noise management spectrumis the need to remedy existing noise impacts thatare unacceptable and causing disturbance to thecommunity. The Protection of the EnvironmentOperations Act 1997 (POEO Act) provides regulatorytools for managing noise impacts from new andexisting noise-producing developments. Of course,non-regulatory approaches also have an importantrole to play in managing existing local noiseproblems and should be used before applyingregulatory mechanisms.

The primary obligation to mitigate noise impacts onneighbouring properties lies with the person makingthe noise, but where noise mitigation options havebeen exhausted the only practical means to reducenoise impacts may be to incorporate mitigationmeasures into new noise sensitive developmentsthat are receiving the noise.

Figure 2 illustrates the spectrum of optionsavailable to prevent and manage noise impacts.Options located in the middle of the spectrum canbe used both to prevent noise impacts and tomanage existing problems.

Figure 2: Noise management spectrum

Noise management tools (non-regulatory & regulatory)

Proactive measures: Reactive measures:Preventing noise impacts Remedying existing

noise impacts

Land use planning Information & education Negotiation & mediation POEO Act

Site selection Facilitating communication Complaint management POEO (Noise Control) Regulation

Use of topography Liaison with other agencies Other legislation

Distance attenuation Enforcement tools:

Zoning Penalty Notices & prosecution

Site & building layout

Building insulation & construction methods

Use of industry best practice guidelines


1.3 Legal frameworkfor noise control

The Protection of the Environment Operations Act 1997(POEO Act) and the Protection of the EnvironmentOperations (Noise Control) Regulation 2000 (NoiseControl Regulation) provide the legal frameworkand basis for managing unacceptable noise.

The POEO Act:

• identifies responsibility for regulating noise

• defines ‘offensive noise’• provides a range of tools to manage noise,

including a Noise Control Notice, PreventionNotice, Noise Abatement Direction and NoiseAbatement Order

• makes it an offence to do various things that causethe emission of noise and to breach the conditionsof a notice or order.

The POEO Act defines the appropriate regulatoryauthority (ARA) responsible for regulating variousactivities. The Act also gives powers to particularclasses of people, for example council officers, EPAand Waterways Authority officers and Police. Theirpowers depend on whether they are authorisedofficers, enforcement officers or authorised persons.It is important to note the differences between ARAs,authorised officers, enforcement officers andauthorised persons (explained below).

The ARA is the body responsible for regulatingparticular activities and can issue Prevention Noticesand Noise Control Notices for these activities. Section6 of the POEO Act specifies which body is the ARAfor different activities. The POEO (General)Regulation 1998 also declares other bodies (such asthe Waterways Authority) to be ARAs for particularactivities.

Authorised officers are people who are appointed byan ARA under section 187 of the POEO Act, and acton its behalf in investigating alleged environmentalproblems relating to activities regulated by the Act.Authorised officers have a range of investigatorypowers and can issue Noise Abatement Directionsand other notices provided for by the POEO Act orRegulations. The POEO Act provides authorisedofficers with powers to:

• require information or records (Part 7.3)• enter and search premises (Part 7.4)

• question and identify persons (Part 7.5).

Section 187 of the POEO Act enables a local councilto appoint officers and employees of other localcouncils (as well as its own officers and employees)as authorised officers for the purposes of the Act, inrelation to its area. This is to facilitate activities underthe Act that require action across local governmentboundaries.

Enforcement officers are people who areauthorised under clause 6(2) of the POEO (PenaltyNotices) Regulation 1999 to issue Penalty Notices(see section 4.2) for offences listed in Schedule 1 ofthat Regulation. An enforcement officer can use allthe investigatory powers of an authorised officer(i.e. a person appointed under section 187), but onlyfor the purposes of issuing a Penalty Notice.

The POEO Act and POEO (Penalty Notices)Regulation previously referred to people who wereauthorised to issue Penalty Notices as ‘authorisedofficers’. However, to differentiate them from peopleappointed as ‘authorised officers’ under section 187of the POEO Act, the new term ‘enforcement officer’was introduced from 1 July 2002 to refer to a personwho is authorised to issue Penalty Notices. It isexpected that ARAs will commonly appoint aperson as both an ‘authorised officer’ and an‘enforcement officer’, however, there may beoccasions on which an ARA decides it isappropriate to appoint a person as one but not theother.

Authorised persons are people who can issueNoise Abatement Directions (see section 4.2). Theyare usually Police officers and people whom anARA has appointed as authorised officers undersection 187 of the POEO Act. Police also havepowers to regulate noisy motor vehicles and noisyrecreational boats, and to seize noise-makingequipment.

The Noise Control Regulation contains specificprovisions relating to common noise problems,including restrictions on the use of:

• air conditioners, pool pumps,power tools etc.

• building and car alarms

• individual motor vehicles, including carsound systems and defective mufflers

• recreational marine vessels, including soundsystems on vessels and the use of sirens.

The flow chart in Figure 3 identifies important stepsin investigating a noise complaint and theregulatory options available to resolve noiseproblems.

A detailed description of the types of notices,directions, orders and penalty notices that can beused in relation to noise issues is contained inPart 4, Regulating noise impacts.


Figure 3: Investigation of noise complaints


Table 1: Regulatory authorities responsible for noisy activities

Activity Local Waterways NSW Common-council Police Authority EPA LAB RTA wealth

Premises not licensed bythe EPA under POEO Act—non-scheduled industrial/commercial premises (e.g.small factories & shops)

Neighbourhood noise& noise from residentialpremises (e.g. animals,music, power tools)

Motor vehicles in off-roadlocations (e.g. trail bikes& vehicle sound systems)

Marine vessels &associated premisesincluding jet skis™ andother personal water craft

Recreational activities Limited to(e.g. target shooting, major publicopen air concerts & venues inmotor sport) Sydney (e.g.

Opera House)

Hotels & licensedpremises

Motor vehicles on roads(including mufflers)

Premises licensed byEPA under Schedule 1of POEO Act(scheduled premises)

Public authority activities(e.g. utilities, RTA roadconstruction)

Commonwealth activities(e.g. defence facilities)

Airports Private Councils Common-airports that operate wealth &

airports militaryairports


1.4 Roles and responsibilitiesin noise control

Essentially, local councils have powers to control:

• noise from commercial and industrial operationsthat are not required to hold a licence from theEPA (and that are not carried out by a State orlocal public authority)

• neighbourhood noise from residences, vehiclesused off-road, vehicle alarms, and sound systems.

Police also have powers to deal with neighbourhoodnoise and are typically the main agency for control ofnoise from late-night parties, or where safety may bea concern or where council officers are not available.

The Waterways Authority can regulate noise frommotor vessels and premises involved with vesselrepair under Part 8.6 of the POEO Act.

The EPA handles noise from premises that hold anEnvironment Protection Licence and activities carriedout by a State authority. Activities that require alicence are listed in Schedule 1 of the POEO Act andtypically include large-scale industrial operations andoutdoor concerts held on lands specified in section 67of the POEO (General) Regulation. These include theRoyal Botanic Gardens, the Domain, Centennial Park,Moore Park, Parramatta Stadium, Sydney Cricket andSports Ground, Homebush Bay, Sydney Harbourforeshores, the Opera House and Darling Harbour.

Under separate legislation, the Liquor AdministrationBoard (LAB) licenses premises such as hotels andclubs that sell alcohol. LAB licences typically includeconditions to manage noise. Further information onthe LAB is set out in section 1.4.1 of this Guide.

The EPA, Police and NSW Roads and TrafficAuthority (RTA) all have a role in controlling noisefrom motor vehicles. The EPA, Police and RTAperiodically conduct joint campaigns against noisymotor vehicles. The RTA tests heavy vehicles fornoise. Pollution Line accepts public complaintsabout noisy motor vehicles (phone 131 555).Councils can also deal with offensive noise frommotor vehicle sound systems.

Commonwealth agencies have the primaryresponsibility for managing noise from airports andaircraft. The main Commonwealth agency isAirservices Australia, which runs a noise inquiry andcomplaint line (ph 1300 302 240). Councils thatoperate airports also have a role in managingaircraft noise.

The distribution of responsibility betweengovernment bodies for controlling common noisyactivities is outlined in Table 1 (see opposite page).

1.4.1 Liquor Administration Board

The Liquor Administration Board (LAB) isconstituted under the Liquor Act 1982 and consists offour Licensing Magistrates appointed under the Act.The legislation involving the LAB in dealing withnoise complaints is the Liquor Act 1982, theRegistered Clubs Act 1976 and associated Regulations.

The objective of section 104 of the Liquor Act 1982 andsection 17AA of the Registered Clubs Act 1976 is toprovide an informal mechanism for complaints to bemade (by residents, Police, local consent authoritiesand others) where the amenity of localneighbourhoods is unduly disturbed by the conductof licensed premises and registered clubs (or theirpatrons). The LAB is responsible for resolving suchcomplaints and may impose temporary or permanentconditions on the licence.

Complaints to the LAB can relate to noise emittedfrom licensed premises and registered clubs fromwithin the physical structure of the premises and tonoise created by patrons, especially when departing.Complaints may include other issues such asantisocial behaviour of patrons, including vandalism,method and timing of delivery vans, and disposal ofrefuse such as bottles, glassware and food packaging.In some instances the LAB will consider complaintswhere the operation of the licensed premises orregistered club is alleged to be the cause of anincreased requirement for Police resources owing toits operation or type of clientele it attracts.

Generally noise created by mechanical equipment isoutside the LAB’s responsibility, and the local councilshould be contacted.

Officers of the Department of Gaming and Racing,who provide administrative support to the LAB, alsoassist complainants by providing information onlegislative measures and requirements of the Board.Councils may seek assistance from the LAB inresolving a noise issue from a premises licensedunder the 1982 Act or Registered Clubs Act 1976.

A section 104/17AA complaint must be made (orverified by) a statutory declaration and wherenecessary be accompanied by authorisation formsfrom at least two people residing in the neighborhoodof the licensed premises/registered club. Forms areavailable from the Department of Gaming andRacing, licensing court registries (court houses) andthe Department’s website—www.dgr.nsw.gov.au.

Complainants are required to provide their contactdetails and must be advised that the complaintcannot proceed anonymously, that is, a copy of thecomplaint and accompanying documents will beforwarded to the licensed premises or registered club,and the complainant’s attendance will be required atthe conference, if convened.


However, the LAB requires the venue not to publishidentifying information about complainants to otherpersons who are not party to the complaint.

Matters are usually dealt with at a conciliationconference between the licensee or secretary and thecomplainant. The local Police and local council arealso invited to attend, along with any party who hasa financial interest in the premises.

The types of condition that can be imposed onlicensees by the LAB include but are not restricted to:

• noise conditions

• prohibition on amplified entertainment

• requirement for acoustical testing andamelioration work

• provision of licensed security

• restriction on time of entry to the premises.

Further information is available from theDepartment of Gaming and Racing website(http://www.dgr.nsw.gov.au/) or telephone(02) 9995 0300.

A copy of noise conditions currently imposed on alllicensed premises and registered clubs follows.

Current Liquor Administration Boardnoise condition

The LA10* noise level emitted from the licensedpremises shall not exceed the background noiselevel in any Octave Band Centre Frequency(31.5 Hz – 8k Hz inclusive) by more than 5 dBbetween 07:00 am and 12:00 midnight at theboundary of any affected residence.

The LA10* noise level emitted from the licensedpremises shall not exceed the background noiselevel in any Octave Band Centre Frequency(31.5 Hz – 8k Hz inclusive) between 12:00midnight and 07:00 am at the boundary of anyaffected residence.

Notwithstanding compliance with the above,the noise from the licensed premises shall notbe audible within any habitable room in anyresidential premises between the hours of12:00 midnight and 07:00 am.

* For the purposes of this condition, the LA10

can be takenas the average maximum deflection of the noiseemission from the licensed premises.

This is a minimum standard. In some instancesthe Board may specify a time earlier thanmidnight in respect of the above condition.

Interior noise levels which still exceed safehearing levels are in no way supported orcondoned by the Liquor Administration Board.

1.4.2 The role of the NSW Ombudsman

The NSW Ombudsman investigates and reports oncomplaints about the conduct of a NSW agency ortheir employees, including both government (Stateand local) and some non-government agencies.

If a person thinks they have been unfairly treated bya local council, a councillor or council staff, they cancomplain to the Ombudsman.

The Ombudsman helps to make sure councils actfairly and reasonably and can look at the conductof councillors and council employees and theadministrative conduct of the council itself.

Issues that can be investigated by the Ombudsmaninclude:• failure to comply with proper procedures

or the law

• failure to enforce development conditions

• failure to act on complaints about unauthorisedwork and illegal activities

• failure to enforce compliance with the law andconditions of consent

• failure to notify people before decisions thataffect them are made

• failure to comply with tendering procedures

• unreasonable, discriminatory or inconsistenttreatment

• failure to reply to correspondence

• failure to provide relevant information

• unauthorised disclosure of information.

The Ombudsman will not usually investigatedecisions such as the setting of rates, the merits ofparticular development applications or the adoptionof particular policies. It is best for a person to lobbythe council or councillors directly if they are unhappyabout these sorts of decisions.

The Ombudsman does not have the power to amendor revoke development consents. Generally thereneeds to be some issue of public interest or evidenceof abuse in the determination processes for theOmbudsman to investigate such matters.

The Ombudsman is independent and impartial andoffers services free of charge. Further information canbe obtained by using any of the following ways ofcontacting the Ombudsman’s office:

NSW OmbudsmanInquiries 9.00 am – 4.00 pm, Monday to Fridayor by appointment.Level 24, 580 George Street, Sydney, NSW 2000Phone: (02) 9286 1000; Fax: (02) 9283 2911Tollfree: 1800 451 524; TTY: (02) 9264 8050Email: [email protected]: www.ombo.nsw.gov.au


1.5 Guidance for managingnoise problems

The NSW Industrial Noise Policy and the NSWEnvironmental Criteria for Road Traffic Noise provideguidance about assessing and managing noisesources that councils regulate.

The NSW Industrial Noise Policy is mainly aimed atlarge industrial developments, but it also providessome guidance on the measurement and assessmentof noise from small commercial and industrialpremises that are regulated by councils. Examples ofsituations where the NSW Industrial Noise Policy maybe helpful include noise from a supermarketrefrigeration plant, noise from a panel beater’s orcabinet-maker’s workshop, or even a noisy (non-domestic) pool pump or air conditioner operatingduring the day.

Rare or one-off events such as motor sport events,open-air concerts, gas scare guns, frost fans andtarget shooting ranges, or situations where residentialpremises generate noise, generally do not fall underthe NSW Industrial Noise Policy . The Noise Guide forLocal Government can help with managing thesesorts of noise problems. The case studies in Part 5illustrate particular approaches that can be taken inthese special situations.

It may be appropriate for councils to develop theirown policy or guideline for common sources of localnoise in their area, so that local preferences andcommunity expectations can be taken into account.This is especially important where a noisy activityplays a key role in the local economy. Examples ofcouncil policies and guidelines for a specific noisyactivity:

• Sydney City Council has developed a policyon construction noise and a guideline for noisefrom spruikers in shopping centres.

• Griffith Council has developed a policy for theuse of frost fans in the area.

• Cessnock Council has covered noise in aDevelopment Control Plan for its vineyard district.

Developing a guideline or policy to manage specificnoisy activities can help provide certainty for peopleengaging in a noisy activity and for the localcommunity. It can establish realistic and reasonableexpectations for noise levels and how the activityshould be carried out. When developing a significantguideline or policy for a specific activity, councilsshould consult the local community and any relevantindustry associations.

Factors that council may need to consider indeveloping a guideline or policy for a specific noisyactivity include:

• how the noise should be measured to captureannoying characteristics, for example measuringthe maximum noise level (LAmax) or the equivalentcontinuous noise level (LAeqT) (see section 2.4.3)

• the number of events (per week or per year)(Case study 8)

• operating times (day, evening or night)

• complaint management procedures for theoperator

• a noise monitoring plan for the operator

• best management practices for the activity

• whether the noisy activity might be reasonablyexpected to occur in that land zoning

• community and other stakeholder views

• socioeconomic benefits.

1.6 Useful references and links• The Australian Institute of Refrigeration, Air

Conditioning and Heating—Air ConditionerResidential Best Practice Guidance 2003 brochurewhich provides general information on airconditioner noise and siting considerations (atwww.airah.org.au).

• Australian Acoustical Society—professionalsociety of noise-related professionals(ww.acoustics.asn.au /index.php).

• Association of Australian AcousticalConsultants—professional society of noise-related professionals (www.aaac.org.au).

• Roads and Traffic Authority NSW—Environmental Noise Management Manual, amanual detailing the RTA’s framework formanaging noise and vibration impacts from roadtraffic, individual vehicles, and road constructionand maintenance activities www.rta.nsw.gov.au/environment/noise/index.html).

• New South Wales Government Legislation homepage for access to all NSW legislation, includingthe Protection of the Environment Operations Act1997 and the Protection of the EnvironmentNoise Control Regulation 2000(www.legislation.nsw.gov.au).

• Department of Environment and ConservationNSW, Noise Policy Section web page(www.environment.nsw.gov.au/noise).

• DEC NSW Public Register provides electronicaccess to information about licences, licenceapplications, Environment Protection Noticesand Noise Control Notices, exemptions from theprovisions of the POEO Act or regulations,convictions in prosecutions, and the results ofcivil proceedings, as required by section 308 ofthe POEO Act (www.environment.nsw.gov.au/prpoeo/index.htm).


• Liquor Administration Board—regulatoryauthority for noise from pubs and clubs(www.dgr.nsw.gov.au).

• Department of Local Government administersCompanion Animals Act 1998(www.dlg.nsw.gov.au).

• AS 2021:2000 Acoustics Aircraft NoiseIntrusion—Building Siting and Construction;required construction standards for noiseinsulation.

• AS/NZS 2107:2000 Acoustics—recommendeddesign sound levels and reverberation times forbuilding interiors; required constructionstandards for noise insulation. Available fromStandards Australia.

• Community Justice Centres—free mediationservice provided by the NSW Government(www.cjc.nsw.gov.au).

• The Building Code of Australia, published bythe Australian Building Codes Board(www.abcb.gov.au).


Part 2 Noise assessment

It is important to know what noisesource is being measured.

A noise assessment is an examination of the natureand characteristics of a noise. It may involveverifying aural factors such as:• the location of the noise source• its audibility at certain locations• the time the noise is made• its duration• the reported effect it has on people.

A noise assessment may extend to the measurementof the noise level and its physical characteristics.

Noise assessments are important in situations wherethe Noise Control Regulation will be applied. TheRegulation relies on an assessment of noise, basedon its audibility, time of day, duration oroffensiveness, depending on the situation.

The POEO Act does not require measurement ofnoise to determine whether it is offensive, or whethera Noise Abatement Direction can be served, butmeasurement can help to inform a decision aboutwhat action is necessary. However, noisemeasurements are generally required before aNoise Control Notice is issued.

From the outset, it is important to establish what thepurpose or possible outcome of a noise assessment

will be. This will also make iteasier to ensure that all necessaryinformation is collected duringthe assessment.

This part of the Guide discussesthe means by which an councilofficer or authorised personwould judge whether, as definedby legislation, a noise is audible,excessively long in duration oroffensive. It also outlines thetechniques for measuring noisewhere this is desirable ornecessary to support decisionmaking.

2.1 Times of use andaudibility of noise

The Noise Control Regulationrestricts the times of operation for

equipment such as motor vehicles on residentialpremises, refrigerated vans, power tools, swimmingpool pumps, air conditioners, musical equipmentand marine vessels (see Noise Control Regulationclauses 15, 16, 32, 50, 51 and 52—also summarisedin clause 4.3.1—Miscellaneous Articles and4.3.3—Motor Vehicle Noise).

Noise from these items should not be audible insidea habitable room of any other residence after certaintimes. A habitable room means any room other thana garage, storage area, bathroom, laundry, toiletor pantry in a dwelling, whether or not the windowsor doors are open or closed.

Audibility is simply whether the noise from theequipment can be heard. Persons or authorisedofficers giving the warning under the Regulationneed to satisfy themselves that the noise is audible inthe habitable room and is coming from the allegedsource at the time of the offence during the prescribedtimes of use. This may involve listening to the noiseinside the affected residence or external to theresidence and/or seeking signed statements fromthe affected person regarding audibility of the noiseinside the residence. (See also ‘What Constitutes anOffence’ in clause 4.3.1 ‘Miscellaneous articles’.)

The purpose of these clauses in the Regulation isto minimise noise when many people are sleepingor resting.


2.2 Duration of noise from alarms

The Noise Control Regulation specifies time limitsthat car and building intruder alarms may sound for(see Clause 4.3.2 Alarms and Regulation Clauses23–25 and 53 for details). This is the duration testand simply means an offence occurs where thealarm has sounded for longer than the timepermitted in the Regulation.

The Regulation also states that alarms that soundintermittently can be taken to sound continuously.For example, a car alarm that sounds for 30 seconds,cuts off for one minute and sounds again for30 seconds is taken to have sounded for more thanthe 45 seconds permitted for car alarmsmanufactured after September 1997.

2.3 Offensive noise

The concept of offensive noise is applied in boththe POEO Act and the Noise Control Regulation.Offensive noise is defined in the POEO Act as beingnoise:

(a) that, by reason of its level, nature, character orquality, or the time at which it is made, or anyother circumstances:

(i) is harmful to (or is likely to be harmful to) aperson who is outside the premises from whichit is emitted, or

(ii) interferes unreasonably with (or is likely tointerfere unreasonably with) the comfort orrepose of a person who is outside the premisesfrom which it is emitted, or

(b) that is of a level, nature, character or qualityprescribed by the regulations or that is made at atime, or in other circumstances, prescribed by theregulations.

The definition of offensive noise is relevant whenissuing a Noise Abatement Direction (section 276,POEO Act) and also for relevant clauses of theRegulation (i.e. clause 14—Vehicles used off-road;clauses 17 and 17A—Motor vehicle sound systems;clause 30—Use of engine-powered marine vessels).

Determining whether noise is offensive noise relieson the unbiased judgement of the officer andconsideration of the POEO Act definition. It isimportant for the officer (or other person assessingthe noise) to account for any personal preferences orbias and to put them aside when making anassessment of noise. An example of this may bepersonal tastes in music.

Offensive noise can occur at any time of day, anda determination of offensiveness can be maderegardless of any specified times of use for certainarticles specified in the Noise Control Regulation.

Offensive noise considerations

When deciding whether noise is offensive anofficer needs to consider the definition ofoffensive noise in the POEO Act. The followingquestions are expected to be relevant in helpingto make a judgement about whether any noise isoffensive noise. Not all of the questions posedneed to be answered in the affirmative to indicateoffensive noise, but when you are using them asa guide a description of the situation will emergethat should help you in making a decision inregard to the definition.

• Is the noise loud either in an absolute senseor relative to other noise in the area?

• Is the noise well above the backgroundnoise level?

• Does the noise include any tones, impulsesor fluctuations in volume?

• Does the noise occur at times whenunreasonable interference with comfort orrepose occurs or is likely? For example,during evenings or at night?

• How often does the noise occur (hourly, daily, monthly)?

• Is the volume, duration or character of thenoise typical of the type of activity in question?

• Is the noise affecting or likely to adverselyaffect people’s activities? For example,conversation, reading, studying, watchingTV or sleeping?*

• Is the noise typical of activities conductedin the area?

• Only one person need be affected as describedin the definition for a noise to be deemedoffensive. However, consideration of how otherneighbours exposed to the same level of noiseare affected may assist in deciding what courseof action is appropriate. Some councils have apolicy of requiring a minimum number ofcomplaints from separate individuals beforetaking formal action.

* Statements should be requested from complainantsabout the effects the noise is having on them. Wherestatements help in an officer’s determination ofoffensive noise then the person giving the statementshould be told about the potential need to give evidencein court.

The above list of considerations provides someguidance on the factors that may be relevant indeciding whether noise is offensive. The list is notexhaustive, nor is it implied that all of the factorslisted must be met before a noise is offensive. In mostcases the process of considering the listed factors willbe sufficient to decide whether or not a noise isoffensive and why.


In assessing whether noise is offensive, considerthe applicable factors in the ‘Offensive noiseconsiderations’ box and any other relevant factors.

The process involved in determining offensivenoise should be noted in case the decision has to besupported later. The concept of having a subjectiveapproach is to make it easier for appropriateregulatory authorities to control noise by avoidingthe need for a complex and often time-consumingmeasurement using sound level meters.The range of technical considerations for measuringnoise is discussed in section 2.4. However, councilsmay still consider taking noise measurements tosupport a prosecution or where a Penalty Notice islikely to be challenged. The offensive noise test isoutlined in the videos ‘Managing NeighbourhoodNoise’ (1999) and ‘Managing Rural Noise’ (2000),obtainable from Pollution Line on 131 555.

2.4 Noise measurement

Noise Control Notices specify a noise limit not to beexceeded at a specified location. Noisemeasurements are therefore usually necessary toestablish an acceptable noise limit that can bespecified in the notice (an exception is where aNoise Control Notice is used to specify an absolutenoise level for a future event, such as a concert).Subsequent noise measurements are required inorder to check that the noise limit is being met whilethe activity is being undertaken.

Any noise measurements taken in relation to aNoise Control Notice or for compliance purposesmay be used as evidence to prove a breach of anotice or development consent.

It is important to remember that noise measure-ments introduced as evidence in court can bechallenged on various technical grounds including:

• validity of calibration or conformance certificatesfor the measuring equipment (AS2659.1–1988requires certificates to be valid for 2 years fromthe date of the certificate)

• rough handling of equipment, which mayaffect accuracy of readings

• field calibration and measurement location• the way the measurement was taken (e.g. effects

of weather, equipment parameter settings etc.)

• what is actually being measured (was it thesubject noise?), and whether the level measuredwas affected by extraneous noise (e.g. noise fromsources such as road traffic or neighbourhoodactivities that are not the noise source beinginvestigated).

It is important that people responsible for takingnoise measurements have been appropriately trainedand update this knowledge over time.

Noise measurements can identify whether noiseis intrusive. This is important in determiningappropriate levels for a Noise Control Notice.Both the noise source and the background noiselevels need to be measured.

Appendix 2 outlines techniques for carrying outsimple noise level calculations, such as noise leveladdition and distance attenuation.

2.4.1 Intrusive noise

A noise source is generally considered to be intrusiveif noise from the source, when measured over a15-minute period, exceeds the background noise bymore than 5 dB(A). The intrusiveness criterion canbe summarised in more detail as follows:

Noise measurements can help confirm when noiseis a problem, and are appropriate for assessingongoing noise. They also allow a comparison withthe existing background noise levels. They may alsobe helpful in checking compliance with a notice or acondition of development consent.

A professional sound level meter.


Intrusiveness criterion

LAeq, 15 minute is less than or equal to the ratingbackground level plus 5 dB(A)

where:

LAeq, 15 minute represents the equivalentcontinuous (energy average) A-weighted soundpressure level of the source over 15 minutes.

LAeq, 15 minute is assessed at the most-affectedpoint on or within the residential propertyboundary, or, if that is more than 30 metresfrom the residence, at the most-affected pointwithin 30 metres of the residence

Rating background level is the short-termbackground level to be used for assessmentpurposes.

In most situations, short-term, operator-attendednoise measurements will be most appropriate forcouncil officers investigating noise complaints. Usingthis method (detailed below) will allow the officer to:• establish the difference between the background

noise level and the noise source being investigated

• check compliance with noise requirements fora premises.

Longer-term measurement procedures (e.g. thoseused for planning and development purposes) areprovided in the NSW Industrial Noise Policy .

2.4.2 The difference betweenoffensive noise and intrusive noise

Offensive noise is described subjectively by means ofa definition in the POEO Act.

Offensive noise also has other statutory definitionsfor specific situations dealt with in the Noise ControlRegulations, such as alarms which should not ring formore than a prescribed time and a range of domesticactivities which should not be heard between certainhours at night. For instance, where no statutorydefinition of offensive noise has been made, policydocuments can inform how an authority wouldapproach managing offensive noise.

The EPA has produced policies for road traffic noiseand industrial noise in this regard. Intrusive noiseis one of the factors considered in the NSW IndustrialNoise Policy to quantify noise impacts (other factorsare cumulative noise and characteristics of noise).

Thus, the relationship between the statutorydefinition of offensive noise and intrusive noise isthat intrusive noise can represent offensive noise,but whether this is always true can depend on the

source of the noise, noise characteristics andcumulative noise levels.

2.4.3 Procedure for measuringshort-term noise

1. Decide when the noise is representative of themaximum level of noise from the source or activitybeing investigated and take measurements at thistime. It is also important to measure backgroundnoise when it is representative of minimum levelsthat occur during the time the activity wouldtypically be conducted.

2. Avoid taking measurements when it is rainingor when the average wind speed at microphoneheight exceeds 5 m/s. (Typically at a wind speedof 5 m/s, leaves and small twigs would be inconstant motion and the wind would extend asmall flag.)

3. Calibrate the noise sound level meter before andafter each set of noise measurements. The soundpressure level shown on the meter should matchthe stated sound pressure level for the calibratorbeing used. The equipment should not have variedby more than 1 dB. If it has then the measurementsmay be invalid.

4. Set the meter to ‘Fast’ time weighting and‘A’ frequency weighting.

5. Hold the sound-level meter at arm’s length orset it up on a tripod so the microphone is 1.2 to1.5 metres above the ground and, where feasible,3 to 5 metres from walls, buildings and otherreflecting surfaces. The location of vegetation alsoneeds to be considered, because noise levels canbe increased locally by even a light breeze rustlingleaves. Take care not to make noise such as talkingthat will affect the readings.

6. Background noise measurement should onlybe done at times or locations unaffected by noisefrom the source or activity under investigation.Measure the background noise level continuouslyfor 15 minutes, excluding all distinct extraneousnoises. If extraneous noise is present, pause themeter when this occurs or choose anothermeasuring time or restart the measurement atanother location. Extraneous noise is noiseresulting from activities that are not typical ofthe area. Atypical events may include constructionand traffic generated by holiday periods or specialevents such as concerts or sporting events. Normaldaily traffic is not considered to be extraneousnoise.

The background noise level for assessmentpurposes is the LA90, 15 minute level measured bya sound-level meter.


NOTE: If more than one valid noise measurementof the background noise for a location is obtained,use the lowest level as the background noise level.If the measured background level is less than30 dB(A), then the background noise level is takenas 30 dB(A).

7. Measure the noise from the noise source underinvestigation continuously for 15 minutes,excluding all distinct extraneous noises as above.The noise level of the source under investigation ismeasured as an LAeq, 15 minute level and ideally shouldbe measured at the point where the impact occurs.If there is uncertainty about whether the noisebeing measured includes extraneous noise, movethe sound-level meter closer to the noise source toa point where the source clearly dominates andnote this new position. Measured values may thenneed to be extrapolated back to the position of theaffected resident.

Use of correction factors: The particularcharacteristics of a noise, such as an audibleimpulsive or tonal component, may result ina higher level of disturbance and annoyancethan would be suggested by the measured soundpressure level alone. In this situation, a correctionfactor should be applied to the measured noiselevel. For more information on the use of correctionfactors see Appendix 1 (which reproduces Section4 of the NSW Industrial Noise Policy).

8. Check the field calibration at the end of themonitoring period in accordance with AustralianStandard IEC 61672.1-2004 and AustralianStandard 2659. Re-monitoring may be requiredwhere there is a calibration drift greater than thatallowed by the standards.

2.4.4 Difference betweennoise descriptors

LAeq should not be confused with LA50, which is astatistical measure of the level exceeded for 50%of the time of the measurement. LAeq is a measureof sound energy, not a statistical measure.

Figure 4 (see next page) provides an example of howrelationships between different noise descriptors canchange with different noise sources.

Figure 4 shows changing levels of traffic noise overtime for both light traffic and heavy traffic situationsand demonstrates therelative levels of three noisedescriptors, LA10, LAeq and LA90 for light and heavytraffic. The light traffic, occurring at night includessome individial noisy vehicles. The noisy vehiclesincreases the LAeq level because of the extra soundenergy being measured. However the LA10 level isnot as responsive as the number of noisy vehicles

may occupy less than 10% of the measurementperiod, resulting in the LAeq level exceeding the LA10

level. Figure 4 also shows typical noisecharacteristics from a stream of daytime heavytraffic. Typically the LA10 is about 3 dB above the LAeq.

NOTE: The inclusion of ‘T’ in the descriptor is onlynecessary where the time over which measurementsare made is a feature in the context in which thedescriptor appears.

2.4.5 Choosing the appropriatenoise descriptor

In most situations, the LAeqT is the most appropriatenoise descriptor to use when measuring noiseimpacts. The LAeqT is the equivalent continuous(average energy) level of the noise underinvestigation and is used in assessing noise impactsagainst existing limits, and to identify an acceptablenoise limit that should be met. In certain circum-stances, noise descriptors other than the LAeqT may bemore appropriate for measurement and assessmentor compliance purposes, depending on thecharacteristics of the noise source. For example,where the noise emissions from a source of interestare constant (e.g. fan noise, air conditioner or poolpump) and the ambient noise level has a degree ofvariability (e.g. due to traffic noise), the LA90

descriptor may adequately describe the noise sourceand may be much easier to measure or assess (seecase study 10). The aim is to ensure that thedescriptor chosen adequately represents the sourcenoise rather than the other extraneous noise in theenvironment.

Where sleep disturbance is being assessed, theLA1(60 seconds) or LAmax noise level is most appropriate,and the measurement position might be outside thebedroom window. Sleep may be disturbed if thesource noise level exceeds the background noise bymore than 15 dB(A). More research is needed tobetter define the relationship between noise leveland sleep disturbance. The Environmental Criteria forRoad Traffic Noise (ECRTN) have additional materialabout assessing sleep disturbance.

Target shooting ranges and gun clubs produce highlevels of very-short-duration noise from firearmdischarges. One approach to capture this type ofnoise is to set a sound level meter to linear peak holdso that the short-duration events can be captured andmeasured by the meter.

Where the noise descriptor chosen for noise measure-ment is not the LAeqT, the reasons for the variationshould be set out in any noise assessment report.

Modern integrating sound-level meters can measurevalues for a number of descriptors, including LA1,LAeqT and LA90.


In measuring the level of the noise source the LAeq

descriptor is now used. Before the introduction of theNSW Industrial Noise Policy in 2000, the LA10 descriptorwas used. (LA10 measures the level exceeded for 10%of the time.) Reasons why the LA10 descriptor has beensuperseded include the following:

• LAeq is supported as a better measure of the affectof noise (e.g. the World Health Organization usesLAeq).

• There is a general worldwide move towards theuse of LAeq as the preferred descriptor of sourcenoise for most situations.

• LAeq is a measure of energy and can bemathematically manipulated, while LA10 is astatistical descriptor which cannot be accuratelyadded to or subtracted from other LA10 measures.

2.5 Common sources of noise

Figure 5 (next page) illustrates some common noisesources and compares their typical noise levels.It is not only the volume or loudness of noise thatgoverns people’s reactions. In any given situation

Figure 4: Relationships between noise descriptors

there can be a range of contributing factors,including impulsiveness, frequency and tone. Howpeople view or feel about the source of noise andwhether the activity creating the noise is seen asreasonable in the context in which it is made arealso important factors. Other aspects, includingwhether respite from the noise is available or howinvasive the noise is, will also affect an individual’sreaction.

Examples of noise sources that can fall into thesecategories include:

• reversing beepers, particularly when operatedat night

• amplified music, particularly where the noise hasa large bass or low frequency content, which canbe very invasive because low frequency noise isnot attenuated well by building facades

• continuously sounding alarms, particularlywhere there is no respite.

Light traffic Heavy traffic


Figure 5: An illustrated comparison of common noise sources

Source: Road Traffic NoiseTaskforce Final Report


Part 3 Noise management principles

Avoiding the co-location of noise-sensitive and noise-producingpremises can often prevent noiseproblems. Where this is notpossible, noise controls need tobe incorporated into new noise-producing developments, andmitigation measures may beprudent for new noise-sensitivedevelopments (includingresidential areas, schools,hospitals, nursing homes andplaces of worship).

A multidisciplinary approach

The following people have a keyrole to play in preventing andmanaging noise impacts:

One example of taking a strategic approach to noisecontrol is for land use planning to avoid residential/commercial interfaces.

3.1 Preventing noise impacts

When managing noise impacts, prevention is alwaysbetter than cure. Resolving noise problems after theyoccur may not always be possible and is oftendifficult and costly. It is best to anticipate, avoid ormanage potential noise impacts as early as possiblein the planning process. Noise impact assessmentand management should be incorporated intoprocesses for making land use planning decisionsand should be considered at the earliest stage of theland use planning process.

The scope of issues considered should not belimited to localised impacts or even to localgovernment boundaries. For example, a largeconstruction site permitted to start work at 7.00 ammay result in increased truck noise in surroundingstreets much earlier.

3.1.1 Preventing noise impactsby land use planning

Land use planning and environmental legislationhave complementary roles. Effective land useplanning may help prevent potential noise impactsbefore they occur.

• Strategic planners should consider the potentialnoise impacts of different land uses in developinga strategy for an area. Planning instruments orpolicies should be developed to provide aconsistent approach to managing potential noiseimpacts. This is particularly important where animportant local industry has noisy aspects andthere is a need to balance noise impacts and therole of a local industry in an area.

• Development control (statutory) plannersshould consider potential noise impacts duringthe development application phase for new orchanging land uses. This applies to both noise-producing and noise-sensitive activities.

• Industry and developers should consider noiseimpacts in their development proposals andoperating procedures so that noise impacts areminimised.

• Managers and elected representatives of councilhave an important role as decision-makers in manydevelopment and land use planning instruments.

• Environmental health and compliance officersshould provide support and advice to planners andcouncillors in relation to existing and future noiseimpacts and offer advice on individualdevelopment applications where noise impactsmay occur.

• Transport corridor regulators and managers,such as the RTA, local government and managersof railway activities.


Changing land use patterns in an area cansometimes lead to new noise impacts or canexacerbate existing noise impacts. This can occurin both rural and urban areas owing to:

• new residential development located closeto existing noisy activities

• new or intensified noisy activities close toexisting residential areas

• changing expectations of residents about theamenity of a local area.

Common sources of noisy activities includecommercial or industrial premises, main roads,rail lines and some entertainment facilities.

3.1.2 Land use planning instruments

Land use planning instruments include LocalEnvironment Plans (LEPs) and Development ControlPlans (DCPs) which can identify:• areas where existing noise levels are already high,

such as near an existing noisy industry, a busyroad or a rail line

• acceptable noise criteria (internal/external)for noise-sensitive developments (e.g. settingacceptable noise levels for inside residentialdwellings)

• acceptable performance criteria for noise-sensitive developments, such as specifyingsetbacks, boundary walls, solid balconies andwindow glazing

• activities that are likely to be noisy

• acceptable performance criteria for noisy activitiessuch as the location of the proposed activity

• circumstances where an acoustic report maybe required.

Several councils have addressed noise in land useplanning instruments:

• Sydney City and North Sydney councils bothhave Development Control Plans addressingnoise intrusion for residential apartments incommercial areas.

• Cessnock Council has a Development Control Planwhich addresses potential noise impacts fromdifferent activities in the vineyard district.

• The Southern Sydney Regional Organisation ofCouncils developed a model Development ControlPlan for road and rail noise impacts. The Planprovides acceptable noise criteria for noise-sensitive developments and provides a processfor compliance.

Other councils have prepared policies or guidelinesthat let developers know the information that needsto accompany development applications. Theseapproaches have an important role to play in

seeking to balance local activities and potentialnoise impacts. Councils can also implement noisecontrol measures as part of development consentsgiven for subdivisions and for individualdevelopments, and may include specific conditionsof consent to address noise issues. For example:

• Mulwaree Shire and Liverpool councilsseparately developed guidelines for poultryindustries, including the management of noise.

• Griffith City and Leeton Shire councils each havea policy on frost fans.

3.1.3 Addressing noise impactsin the planning process

There are generally three stages of developmentand planning where potential noise impacts canbe considered and managed.

1. The initial planning stage—A greenfield(undeveloped) site offers the greatest managementflexibility in zoning industrial and noise-sensitiveland uses. This is the point where compatibilityof different land uses should be considered.During the initial planning stage it may bepossible to identify the potential for land useconflict due to noise, and to develop managementstrategies to address these. Clear goals for newnoisy activities (industry) can be developed thatprovide an equitable share of noise whileprotecting the amenity of nearby (planned orexisting) residential areas.

An example of where this approach has been usedsuccessfully is the Ingleburn industrial estate atCampbelltown. Noise goals were developed forthe whole of a new industrial subdivision. Anequitable share of the total noise goal was thenallocated among the industrial lots within thesubdivision. Some activities created more noisethan others did, but overall the total noise goalwas maintained, helping to protect the noiseamenity of a nearby residential area.

This approach was also used in the GreystanesPrecinct Plan, a significant redevelopment area inwestern Sydney, which incorporates a newindustrial area and a new residential area. Otherexamples of where this approach has been appliedinclude the Glendenning industrial estate atBlacktown, Braemer industrial estate at Mittagongand the Steel River development at Newcastle.

2. The subdivision stage—When a commitmenthas already been made to locate residential andindustrial land use areas close to one another butsubdivision development has not started, there isan opportunity to design the internal subdivisionlayout to minimise noise impacts. This mayapply to new residential or new industrial


developments. Noise mitigation strategies thatcan be used at this stage of development include:

• using the natural topography to prevent line ofsight between the noise source and residentialareas and thus block direct propagation of noise

• locating activities that are not noise sensitive,such as commercial areas and parkland,between residences and the noise source

• orienting dwellings so that living areas faceaway from noise sources

• defining areas affected by noise where buildingdesign needs to incorporate noise mitigation.(An example is the Shellcove residentialdevelopment in Shellharbour Council area,which is alongside an existing quarryaccess road.)

3. The building design stage—Noise controlmeasures can also be applied to individualbuildings to ensure that internal noise levels areacceptable. It is far more cost effective to installappropriate noise insulation at the building stage,rather than later adding it to a finished building.Internal noise can also be minimised by:• locating living areas away from the area most

exposed to a noise source

• using thick or double-glazed windows, solidwalls and doors, and window and door seals

• carefully selecting the location for installationof noise sources (such as air conditioners andgas water heaters).

Similar approaches can be used to prevent noiseescaping from properties that generate noise.Consideration of the impact of a new building’s noisesources (e.g. air conditioning unit) is important inminimising impacts on existing or future neighbours.

Site layouts for premises with noisy activities shouldconsider using building structures to shield noisyoperations and should locate areas of access to thesite or buildings away from noise-sensitive areas.

3.1.4 Acoustic reports as anoise management tool

Acoustic reports have an important role to play inboth preventing and remedying noise problems.It is often advisable for people who are planningactivities that have the potential to cause noiseimpacts to seek professional advice on how toprevent, minimise or control noise impacts.

Requesting an acoustic report as part of thedevelopment application process can help councilin its decision making and ensure that appropriatecontrol measures are integrated into thedevelopment.

Situations where an acoustic report may beneeded include:• where required by a planning instrument or

council policy• where a new development is proposed that will

create significant noise (e.g. new industry, orcommercial premises with refrigeration, airconditioning or exhaust equipment)

• where a new noise-sensitive development isproposed in an area where existing noise sourcesare present (e.g. an existing industrial site, mainroad or rail line is located nearby)

• where a new development will generatea significant amount of traffic.

It is recommended that a suitably qualified acousticconsultant (e.g. a member of the AustralianAcoustical Society, the Institution of Engineers,the Association of Australian Acoustical Consultantsor a person with other appropriate professionalqualifications) undertake acoustic assessment reports.

Information provided in an acoustic reportshould include:

• project description

• relevant guideline or policy that has beenapplied

• background noise measurements

• details of instruments and methodologyused for noise measurements (includingreasons for settings and descriptors used,calibration details)

• a site map showing noise sources,measurement locations and noise receivers

• noise criteria applied to the project

• noise predictions for the proposed activity

• a comparison of noise predictions againstnoise criteria

• a discussion of proposed mitigation measures,the noise reduction likely and the feasibility andreasonableness of these measures

• how compliance can be practically determined.

The NSW Industrial Noise Policy and the NSWEnvironmental Criteria for Road Traffic Noise providedetailed guidance on what areas may need to becovered in an acoustic report. Ultimately the decisionto request an acoustic report from a developer restswith council.

3.1.5 Notifying of potential noise impacts

Section 149(2) certificates are used to notify a landowner of restrictions on the activities that can becarried out on the land. A certificate could, for


example, reference the fact that a particularplanning policy applies to the land, such as aDevelopment Control Plan (DCP), RegionalEnvironmental Plan (REP), Local Environment Plan(LEP) or State Environment Protection Plan (SEPP).

Where land is likely to be affected by nearby noisyactivity, potential purchasers of affected propertycould be made aware of the situation recording therelevant information on a certificate issued undersection 149(5) of the (Environmental Planning andAssessment Act 1979). Additional advice undersection 149(5) certificates should not be seen as aregulatory tool, but information on a section 149Certificate could advise, for example, that adjoiningor nearby industry operates on a 24-hour basis andnoise may be audible at night. This approach hasbeen taken by some councils in relation to noise fromaircraft or from port activities. This approach allowsa purchaser of the land to make a decision on thesuitability of the land for the intended purpose,taking into account personal sensitivities. Note thatrecording information on section 149 certificates tonotify of potential environmental impacts needscareful consideration and should only becontemplated after all feasible and reasonable noisemitigation measures have been applied to the sourceof the noise, and there is a need to manage potentialland use conflicts.

Other information and education programs couldbe used to encourage consideration of neighbours’sensitivities to noise. Advice for hobby farm residentson what is reasonable to expect in a working ruralarea is one example. Those programs can be aimedat encouraging responsible behaviour andcooperative neighbourhood relationships. Councilcan play a role in providing information to newresidents through a welcoming kit, or via leafletsavailable at council offices.

3.2 Noise mitigation measures

Many of the noise mitigation measures discussedbelow can be applied at the planning stage for anew area or development and can also be appliedto existing noise problems.

There are three main areas where noise mitigationmeasures can be applied:

• at the source.

• in the transmission path.

• at the noise receiver.

Noise mitigation measures are generally mosteffective at the noise source and in the noisetransmission path. Noise mitigation at receiverlocations is generally least preferred because externalnoise levels may remain high.

The selection of the right approach to noisemitigation will depend on the nature of the noisyactivity, the location of noise receivers, the cost andviability of various solutions, the degree of noisemitigation required, any special characteristics of thenoise and the individual site factors. Often a mixtureof noise control measures will work best.

3.2.1 Controlling noise at source

There are generally two approaches to controllingnoise at source: use of noise-efficient technology andbest management practices. Both these approachesaim to reduce the amount of noise at the source sothat the surrounding environment is protected.

Noise-efficient technology

This involves selecting and using the most advancedand affordable technology, equipment, plant andmachinery, so that the noise emitted is minimised,including the use of noise control equipment.Examples of noise-efficient technology include thefollowing:• Choosing quiet equipment—Noise should be a

factor in selecting equipment. Equipment oftenhas manufacturer specifications identifying noiseoutput, and this can be used to compare items ofequipment. The Noise Control Regulation (clauses18 and 35–48) includes labelling requirements toprovide information to help in choosing quietequipment.

• Managing equipment operation—Equipmentcan be operated in such a way as to manage noiseoptimally. For example, the Regulation requiresthat common noisy items such as domestic airconditioners, jackhammers and grass cuttingmachines have a label at the time of sale showingtheir maximum noise level.

• Using proximity-sensitive ‘smart’ reversingalarms, or using systems that reduce alarm noiselevels in low-noise areas.

• Using vibratory piling instead of impact piling.

• Using high-pressure hydraulic rock crushersto split rock, instead of hydraulic or pneumatichammers.

• Choosing fan design features that will reducenoise—These may include blade length andspeed of rotation.

• Ensuring that equipment has an efficientmuffler system or suitable noise insulation(e.g. compressors or jackhammers with insulation,or trucks that have efficient muffler systems).

• Providing insulation to line metal trays, hoppersor bins on equipment such as macadamia nutde-huskers, grain containers or hoppers. Thishelps to stop impact noise and reverberations.


• Using vibration isolation, such as placing rubbermats or springs between noisy equipment and arigid floor or wall. This approach may be helpfulin boiler rooms, for commercial cake or breadmixers in bakeries, or in refrigeration motors andexhaust equipment and ducting.

• Building an enclosure around the noise sourceso that noise is contained. The enclosure may needto allow for sufficient ventilation and cooling.Any gaps need to be properly designed to limitthe amount of noise that can escape. It needs tobe made of dense material and may have noise-absorbing material like glass or polyester battsinside.

Best management practices

Best management practices involve adoptingparticular operational procedures that minimisenoise while retaining production efficiency.Some common noise reduction strategies include:• Considering alternatives to the noisy activity

(e.g. using nets to protect crops instead of gasscare guns).

• Changing the activity to reduce the noise impactor disturbance (e.g. reorganising the way theactivity is carried out).

• Choosing a suitable time—scheduling a noisyactivity to a less sensitive time of the day. Thereare sensitive times of the day for different people,for example schools during the day, times ofreligious services, and residences during eveningsand night. Where several noisy pieces ofequipment are used, their operation can bescheduled to minimise impacts.

• Relocating the noise source away from receiversor behind existing structures that can act as abarrier. The activity may work just as well in amore remote location. Examples for which thisapproach may be suitable include power tools,air conditioners, pool pumps and music practice.

• Conducting regular maintenance of equipment.This helps minimise noise levels as well as keepequipment working efficiently. Poorly maintainedequipment can be very noisy, such as whenbearings are worn or an engine needs to be tuned.Examples include motor vehicles, lawn mowers,power tools, and commercial equipment such asrefrigeration and exhaust systems.

• Changing the orientation of equipment awayfrom receivers (e.g. changing the direction of agas scare gun or a diesel generator exhaust outlet).

• Locating pets or farm animals away from noise-sensitive areas, and using management practicesthat minimise noise. Applications include poultrysheds or dog kennels.

• Following ‘quiet’ work practices, such asrequiring trucks to turn engines off rather thanidle for long periods.

• Keeping neighbours informed of a planned noisyactivity, its duration and the reasons for theactivity. Neighbours may be more accepting oftemporary intrusion if they know when and whythe noise is happening, and how long it will last.

• Educating staff and contractors about noise andquiet work practices. This could include signage,e.g. some construction sites have signs remindingcontractors to consider neighbours and be quiet,and to not start noisy work too early (e.g. before7.00 am).

3.2.2 Controlling noise inthe transmission path

Noise can be controlled in the transmission pathby using separation distances, barriers and soundabsorptive materials.• Increasing the separation distance (distance

attenuation) between the noise source and receiverreduces the noise level. As a rule of thumb, eachdoubling of the distance from a source equates toa reduction of sound pressure level of 6 dB (theinverse square law). This does not apply close to aloud noise source. It may also be affected by windand temperature inversions for source–receiverdistances over 300 m.

• Careful site selection for a new noisy activity canhelp minimise noise impacts where it is possibleto provide adequate separation distances. Takingadvantage of topographic features by siting thenoisy activity behind a hill can reduce the distanceneeded to adequately reduce noise levels.

• Barriers are most effective when they are locatedclose to the noise source and when they block theline of sight between the source and receiver.The amount of noise reduction achieved dependson the height and mass of the barrier and thefrequency of the noise (barriers are less effectivefor low-frequency noise). Noise barriers shouldhave no gaps. Use of absorptive material on theside of the barrier facing the noise source canalso help to reduce noise levels by reducingnoise reflections.

• Materials commonly used for noise barriersinclude solid brick walls, concrete blocks or panels,earth mounds, trenches and cuttings. Naturaltopography and existing buildings can alsoprovide an effective noise barrier and should beconsidered when developing a new noisy activity.Trees or other vegetation do not provide aneffective noise barrier. Some limited attenuationmay be gained where trees are densely planted,but little attenuation is achieved for low frequencies.


• Sound-absorptive materials reduce the levelof reflected sound. They are porous materials

or garden (Figure 7). Solid building facades closestto the noise source will also act as noise barrier.Other options include providing solid balconiesdesigned to reflect sound away from a building.

• Building construction methods are also animportant noise control strategy for receiverlocations. The major controls are insulatingbuilding elements such as doors, walls, windows,floors, roof and ceilings. Options for windowdesign include sealing air gaps around windowsand doors, laminated or thick glass, and double-glazing. All external building elements need tobe considered to ensure that noise insulation iseffective. This is because even small gaps cansignificantly reduce the effectiveness of noiseinsulation measures. Ventilation needs to beconsidered in conjunction with any noiseinsulation work; mechanical ventilation (suchas air conditioning) may be necessary.

The ‘Quiet House’

The ‘Quiet House’ (Figure 8, next page) was builtas a demonstration of how design can be used togreatly reduce the noise impact (in this case trafficnoise) inside a residential dwelling.

Features of the design (illustrated in the followingplan) that reduce the noise include:• a high front wall (noise barrier)

• the courtyard at the front of the house (includingvegetation)

• hallways that do not provide a direct trans-mission path for noise

• bedrooms that are located at the rear of the house(furthest from the road).

Poor Better

such as glass fibre, wool andmineral wool. Thin layers arecapable of absorbing only highfrequencies, whereas thickerlayers can absorb over a widerfrequency range.

3.2.3 Controlling noise atthe receiver location

This can be cost effective if usedat the planning and constructionstage, but is typically the leastdesirable of the three types ofnoise mitigation for treatingexisting problems. For existingsituations, applying noisemitigation to affected buildingsmay be more appropriate andcost effective where only a fewreceivers would be affected by noise and thealternative is to retrofit expensive controls at thenoise source.

Common approaches to controlling noise atreceiver locations, such as residential dwellings,schools or hospitals, can include a combinationof the following measures.

• Site and building layout can include the use ofsetbacks for a new house, or changing the shapeand orientation of the building to avoid soundbeing reflected into noise-sensitive rooms (Figure6). Orientation and placement of rooms within abuilding can also help to minimise noise impact(e.g. placing bedroom and sensitive living areasfurthest from a noise source and placing kitchen,bathroom or garage areas closest to the noisesource). This approach can also be used indesigning mixed-use developments, where acommercial activity can be located closer to a noisesource and residential activities can be locatedfurther away.

Figure 6: Site and building layout to avoid noise

• Barriers and fencing can be placed on theresidential boundary to protect a house andexternal areas. Barriers and fencing can also beused within a property to provide a protectedexternal recreation area such as a walled courtyard

Figure 7: Links Housing development atCamden incorporating noise barriers


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3.2.4 Air conditioner installation—estimating the noise impacton neighbouring properties

apply to the installation of large, outdoor, gas hotwater heaters.

Two methods are presented below for estimatingthe likely noise impact of an air conditionerinstallation on neighbouring properties (previouslypublished under the title ‘Air Conditioning Noise’by the former Australian Environment Council, seeAppendix 5).

Method 1 is designed to estimate the allowablelevel of noise from an air conditioner sited in aparticular location. The object here is to comparethe allowable level of noise to the sound powerlevel shown on labels attached to airconditioning units.

Method 2 is designed to show what level of noisewould be produced at a neighbouring residencefor an air conditioning unit sited at a particularlocation and emitting a level of noise shown onthe label attached to the unit.

All domestic air conditioners manufactured after1 March 1986 and not exceeding 12 kilowatts inpower (when measured in accordance withAustralian Standard 1861) are required to be soldbearing a noise label displaying the unit’s soundpower level, according to the Noise ControlRegulation clause 45).

Each method depends on knowing what noise levelneeds to be achieved at the neighbour’s boundary.Council may advise on noise levels it considers areappropriate. At night the Noise Control Regulationprescribes that air conditioning units installed onresidential premises should be inaudible in anyhabitable room of a neighbour’s residence. Ifcomplaints establish that problems exist thencouncil may need to consider what noise levelmight be prescribed that may achieve inaudibilityinternally and then use one of the methods detailedhere to provide an indication of what noise controlsfor the air conditioning unit may be needed. Thismay approximate to 30 dB(A) externally measurednear a window of the neighbour’s residence. Nighttime noise control if needed would be effectiveduring the day, as night time noise control measureswould be more stringent.

In advising levels to be achieved, council may needto consider the location where the desired noiselevels for the neighbour are intended to be achieved,especially to achieve inaudible internal levels atnight. The position also needs to be accessible forcompliance testing reasons. If the position is near awall or other reflective surface then actual levels maybe enhanced by up to 3 dB, and the prescribed levelsthat council determine need to take account of this.If reflection appears to be an issue thenmeasurements could be taken to test what level ofenhancement occurs for that assessment position.

Poorly sited air conditioners cancause noise impacts to neighbours.

Residential air conditioning units are a commonsource of neighbourhood noise complaints.Annual sales of over 600,000 residential units inconjunction with increased levels of high densityurban development represents significant potentialfor the an increased number of complaints. Thelevel of impact is influenced by the amount of noiseproduced by the unit, the siting of the unit, and theheight and composition of any boundary fence.

For proposed residential dwellings, it is importantthat such factors be considered at the developmentplanning stage to minimise any noise impact createdby the operation of the air conditioning systemwhen the dwelling is built.

In the case of existing dwellings, it is importantto consider the potential noise impact of installingan air conditioner. Councils may consider requiringdevelopment approval for installation of large airconditioning systems (e.g. above a specifiedpower rating) so that siting and potential noiseimpacts can be properly assessed before installation.Similar principles to those discussed above also


Appendix 5 reproduces the brochure issued by theAustralian Environment Council to aid residents inassessing potential noise problems from airconditioners. Additionally, the booklet titled,‘Air Conditioning Residential Best Practice Guideline’was developed through a joint project between TheAustralian Institute of Refrigeration, Airconditioning and Heating and Brisbane CityCouncil. The booklet can be downloaded fromwww.airah.org.au. Both documents include a broadrange of considerations which should be taken intoaccount when siting an air conditioning unit.Expert input may be needed to overcome specificsite issues.

3.3 Other noisemanagement options

3.3.1 Environmental audits

Audits required by council

Environmental audits of industrial premises thatare regulated by councils are becoming morecommon as a range of councils implementenvironmental audit programs. Environmentalaudits provide an opportunity to identify theenvironmental impacts of an activity or businessthat may need to be improved. Audits have animportant role to play in educating people andimproving the environmental performance ofcommercial and industrial premises. The EPAManual for Authorised Officers provides advice ondeveloping and implementing an environmentalaudit program. (EPA Manual for Authorised Officers,at http://www.environment.nsw.gov.au/mao/).

Voluntary audits

The POEO Act also provides for voluntary auditsundertaken by operators for the purpose of gaininginformation (for operators) on compliance with legalrequirements, codes of practice or environmentalpolicies, and to help identify ways an activity can beimproved in order to protect the environment and tominimise waste (POEO Act, s. 172).

Voluntary audits differ from audits required bycouncils in that documents prepared for the solepurpose of a voluntary audit are protected. Theycannot be used as part of enforcement action,including the issuing of notices, or for prosecution(POEO Act, ss. 180–183).

3.3.2 Environmental management plans

Environmental management plans can be usedto establish clear goals and to encourage bestmanagement practices during construction activitiesand ongoing operation. These types of plan can be

most useful when mitigating an environmentalimpact through the use of best managementpractices. In some situations it may be appropriatefor council to require a proponent to develop anenvironmental management plan as part of adevelopment consent, or to encourage thedevelopment of a plan as part of the environmentalaudit program for a particular premises.

3.3.3 Contract specifications

Conditions set in contractual agreements can alsohelp to avoid or minimise noise impacts and can beused where council is using contractors to provideservices. Council may also be in a position torecommend changes to contracts for commercialpremises.

For example, contract specifications for themanagement of noise impacts should be applied togarbage collection contracts. The contract shouldinclude clauses specifying suitable collection times,the location where compactors can be operated orbottles can be smashed, complaint handlingprocesses, etc. Contractors for road works could alsobe required to comply with a council noise policy.

3.3.4 Communication,negotiation and mediation

At a neighbourhood and workplace level, peopleshould be encouraged to discuss their noise problemsin the first instance with the person or businessmaking the noise. Communication with a neighbourmay be all that is required to reach a mutuallysatisfactory solution. Good relationships betweenneighbours should reduce the need for regulatoryintervention.

Where neighbours have not sought to resolve theproblem between themselves, the best first stepfor council officers may well be to facilitatecommunication. Ways of facilitating communicationto resolve noise problems range from informaldiscussion to more formal negotiation and mediationprocesses that seek to resolve a dispute. Informalapproaches are often preferable to taking statutoryactions and are likely to use fewer council or Policeresources.

This approach may be useful where, for example,the volume of music needs to be reduced or wherethe time or location that individuals play loudmusical instruments such as drums causes conflict.In this type of situation it may be possible tonegotiate days and times that are acceptable to boththe complainant and the person making the noise.

Negotiation can occur between neighbours, orbetween council and the person making the noise.By discussing the noise problem with the person


responsible for the noise and by explaining that thenoisy activity is disturbing neighbours, the personmaking the noise may be willing to negotiate asolution to the problem. Solutions often rely on eitherreducing the noise or changing the way or times theactivity takes place.

Mediation is a form of negotiation, in which a thirdparty (e.g. Community Justice Centres (CJCs) orcouncil) helps the people in dispute to find theirown solutions and resolve problems amicably in aninformal and confidential forum without strict legalrules, under the guidance of a mediator. Themediator’s role is to help the parties discuss theproblem and achieve a solution in an atmosphereof cooperation and good faith.• Informal mediation could take place between the

person making the noise and the person or peopleaffected, with, for example, the council officeracting as mediator. The aim is to reach a mutuallyacceptable agreement that avoids the need formore formal mediation or for regulatoryintervention. A council officer may decide whetheror not to offer assistance by acting as the mediatorin this situation.

• Formal mediation may be appropriate whereunderlying issues contributing to the conflictalso need to be resolved. CJCs or a professionalmediator may be able to help in these situationsby providing a formal mediation service. Somecouncils, such as Liverpool Council, have amediation service for resolving environmentaldisputes, including those that arise as part of thedevelopment approval process. CJC contactinformation can be found at www.cjc.nsw.gov.au.

The NSW Law Society has developed informationfor local government on best practice management ofenvironmental disputes. This information is availablefrom the Local Government & Shires Association atwww.lgsa.org.au.

Key strategies for successful mediation

• Remain impartial and focused on solvingthe problem.

• Look for areas where both sides agree.

• Listen actively and acknowledge whatis being said.

• Recognise and understand emotions.Don’t let emotional outbursts affect themediation process.

• Be open to others’ perceptions of the problem.

• Try to build rapport with all sides.

• Focus on possibilities, be flexible, and thinklaterally. With objections ask: ‘Why not’?

3.3.5 Complaint management

Council officers, Police and other officers canprovide an impartial and fair assessment of whatlevel of noise is reasonable, taking intoconsideration the nature of the activity, thesurrounding area and number of people likely to beaffected.

Important steps that can contribute to resolvinga noise problem include the following:

1. Establish internal procedures to receive andmanage neighbourhood noise complaints in aconsistent and transparent manner.

2. Act on the complaint as quickly as possible toprevent the situation getting out of control. Thecomplainant’s level of tolerance may have alreadybeen lowered if a problem has been ongoing. Thiscan make any subsequent improvement in noiseunsatisfactory from the complainant’s perspective

3. Determine whether the complaint is justified.A site visit to witness the noise first hand isrecommended to determine whether thecomplaint has been made on a reasonable basis.Factors that may need to be considered includethe possibility that the complainant has:

• become sensitised to the noise so that it causesmore annoyance than would normally be thecase. This can particularly be the case when thecomplainant feels that their complaints are notbeing treated seriously. It is important torecognise that this can occur and to be open toa complainant’s views

• a physical condition (e.g. tinnitus) whichcontributes to their perception of noise. Thesepeople may or may not be aware that the noisethey hear is exacerbated by that condition.

4. Explain to the complainant what council or thePolice can do to address the noise problem, andcheck that the complainant has reasonableexpectations about the likely result. For example,it is not usually reasonable to close a commercialactivity that is otherwise operating legitimatelybecause of noise issues. It may also not bepossible or reasonable to expect absolute silence.

5. Keep the complainant informed of progress andthe action being taken to resolve the problem.The officer also needs to give the complainantrealistic expectations about the time it will taketo resolve the problem. This may be within theday for a noisy party, or several months whereextensive noise reduction work is required.

6. Determine whether there is a history of noisecomplaints for the premises. The complainantmay be able to provide information about anyprevious action in regard to the same noise issue.


It may also be helpful to check with othercolleagues from council or the Police, as they mayhave had complaints about noise from the samepremises. Often if noise occursoutside businesshours, a council ranger or the Police may havevisited the premises and given a warning or aNoise Abatement Direction.

Council officers should also be aware of activities orsituations that may affect their own hearing. Forexample, driving on a freeway with the windowpartially down may cause a short-term temporalshift in the range of hearing. It will take a fewminutes after arriving on site to return to normal.Exposure to loud noise (e.g. at an industrial site)before assessing a neighbourhood noise complaintcould also affect an officer’s perception of noise.Personal activities should also be considered (suchas attending a loud concert), as these may affect anofficer’s hearing the next day. Officers routinelyworking with noise complaints or issues shouldconsider regular hearing tests.

3.3.6 Working with other regulators

Fostering ongoing liaison between regulators suchas council, EPA, Police, the Sydney HarbourForeshore Authority, and Waterways Authorityofficers can help coordinate resources and resolveongoing noise problems efficiently and effectively,as each of these regulators has a range of powersand responsibilities. (Section 1.4 Roles andResponsibilities in Noise Control gives more details.)Liaison between regulators can help to clarify therole of each regulator in managing noise problems.It can reduce possible duplication and help toresolve difficult and ongoing noise problems in themost efficient and effective way.

An example is Rockdale City Council and the localPolice working together to address the issue of loudcar stereos, often a problem experienced in shoppingprecincts and in quiet neighbourhoods late at night,affecting recreation and sleep.

An example of where the combined resources ofcouncil and Police can be used effectively is wherethe Police have been called to a property as a resultof loud music on a regular basis, and may haveissued a Noise Abatement Direction or a PenaltyNotice. Rather than continue to respond to noisecomplaints, the Police could advise council of theongoing problem. Council has additional powers toissue a Noise Control Notice or Prevention Notice tomanage such ongoing noise problems. (See section4.2 The Protection of the Environment Operations(POEO) Act 1997 for details.)

Where complaints are received about licensedpremises or apartment buildings, it may also behelpful to involve other regulators, such as the

Liquor Administration Board (see section 1.4.1)when the complaint relates to a hotel or pub, or theowners’ corporation (formerly referred to as thebody corporate) when noise problems are occurringwithin a strata title apartment complex.

3.3.7 Education

Education of the community can be an importantaspect of noise management to assist in avoidingor reducing noise conflicts.

Providing written information that outlinescouncil’s requirements and/or relevant legislationcan be a cost-effective means of educating thecommunity. DEC has a number of brochuresthat can be distributed by councils. A greatercommunity understanding of an issue will helppromote tolerance of surrounding neighbourhoodactivities and an understanding of what are generallyaccepted activities and what can be done should aconflict arise.

An education campaign can target a particularnoise issue in the local area. Written material canbe provided directly to residents and be madeavailable at council offices or posted with othercouncil correspondence (such as rates notices).

An education campaign could target:

• noise generators in the community to outline theirresponsibility to other members of the community

• existing or future noise receivers to explain thetypes of noise that may arise in the area and whatlevel, duration and frequency of noise might beexpected.

3.3.8 Warning of legal action

Non-regulatory methods should be considered asthe first step in resolving a noise problem. Wherenon-regulatory approaches do not achieve anacceptable environmental outcome, or where theperson making the noise is not willing to cooperate,or council would prefer to take stronger initial action,then regulatory tools remain an important option forresolving local noise problems. Where discussion andnegotiation have been undertaken but have notresolved a problem, then a warning of legal actionmay sometimes be enough. An example is a letteradvising of council’s intention to take regulatoryaction against the person making the noise if theproblem is not remedied. Where this approach istaken, it is important that the warning can and willbe implemented if the person making the noisedecides not to heed the warning. A warning lettercan also demonstrate that council has actedreasonably should legislative remedies ultimatelybe used, as it has given the person making the noisea chance to address the problem before legal optionsare implemented.


Part 4 Regulating noise impacts

an adequate deterrent. For example, the NoiseControl Regulation requires that a motor vehicle notbe used in any place, other than a road, in a mannerthat results in offensive noise (clause 14). If the useof trail bikes on private land was emitting offensivenoise and a council officer decided to enforcecompliance with the Regulation, then a PenaltyNotice could be issued immediately on a single sitevisit by an enforcement officer.

Which notice or direction to use?

Things to consider when choosing whichnotice or direction to use:

• Is council the ARA, and is the investigatingofficer an authorised officer or anenforcement officer?

• If a Penalty Notice is to be issued by anofficer, is that officer an enforcement officerwho has powers to issue Penalty Notices forthat offence?

• Will the fine from a Penalty Notice preventthe noise from continuing?

• Can the problem be easily remedied?For example, reducing the volume on a stereo,or stopping the use of trail bikes.

• Is work required to reduce noise?For example, insulation of a noisy pool pump.

• Does council have the expertise andequipment to take noise measurements?

• Do noise measurements need to be takenor can the officer easily assess the noiseas being offensive?

• Is it a complex noise problem?For example, are there several differentnoise sources on a site?

• Is it possible to set an achievable noiselevel that should be met?

• Is it more appropriate to require bestmanagement practices to be adoptedto minimise noise?

• How will council determine compliancewith any notice served?

• Does the ARA have enough evidence to acton and to defend any appeal of a notice incourt?

The key regulatory tools for managing localenvironmental noise impacts are provided by theProtection of the Environment Operations Act 1997(POEO Act) and the POEO (Noise Control)Regulation 2000. A range of notices, directions andorders in relation to noise can be issued under thePOEO Act. The Regulation describes offences andoutlines penalties for those offences.

Other legislation that can be used to manage specificnoisy situations includes:

• Environmental Planning and Assessment Act 1979(and Regulation 2000), which provides for ordersfor breach of development consent or developmentconsent conditions with a Penalty Notice option

• Companion Animals Act 1998, which provides forNuisance Dog and Cat Orders requiring the ownerto prevent nuisance behaviour for six months

• Local Government Act 1993 (s. 124) Order No 18,which requires an occupier of a premises to keepanimals, including birds, in an appropriate mannerspecified in the order

• Local Government Act 1993 (s. 125), which enablesa council to abate a public nuisance or order aperson responsible for a public nuisance to abate it

• Strata Schemes Management Act 1997, whichprovides for various notices, orders for breaches ofstrata by-laws, and disputes between neighboursin strata title schemes.

This Guide focuses on the use of powers underthe POEO legislation. The Department of LocalGovernment may give advice on the appropriateuse of other powers.

The decision regarding which of these instrumentsto use will depend on the circumstances of each noiseproblem and on the judgement of the officer. It maybe helpful for council officers to discuss the statutoryoptions available for addressing noise with a seniormanager or council’s legal officer.

4.1 Deciding on a course of action

There are many factors to consider when decidingon the best course of action in response to a specificnoise problem.

Issuing a Penalty Notice tends to provide morestreamlined enforcement procedures for manycommon noise problems where a fine may provide


In comparison, if an officer decided to issue a NoiseAbatement Direction under the POEO Act, then atleast two assessments of the noise are normallyneeded. The first is to assess whether offensivenoise is or was being made and, if so, to issue thedirection. Subsequent assessment would then berequired to determine whether the direction wasbeing complied with. A Penalty Notice could beissued if offensive noise continued to be madewithin 28 days in breach of the direction.

There may be situations where the Regulation hasbeen applied, but where the problem has escalatedor is ongoing. For example, if the trail bikescontinued to be used on the private property, despitewarnings and Penalty Notices, it may be appropriatefor an officer to consider the other regulatory toolsprovided by the POEO Act. A Prevention Notice or aNoise Control Notice could be served on the trail bikerider or the occupier of the land requiring certainaction to be taken or setting a noise limit that mustnot be exceeded.

4.1.1 Concurrent enforcement actions

Sometimes it may be useful to issue notices anddirections in combination, but careful management ofsuch processes is required. Some councils have issueda Prevention Notice or a Noise Control Notice to dealwith noise from an activity, and have also issued aNoise Abatement Direction to deal with a repetitionof the noise for the 21-day appeal period duringwhich the notice is not in effect.

This approach may be appropriate where anoisemaker continues to make offensive noise and iscausing significant disturbance. The direction wouldoperate concurrently with the Noise Control Noticeor Prevention Notice during any period of overlap,as the direction will last for 28 days (unless ashorter time period is specified in the direction).

Example

An activity involving the use of a circular saw is notbeing carried out by such practicable means as arenecessary to prevent, control or minimise theemission of noise from the saw. Noise from the sawis made on Monday and a Prevention Notice is issuedrequiring an action plan to be developed to controlthe noise. There is a 21-day appeal period against theNotice. The circular saw is used again on Tuesdayand a direction is also issued which prohibitsoffensive noise for 28 days.

Where more than one notice or direction is used tocontrol noise from a certain activity, the followingconsiderations should generally first be addressed:

• Natural justice must be maintained (e.g. theperson issued with the notices retains theirrights to appeal against the notices).

• There should have been more than one occurrenceof the noise (i.e. on separate days or times).

An ARA or officer intending to use more than onenotice or direction in this way should seek legaladvice to ensure that legally consistent notices anddirections are issued and that the process meets therequirements of natural justice.

4.1.2 Animal noise

As there are a range of possible enforcementoptions available to control noise from animals, it isrecommended that individual councils develop andadopt internal procedural guidelines for dealing withnoise complaints relating to animals. This allows allcomplaints relating to a particular animal noise to betreated consistently within local communities.

When assessing the available options it isimportant to remember that each enforcement actionhas a differing cost implication for both council andthe recipient of the action. It may be effective to writeto the owner of an animal that is causing noiseimpacts and request that they take action to mitigatethe noise within a specified time period (e.g. 2weeks). The letter should outline council’s intendedaction if this is not done (e.g. issuing a specifiednotice).

Regulatory options for dealing with animal noise

• The Companion Animals Act 1998 provides for theservice of orders to control nuisance dogs and cats(ss. 21 & 31). The Act assists by defining thecharacteristics of noise from the animal thatwould be regarded as a nuisance, including thatit interferes with a person’s ‘peace, comfort orconvenience’.

• The Local Government Act 1993 provides for theservice of an order (Order 18 under s. 124) torequire the occupier of premises to keep animals,including birds, in an appropriate manner. Interms of noise, the regulations provide that poultryare not to be kept in a manner that creates anuisance or health risk. Unlike the CompanionsAnimals Act 1998, the Local Government Act 1993does not provide a definition of nuisance.

• The POEO Act allows for the use of PreventionNotices to control noise from animals.

NOTE: the definition of ‘activity’ under the Actincludes the keeping of an animal. The Protection ofthe Environment (General) Regulation 1998 clause 59provides a reduced appeal period of seven daysfor Noise Control Notices relating to the keepingof an animal.


4.2 The Protection of theEnvironment OperationsAct 1997

Table 2 (see next page) summarises enforcementoptions available under the POEO Act. This may helpin deciding which instrument is most appropriategiven the specific circumstances of the noise problem.The following sections detail each relevantenforcement option available under the POEO Act.

These are:

4.2.1 Noise Control Notices(POEO Act ss. 263–267)

4.2.2 Noise Abatement Directions(POEO Act ss. 275–279)

4.2.3 Noise Abatement Orders(POEO Act ss. 268–274)

4.2.4 Prevention Notices(POEO Act ss. 95–100

4.2.5 Compliance Cost Notices(POEO Act s. 104(3) and 104(4))

4.2.6 Noise pollution from operating plantand dealing with materials(POEO Act ss. 139–140)

NOTE: Maintaining a Public Register—Part 9.2 ofthe POEO Act requires each Council, as a regulatoryauthority, to maintain a public register with detailsincluding each Environment Protection Notice,Noise Control Notice, Prevention Notice andCompliance Cost Notice.

4.2.1 Noise Control Notices(POEO Act ss. 263–267)

A Noise Control Notice is used to prohibit an activityor the use of equipment from emittingnoise above a specified noise level.

Scope

A Noise Control Notice prohibits noise from anactivity or a piece of equipment from being emittedabove a specified level when measured at a specifiedpoint. A Noise Control Notice can be applied to awide range of premises, including industrial,commercial and residential sites.

The notice must specify the:• acceptable noise level

• measurement location(s)

• days and times when noise levels apply

• activity or article that is to be controlled.

Failure to provide an appropriate description ofthe noise source or measurement location may makethe notice difficult to enforce. If the notice does not

specify the hours during which the noise limitapplies, then the noise limit applies to the whole24-hour period (POEO Act s. 264).

Limitations

A Noise Control Notice cannot require or specifyworks, for example, the preparation of an acousticreport on attenuation. In such instances aPrevention Notice is more appropriate.

Using a Noise Control Notice

A Noise Control Notice may be useful when aproblem requires work to reduce noise, andwhere an acceptable noise level can be specified.A Noise Control Notice can also be used before anevent occurs by setting an acceptable noise levelin advance of when an activity will occur (e.g.a motor sport event or an outdoor concert).A Noise Control Notice remains in force untilthe ARA revokes it.

Specifying a noise level

Before issuing a Noise Control Notice, it is advisableto measure the background noise level. Thisinformation makes it possible to assess theintrusiveness (i.e. the extent that noise exceeds thebackground noise level) of any noise limit beingconsidered for inclusion in the notice. It is possible touse a previously measured background level for thelocation, provided you can demonstrate that the levelis representative of the background in the specificcase. A measurement of the problem noise shouldthen be made to determine whether the noise levelspecified is exceeded. The measuring point selectedneeds to be representative of the area to be protected.Section 2.4 Noise measurement provides advice onhow to measure noise. The NSW Industrial NoisePolicy (Chapter 10) provides additional guidance onnoise emitted from existing industrial premises.

A Noise Control Notice must specify:

1. a noise limit that the activity or equipment mustnot exceed. When deciding what noise limit to set,it is important that the limit be realistic andachievable. Different noise limits may be set fordifferent periods, for example you might set alower noise limit at night. Don’t forget to attachan appropriate noise descriptor and measurementperiod to the set noise limit (e.g. LAeq 15 min)

2. the location where the specified noise limit(s)must be measured. This is usually at the nearestresidential boundary, or if the boundary is a longway from a dwelling, such as in rural areas, at30 metres from the residence. At night, noise canbe assessed at 1 metre from a bedroom window toassess the potential for sleep disturbance.However, it is important to ensure that the


Tab

le 2

: S

um

mar

y o

f st

atu

tory

in

stru

men

ts f

or

no

ise

un

der

th

e P

OE

O A

ct

Fo

r u

se b

y co

un

cils

No

tice

or i

nst

rum

ent

Pre

con

dit

ion

Wh

en to

use

Exa

mp

leA

pp

eal p

erio

dP

enal

ty fo

rP

enal

ty N

oti

ce fi

ne

& ti

me

in e

ffec

tp

rose

cuti

on

Noi

se C

ontr

ol N

otic

e(P

OE

O A

ct s

. 264

)

Pre

vent

ion

Not

ices

(PO

EO

Act

s. 9

6)

Com

plia

nce

Cos

t Not

ice

(PO

EO

Act

s. 1

04)

Noi

se A

bate

men

t Dire

ctio

n(P

OE

O A

ct s

. 276

)O

ffens

ive

nois

eis

occ

urrin

g or

has

occu

rred

with

in th

ela

st s

even

day

s.

Qui

ck re

spon

se to

tem

pora

ry o

ffens

ive

nois

e.

Cea

se m

akin

gof

fens

ive

nois

e fr

omst

ereo

sys

tem

.

Rem

ains

in fo

rce

for

up to

28

days

.C

an b

e re

voke

d.

30 p

enal

ty u

nits

(cur

rent

ly $

3300

@ $

110

per

unit)

(P

OE

O A

cts.

277

).

Cor

pora

tion

$400

Indi

vidu

al $

200

Fo

r u

se b

y co

un

cil

off

icer

s a

nd

Po

lice

off

icer

s

No

tice

or i

nst

rum

ent

Pre

con

dit

ion

Wh

en to

use

Exa

mp

leA

pp

eal p

erio

dP

enal

ty fo

rP

enal

ty N

oti

ce fi

ne

& ti

me

in e

ffec

tp

rose

cuti

on

Pen

alty

Not

ice

(PO

EO

Act

s. 2

24)

An

offe

nce

agai

nst t

heP

OE

O A

ct o

r the

PO

EO

(Noi

se C

ontr

ol)

Reg

ulat

ion

for

whi

chP

OE

O (P

enal

ty N

otic

es)

Reg

ulat

ion

says

cou

ncil

offic

ers

& P

olic

e ca

nis

sue

Pen

alty

Not

ices

.

Can

be

used

to fi

neof

fend

er o

n th

e sp

ot.

Offe

nsiv

e no

ise

was

mad

e co

ntra

ry to

Noi

seA

bate

men

t Dire

ctio

n.

Pen

alty

mus

t be

paid

with

in 2

8 da

ys o

f bei

ngse

rved

unl

ess

notic

ere

voke

d or

offe

nder

elec

ts to

go

to c

ourt

and

is p

rose

cute

d.

Var

ious

Var

ious

Whe

re c

ounc

il in

curs

cost

s in

ens

urin

gco

mpl

ianc

e w

ith a

Pre

vent

ion

Not

ice.

Pro

vide

s fo

r rec

over

y of

com

plia

nce

cost

s,in

clud

ing

mon

itorin

g.

Pay

$10

0, b

eing

cos

tsin

curr

ed b

y co

unci

l in

taki

ng li

sted

ste

ps to

mon

itor c

ompl

ianc

e w

itha

Pre

vent

ion

Not

ice.

Cos

ts m

ust b

e pa

id b

ydu

e da

te in

not

ice.

Lega

l act

ion

to r

ecov

eram

ount

ow

ing.

N/A

App

lies

if ac

tivity

isbe

ing

carr

ied

out i

nan

env

ironm

enta

llyun

satis

fact

ory

man

ner

as d

efin

ed b

y s.

95.

Act

ion

spec

ified

in th

eno

tice

mus

t be

unde

r-ta

ken.

(Thi

s no

tice

can

also

add

ress

oth

erpo

llutio

n or

was

tepr

oble

ms.

)

Pre

pare

, by

a ce

rtai

nda

te, a

n ac

tion

plan

tore

duce

noi

se fr

om th

esi

te a

nd s

ubm

it it

toth

e A

RA

.

Not

ice

com

es in

to fo

rce

afte

r 21-

day

appe

alpe

riod,

or w

hen

Land

and

Env

ironm

ent C

ourt

has

conf

irmed

the

notic

e. C

an b

e re

voke

dor

var

ied

by A

RA

.

Cor

pora

tion

$250

,000

,an

d fo

r eac

h da

y of

fenc

eco

ntin

ues

$120

,000

.In

divi

dual

$12

0,00

0,an

d fo

r eac

h da

y of

fenc

eco

ntin

ues

$60,

000.

(PO

EO

Act

s. 9

7)

Fai

lure

to c

ompl

yw

ith n

otic

e:C

orpo

ratio

n $1

,500

Indi

vidu

al $

750

Fai

lure

to p

ayad

min

. fee

:C

orpo

ratio

n $1

,000

Indi

vidu

al $

500

Mea

sure

noi

se a

ndes

tabl

ish

an a

ccep

tabl

eno

ise

leve

l for

the

artic

leor

act

ivity

.

Use

d to

spe

cify

noi

sele

vel a

nd m

easu

rem

ent

poin

t in

a fo

rmal

way

.

Noi

se le

vels

from

the

pum

p m

ust n

ot e

xcee

d45

dB

(A)

L eq 1

5 m

in a

t an

ytim

e be

twee

n 7

am a

nd10

pm

on

any

day

whe

nm

easu

red

at th

eno

rthe

rn b

ound

ary

of45

Sm

ith S

t.

Not

ice

com

es in

to fo

rce

afte

r 21-

day

appe

alpe

riod,

or w

hen

Land

and

Env

ironm

ent

Cou

rtha

s co

nfirm

ed th

eno

tice.

Can

be

revo

ked

or v

arie

d by

AR

A.

Cor

pora

tions

$60

,000

,an

d fo

r eac

h da

y of

fenc

eco

ntin

ues

$6,0

00.

Indi

vidu

als

$30,

000,

and

for e

ach

day

offe

nce

cont

inue

s $6

00 (

PO

EO

Act

s. 2

65).

Cor

pora

tion

$400

Indi

vidu

al $

200


Any

occ

upie

r of

prem

ises

who

seoc

cupa

tion

is a

ffect

edby

offe

nsiv

e no

ise.

Allo

ws

resi

dent

s to

see

kin

terv

entio

n by

Loc

alC

ourt

(mag

istr

ate)

with

out r

efer

ence

toP

olic

e or

cou

ncil.

Mag

istr

ate

satis

fied

(on

bala

nce

ofpr

obab

ilitie

s) th

atof

fens

ive

nois

e is

bei

ngem

itted

. Ord

er is

sued

to p

erso

n m

akin

g th

eno

ise

dire

ctin

g th

atof

fens

ive

nois

e m

ust

not

be e

mitt

ed.

In fo

rce

imm

edia

tely

or

at th

e tim

e sp

ecifi

ed in

the

Ord

er. L

asts

unt

ilre

voke

d by

the

Loca

lC

ourt

. Opt

ion

of a

ppea

lto

Lan

d an

dE

nviro

nmen

t Cou

rtw

ithin

21

days

of

orde

r bei

ng m

ade.

If ap

peal

ed, o

rder

issu

spen

ded

until

app

eal

deal

t with

or

with

draw

n.

30 p

enal

ty u

nits

(cur

rent

ly $

3300

@ $

110

per p

enal

ty u

nit)

(PO

EO

s. 2

69).

No

prov

isio

nfo

r Pen

alty

Not

ice.

Tab

le 2

: (c

on

t’d

) S

um

mar

y o

f st

atu

tory

in

stru

men

ts f

or

no

ise

un

der

th

e P

OE

O A

ct

Fo

r u

se b

y in

div

idu

als

No

tice

or i

nst

rum

ent

Pre

con

dit

ion

Wh

en to

use

Exa

mp

leA

pp

eal p

erio

dP

enal

ty fo

rP

enal

ty N

oti

ce fi

ne

& ti

me

in e

ffec

tp

rose

cuti

on

Noi

se A

bate

men

t Ord

er(P

OE

O A

ct s

. 268

)


Penalties

A breach of a Noise Control Notice can beprosecuted in the Land and Environment Courtwith a maximum penalty of $60,000 for acorporation and $30,000 for an individual. Dailypenalties also apply for each day the offencecontinues. A maximum penalty of $22,000 can beissued in the Local Court for breach of a notice.

Alternatively, an enforcement officer can issue aPenalty Notice for a breach of a Noise Control Notice.This provides for fines of $200 for an individual and$400 for a corporation, which can be issued ‘on thespot’ where this is practicable (POEO (PenaltyNotices) Regulation 1999). Council receives the bulkof any fines imposed by the court or by a PenaltyNotice.

4.2.2 Noise Abatement Directions(POEO Act ss. 275–279)

Noise Abatement Directions can be issuedif offensive noise:

– is being emitted, or

– has been emitted at any time within thepast seven days from any premises.

The Direction lasts for up to 28 days.

Scope

Noise Abatement Directions are useful for quicklydealing with temporary noise problems such as loudmusic, where the noise can reasonably be reduced orstopped. A direction is an official instruction thatoffensive noise must cease. A direction can be issuedwithin seven days of the offensive noise occurringand lasts for up to 28 days.

Using a Noise Abatement Direction

A Noise Abatement Direction can be issued if itappears to an authorised person that offensive noiseis being made or has been made in the past sevendays (POEO s. 276). An ‘authorised person’ isgenerally an ‘authorised officer’ (i.e. a personappointed as such under section 187 of the POEOAct) or a Police officer (POEO s. 275).

Offensive noise is defined in the POEO Act. Indeciding whether a particular noise is offensive theauthorised person would need to apply the definitionof offensive noise from the POEO Act and considerwhat a reasonable person would find offensive.Determining offensive noise is discussed in detail insection 2.3 of this Guide.

The authorised person need not have witnessed theoffensive noise before issuing a Noise AbatementDirection. For the direction to be issued, it issufficient for it to appear to the authorised person

measurement location is accessible to whoeverreceives the notice so they or the issuing officercan check compliance. Where access to checkcompliance is a problem, a more accessiblelocation to measure compliance can be specified,and the noise level can be adjusted accordingly

3. the times and/or days when the noise limit(s)applies. If none are specified then the noise limitapplies at all times

4. the noisy activity or article that must becontrolled.

A Noise Control Notice must be issued in writing(POEO Act s. 264). A template for a Noise ControlNotice is attached in Appendix 4 to this Guide(source: EPA Guide to Notices 1999).

Power to issue a Noise Control Notice

An ARA can issue a notice to:

• the occupier of the premises concerned, or

• the person carrying on the activity, or operatingthe article (POEO Act s. 264).

Councils can issue Noise Control Notices foractivities they are responsible for under the POEOAct. The Waterways Authority can issue NoiseControl Notices in relation to non-scheduledactivities involving non-pilotage vessels innavigable waters.

Police do not have the power to issue NoiseControl Notices.

Appeals and revocation

A Noise Control Notice can be appealed to the Landand Environment Court within 21 days of beingserved (POEO Act ss. 267 and 290). Where the noticerelates to the keeping of an animal the appeal periodis within seven days of the notice being served(clause 59 POEO (General) Regulation 1998).

A Noise Control Notice does not take effect until afterthe appeal period has expired or until the court hasdetermined an appeal or the appeal has beenwithdrawn (POEO Act s. 267).

Offence

It is an offence to contravene a Noise Control Notice.An offence occurs if the activity or article emits noiseabove the noise limit specified in the notice duringthe relevant times or days. However, this does notapply where the noise cannot be detected outside thepremises without the aid of an instrument (POEO Acts. 265). This means that any noise above thespecified level must also be audible.


that offensive noise occurred in the past seven days.Where an authorised person has not heard thenoise, it is preferable to ask witnesses to make asigned statement about the noise and its effect onthem.

A template for a Noise Abatement Direction isincluded as Appendix 4.

Power to issue a Noise Abatement Direction

An authorised person can issue a Noise AbatementDirection to:• the occupier of the premises concerned, or

• the person making or contributing to the makingof the offensive noise.

Serving a Noise Abatement Direction

A Noise Abatement Direction can be issued verballyor in writing to the person the authorised personbelieves to be the occupier of the premises fromwhich the offensive noise originates, or to any personthe officer believes is making or contributing to thenoise, or both. Where further action may be requiredit is recommended that a written direction beprovided so there is clear evidence of its details.This is helpful for both the regulator and the personreceiving the direction.

A Noise Abatement Direction should specify thesource or type of offensive noise, for example, ‘ ceaseusing concrete saw or any other power tools’.

Restrictions

Section 278 of the POEO Act states that a NoiseAbatement Direction may not be directed to the State,a person acting on behalf of the State, a State publicauthority, or a person acting in the capacity of amember, officer or employee of that authority. Italso has no force if it affects:• any activity carried on, by or for the State or

a State public authority

• any activity or work that requires or is subject toan EPA licence (see Schedule 1 of the POEO Act).

Appeals and revocation

There is no right of appeal against a NoiseAbatement Direction under the POEO Act.

A direction may be revoked by the person whogave the direction or by another authorised person(POEO Act s. 279).

Offence

It is an offence to breach a Noise AbatementDirection. This happens if the offensive noisespecified in the direction is made again within28 days of the direction being given (or within ashorter time period if so specified in the notice).

Penalties

Penalty Notices can be issued for failing to complywith a Noise Abatement Direction, with fines of$200 for an individual and $400 for a corporation.

The maximum penalty the Land and EnvironmentCourt may impose for not complying with a NoiseAbatement Direction is 30 penalty units (at the timeof publication $3,300 ($110 per penalty unit as setby the Crimes (Sentencing Procedure) Act 1999 s. 17).

Special powers of Police for serving orenforcing Noise Abatement Directions

Police officers have special powers for servingand enforcing Noise Abatement Directions.These include the power:

• to enter premises with a warrant(POEO Act s. 280)

• to require certain information (name andaddress) (POEO Act s. 281)

• to seize equipment making offensive noisein breach of a Noise Abatement Direction(POEO Act s. 282).

Warrant to enter premises (POEO Act s. 280)

A Police officer can enter premises (with a warrant)to give a Noise Abatement Direction or to investigatewhether a direction has been contravened (POEO Acts. 280 (1)).

A magistrate can issue a warrant following acomplaint by a Police officer (received either directlyor indirectly, see POEO Act s. 280 (2) & (3)) if thePolice officer:

• has been denied entry to a particular premises

• believes that offensive noise is being or has beenemitted from the premises in the past seven days,and

• issues a direction immediately on enteringthe premises or calls for an investigation tobe carried out to see whether a direction hasbeen contravened.

The POEO (General) Regulation 1998 (clause 58 andSchedule 4 Forms 1, 2 & 3) provides the prescribedforms for the magistrate and the Police officer torecord details of the case and the information thatmust be provided to the occupier of the premiseswhere the warrant is being executed.

Police powers after entry by warrant(POEO Act s. 281)

If a person is causing or contributing to offensivenoise or has done so within the last seven days then


a Police officer can require a person to provide:

• their name and address, or

• the name and address of the occupier of thepremises if that person is not the occupier.

The person must first have been warned that theyare obliged to provide this information. It is anoffence not to provide this information or to givefalse information, with a maximum penalty of30 penalty units (POEO Act s. 281(3)).

Police power to seize equipment(POEO Act s. 282)

A Police officer can seize or secure any equipmentthat is making offensive noise if a Noise AbatementDirection is in force and a person is contravening thedirection. The person must be warned that thecontinued use of the equipment may lead to its beingseized. If equipment is seized a receipt then needs tobe issued to the person. Equipment must be returnedor released within 28 days. Other Police powers arenot affected (POEO Act s. 283).

4.2.3 Noise Abatement Orders(POEO Act ss. 268–274)

Individuals can seek a Noise Abatement Orderindependent of any regulatory authority suchas a council or the Police.

Noise Abatement Orders can only be madeby a Local Court.

The magistrate generally issues the orderbased on the ‘balance of probabilities’.

Scope

Any occupier of premises who believes theiroccupation of the premises is being affected byoffensive noise can seek a Noise Abatement Orderwithout involving a regulatory authority such ascouncil or the Police. This is done by filing anApplication Notice to a chamber magistrate atthe Local Court seeking a Noise Abatement Order.The Court may issue a Noise Abatement Orderrequiring offensive noise to cease if it is satisfiedthat the noise was offensive.

Using a Noise Abatement Order

Where council or the Police have decided that nofurther action is justified for a particular matter, theresident can be advised about the option of seekinga Noise Abatement Order from a Local Court.

The burden of proof required for an order tobe issued is less than that required for criminalenforcement action by a regulatory authority(i.e. the magistrate may make a ruling on ‘thebalance of probabilities’ based on the evidence

presented, rather than having to be convincedbeyond reasonable doubt).

Obtaining a Noise Abatement Order

Any person wanting to seek a Noise AbatementOrder should make an appointment to discuss theirproposed course of action with the chambermagistrate at the Local Court. The following steps areinvolved in issuing a Noise Abatement Order:

1. The occupier of affected premises should call thechamber magistrate and discuss the proposedcourse of action. The chamber magistrate mayrequest a meeting.

2. The occupier of the premises should then filean application notice with the court registry.

3. The court registrar then assesses the applicationnotice and, if approved, the Court will serve aCourt Attendance Notice requiring the defendantto attend court.

4. The magistrate may issue an order if satisfied, onthe balance of probabilities, that offensive noiseeither exists or is likely to recur.

As issuing an order involves court time and possiblythe involvement of legal representation, the chambermagistrate will often encourage parties to undertakemediation to prevent this time-consuming andpotentially expensive process. This being the case,parties should be encouraged to approach the localCommunity Justice Centre or seek other mediationopportunities before completing the ApplicationNotice.

It is not necessary to obtain legal advice whenseeking an order, although this may be advisabledepending on the circumstances. An order takeseffect either immediately or at a time specified inthe order. An order may be revoked or varied bya local court.

Appeal

A person against whom a Noise Abatement Orderhas been made may appeal to the Land andEnvironment Court within 21 days of the order beingmade (POEO Act s. 290). The order is suspendeduntil the appeal is dealt with or withdrawn(POEO Act s. 271).

Restrictions

Under section 270 of the POEO Act, a NoiseAbatement Order may not be directed to the State,a person acting on behalf of the State, a State publicauthority or a person in the capacity of a member,officer or employee of the authority. It also has noforce if it affects an activity carried on, by or for theState or a State public authority, or an activity thatrequires or is subject to an EPA licence.


Offence

A person who contravenes the terms of aNoise Abatement Order is guilty of an offence(POEO Act s. 269).

The person who applied for the order can seekto have the person given the order prosecuted forcontravening the order. Section 218 of the POEO Actidentifies who may initiate a prosecution for abreach of a Noise Abatement Order.

Where an order has been breached, the breachwill have to be established according to a criminalstandard of proof (i.e. beyond reasonable doubt).This is more onerous than the standard of proofrequired to obtain an order.

Penalties

The maximum penalty for not complying with aNoise Abatement Order is 30 penalty units (at thetime of publication $3,300 ($110 per unit set bysection 17 of the Crimes (Sentencing Procedure) Act1999). A Penalty Notice cannot be used for a breachof an order.

4.2.4 Prevention Notices(POEO Act ss. 95–100)

Prevention Notices are used to control activitiesthat are conducted in an ‘environmentallyunsatisfactory manner’.

Actions need to be specified in thePrevention Notice.

Scope

A Prevention Notice can be used to control activitiesthat are conducted in an ‘environmentallyunsatisfactory manner’ (as defined in s. 95 of thePOEO Act) and should specify the action to be takento remedy the problem.

Section 96(3) of the POEO Act provides a list ofexamples of actions that a Prevention Noticecan require. This includes requiring an operator todevelop an action plan and to supply progressreports on the action required by the PreventionNotice (POEO Act s. 96(5)).

A Prevention Notice can encourage an operatorto apply best management practice to an activity.It is likely to be appropriate where:

• there is a complex activity with many noisesources, and changes to operational practicesare needed

• it may be difficult or unreasonable to specifyan acceptable noise level that must be met

• there are a number of environmental issuesrequiring action, e.g. noise, air, water or wasteproblems. A single Prevention Notice can be used

to manage all these problems for a particular siteor activity.

The Prevention Notice is designed to set out actionsthat are needed for an activity to operate in anenvironmentally satisfactory manner. It is orientedtowards finding solutions that would control thenoise and cannot be used to simply ban an activityunless this is the only way it can be resolved in anenvironmentally satisfactory solution.

Using a Prevention Notice

Before preparing the Prevention Notice you mustestablish that the activity is being carried out in anenvironmentally unsatisfactory manner. Section 95 ofthe POEO Act defines this term. Section 95(c) and (d)contains the most relevant parts of the definition inrelation to noise, and states that an activity is beingcarried out in an ‘environmentally unsatisfactorymanner’ if:• it is not carried on by such practicable2 means as

may be necessary to prevent, control or minimisepollution, the emission of any noise or thegeneration of waste, or

• it is not carried on in accordance with goodenvironmental practice.

The term ‘practicable means’, as used here, is notdefined by the POEO Act, so it is given its naturalmeaning. The Macquarie Dictionary definespracticable as ‘capable of being put into practice, doneor effected especially with the available means or withreason or prudence; feasible.’ If there is action that canbe taken to prevent, control or minimise theemission of noise, then a prevention notice may beissued.

A Prevention Notice needs to specify:

1. the actions the operator should take to ensurethat the activity is carried out in anenvironmentally satisfactory manner. Section96(3) of the POEO Act lists some of the things thatcan be required in a Prevention Notice.

2. If suitable measures to control the noise are notapparent, the Prevention Notice can require thatan action plan (noise management plan) bedeveloped by the operator as a first step. Theoperator usually best understands the noise sourceand may be able to think of innovative solutionswith your encouragement.

An action plan could specify the details thatcouncil expects the operator to address. Forexample, the Prevention Notice may require thatthe action plan be prepared by a suitably qualifiedperson, that noise be measured or monitored, andthat certain control measures have been consideredas part of the plan, such as relocating or enclosingequipment or changing operating times. There


could also be a requirement that the plan besubmitted to council for approval before beingimplemented. If a two-stage approach was beingfollowed then a further notice could be issued toimplement the approved measures. Managementoptions that are developed to reduce the noiseneed to be feasible and reasonable.

3. the date(s) when the action required in thePrevention Notice must be completed. If an actionplan has been requested then you need to specifya date(s) for the plan to be submitted andimplemented.

Where the Prevention Notice is issued to theoccupier, but the occupier is not the person carryingon the activity, the occupier must take all availablesteps to cause the action to be undertaken (POEO Acts. 96(4)).

A template for a Prevention Notice is included inAppendix 4 (source: EPA Guide to Notices 1999).

Power to issue a Prevention Notice

Only an ARA can issue a Prevention Notice. Policedo not have the power to issue Prevention Notices.A notice can be issued to:

• the occupier of the premises concerned, and/or

• the person carrying on the activity (POEO Acts. 96(2)).

The Prevention Notice must be issued in writing.

Appeals

A person given the Prevention Notice may appeal tothe Land and Environment Court within 21 days ofbeing served with the Prevention Notice (POEO Acts. 289).

Section 99 of the POEO Act states that thePrevention Notice does not take effect until:

• after the appeal period has expired (withoutan appeal being lodged), or

• until the court has decided an appeal, or• the appeal has been withdrawn, or

• the recipient of the Prevention Notice informsthe issuer in writing that no appeal will be made.

Offence

A person who fails to comply with the PreventionNotice is guilty of an offence under section 97 of thePOEO Act.

The ARA may require the person concerned to payfor all or any reasonable costs and expenses itincurred in monitoring and ensuring compliancewith the notice. See section 4.2.5 of this Guide.

If a person has not complied with the PreventionNotice, the ARA itself (or its employees, agents or

contractors) can take the action that the PreventionNotice requires (POEO Act s. 98). The ARA may thenrequire the person concerned to pay for all or anyreasonable costs and expenses it incurred in takingthat action (POEO Act s. 104(4)).

These cost recovery mechanisms are in addition to any prosecution that may be undertaken.

Penalties

A Penalty Notice can be issued for failure to complywith a Prevention Notice with fines of $750 for anindividual and $1500 for a corporation.

A breach of a Prevention Notice can be prosecuted inthe Land and Environment Court, with maximumfines being $250,000 for a corporation or $120,000 foran individual. There are also daily penalties if theoffence continues.

Administrative fee for a Prevention Notice

Cost recovery options for Prevention Noticesinclude an administration fee for serving the noticeand a separate Compliance Cost Notice formonitoring or ensuring compliance with the notice.

The mandatory administrative fee of $320 (at thetime of publication) is intended to cover the costsof preparing and giving a Prevention Notice (POEOAct s. 100). The fee must be paid within 30 days ofreceiving the notice. Where the Prevention Notice isappealed, payment of the fee is suspended until thecourt has decided the appeal. The administration feeis prescribed by clause 61 of the POEO (General)Regulation 1998.

Appropriate regulatory authorities have discretionarypower to waive the administration fee or extend theperiod for payment (POEO Act s. 100). Examples ofcircumstances in which appropriate regulatoryauthorities might consider waiving the fee are:

• demonstrated cases of financial hardship

• where the Prevention Notice has been issuedto a charitable organisation.

4.2.5 Compliance Cost Notices(POEO Act s. 104(3) and 104(4))

A Compliance Cost Notice allows an appropriateregulatory authority to recover the costs ofmonitoring or ensuring compliance with a PreventionNotice.

It is a separate notice which can be served aftera Prevention Notice has been given.

Scope

A Compliance Cost Notice can be served to recoverthe costs incurred by the ARA for monitoring orensuring compliance with a Prevention Notice


(POEO Act s. 104 (3)). It is issued to the person whowas issued with the Prevention Notice.

The notice does not include the cost of preparing andissuing a Prevention Notice, which is covered by theadministration fee described in the previous section.

Power to issue a Compliance Cost Notice

The ARA that has issued a Prevention Notice toa person may issue a Compliance Cost Notice. ACompliance Cost Notice must be issued in writing.

Using a Compliance Cost Notice

A Compliance Cost Notice is used to recover thecosts associated with monitoring and follow-upaction taken as a result of issuing a PreventionNotice. This may include such things as travel tothe site to do follow-up inspections, time spent oninspection to ensure that conditions of the notice arebeing complied with, and measurements an officermay take to ensure that the conditions of the noticeare being complied with.

Officers need to keep accurate records of the timespent in ensuring compliance with the PreventionNotice. The ARA will need to determine an hourlyfee charge for the purpose of issuing ComplianceCost Notices.

A template for a Compliance Cost Notice is includedin Appendix 4.

Appeals

There is no right of appeal under the POEO Act.

Payment method

Compliance Cost Notices should specify a time forpayment. The notice should also indicate that if thepayment is not received by the specified date thenthe ARA may take steps to recover the unpaidamount.

Failure to comply

The ARA may recover any unpaid amountsspecified in the notice in a court.

Registering Compliance Cost Notices

Compliance Cost Notices may be registered with theRegistrar-General, creating a charge over any landowned by the person who is the subject of the notice(POEO Act s. 106). This charge will cease to haveeffect either (POEO Act s. 107):

• on payment to the ARA or public authority ofthe amount concerned, or

• on the sale or other disposition of the propertywith the written consent of the authority, or

• on the sale of the land to a purchaser in goodfaith who, at the time of the sale, has no noticeof the charge.

Compliance Cost Notices can be registered with theRegistrar-General if attempts to recover the costshave not been successful.

4.2.6 Noise pollution from operatingplant and dealing with materials(POEO Act ss. 139–140)

There are two general provisions for noise frompremises in sections 139 and 140 of the POEO Act.These relate to the operation of plant and handlingof materials, respectively.

Operation of plant causing noise (POEO Act s. 139)

In situations where council is the ARA, an authorisedcouncil officer or enforcement officer can prosecuteor issue a Penalty Notice to the occupier of premiseswhere the council officer considers that a noiseproblem from the premises is being caused by theoperation of plant that is poorly maintained or notoperated correctly (A Penalty Notice may be issuedonly by an enforcement officer). In other words, theoccupier has failed:

• to maintain the plant in an efficient condition, or• to operate the plant in a proper and efficient

manner.

An example is the operation of worn conveyorbelts causing noise as the loose belt is drawnthrough the drivers.

Dealing with materials causing noise(POEO Act s. 140)

In situations where council is the ARA, a councilofficer, who is authorised by the council to do so,can prosecute or issue a Penalty Notice to theoccupier of a premises where the council officerconsiders that noise is occurring because materialsare not being dealt with in a proper or efficientmanner by the occupant. For the purposes of thissection of the Act:

• ‘deal with’ means process, handle, move,store or dispose of

• ‘materials’ include raw materials, materials inthe process of manufacture, manufacturedmaterials, by-products, or waste materials.

An example is the practice of throwing or dumpingempty glass bottles into steel drums or containers,thereby making noise.

No warning is required to be given before issuinga Penalty Notice or proceeding with a prosecutionwhere section 139 or 140 of the POEO Act isbreached.


4.3 The POEO (Noise Control)Regulation 2000

The Noise Control Regulation streamlines thehandling of common neighbourhood noise problemsby providing more specific controls than the generalpowers provided under the POEO Act. Theprovisions of the Regulation are aimed at residentialactivities and equipment, rather than those oncommercial or industrial premises. Noise resultingfrom residential construction is not intended to becovered by the Regulation as noise from theconstruction of a dwelling is dealt with throughspecific conditions of consent given under planninglegislation. The Regulation has three main partsrelevant to noisy items. These are:

• Part 2, which provides for control of the noisefrom individual motor vehicles operating on publicroads and off-road, including on private property,and noise from motor vehicle accessories such asalarms. Council officers, Police and EPA officershave powers in relation to particular provisions

• Part 3, which deals with noise from marinevessels such as powerboats, Jet Skis and otherpersonal water craft. This part applies mainly tothe activities of Waterways Authority officers andWater Police

• Part 4, which deals with common neighbourhoodnoise problems such as the times of use of airconditioners, swimming pool pumps, power tools,building intruder alarms and loud music. This partis most applicable for councils and Police.

Details of offences which can be dealt with by issuinga Penalty Notice are listed in the POEO (PenaltyNotices) Regulation 1999, which lists the fine andthe class of officer who can be authorised to issue aPenalty Notice for a particular offence.

Table 3 summarises the offences under theRegulation for which councils can issue PenaltyNotices. In all cases, council enforcement officers canissue a Penalty Notice where an offence occurs inrelation to activities for which council is the ARA andwhich occur in or in relation to a council’s localgovernment area.

The Regulation applies different methods of controlto different neighbourhood noise problems. Thesecontrols are:

• preventing the use of certain articles wherethey can be heard during noise-sensitive periods(e.g. night time)

• placing limits on how long an article can emitnoise (e.g. alarms)

• prohibiting the use of certain articles where theyemit offensive noise (e.g. off-road trail bikes).

The following discussion of the Regulation groups

the noise sources into three areas:

• miscellaneous articles (e.g. power tools,amplified music, air conditioners)

• alarms (e.g burglar and car alarms)

• motor vehicle related (e.g. trail bikes off-road,vehicle sound systems, truck-mountedrefrigeration units).

4.3.1 Miscellaneous articles

• Power tools and swimming pool pumps

• Musical instruments and sound systems

• Air conditioners on residential premises

The Regulation identifies times when certain itemsmust not be used in residential premises so as to beaudible inside a habitable room of anotherresidence (whether windows and doors are open ornot). Items with restricted times of use include:• power tools and swimming or spa pool pumps

(Noise Control Regulation clause 50)

• musical instruments and sound systems(Noise Control Regulation clause 51)

• air conditioners (Noise Control Regulationclause 52).

These provisions provide a means of determiningwhether noise from one of the listed items ofequipment, which is heard in a neighbouringdwelling, may warrant action based on the time ofday that the noise is being emitted. These provisionsdo not exclude other courses of action if ‘ offensivenoise’ is emitted within the allowed times of use.A Noise Abatement Direction, for example, couldbe issued if an authorised officer considered thata musical instrument was causing offensive noise,regardless of the time of day.

Table 4 lists the restricted times of use for each item.

What constitutes an offence?

Simply operating an item during restricted hours setout in the Regulation is not immediately an offence. A warning needs to be given and contravened beforean offence against the ‘time of use’ provisions of theRegulation is committed.

Any person can give the warning. However, it ispreferable for an authorised officer to issue thewarning so that if it is necessary to issue a PenaltyNotice, the officer can be sure the warning has beengiven correctly. A warning can be given verbally orin writing. The warning needs to be given withinseven days of the noise occurring. If the item isoperated outside hours permitted by the regulationwithin 28 days of the warning, and the noise isaudible inside a habitable room in anotherdwelling, then an offence has been committed.


Table 3: Offences for which Penalty Notices can be issued by councilsunder the POEO (Noise Control) Regulation 2000

Noise source Offence Relevant part Warning required Penalty Noticeof the Regulation

Motor vehicleused off-road

Cause or permitvehicle to emitoffensive noise ina place (not a road)

Clause 14 No Individual $200Corporation $400

Motor vehicleoperated on aresidential premises

Cause or permit repeatof vehicle noise afterwarning

Clause 15(1) Yes Individual $200Corporation $400

Refrigeration unitfitted to a motor vehicle

Cause or permit repeatof refrigeration unitnoise after warning


Motor vehiclesound system

Cause or permitoffensive noise frommotor vehicle soundsystem


Motor vehicle alarm:use of car alarm whilevehicle engine isrunning or ignitionis on

Cause or permit noisefrom motor vehicleintruder alarm withpanic or overrideswitch


Motor vehicle alarmsounding continuouslyor intermittently

Cause or permit useof noisy alarm (for upto 24 hours)

Clause 24(1) No Individual $200Corporation $400

Power tools (includingpowered garden tools,electric power tools,pneumatic power tools,chain saw, circular saw,gas or air compressor) &swimming pool pumps(including spa pumps)used on residential premises

Cause or permitrepeat of power toolor swimming poolpump noise afterwarning


Musical instruments& amplified soundequipment (includesradio, television,computer, tape recorder,CD player, DVD playeror PA system used onresidential premises)

Cause or permit repeatof musical instrumentor sound equipmentnoise after warning


Air conditionerused on residentialpremises

Cause or permit repeatof air conditioner noiseafter warning


Building burglaralarms soundingcontinuouslyor intermittently

Cause or permit useof noisy intruder alarm(for up to 24 hours)

Clause 53(1) No Individual $200Corporation $400

Cause or permit useof noisy intruder alarm(for 24 to 48 hours)

Individual $400Corporation $800

Cause or permit useof noisy intruder alarm(for more than 48hours)

Individual $600Corporation $1,200


A warning must be clear and be understood by theperson receiving it. Ideally, it should be confirmed in writing. The person receiving the warning should:

• understand that the warning has a legal basis.This could be achieved by referring to the relevantclause in the Regulation or by giving the persona copy of the clause

• appreciate what they are required to do.This means understanding that they must notcause or permit the particular noise to be emittedwithin 28 days of the warning being issued

• understand that they will commit an offenceif they do not comply.

Contravention of a time of use provision

A contravention of a ‘time of use’ provision occurswhere noise from these items can be heard withina habitable room of any residential premisesduring restricted hours (regardless of whetherany door or window to that room is open).

If an offence has been committed, an enforcementofficer can issue a Penalty Notice, or council canbring a prosecution in court, provided there isadequate evidence to support the case. Evidencethat may help support enforcement action couldinclude a signed statement from one or morewitnesses, identifying the source (if known) andnature of the noise, when and where it was heard,an indication of its volume and its effects on them.

If necessary, a Noise Abatement Direction could beused to control offensive noise, regardless of hours ofuse, as this provision of the POEO Act applies at alltimes (see section 2.3 Offensive noise).

4.3.2 Alarms

• Motor vehicle intruder alarms

• Building intruder alarms

The Regulation limits the duration for whicha building or car intruder alarm may sound.

Time limits for alarms manufactured beforeor after certain dates are presented in Table 5.

No warning is required for an offence to occur.

The Regulation provides that where an alarmsounds intermittently, it is taken to soundcontinuously for the purpose of measuring theduration for which it has sounded. For example, acar alarm that sounds for 70 seconds, stops for 60seconds and sounds again for 70 seconds is takento have sounded for more than the permitted 90seconds. This approach applies for both buildingand car alarms.

Table 5: Restricted durationof noise from alarms

Type of noise Restrictions on theduration of the noise emitted

Motor vehicle • more than 90 seconds if theintruder alarm vehicle was manufactured before(POEO (Noise Control) 1 Sept 1997Regulation, clause 24)

• more than 45 seconds if thevehicle was manufactured on orafter 1 Sept 1997

Building intruder alarm Sound is audible in a habitable(POEO (Noise Control) room of a residential premises,Regulation, clause 53) and sounds for:

• more than10 minutes if the alarmwas installed before 1 Dec1997

• more than 5 minutes if the alarmwas installed after 1 Dec 1997

What constitutes an offence?

In the case of a building alarm, an offence iscommitted by an occupier of the premises whocauses or permits an alarm to sound for longer thanthe specified time limit and it is audible inside ahabitable room of a dwelling. In the case of a caralarm, an offence occurs if a person causes orpermits an alarm to sound for longer than thespecified time limit. However, it would not be anoffence if the alarm sounds and the car has been

Table 4: Restricted times of use for miscellaneous articles

Type of noise Times during which restrictions apply

Power tools and swimming/spa pool pumps Before 8.00 am or after 8.00 pm on Sundays and public holidays(POEO (Noise Control) Regulation, clause 50) Before 7.00 am or after 8.00 pm on any other day

Musical instruments and electrically-amplified Between midnight and 8.00 am on any daysound equipment (POEO (Noise Control)Regulation, clause 51)

Air conditioners (POEO (Noise Control) Before 8.00 am or after 10.00 pm on weekends or public holidaysRegulation, clause 52) Before 7.00 am or after 10.00 pm on any other day


involved in an accident, or has been damaged orbroken into.

Although the Regulation provides different timelimits for alarms manufactured (cars) or installed(buildings) before and after December 1997, this canoften be difficult to determine. If in doubt, the alarmcan be assumed to have been manufactured beforeDecember 1997 and the greater of the two timeperiods can be applied for a building or car alarmsounding. If the matter goes to court, however, itwill not be sufficient to assume that the alarm wasinstalled before December 1997—evidence will needto be given to establish when the alarm was installed.For cars, the date of manufacture of the vehicle isrecorded on the vehicle’s compliance plate, which islocated in the engine compartment.

Options for dealing with noisy alarms

When an alarm is sounding for longer than permittedand is causing a disturbance, a council officer hasseveral options, including:• contacting the owner or occupier of the building

or vehicle and asking them to stop the alarm

• issuing a Penalty Notice where an offence hasoccurred (enforcement officer only).

In certain circumstances (described below), councilauthorised officers can also enter premises (exceptvehicles) where an alarm is sounding and disablethe alarm (POEO Act, Part 7.4).

Contacting the owner or occupier

The owner of a property may be traced throughcouncil’s rates database and other informationavailable to council. Councils may also considerdeveloping a register of building alarms (bothmonitoring and standalone), with contact detailsfor owners and occupiers in the event that an alarmis activated. This may facilitate disabling an alarmwith the help of the person responsible for theproperty. Real estate agents may also hold sparekeys or alarm codes for premises they administer.

The security company that monitors an alarm(as may be displayed on a window sticker) may alsoprovide information about contacting the owner orbe able to disable the alarm.

A car alarm hotline is also available for the public toreport faulty car alarms. This service is provided bythe Australian Car Alarm Traders Association canbe found on their website atwww.users.bigpond.com/acata.

Issuing a Penalty Notice for sounding alarms

Enforcement officers from councils, the EPA, thePolice, and the Sydney Harbour ForeshoreAuthority may issue penalty notices for motorvehicle intruder alarms and building intruder

alarms. The Noise Control Regulation providestiered penalty levels so that a higher penalty isincurred for alarms that sound for longer periods.Where an alarm sounds for more than 24 hours thepenalty level is doubled. Where the alarm rings forlonger than 48 hours the penalty level is trebled.

A Penalty Notice can be posted or deliveredpersonally to the offender, as provided by section 224of the POEO Act. In the case of a building alarmsounding where there is no person available toimmediately serve a Penalty Notice to, then postingthe notice is appropriate.

Summarising the powers to enter premisesby Authorised Officers and the Police

Authorised officers may enter non residentialpremises without a warrant where offensivenoise has been, is being or is likely to becaused (s.196). In the case of residentialpremises Authorised Officers will need eitherthe permission of the occupier or hold a warrantin order to enter (s.197).

Police need a warrant to enter ANY premisesif denied entry to those premises (s. 280)

Note: Entry to residential premises (s. 197)only occurs on entry to the dwelling, not onentry to the land.

Entering premises (building alarms)

An officer may believe that the severity of the impactfrom a sounding alarm is such that taking action todisable the alarm is necessary. This may be the casewhen an alarm is making offensive noise for a longperiod (e.g. several hours or days) and where theowner or occupier cannot be contacted.

All other options for contacting the owner oroccupier and dealing with a noisy alarm should beevaluated before you decide that entering thepremises is necessary to disable the alarm andprevent the offensive noise from being emitted.

Council policy for noise from alarms

It is recommended that councils develop andadopt internal procedural guidelines for dealingwith noise complaints relating to alarms. Havinga formal procedure in place will allow councilofficers to know with confidence that they areacting in accordance with council policy whentaking action such as seeking a warrant to enterresidential premises.


Under Part 7.4 of the POEO Act, a councilauthorised officer can exercise a power of entry forthe purposes set out in section 184, which providesthat the power of entry may be exercised forpurposes including:

1. determining whether there has been compliancewith or a contravention of the POEO Act orRegulations, or a notice or requirement has beenissued or made under that Act (e.g. the offence ofcausing or permitting the use of a noisy buildingintruder alarm under clause 53 of the NoiseControl Regulation)

2. administering the Act and protecting theenvironment generally.

Council authorised officers can exercise the powerof entry only where council is the ARA. Councilenforcement officers (i.e. officers with the power toissue Penalty Notices under the POEO Act) canexercise this power of entry if it is being exercised inrespect of the officer’s functions as an enforcementofficer. (See POEO Act ss. 188(3) & 189A.)

Entry to residential premises requires occupierspermission or a warrant subject to POEO Act s.197.Authorised Officers do not have the power underthe POEO Act to enter residential premises (apartfrom crossing land to gain access to the dwelling)used only for residential purposes withoutoccupiers permission or a warrant.

An authorised officer can enter premises (other thanresidential premises) at any time (subject to POEOAct s. 197 in relation to residential premises) wherethe officer reasonably suspects that noise pollutionhas been, is being or is likely to be caused (POEOAct s. 196(1)(b)).

Noise pollution means the emission of offensivenoise, i.e. the noise being made by the alarm mustfall within the POEO Act’s definition of ‘offensivenoise’ for the entry to be authorised under section196(1)(b). If the noise is not offensive noise, then theauthorised officer or enforcement officer could enterthe premises at a ‘reasonable time’ relying onsection 196(1)(c). Alternatively, the authorisedofficer or enforcement officer could enter thepremises under section 196(1)(a) if the officerreasonably suspects that any industrial,agricultural or commercial activities are beingcarried on at the premises, at any time that thoseactivities are being carried out there.

The provisions of the Search Warrants Act 1985 thatapply to warrants issued under section 199 of thePOEO Act do not require the premises to beoccupied when the warrant is executed. However,the Search Warrants Act 1985 does require that an‘occupier’s notice’ be served on the occupier as

soon as practicable after the warrant is executed ifthere is no-one at the premises who appears to be 18years or over and to be the occupier.

Note: The Search Warrant Act is soon to be repealed.It will be replaced by the Law Enforcement (Powersand Responsibilities) Act 2002. Search warrants willbe issued under Part 5 of that Act.

The magistrate who authorises the warrant mustalso issue the occupier’s notice, which must containa summary of the nature of the warrant and thepowers conferred by the warrant. An occupier’snotice must specify:

• the name of the person who applied forthe warrant

• the name of the authorised justice who issuedthe warrant

• the date and the time when the warrant wasissued, and

• the address or other description of the premisesthat is the subject of the warrant.

More details are provided in section 15 of the SearchWarrants Act 1985.

Authorised officers and enforcement officers can usereasonable force to enter premises and can engage theassistance of Police officers and other people capableof helping with exercising functions under the POEOAct.

An authorised officer or enforcement officer has thepower to switch off the alarm under section 198(1) ifthe officer is of the opinion that switching off thealarm would be for the purposes set out in section184 (see above). Section 198(2) specifically listssome of the actions that an officer may take undersection 198(1); this includes seizing the alarmwhere the officer has reasonable grounds forbelieving that the alarm is connected with anoffence against the POEO Act or the Regulations.Note: In relation to an enforcement officer, theoffence concerned must be one for which the officercan issue a Penalty Notice.

Police powers of entry for alarms

Police do not have the power to enter premises forthe purpose of disabling an alarm (POEO Act,Part 7.4).

Police officers have the power to enter premises(with a warrant) only to serve a Noise AbatementDirection or to investigate whether the direction hasbeen breached (POEO Act s. 280). However, Policecould seize or secure a sounding alarm undersection 282 of the POEO Act, but only if the alarm isbeing used to contravene a Noise AbatementDirection and the person in charge of the alarm has


been warned that its continued use may lead to itsseizure (POEO Act ss. 275–279). See section 4.2.2 ofthis Guide.

Liability for damages

Council could be liable to pay compensation forany damage caused by the authorised officer orenforcement officer in exercising a power of entry,unless the occupier obstructed or hindered theofficer in the exercise of that power (POEO Acts. 202).

It is also possible that compensation may bepayable for any damage caused by the officer inexercising other powers while at the premises (e.g.in relation to switching off or seizing the alarm).Council should obtain its own legal advice if it isconcerned that damage may be caused by itsactions.

Before using a power to seize or switch off an alarm,councils and council officers should consider issuessuch as:

• the continued security of any premises thathave been legally and forcibly entered. Considerarranging for a locksmith to assist in entering thepremises and securing it on leaving (e.g.installing new locks)

• technical difficulties that may be encountered indisarming sophisticated alarm or securitysystems. Arranging for an alarm specialist toattend may be beneficial for quickly disablingand avoiding damage to the alarm system

• damage that may occur to the occupier’s orowner’s property as a result of disarming thealarm (e.g. if the power is switched off or thealarm system is damaged)

• the question of whethercompensation will be payable tothe occupier or owner for anydamage caused by the actions ofa council officer.

4.3.3 Motor vehicle noise

Provisions enforced by council andPolice include:• use of motor vehicles on

residential premises (NoiseControl Regulation clause 15)

• refrigeration units fitted to motorvehicles (Noise ControlRegulation clause 16)

• vehicles operating in placesother than roads; e.g. trail bikes(Noise Control Regulationclause 14)

• motor vehicle sound systems (Noise ControlRegulation clause 17).

Vehicle noise is managed in two ways, discussedin detail below:• restricted times for vehicles on residential

premises and for refrigeration units fitted tovehicles (Table 6)

• offensive noise provisions for vehicles usedoff-road and for vehicle sound systems.

Motor vehicles on residential premises(POEO(Noise Control) Regulation clause 15)

A vehicle must not be operated on residentialpremises so that it can be heard in a habitable roomof another residential premises within the restrictedtimes, apart from when the vehicle is entering orleaving the premises. An offence will be committedwhere the required warning has been issued and aperson causes or permits the vehicle to be used insuch a manner within 28 days of the warning. Anexample of where this clause would apply is wherea vehicle at a residential premises is being revved orthe engine is left running for an extended period. Asa guide, an extended period might be longer than 5to 10 minutes.

Trail bike noise can be annoying, especially whenoperating along fire trails near dwellings.


Table 6: Restricted times of use for vehicles

Type of noise:

Motor vehicle used on residential premises (except whenentering or leaving) (POEO (Noise Control) Regulation, cl. 15)

Refrigeration unit fitted to a motor vehicle (POEO (NoiseControl) Regulation, cl. 16)

Times for which restrictions apply:

Before 8.00 am or after 8.00 pm on any Saturday, Sunday orpublic holiday

Before 7.00 am or after 8.00 pm on any other day

This clause does not cover the noise from an engineif the vehicle is on a public road. This situation iscovered by Rule 291 of the Australian Road Rules(applied in NSW under the Road Transport (Safetyand Traffic Management) (Road Rules) Regulation1999) which makes it an offence to start or drive avehicle in a way that makes unnecessary noise.Police and RTA officers can enforce this provision.

The operation of a vehicle on residential premisesshould not cause offensive noise to a neighbour atany time of day (see clause 14).

Refrigeration units on motor vehicles(POEO (Noise Control) Regulation clause 16)

This clause is intended to apply to vehicles fittedwith refrigeration units used to keep freight cold.An example might be frozen food delivery trucksparked with their refrigeration units left runningfor extended periods.

Conditions under which restricted times of useapply, including the provision of warnings, thedefinition of ‘habitable room’ and the noise testapplied are the same as described in section 4.3.1 ofthis Guide.

Vehicles operating in places other than roads(POEO (Noise Control) Regulation clause 14)

‘Places other than roads’ means places other thanan area open to the public, or used by the public,which was developed for, or has as one of its mainuses, the driving or riding of motor vehicles.Examples include the use of trail bikes, four-wheel-drive vehicles and dune buggies operating in placesother than roads. This may include private or publicland, fire trails, bushland and recreation areas.

The regulation makes it an offence for vehiclesoperating in off-road locations to cause offensivenoise. This could include noise affecting neighbours,people enjoying passive recreation on adjoiningparks, or pedestrians.

Sound systems in motor vehicles (POEO(Noise Control) Regulation clauses 17 and 17A)

Offensive noise can result from motor vehicle soundsystems operated at high volume. Often the musicplayed in motor vehicle sound systems may havemost of its energy in the lower frequencies. Suchnoise can travel further and is less attenuated bybuilding facades.

Clause 17 makes it an offence for ‘a person to causeor permit the sound system of a motor vehicle to beused in such a manner that it emits offensive noise’.Clause 17A took effect from 1 July 2002 and is verysimilar to clause 17 except:

• under clause 17A, only the driver of the vehiclecan be guilty of an offence, and demerit pointswill be recorded against the licence of a driverwho is fined. As the vehicle must be pulled over toissue a fine, only the EPA and Police can enforcethis clause; and

• clause 17A applies where the motor vehicle isbeing driven or used on a road or road-relatedarea, whereas clause 17 does not contain anylimitations regarding the location where themotor vehicle is being used.

No general noise limits apply to situations coveredby offensive noise requirements. Section 2.3 providesdetails on how to assess whether noise is offensive.

Penalties

Where an offence has occurred under clause 14 or 17of the Noise Control Regulation, both the driver andthe owner of the vehicle are taken to be guilty of theoffence (see Noise Control Regulation clause 20A).This means that if a council enforcement officerwishes to issue a Penalty Notice, then it can beposted to the owner of the vehicle. The owner willnot be liable if the owner was not in the vehicle atthe time and provides a written statementnominating the driver at the time of the offence.

Equity in penalties

Clause 20A of the Noise Control Regulation allowsthe owner of a vehicle issued with a Penalty Noticefor offensive noise under clause 14 or 17 to nominatethe driver as the offender when the owner was not inthe vehicle at the time of the offence. This means thatthe person responsible for causing the offensivenoise would be responsible for paying any fine. ThePenalty Notice issued to the owner must bewithdrawn and new one must be issued to thedriver.

A similar system applies in relation to noise fromvessels (see Noise Control Regulation clause 30A),littering from motor vehicles (see POEO Act s. 146),and for speeding and parking offences under theroad transport legislation.


Table 7: When to prosecute or issue a Penalty Notice

Prosecution Penalty Notice

Serious breach of the Act or Regulations. Minor breach of the Act or Regulations. The facts are obvious.

Problem is a continuing situation whereprevious enforcement action has been unsuccessful.

Education and other enforcement actions have failedto change behaviour. More important to addressthe serious breach.

Want to deter similar offences—successful prosecutionmay help change others’ behaviour.

Larger penalty more suitable for the nature of the offence.

Problem is a one-off situation and can be remedied easily.Up to two Penalty Notices may be reasonable for the sametype of offence.

A Penalty Notice is likely to be a viable deterrent.Opportunity to educate the noisemaker given thatPenalty Notice is immediate.

Smaller fine is suitable for the nature of the offence.

4.4 Traffic noise

Through road transport legislation, councils canimpose vehicle weight restrictions and speed limitson certain roads, which can affect the level of noisegenerated by traffic on local roads. The design andlocation of traffic management structures(roundabouts, speed humps, chicanes etc.) canalso (sometimes adversely at the location where thedevices are installed) affect traffic noise generation.Consideration of noise impacts should be madewhen planning traffic management measures,particularly in residential streets.

Council may wish to refer to the NSW EnvironmentalCriteria for Road Traffic Noise (ECRTN) to assist intheir assessment of road traffic noise impacts.The RTA’s Environmental Noise Management Manualprovides additional advice on implementing theECRTN and information on best practice roadtraffic management.

4.5 Dealing with warningsand offences

For the following clauses in the Noise ControlRegulation, a properly given warning needs to beissued to the noise maker before an offence canoccur. It is an offence if the noise occurs within 28days following the issue of a warning. Theseclauses are:

15–Use of motor vehicle on residential premises

16–Use of refrigeration units fitted to motorvehicles

32–Use of sound systems on vessels

50–Power tools and equipment

51–Musical instruments and sound equipment,and

52–Air conditioners.

Similarly, a Noise Abatement Direction (POEOs. 276) is also a warning in the same way.

It is in the interests of the Police and council tofoster a good relationship in relation to noisematters. Therefore, cooperation between Police andcouncil regarding Noise Abatement Directions andwarnings under the regulation is encouraged as aneffective approach to managing noise issues. Underthe POEO (Penalty Notices) Regulation 1999 theEPA, councils and Police have powers to issuePenalty Notices for the offences listed above. Wherea Noise Abatement Direction is given by one agencythen another agency may be able to issue a PenaltyNotice relating to that Direction. Case Study 3describes a situation where this happens. Howeverthis is not a recommended course of action as it ismore effective for council or Police to follow uptheir own Directions. It is good practice for councilofficers to inform local police about NoiseAbatement Directions that Council has issued,especially where it is likely that the problem willre-occur at night when council staff are off duty.

Offences under the POEO Act and Noise ControlRegulation can be prosecuted in a court.Alternatively, Penalty Notices can be issued.The choice of taking either prosecution orPenalty Notice proceedings is available for alloffences that are enforced by councils.

Prosecutions for offences against the POEO Actand the Noise Control Regulation are criminaloffences and must be proved beyond reasonabledoubt. Sections 217, 218, 219, and 221 of the POEOAct identify who may institute criminal proceedingsand for which offences.

Maximum fines for a prosecution of an offenceagainst the POEO Act or Regulations are generallylisted with the relevant section or clause.


The EPA Prosecution Guidelines provide guidance ondeciding when to prosecute or issue a Penalty Noticewhen an offence has been committed. Some of thethings to consider when deciding whether toprosecute or issue a Penalty Notice for a breach ofthe POEO Act or Regulations are listed in Table 7.

Once a particular occurrence of an offence has beendealt with by issuing a Penalty Notice, it is notpossible to proceed with a prosecution of the sameoccurrence of the offence. However, where a PenaltyNotice has been issued and it becomes apparent thatthe offence is too serious to be dealt with by PenaltyNotice, the notice can be withdrawn within 28 daysof being served (even if the penalty required by thenotice has been paid) and a prosecution can proceed(see POEO Act s. 228).

4.5.1 Dealing with offencescommitted by minors

Issuing Penalty Notices to people under 18 (minors)can be complex. In many cases it will be moreappropriate to issue a warning, because specialprocedures apply when interviewing, issuingPenalty Notices or taking court action againstchildren.

Where it is deemed appropriate to issue a PenaltyNotice to a young person, seek legal advice.

• For children less than 10 years of age, it is notpossible to issue a Penalty Notice, as they arepresumed incapable of being guilty of an offence.In addition, the Fines Act specifically excludeschildren under 10 years old from being fined.

• Children aged 10 to 14 years can be issued witha Penalty Notice. However, if the matter wasreferred to the court for consideration then theprosecutor (e.g. council) would need to show thatthe child knew that what they were doing waswrong. The matter would be heard in theChildren’s Court and lower penalties wouldapply.

• Young people aged 15 to 17 years old can beissued with a Penalty Notice. If the Penalty Noticeis referred to court it would be heard in theChildren’s Court and lower penalties wouldapply.


Case study 1Using a Noise Control Notice

Noise from a commercial premisesaffecting residents

Wylawong Council received a complaint froma resident about noise from the exhaust fan at theHappy Tucker Takeaway. The takeaway operatesfrom 11 am until 1 am, which is consistent with thedevelopment consent for the premises. The neighbourhas told council that it is the noise of the exhaust fanoperating at night that is the main problem.

Helen, the council Environmental Health Officer(EHO), knew that council was the ARA for sucha premises, even though there had never been anyprevious problems with the Happy TuckerTakeaway. She visited the site during the day andcould see that the exhaust system was very old andpretty noisy. The ducting was loose-fitting andrattled, while the exhaust fan had a distinctive whineand was also very noisy. She decided that she neededto measure the noise from the exhaust system. Shethought a Noise Control Notice would probably bethe most appropriate instrument to use in thissituation, as there is only one noise source. Therewas certainly work that could be done to reducenoise, and it was reasonable to set an acceptablenoise limit that needed to be met.

Helen measured the noise from the takeaway shop’sexhaust system during the day, during her initialvisit and also late at night, just after midnight, asthe complainant had identified night time operationas a particular problem. Helen also took backgroundnoise measurements (LA90, 15 min) in the morning justbefore the exhaust fan was turned on and late atnight just after the fan was turned off.

Helen applied the intrusive noise criteria(background plus 5 dB(A)—see section 2.4.1Intrusive noise) to determine whether noise fromthe exhaust system was likely to be intrusive. Shecompared the intrusive noise criteria (backgroundplus 5 dB(A)) with her readings of the exhaust systemoperating. Helen’s results are recorded in Table 8(see next page).

Clearly, noise from the exhaust system was intrusiveduring the night and marginal during the day. Thewhine from the fan could also have justified a tonaladjustment to the measured noise levels (seecorrection factors in Appendix 2), but Helen decidedthat if the exhaust system were properly repairedthe whine would also be fixed. Helen decided thatshe would include a note regarding tonality in thenotice.

Part 5 Case studies

Noise management tools

Case study 1Using a Noise Control Notice

Case study 2Using a Prevention Notice and aCompliance Cost Notice

Case study 3Using a Noise Abatement Direction

Case study 4Using the POEO (Noise Control) Regulation2000—Time of use provisions

Case study 5Using a Noise Abatement Order

Noise sources

Case study 6Noise from garbage collection

Case study 7Noise from an open air concert andpublic address system

Case study 8Noise from a motor sport facility

Case study 9Noise from a repeatedly barking dog

Case Study 10Choice of appropriate noise descriptorsto measure a particular source


The Noise Control Notice she prepared requiredthat:

noise from the exhaust system at the premises, includingducting and fan, must not exceed the following noiselimits when measured at a point on the rear boundary with15 Currajong Street and 2 metres from the northernboundary:

• during daytime (7.00 am – 10.00 pm)52 dB(A) LAeq 15 min

• during night time (10.00 pm – 7.00 am)46 dB(A) LAeq 15 min

NOTE: When measuring the noise level forcompliance purposes, corrections may need to beadded to the measured noise level if the noisecontains dominant tonal, low-frequency, impulsiveor intermittent components as defined in the NSWIndustrial Noise Policy.

Helen advised the complainant of her actions andindicated that the notice had a 21-day appealperiod before it took effect. Helen was contacted bythe proprietors shortly after receiving the notice andadvised that a contractor would be looking at thesystem. Helen advised the proprietor that beforeexecuting any building works they should consultwith council’s planning department to checkwhether development consent would be required.

What if ...

If Helen had decided to use a Prevention Noticeinstead of a Noise Prevention Order she would nothave needed to include noise limits (and so couldhave avoided taking measurements). She couldhave instead specified that the owner/operatorinvestigate options for noise reduction on the basisof what could be achieved using feasible andreasonable mitigation measures. A second part to aPrevention Notice would then have specified thatthese measures be implemented by a specified timewith monitoring to assess whether the measuresperformed as predicted. Monitoring results or areport about the improvement could also berequested.

After the work was completed, Helen conductedan inspection of the takeaway shop and noteda significant noise reduction at the boundaryassessment location. Noise measurements indicatedthat the noise limit was not exceeded. Thecomplainant also acknowledged a significant noisereduction. Helen then noted the notice as compliedwith.

Case study 2Using a Prevention Noticeand a Compliance Cost Notice

Joe’s Cabinetmaking Shop has been operating at theend of a residential street for over ten years. The areais a mixed-use zone with houses on the opposite sideto Joe’s Cabinetmaking Shop. Joe’s business hasgrown progressively, and much of the work is nowcarried out in the open in what was once a parkingarea.

Council received a noise complaint from two of thenearest residents. They had a number of issues thatwere concerning them. The timber storage area hada circular saw which operated on and off throughoutthe day. Other power tools were also clearly heardin the neighbouring houses. Joe’s cyclone (dustextraction system) was also contributing tocomplaints, as it had not been well maintained,and rattled away, creating noise that intruded onthe surrounding neighbourhood. Joe also listens tothe radio while working, as it helps him concentrate.At the time of the complaint Joe had recentlyreceived a few big orders and had extended hisoperating hours. He was now working Monday toSaturday, until 10.00 pm most nights, havingstarted at 7.00 am.

Before visiting the premises, Claudia (the council’sEHO) checked council files and found that Joe’sdevelopment consent was quite old and did notcontain any conditions regarding hours ofoperation or noise limits. Claudia then visited thesite to investigate the neighbours’ noise complaints.She noted the noise from the cyclone, circular sawand the various power tools. All were clearly

Table 8: Noise measurement results—Happy Tucker Takeaway exhaust system

Background noise level Noise limit on notice Noise from Reduction(without exhaust system) (B/g +5 dB(A)) exhaust system required

Day 47 dB(A) LA90 15 min

52 dB(A) LAeq 15 min


3 dB(11.00 am–10.00 pm)

Night 41 dB(A) LA90 15 min



8 dB(10.00 pm–1.00 am)


audible in the neighbours’ properties. She notedthese observations and described the nature of thenoise and the locations of the various items ofequipment in her notebook. Claudia also decided totake noise measurements. The background noiselevel in the area at 10.30 am was LA90, 15 minute

37 dB(A). This meant that the intrusive noise criteriafrom the NSW Industrial Noise Policy would beLAeq, 15 minute 42 dB(A).

Claudia then took several noise measurementsduring periods when the activities of Joe’sCabinetmaking Shop were clearly audible anddominating the acoustic environment. Claudiarecorded the following measurements and noted theactivities in Joe’s premises that were audible:LAeq, 15 min 52, 54 and 58 dB(A).

Claudia visited Joe’s Cabinetmaking Shop and toldJoe that council had received a complaint aboutnoise from his factory, and that on the basis of herobservations and initial noise measurements thenoise was unreasonable. Joe was not pleased. Sheasked him about some of his work practices, such aswork being done in the old parking area, use of thecircular saw in the open and his operating hours.Joe insisted it was his right to carry on his businesswhatever way he saw fit. Claudia advised that shewould be in touch again to discuss what Joe wouldneed to do to improve the situation.

From previous experience with a similar operation,Claudia formed the opinion that Joe’s activities werenot being carried on by such practicable means asmay be necessary to prevent, control or minimisethe emission of noise. That is, the activities atJoe’s workshop were being carried out in an‘environmentally unsatisfactory manner’ withinthe meaning of the POEO Act.

Claudia decided to serve a Prevention Notice on thecompany to ensure Joe addressed the noise problem.The Prevention Notice required Joe to prepare anaction plan to prevent, minimise or control noisefrom the activities at the workshop and to submit itto council within 4 weeks (commencing from the endof the 21-day appeal period). The Prevention Noticespecified that the written action plan should:

• be prepared by a suitably qualified acousticconsultant

• identify possible mitigation measures, includingchanges to the operating time, location and use ofequipment, and the cost effectiveness of installingnoise insulation for equipment

• be completed within four weeks (of the endof the appeal period).

Claudia considered a Prevention Notice mostappropriate in this situation, as there were manynoise sources and the noise problem was mostly

due to the poor management of the noise impacts.An administration fee of $320 was charged forpreparing and issuing the notice.

Claudia advised the complainants of her action andlet them know that the notice had a 21-day appealperiod, during which time the notice would have noeffect. Claudia revisited Joe’s premises after theappeal period and inquired about his progress. Joeadvised that he had not yet taken any steps to complywith the notice, as he had been busy. Claudia advisedJoe that non-compliance with the notice was anoffence and that he could be fined if the requirementsof the notice were not met by the date specified.

Joe subsequently submitted an action planthat addressed the noise problem through bothoperational and engineering measures. Claudiathen signed off the notice. She then issued a secondPrevention Notice requiring the implementationof the action plan recommendations within a three-month timeline she negotiated with Joe.

Claudia subsequently spent considerable timechecking compliance with the Prevention Notice inregard to implementation of the action plan, as Joewas slow to respond. She discussed the possibilityof serving a Compliance Cost Notice with hermanager, as she had kept good records of monitoringand compliance activities. This would require Joe topay the reasonable costs incurred by council inensuring that he complied with the notice. Followingimplementation of the recommendations of the actionplan, the impact of the operations of Joe’s businesswas significantly reduced, as Joe was now takingpracticable means to control, prevent and minimisethe emission of noise.

The complainants were advised of the result ofcouncil action. The complainants also acknowledgeda significant noise reduction. Claudia then noted thatthe notice had been complied with.

What if ...

A Noise Control Notice could have been used, butit would have been onerous to specify limits for eachof the various activities undertaken and then todetermine what mix of sources was likely to makeup a total noise level at each receiver location.Compliance for complex sources may be difficultor time consuming to establish compared withestablishing compliance for specified activities andnoise control measures, which can be easilydemonstrated.


Case study 3Using a Noise Abatement Direction

A noisy stereo

On one Friday afternoon council received severalcalls from residents of Rock Street complaining aboutloud music coming from another house in their street.Steve, the council’s Environment and Health Officer,rang Ms Miller, one of the complainants, and askedher to describe how loud the music was either insideor outside her house. Ms Miller responded that themusic was extremely loud everywhere and shecouldn’t even hear her favourite daytime TVprogram. Steve then went to investigate and couldhear the loud music as he turned into the street.Steve initially visited Ms Miller’s house to evaluatethe noise there. Steve considered the definition ofoffensive noise in the POEO Act (see the list ofoffensive noise considerations in section 2.3 of thisGuide). He decided that the music was definitelyoffensive noise as it was dominating the wholeneighbourhood, and was very likely to be interferingunreasonably with the comfort or repose of peoplein several houses in Rock Street.

Steve then visited the premises where the music wascoming from. The music was so loud there that theresident, Elton, did not hear Steve’s knock at the dooror hear him call out. After eventually gaining Elton’sattention Steve decided to issue a Noise AbatementDirection and explained to Elton that to comply heneeded to keep the volume turned down so that itwas not loud or annoying to the neighbours. Hecould check this by having a volume setting that didnot dominate over other noise sources when heardat the neighbour’s boundary and that this conditionwould last for 28 days.

Elton then turned the volume of the sound systemdown. No sooner had Steve returned to the officethan more complaints came in from Rock Street.Steve visited again, performed an assessment of thenoise and found that the sound system was beingplayed so loudly that it was again offensive and inbreach of the Noise Abatement Direction that hadbeen given earlier that day.

Steve decided to issue a Penalty Notice to Elton asthe occupier of the premises for the offence of‘contravening a Noise Abatement Direction’ , with anon-the-spot fine of $200. He also warned Elton thatif he persisted in playing his sound system soloudly while the direction was in place, he could beissued with another Penalty Notice or beprosecuted. Steve also explained to Elton that undersection 282 of the POEO Act, police could also seizehis sound system if he continued to make offensivenoise.(Police can only seize the sound system if they

are aware that the operation of the sound system isbreaching a current Noise Abatement Direction).

Steve later advised the complainants Ms Miller andMr Jones about the action he had taken. Ms Millersaid that she could still hear the music, althoughonly faintly when it was turned down, and wasconcerned that even at this reduced level it mightinterfere with her sleep at night if it continued likethat. Steve told her that after midnight clause 51 ofthe Noise Control Regulation required that allamplified music must not be audible inside ahabitable room in her house. This additional controlwas designed to protect against sleep disturbanceby preserving a quiet time at night.

What if …

What if council had night ranger patrols, and Steveresponded to the initial complaint after midnight?In this case Steve had the option of issuing a warningunder the Noise Control Regulation ‘Time limits onthe use of certain articles’, Clause 51, ‘Musicalinstruments and sound equipment’, instead of aNoise Abatement Direction. The main difference inusing the Regulation is that the noise test ofaudibility is much stricter than the offensive noisetest but easier to perform, as the question simply is‘can the music be heard or not in a habitable room?’However, this test relates to a location inside theneighbour’s house. Normally a complainant wouldallow access inside their house, as it is their interestfor the test to be properly performed. However,failing this Steve could have made a judgement bystanding outside the complainant’s house, observethe noise level and estimate whether the noise wouldbe audible inside the house on the basis that theloudness would be approximately halved wheninside (i.e. a drop of about 10 decibels).

Before leaving the office that evening and beingmindful that council did not have an after hourscomplaints service, Steve decided the situation wasserious enough and the potential for continued noiseproblems great enough to notify the Police of thesituation.

Steve spoke to Constable McGarrett of the local Policeto notify him of a potential noise problem. Steve gaveConstable McGarrett a summary of his actions duringthe day and said there was a strong possibility thatthey may receive further complaints from RockStreet that evening. Steve stressed that heconsidered the noise at the time to be offensive andElton’s response to date poor. Constable McGarrettthanked Steve for the notification and advised theduty officers of the situation.

As per Steve’s prediction, the Police responded toa complaint at 12:05 am at Elton’s Rock Streetresidence. On the basis of his earlier conversation


with Steve, Constable McGarrett decided to issueanother on-the-spot fine for $200 for an additionalbreach of the Council Noise Abatement Directionand told Elton that, on the basis of his discussionswith Council earlier that afternoon, if the Policereceived another complaint he would be taken tocourt and prosecuted for breaching the direction, andfurther he would seriously consider seizing the soundsystem. Elton decided he had pushed his luck farenough and the Police received no further complaintsfrom Rock Street.

Case study 4POEO (Noise Control) Regulation2000—Time of use provisions

A swimming pool pump operated until 11.00 pmon most nights during the summer. A neighbourdisturbed by the noise had previously asked the poolpump owner (who was also the occupier of thepremises) to stop the noise. When that didn’t stopit the resident then complained to council.

Dave, an authorised officer, visited the site duringthe day and established that the pump could clearlybe heard in the complainant’s home. He reasonedthat if it was clearly audible during the day then itcertainly would be audible during the restrictedtimes as set out in clause 50 of the Noise ControlRegulation. He then gave a warning under theRegulation to the owner of the pool pump, as he wassatisfied from statements from the complainant thatthe pump had been audible within a bedroom duringrestricted hours within the last seven days. He alsoasked the complainant to make a written record ofthe date and time when any further occurrences ofthe noise took place.

Despite the warning given to the owner of the poolpump, council received more complaints from theneighbour. A council ranger visited the neighbour’spremises after 10 pm that evening and, from withinthe complainant’s bedroom, heard the pumpoperating. On the basis of the evidence of the ranger,Dave was satisfied that the warning had beenbreached and served a Penalty Notice on the ownerof the pool pump.

The complainant was told what had been done aboutthe problem, and was advised to contact council ifthe problem persisted.

If a ranger had been unable to attend the premises:

• Dave would have asked the complainant to makea signed statement that the pump was audibleinside a habitable room in his home duringrestricted hours (specifying the dates and timeswhen he heard the pump) and how it was affecting

him. The record of times kept by the complainantof when the noise was heard would have helpedin making the statement.

• Dave could also have considered whether he hadenough evidence to issue a Penalty Notice. Todo so, he would have had to assess whether theevidence provided by the complainant wascredible and reliable, and whether there wasenough evidence to prove that the offence hadbeen committed should the pool pump owner electto have the matter heard in court. Dave would alsoneed to consider whether the complainant wouldbe willing to give evidence as a witness in court.

Case study 5Using a Noise Abatement Order

Maria has a neighbour called Elvis, who is a memberof a rock band. Elvis practices the guitar at home onmost days and sometimes at night until midnight.She tried to negotiate with him to restrict his playingto certain hours and to play in a room that was notfacing her house, all to no avail. Council alsoprovided some mediation without result. Bothcouncil and the Police at separate times visitedMaria to determine whether the noise was offensive.Both authorities concluded that the noise wasnot offensive at the time of their visit and did notformally warn Elvis.

Maria felt that for her the noise was indeedoffensive and required further action. Counciladvised Maria that although they were not takingany further action she could, as an individual, takethe matter further by seeking a Noise AbatementOrder from her local court (POEO ss. 268–274).These Orders are served on the person making theoffensive noise, requiring that the offensive noise beabated or that the offensive noise be prevented fromrecurring.

Maria called her local court and, after being directedto the Chamber Magistrate, discussed the process ofobtaining a Noise Abatement Order. The ChamberMagistrate advised her on what the local courtneeded to proceed with an Application Notice fora Noise Abatement Order, which was:

• a full description of the alleged noise problem,giving details about the type of noise, its loudness,especially in relation to other noise normallyheard, dates, times of day, duration of the noise,whether the noise had annoying characteristicsand the number of incidents during the week

• any action that Maria had already taken to tryand resolve the problem

• name, address and contact details (if known)of the alleged noise maker


• statements from witnesses supporting Maria’saccount of the noise.

These requirements should be discussed withthe Chamber Magistrate before making a formalapplication for a Noise Abatement Order.

Adequate evidence may include signed statementsfrom two witnesses corroborating Maria’s account(witnesses need not declare that they found the noiseoffensive too, only confirm that the noise had beenemitted at the time stated by Maria.)

Although the burden of proof will be the same inall local courts, different courts may vary as to thenature and type of evidence that the magistrate mayrequest, to assess whether an order should be made.

During the meeting the Chamber Magistrateadvised Maria of the implications of filing theApplication Notice as well as the time required andpotential legal costs of proceeding. The legal costsmay include her legal representation, thedefendant’s legal representation and nominal courtcosts.

What if … (1)

What if Maria had approached her neighbour aboutseeking a mediated solution at their local CommunityJustice Centre (CJC)? CJCs offer a free, localmediation service with a 90% success rate inresolving disputes where both parties are willingto negotiate. Chamber magistrates often require thiscourse of action before considering an application tothe local court. CJCs avoid the time-consuming andpotentially expensive legal process. However,attendance at the CJC is voluntary, and both partiesmust agree to attend the mediation session. Itwould be futile to require a person to attendmediation if they were unwilling to negotiate asolution to the problem. Local CJCs are listed athttp://www.cjc.nsw.gov.au.

Elvis did not believe he was causing a noiseproblem and told Maria he was unwilling to attenda CJC session. Maria decided to pursue the NoiseAbatement Order option.

Maria had been noting the details of the offensivenoise in her diary and collected the requestedevidence and neighbours’ statements. She thencalled the Local Court and made an appointmentwith the chamber magistrate. The chambermagistrate advised Maria that sufficient evidencehad been provided to enable the court to assess thematter. Maria completed the Application Notice andsubmitted it to the court along with the fee of $61.

What if … (2)

What if Maria had been unable to convince herneighbours to provide statements? Manyneighbours are unwilling to become involved indisputes for fear of antagonising other neighboursor damaging established relationships. Also, Elvismay have neighbours who state that the noise isacceptable.

The magistrate has to determine that on theevidence presented it is more likely than not thatoffensive noise occurred; that is, on the balance ofprobabilities.

Elvis was served with a Court Attendance Noticein relation to the offensive noise complaint, andcontacted his lawyer. At the hearing of Maria’sapplication, Elvis’s lawyer sought to establish thatthe noise was not offensive by questioning Maria onher interpretation of offensive noise and argued thathis client had played his guitar for over three yearswithout complaint until Maria had recently movedinto the area. The Magistrate determined thatsufficient evidence had been provided to establishthat on the balance of probabilities (a civil standardof proof applying to the granting of a NoiseAbatement Order) Maria was being adverselyaffected and that the noise was offensive, havingregard to the definition provided in the dictionary ofthe POEO Act. The magistrate ordered Elvis toimmediately prevent any recurrence of offensivenoise from his playing of the guitar. After thehearing Elvis considered appealing but wasadvised that an appeal could be heard only by theLand and Environment Court. Considering the highcourt costs that may result from an appeal, Elvisdecided simply to ignore the Order.

The Sheriff of the Local Court served the Orderon Elvis the next day.

The loud music continued, and Maria continued tobe adversely affected. She rang the local court aboutgetting the court to enforce the Order and wasadvised that she would need to gather evidence sothat the court could consider whether the Order hadbeen breached and appropriate action for any breachof the Order. The offence of breaching a NoiseAbatement Order is a criminal offence. This meansthat the proof must be beyond reasonable doubt (andmeet a higher standard than the civil standard ofbalance of probability), so it could be more difficultfor Maria to satisfy the Court that an offence hasoccurred than when she initially applied for theOrder.

The court advised Maria that she should obtainstatutory declarations from witnesses to the activity,and that the witnesses may need to go to court tofurnish their evidence under oath if necessary, as


part of establishing her case beyond reasonabledoubt. Maria approached her neighbours andreceived two statutory declarations that the noisehad been emitted from Elvis’s residence at the timestated by her. In providing evidence to satisfy acriminal standard Maria’s neighbours may berequired to give evidence in court as witnesses.

Subsequently the court sent Elvis another CourtAttendance Notice to appear to answer the chargeof breaching the Noise Abatement Order, whichcarries a maximum fine of $3,300.

At the hearing Maria was required to give evidenceas a witness. Maria’s neighbours attended the hearingbut were not called to the witness box. Elvis’s lawyerwas unable to convince the court that Maria’sevidence and the two neighbours’ statutorydeclarations were inaccurate. In supporting his caseElvis provided a statutory declaration that hebelieved he kept the music volume at a reasonablelevel, and moved his speakers so that they facedaway from Maria’s house. The Court was satisfiedbeyond reasonable doubt that the Order had beenbreached. The magistrate fined Elvis $1,000,required him to seek professional advice aboutminimising the noise that was created when heplayed his guitar, and warned Elvis that he did notwant to see him taking up valuable court timeagain.

Now Maria occasionally hears Elvis’s guitar fromthe front of her driveway and she believes her timean effort in pursuing the Noise Abatement Orderhas been worth the reduction in noise in herneighbourhood.

What if … (3)

What if the magistrate was not satisfied beyondreasonable doubt that the noise was offensive andMaria was unsuccessful? In this case the magistratecould award costs to Elvis, making Maria liable forup to several thousand dollars. An award of costsgenerally includes the legal fees incurred by Elvis,and certain other expenses related to the matter.This would usually be in addition to Maria’s owncosts (legal and otherwise) that had been incurred.Both parties have the option of retaining legalrepresentation, and it is often the case that thedefendant will be represented. Other costs mayinclude engaging a specialist noise consultant andthe cost of collecting evidence if this is done by theconsultant. The time required to collect evidenceand statements and to attend court and thepossibility of having to pay another party’s legalcosts are among a number of things that should beconsidered before commencing legal action.Additionally, the level of proof required to prove abreach of an order is the criminal level of proof.

What if … (4)

What if Elvis continued to be in breach of the NoiseAbatement Order by continuing to play his guitarin the same manner as before? The Order continuesunless revoked by the court. Maria can collectevidence as before and Elvis can be required toappear before the court as before. If found guilty hemay be fined the maximum amount imposed by thelocal court. In addition, as Elvis has breached acourt order he may be in contempt of court, in whichcase he is subject to severe penalties.

Case study 6Noise from garbage collection

Council received a complaint from residentsabout noise from garbage collections at the localsupermarket in the early hours of the morning,usually about 2.30 am. Noise from the rubbishcollection included squealing brakes, reversingalarm, hydraulic arms to lift the large rubbish bins,the compactor, and the impact of the empty binhitting the ground.

The council officer investigating the complaintdecided to contact the supermarket and find outwhich company collects the rubbish. It wasestablished that the contractor was not collectingthe rubbish on behalf of council. The officer alsoasked the supermarket manager why collections arescheduled for 2.30 am. The supermarket managerexplained that the supermarket is open untilmidnight and so rubbish collection needs to occurwhen there is little traffic to ensure the safety ofcustomers and other motorists.

The manager told the council officer that therubbish contractor was Ray’s Rubbish Removals.The manager agreed to discuss the possibility ofeither earlier or later rubbish collections with therubbish contractors.

The council officer also contacted Ray of Ray’sRubbish Removals and explained that a number ofresidents had made complaints about the noise ofthe collections. He asked whether collections couldoccur before 11 pm or after 6 am. Ray said he wouldsee what he could do, but explained that the routewas pre-arranged.

The council officer has a number of options forresolving this problem:

• Negotiating a change to the rubbish collectionwith both the supermarket manager and therubbish contractor. The council officer has askedthe residents what times they would consideracceptable for rubbish collections at thesupermarket. They indicated that collections


before 10.00 pm or after 7.00 am would be moreacceptable, especially if the truck were abit quieter.

• Discussing options for better management ofthe rubbish collection services with the rubbishcontractor and supermarket manager. Improvedmanagement practices could include:

– relocating where the collection occurs– building noise barriers for the collection area

– using up-to-date equipment that uses ‘quieter’technology such as low-noise bin lifters

– maintaining rubbish trucks and brakingmaterials to minimise or eliminate noise suchas squeaky brakes

– educating drivers and collectors to be carefuland to implement quiet work practices

– setting more appropriate times for the rubbishcollection.

• Serving a Noise Control Notice or a PreventionNotice on the occupier of the premises(supermarket operator) or person carrying onthe activity (Ray’s Rubbish Removals). To issuea Prevention Notice the council officer wouldneed to be satisfied that the garbage collectionwas being carried on in an environmentallyunsatisfactory manner; that is, without takingsuch practicable means as may be necessary toprevent, control or minimise the emission ofnoise.

– A Noise Control Notice would prohibitnoise emissions above a specified limit (whenmeasured at a specified point) at certain times

from the rubbish collectionactivity. This would require noisemeasurements to be taken whenthe rubbish was being collected.

– A Prevention Notice wouldrequire certain action to be takento ensure the that rubbishcollection activity was carried outin an environmentally satisfactorymanner. The Prevention Noticecould restrict the operating hoursfor the rubbish collection at thesite or could require relocation ofcollection areas.

• Discussing options for newcontract specifications for garbagecollection with the supermarketmanager to avoid potential futurenoise problems.

– The Noise Control Regulationrequires mobile garbage

compactors to be labelled, showing themaximum noise level of the compactor.This is intended to provide the purchaserwith the choice of buying quieter rubbishtrucks or incorporating one or more of theimproved management practices listed above.

In this instance, discussions with the supermarketmanager and rubbish collector led to an agreementto conduct collections outside the period from10.00 pm to 7.00 am, and to consider whether thecollection site could be changed. The rubbishcollector agreed to talk to the drivers about keepingthe noise to a minimum. The council officeradvised the supermarket manager that he wouldprepare a Prevention Notice to formalise the newoperating times and that he would notify thecomplainants of the outcome. They agreed that thesituation would be reviewed in six months, or lessif more complaints were received in the interim.

Case study 7Open-air concert andpublic address systems

Last year council was inundated with complaintsabout noise from the annual community musicfestival. As in previous years, the organiser of thisyear’s event had planned to have three musicstages with musicians playing through the earlyhours of each morning over the three days of thefestival.

To avoid a repeat of the previous year’s complaintscouncil had developed and released a Managementof Outdoor Entertainment Events Policy . This policy

Noise from garbage collection can often be reducedthrough better work practices.


specified that all events must finish at midnight,that the LAmax noise level from the concert activitiesmust not exceed 75 dB(A) at the nearest residentialboundary and listed a range of managementmeasures that the organisers should take tominimise the noise outside the venue. (Note:Council could have prescribed other noise levelsthat it considered appropriate for the occasion andfor residents.)

This year Jill, council’s EHO attended meetings ofthe festival organising committee and providedadvice to the organisers about sanitation, foodhandling and managing noise from the festival. Thepreparation of most aspects of the event wasgenerally very good but Jill wanted to ensure thatnoise was managed better than in previous yearsand in a manner consistent with the new policy.

Jill considered two options available to council torequire the concert operator to comply withCouncil’s policy. These were:

1. to include conditions in the developmentconsent, or

2. to include conditions in the lease agreement.(As the concert was to be held in a council-ownedpark, council leased part of the park to theoperator for the purpose of holding the event.)

The conditions included the following:• Specifying the acceptable noise limits as well as

the operating times in advance of the event. Itspecified that the LAmax noise level from theconcert activities must not exceed 75 dB(A) at thenearest residential boundary, the location ofwhich was also specified and a midnight finishtime.

• Developing and implementing a noisemanagement plan, in consultation with council.

The noise management planincluded:

– siting the three stages to be asfar away from residents aspossible, and using thetopography of the site and an oldspectator stand at the footballground to provide some shielding

– orienting stages and speakersaway from residential areas

– instructing sound engineers foreach stage to keep the bass noisedown– keeping the local communityinformed about the music festival

operating times and providing them with acontact number for the event manager.

The community also had input into the noisemanagement plan.

Noise mitigation measures for the PA system usedfor crowd control purposes and announcementsincluded:

• only nominated people were permitted to use thePA system

• the system was not to be used for providingcommentaries

• speakers were small low-power units (horn<20 cm across and amp <30 watts) (in preferenceto fewer but more powerful speakers)

• speakers were mounted at a downward 45 degreeangle

• speakers were located as far down the polesas possible

• units were attached to a sound level limiter,so a maximum noise level could not be exceededregardless of volume control or commentator’svoice. This included removing the volume controlafter a suitable volume was been preset.

What if …

Council’s other option was to issue a Noise ControlNotice under Section 264 of the POEO Actspecifying acceptable noise limits and operatingtimes. However, Jill could not have required thedevelopment and implementation of a NoiseManagement Plan under a Noise Control Notice.Jill helped the organisers choose the orientation andlocation of the three main stages and the location ofamplification equipment so that they were as faraway from residential areas as possible.

Concert noise can be reducedthrough thoughtful event planning


Jill also participated in the sound check the daybefore the festival which involved playing musicfrom each of the three stages and taking noisemeasurements at a number of nearby residentiallocations. This helped both the event organisersand the council to establish suitable volumes forthe event. Following the sound check the eventorganisers were confident that the noise limitsspecified in the conditions could be met.

Noise monitoring by council officers during theevent indicated that the Order had been compliedwith, and it was subsequently noted as finalised.

NOTE: Only the appropriate regulatory authoritycan issue a Noise Control Notice. In most instancesthis will be the local council, however the EPA hasbeen declared as the appropriate regulatoryauthority for outdoor entertainment activities (e.g.concerts, festivals and cinematic, theatrical andsporting events) at specified premises (The RoyalBotanic Gardens, the Domain, Centennial Park,Moore Park, Parramatta Stadium, Sydney Cricketand Sports Ground, Homebush Bay, SydneyHarbour Foreshore, the Opera House and DarlingHarbour) which involve at least 200 people andwhere sound amplification equipment is used. TheEPA is also the ARA for any rehearsals, soundchecks and other preparation activities related tothese events. See clause 67 of the POEO (General)Regulation for details.

Case study 8Noise from a motor sport facility

Motor sport activities can be very loud, especially whenracing vehicles are bunched up.

Council received inquiries about a proposal toestablish a motor racing facility, which wouldinvolve drag racing and circuit racing. Counciladvised that any proposal for such a facility wouldrequire a noise assessment predicting noise impact

from the proposed development. Council furtheradvised that the noise assessment should beundertaken in two stages. The first stage wouldfocus on site planning, thereby providing input intothe facility location, siting and orientation. Thesecond stage would address operational noiseimpacts.

In this scenario the noise assessment should assess:

• the sound power level of the different typesof racing vehicle

• the number and type of events planned for thefacility (e.g. drag racing, motocross, circuit racing,speedway or go-karts)

• the number and location of racing cars on thecircuit and in any pit or warm-up areas

• potential meteorological effects on noisepropagation and impacts in the surroundingarea (the NSW Industrial Noise Policy providesguidance on this aspect).

The noise assessment should also identify thevehicle numbers on the track and theirconfiguration with the potential to cause maximumnoise impact. Noise modelling that is applied toeach proposal should be compared with actualmeasurements that would serve to validate themodel for this use.

Council also asked that the noise assessmentprovide noise mitigation strategies for the facility aswell as predicted noise level reductions. Councilexpected that such an assessment would discussthe feasibility of the following noise mitigation andmanagement options.

On-site noise mitigation

• Orient the track to use existing topography toreduce noise at noise-sensitive receivers.

• Locate very noisy racing track types (e.g. dragracing) furthest from noise-sensitive receiversand orient them to minimise noise.

• Use earth mounds and barriers.

Noise source controls

• Use effective mufflers on racingvehicles and require all vehiclesto meet Confederation ofAustralian Motor Sport noisespecifications.

• Implement a program for testingthe noise of racing vehicles toensure they meet racingassociation noise limits.


Operational noise controls

• Restrict times for practice and race days.

• Use respite periods during the racingschedule of an event.

• Limit of the number and type of events.

Receiver noise controls

In extreme situations and as a last resort, councilcould consider attaching development consentconditions requiring the proponent to implementnoise controls at receiver locations, such as:

• noise insulation for nearby houses

• where noise impacts are totally unacceptable,and the facility continues to operate, theproponent offering to acquire nearby property.

Legal advice should be sought if these types ofcondition were proposed.

Operational noise management plan

In addition to implementing many of the noisemitigation strategies mentioned above, councildecided to ask the motor racing organisation todevelop an ongoing noise management plan forevents at the proposed facility. This noisemanagement plan was included as a developmentconsent condition, providing clear requirementsfor noise from the site and enabling council toregulate the operation of the facility. The noisemanagement plan identified the number of eventsthat would be allowed to occur at the facility, thenoise monitoring program and the operator’scomplaint management system.

The event schedule (Table 9) for the motor racingfacility was based on achieving a balance betweenhow loud different racing events were likely to beand how often they occur. In this way Council feltthere was some control over the amount of noisenearby residents would be exposed to.

Using this approach, council decided that themaximum number of events that would bepermitted in any 12-month period would be 50 withnoise of background plus 5 dB. Where some eventswere likely to be noisier than this, then the numberof events would reduce according to a ratio shownin Figure 9. The graph allows for an eventmultiplication factor to be assigned where noisefrom the event exceeds background plus 5 dB(A).For example, an event that exceeded the backgroundby 8 dB(A) would count as two events, as themultiplication factor from Figure 9 is 2.

Differences between impactsfrom new versus existing facilities

The community is generally more sensitive to a newsource of noise (e.g. from a new sporting facility ata greenfield site) than from existing facilities at thesame noise level. This means that the same noiseimpact on the community from a new facilitycompared with an existing facility would occur onlyif the activity levels at the new facility were lower.In this case the proposal is for a new development.Therefore the number of events allowed for thisnew facility may be less than council might haveapproved for an existing facility of comparable sizeand proximity to residences.

The noise assessment report provided details of theexpected noise levels from each type of racing eventand how much the background noise level waslikely to be exceeded. The noise impacts of dragracing in particular appeared to contribute adisproportionate amount to the 50 equivalent eventsallowed. Council suggested that the event schedulefor the coming year be amended to include one dragracing event each year instead of the two proposed.This meant that the whole event schedule wouldnot exceed the maximum of 50 equivalent eventsover the year. The type and number of events wereincluded in the noise management plan.

The assessment noted that most racing events wereheld between 9 am and 5 pm, and up to ten late-nightevents up to 10 pm would be held each year. Theseoperating times were also included in theproponent’s noise management plan.

Council decided that a condition of developmentconsent would be:

that the type, timing and number of events would be asspecified in the facility’s operational noise managementplan approved as part of the application, and that thesecould be varied only following agreement by council.

This condition provided certainty to the operator andthe local community while allowing some flexibility.

For existing motor sport facilities, where council isthe ARA, council could regulate the activity underthe POEO Act using a Noise Control Notice or aPrevention Notice to limit times of operation, noiselevels and the way the activity is carried out.

A similar approach, balancing noise level againstnoise exposure, can be taken for other event-basedactivities such as target shooting ranges and lawfulsporting events at specific sites.


Table 9: The proponent of the motor sport facility provided council with this event schedule

Event Exceeds Proposed Equivalent Amended Permitteddescription background no. of events no. of events equivalent no. of events

by up to x event eventsmultiplicationratio (from graph)

Super tourers 20 dB 3 x 6 18 18 3

Drag racing 30 dB 2 x10 20 10 1

Vintage series 10 dB 3 x 3 9 9 3

250/500 cc 18 dB 2 x 6 12 12 2motor cycles

Proposed number of events 59 49

Total equivalent events allowed 50 50

Figure 9: Graph for determining event multiplication ratio from noise level

dB above background

ann

ual

eve

nts

rat

io

Determining annual events ratio


Case study 9Noise from repeatedly barking dog

Council had received several calls from residentscomplaining about a barking dog kept at aresidence on Kent Road. Angus, the council officerinvolved, had asked each of the two complainantsto keep a brief diary of the times and duration whenthey were annoyed by the noise for the next twoweeks.

One of the complainants, Mrs Green, told Angusthat the dog only tended to bark while the ownerwas at work during the day. Mrs Green said thatthe dog owner had been told about the dog barkingwhen they were absent but didn’t accept that it wasa real problem.

After the two-week diary period Angus phoned MrsGreen to confirm whether the dog’s barking wasstill a problem. Mrs Green confirmed this, sayingthat the dog barked every day, sometimescontinuously for up to half an hour at a time andoften several times a day. Angus arranged to visither house the next day in the hope of witnessing thedog barking and to see the noise diary that MrsGreen had kept. Angus did likewise for the secondcomplainant.

The next day when Angus arrived at Mrs Green’sresidence he clearly heard a dog barking beforeentering the premises. On entering Mrs Green’shouse he noted that the noise was clearly audible inthe main living area and several other rooms of the

house. Angus entered the backyard of thecomplainant’s house, where the barking wasloudest, and clearly established the neighbouringproperty as where the noise was coming from.Angus collected Mrs Green’s diary, which reflectedthe barking episodes she had described on thephone. The second complainant’s diary showed asimilar record of barking episodes whichcorresponded with Mrs Green’s diary except forgaps where either of the complainants had beenabsent from their property.

Angus had established that the animal noise was aproblem and was satisfied that the dog wasregularly barking for extended periods when theowner was away from the premises.

Angus went to the front door of the Smythresidence, where the dog lived, and confirmed thatno one was currently home. When back at the officehe was able to leave an answering machinemessage asking Mrs Smyth to contact him. MrsSmyth called Angus two days later, and he advisedher that he had received complaints about her dogbarking during the day when she was absent andthat he had verified that the dog was barking on theday he investigated the complaints. He explainedthat the barking was clearly causing a nuisance andthat it needed to cease. He also explained that as adog owner she had an obligation to prevent heranimal causing a nuisance.

Mrs Smyth asked how she was supposed to stop thedog barking. Angus replied that she would need toinvestigate the options, including animal behaviourtraining, and that a veterinarian should be able toprovide some information. He advised Mrs Smyththat she had 14 days to do this, after which she musttake action to stop the nuisance barking. Angusadvised Mrs Smyth that after that period he wouldissue an order under section 21 of the CompanionAnimals Act 1998 to formalise this requirement. Heexplained that Orders under section 21 of the Act arein force for six months and that failure to complywith an Order could result in a fine of $550 for afirst offence and $1100 for subsequent offences. Hewas careful to explain that the order was to stop thehabitual nuisance barking and would not bebreached by the occasional bark. Mrs Smyth agreedto look into her options, and Angus confirmed theapproach he would take by fax that afternoon.

That evening Mrs Smyth searched the internet andfound some possible reasons, including boredomand lack of exercise, why her dog might bark whenshe was away. Mrs Smyth had been very busy withwork lately and resolved that she would make surethat she walked the dog every morning, which wassomething she had recently neglected to do. Shealso decided that she would buy him some toys to


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play with in the backyard and try leaving a bone forhim to chew throughout the day.

Mrs Smyth implemented these changes promptly,and after a week she asked her neighbours whetherher dog had been barking as much. Mrs Green washappy to say that there had been noticeably lessbarking.

Angus followed up the progress made with MrsSmyth in the second week. He also spoke to MrsGreen and the other complainant. He consideredwhether to go ahead with issuing the Order underthe Companion Animals Act. As Angus believed theanimal’s barking still met the definition of NuisanceDog under section 21 of the Act, he decided thatissuing the order was still the best course of action,even though it may not need to be enforced.

NOTE: The Department of Local Governmentwebsite (www.dlg.nsw.gov.au) provides furtherinformation on the provisions of the CompanionAnimals Act and advice on issuing orders underthe Act.

What if …

What if Angus thought about issuing a PreventionNotice, which would have allowed him to specifyactions to be carried out? For example, if the dogwere barking at passing pedestrians or traffic, acondition could specify that the owner investigateways of blocking the dog’s line of sight from thebackyard to the street. In the end, Angus decidedthat in this case he could make such suggestionsverbally if necessary, and that an Order under theCompanion Animals Act was preferable because itwas specifically designed for the situation.

Case study 10Choosing an appropriatenoise descriptor to measurea particular source

Mary Dickens runs a bookshop located in theshopping centre. The newsagency next door to herhad just installed a new air conditioning systemwith the motor and intake installed on a wall facingMrs Dickens’s bookshop. The constant noisecoming from the unit annoyed Mary and herpatrons so she contacted James Bond, theEnvironment and Health Officer at council, tocomplain.

Mr Bond visited the site and agreed that the airconditioning noise was annoying andunreasonable and considered imposing a noise

limit on the air conditioner by means of a NoiseControl Notice.

This course of action would require measurementof the noise from the air conditioner initially toestablish its current level and the noise reductionrequired to meet the desirable level. Mr Bond thenhad discussions with Mr Sands, the newsagent,about noise control measures that could be takenand the achievability of the desired levels to beprescribed in the Notice.

A measurement problem existed because trafficfrom the main street interfered with measurementsof the noise level from the air conditioner. Sometimesthe air conditioner could not be heard because of thetraffic. The normal descriptor LAeq was unlikely tomeasure the true level of air conditioner noise,because LAeq is sensitive to the high levels of noiseenergy from individual traffic passby events.

Mr Bond recorded measurements from thebookshop window facing the wall where the airconditioner was located using an LA10 noisedescriptor. The sound level meter read 70 dB(A) asan LA10 (which is the level exceeded for 10% of thetime). For this descriptor the meter was in factcapturing noisy traffic events, which occupied morethan 10% of the time of the measurements.

Mr Bond then switched the meter to use the LA90

noise descriptor, which read 62 dB(A). As the airconditioner noise was constant, the noise level ofthe air conditioner occupied close to 100% of themeasurement period. In contrast to this, the trafficnoise was variable, and there were times when therewas no significant traffic outside the shop. Theseperiods of infrequent traffic occupied about 15%of the measurement time, during which the airconditioner noise was dominant.

For this situation the use of the LA90 noise descriptoreffectively filtered out the short-term traffic noise,measuring only the constant noise output of the airconditioner.

To determine the background noise level in thearea Mr Bond moved down the street away from theinfluence of the noise from the air conditioner. Atthis location the LA90 during periods of infrequenttraffic was measured to be 52 dB(A). Mr Bond set anoise level limit of 57 dB(A) to be achieved by the airconditioner.

In prescribing a noise level to be complied with inthe Noise Control Notice, Mr Bond also specified themeasuring point and that the measurements use theLA90 descriptor, which would avoid the contaminatingeffect of the adjacent traffic noise.

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