Legislation

For information on relevant legislation please refer to the Australasian Legal Information Institute or Lawlink NSW .

Protection of the Environment Operations Act

Protection of the Environment Operations Act 1997

Noise Abatement Order

Individuals have the right to seek a Noise Abatement Order (NAO) under section 268 of the Act. Local courts impose NAOs when a person can demonstrate that the occupation of their premises is affected by offensive noise. A NAO may direct the abatement of offensive noise within a specified time and also nominate action to prevent the recurrence of the offensive noise. There is a penalty for breaching a NAO. For further information please seek legal advice or see the chamber magistrate at your nearest local court.

Noise Abatement Direction

Noise Abatement Directions (NAD) can be issued by Police, or other authorised officers under Section 276 of the Act. NADs can be issued to occupiers of premises or any other person who is responsible for either making or contributing to offensive noise and require that person to abate the emission of offensive noise. Failure to comply with a NAD renders that person liable to a penalty.

Noise Control Notice

Under section 264 Council has the power to issue a Noise Control Notice (NCN) upon the occupier of a premises to abate offensive noise. Failure to comply with a NCN renders the occupier liable to prosecution with fines for individuals or corporations for each day that the offence continues. Council Officers can issue on-the-spot fines for persons that fail to comply with the provisions of a notice.

NCNs have a right of appeal. The deadline for lodging an appeal is 7 days after a dog NCN is served, or 21 days after any other NCN is served. Appeals are made to the Land and Environment Court .

Prevention Notice

Council has the power to issue a Prevention Notice upon the occupier of a premises to prevent offensive noise. Failure to comply with a Prevention Notice is an offence under the section 97 of Act and renders that person liable to prosecution without further notice. A court may impose penalties on individuals and corporations for not complying, and further penalties for each day the offence continues.

Council Officers can issue on-the-spot fines of up to $1500 for persons that fail to comply with the provisions of a notice. Prevention Notices have an administration fee $320 to cover the costs of issuing the Notice. It is an offence not to pay this fee.

Prevention Notices have a right of appeal. The deadline for lodging an appeal is 21 days after service of the notice. Appeals are made to the Land and Environment Court .