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Noise legislation

The Protection of the Environment Operations Act 1997 (POEO Act) makes the Office of Environment and Heritage (OEH) the appropriate regulatory authority and therefore responsible for regulating noise from activities scheduled under the Act and for premises occupied by public authorities. Local councils are largely responsible for the management of noise in relation to non-scheduled activities, with local police also involved in neighbourhood noise issues. NSW Maritime enforces noise controls for marine vessels.

Premises conducting scheduled activities are required to hold an Environment Protection Licence through which OEH applies appropriate noise control conditions. Councils can also control noise through conditions determined by them as part of development consent, issued under the planning legislation, and through Notices or Directions issued under the POEO Act.

The POEO (Noise Control) Regulation 2008 commenced on 1 March 2008 and addresses common noisy activities that occur in residential situations. It limits the time of day that noisy articles (such as lawn mowers, stereos and leaf blowers etc.) are permitted to be heard in neighbouring residences. It also has provisions regarding motor vehicles (including noise limits) and addresses noise from marine vessels.

Most potentially noisy activities regulated by councils are not the subject of specific limits or controls. It is an offence under the POEO Act if noise is emitted from premises because of the occupier's failure to maintain or operate plant, or to deal with materials in a proper and efficient manner. Noise Control Notices or Noise Abatement Directions may also require emissions to be reduced or cease in certain circumstances (for example, if offensive noise is being emitted from certain premises). It is an offence not to comply with the Notice or Direction. Nuisance dogs and cats are covered by the Companion Animals Act 1998 administered by the Minister for Local Government.

Transportation noise is handled by various agencies, with aircraft noise exclusively a Commonwealth Government responsibility except for aircraft engine testing at private or council-operated airports. Rail noise and noise from the construction of freeways and tollways is generally regulated by licences issued by OEH. Noise from general traffic on roads is managed by the Roads and Traffic Authority (RTA) and councils. Noise from individual vehicles is regulated by the RTA, the police and OEH. The maximum penalty for a noise control notice under the POEO Act is $60,000 for corporations and $30,000 for individuals, plus daily penalties for continuing offences and the maximum penalty for a prevention notice is $1,000,000 for corporations and $250,000 for individuals, plus daily penalties for continuing offiences.