Noisy neighbours can cause all sorts of problems. But there are ways to tackle the problem. According to the Environment Protection Authority (EPA), the three groups of people who can take action in residential noise matters are:
Noisy neighbours can cause all sorts of problems. But there are ways to tackle the problem. According to the Environment Protection Authority (EPA), the three groups of people who can take action in residential noise matters are:
· Police
Police can warn offenders to abate unreasonable noise, such as noisy parties. This direction remains in force for 12 hours. Failure to comply with a police direction is an offence and offenders are liable for on-the-spot fines.
· Local councilsLocal government can also take action under the Nuisance Provisions of the Health Act.
· A person directly affected by the noise
The best approach if you have noisy neighbours is to talk to them about the noise and try to settle the problem. It is important to keep on friendly terms with your neighbour. You should seek help from the local council, police or a solicitor, only after you have tried, and failed, to resolve differences with your neighbour.
If your noise problem cannot be resolved, you may take legal action yourself under the Environment Protection Act 1970. You should consult your solicitor, if you are contemplating this course of action. Section 48A of the Act makes it an offence to create unreasonable noise on residential premises at any time of the day.
The Environment Protection (Residential Noise) Regulations 1997 state that a musical instrument, electrical amplified sound reproducing equipment (including stereo, radio, television or public address system) should not be heard inside a neighbour’s house within the hours of:
Monday–Thursday before 7am and after 10pm
Friday before 7am and after 11pm
Saturday and public holidays before 9am and after 11pm
Sunday before 9am and after 10pm
Unreasonable Noise
Section 48A(5) of the Act defines noise as being unreasonable, if certain items of equipment are audible in a habitable room of a neighbour’s house during specified ‘prohibited times’.
Who to contact:
- Noise at night (stereos, parties, etc)
Police – telephone: 000
- Other noises (barking dogs, air conditioners, home
workshops, burglar alarms, etc)
Local council
- Noise from industry
EPA
For further information, visit www.epa.vic.gov.au