Council receives and investigates a number of noise complaints each year. Complaints vary in nature but are often associated with amplified music, barking dogs and equipment such as pool pumps and air conditioners.

What can you do if noise is a problem for you?

In the first instance if noise is a problem for you, it is strongly recommended that you firstly talk to person/s responsible for making the noise if possible. While Council involvement may assist in addressing the issue, it can also result in creating tension between two (2) parties which otherwise could have been avoided.

If the issue cannot be resolved using this approach, other options available include:

• Contacting the appropriate contact indicated in the below table depending on the type of noise;
• If your neighbour is continually being noisy, has a noisy animal or is using noisy appliances and you decide to take action independently of the local council or other regulator, you can seek a Noise Abatement Order under section 268 of the POEO Act. To apply for an order, contact your local court (Bathurst Court House, Phone: 6339 9300). You may also consider asking your legal adviser for help. The person responsible for causing the noise can appeal against the order. The Department of Environment and Climate Change (DECC) brochure Seeking a Noise Abatement Order, contains more details. This is available from DECC website at www.environment.nsw.gov.au/noise

How are noise issues addressed?

If Council receives a noise complaint from a member of the local community, the complaints will be largely investigated using the provisions of the Protection of the Environment Operations (POEO) Act 1997 and associated regulation.

Under the POEO Act, offensive noise is defined as:

• that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:

i. is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or

ii. interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or

• that is of as level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.

It is important for those involved in any noise complaint to realise that what is music to one person might be offensive noise to another. In responding to noise complaints, an authorised officer will take the approach of what a 'reasonable person' would consider offensive. Such a conclusion is also based on information provided by affected persons.

Council has a number of options available to address the issue if a noise source is found to be offensive.

Restrictions on hours of use and who to contact

The Protection of the Environment Operations (Noise Control) Regulation 2000, (available at www.legislation.nsw.gov.au) sets out restricted times of operation for domestic activities that should not be heard in a neighbour's home. The following table is taken from the DECC brochure Dealing with Neighbourhood Noise available from Council or at www.environment.nsw.gov.au/noise

*This information is taken from DECC brochure and website available at www.environment.nsw.gov.au. Council cannot ensure that this information is current and reference should be made to the original information source.

Making a complaint

Residents wishing to have a noise matter investigated can contact Council's Environmental, Planning and Building Services on 6333 6111. All complaints are dealt with confidentially, however complainants should be aware that, in some circumstances, should a matter subsequently involve legal action, a written statement and/or court appearance by the complainant may be required.