The definition of "excessive noise" depends on the time of day and other circumstances.
For example, using a lawnmower at 3 pm might be acceptable, but using a lawnmower at 10 pm might not.
Deciding whether noise is excessive is up to the judgment of the Noise Control Officer. Noise Control Officers do not use decibel reading noise equipment for noise complaints.
Before involving Council, the first option is to discuss the issue with the neighbour concerned. In many cases, the person making the noise may be unaware of the nuisance they are causing others.
An Excessive Noise Direction is a notice served by a Noise Control Officer if they believe the noise is excessive after receiving and investigating a noise complaint.
Once an Excessive Noise Direction has been received, the source of the noise must immediately be turned down to a reasonable level.
The Excessive Noise Direction is in place for 72 hours. If Council receives more complaints of excessive noise within 72 hours of the Excessive Noise Direction being issued, and a visit confirms that the noise is excessive, the Noise Control Officer and the Police will seize the noise-offending equipment. The Noise Control Officer cannot seize the noise-offending equipment without the Police.
Properties with a number of Excessive Noise Direction notices issued will be monitored by Council and further action may take place, such as warning letters, confiscation of equipment and an Abatement Notice.
An Abatement Notice is a formal legal document, served against the individuals in a house. Domestic properties which have received multiple Excessive Noise Directions may receive an Abatement Notice.
Domestic properties which have received multiple Excessive Noise Directions may receive an Abatement Notice.
For properties where an Abatement Notice is in force, if there is a further justified noise complaint, then the stereo (or other noisy equipment) in the house may be seized without the need for an Excessive Noise Direction being issued.
Council may issue infringement notices for repeat offenders. Two of the infringement offences are:
You cannot have a permit to make noise.
If you are going to have a celebration, party or social gathering, it is recommended that you advise your neighbours in advance. Let them know the date of the party and the starting and finishing times. Advise them of the contact details of a responsible person who the
Let them know the date of the party and the starting and finishing times. Provide them with contact details of a responsible person who can be contacted during the night if they feel the noise is excessive.
By communicating with your neighbours, there may not be a need for Council to become involved.
Your neighbours do, however, have the right to complain to Council about excessive noise at any time during the day or night.