(02) 6243 3460
Frequently asked questions about dealing with noise pollution in the ACT.
SEEK LEGAL ADVICE REGARDING SPECIFIC CASES
While all care has been taken in preparing this publication, it is not a substitute for legal advice in individual cases. For any specific questions, seek legal advice.
Generally, noise pollution is regulated by the Environment Protection Act 1997 (‘the Act’) and the Environment Protection Regulation 2005 (‘the Regulations’). However, certain types of noise are excluded from this scheme, such as noise from aircraft or people (see below at paragraph 1.2).
Noise at certain levels is taken to be a pollutant (see regulation 25 and section 5 of the Act). It is an offence for someone to make a noise in the ACT that causes environmental harm, where an affected person has made a complaint about that noise, and where the noise emitted is louder than the noise standard [Regs. 25 and 39 and ss. 137 to 139 of the Act]. See below at paragraph 1.3 for further detail.
The Environment Protection Authority (EPA), a statutory office within the ACT government Department of the Environment, Climate Change, Energy and Water, is responsible for regulating noise in the ACT.
The environment protection legislation prohibits noise at levels set out in the Regulations (see below at paragraph 1.3), subject to certain exceptions. The environment protection legislation does not apply to noise generated by:
For complaints about any of these types of noises, you will need to contact agencies other than the EPA (see below at Part 5 for more information).
The following activities are exempt from the noise standards:
Noise standards are prescribed in the Regulations and set the acceptable noise levels. If the noise is louder than the prescribed standard, it is taken to cause environmental harm, and is an offence under the environment protection legislation. The applicable noise standard will depend on the zone in which you are located and the time at which the noise occurs.
Location
7am-10pm
(8am-10pm Sunday & Public Holidays)
10pm-7am
(10pm-8am Sunday & Public Holidays)
ZONE A: Industrial areas
65 dB(A)
55 dB(A)
ZONE B: Civic centre and other major town centres (Belconnen, Gungahlin, Woden & Tuggeranong) and land in Central National Area (City)
60 dB(A)
50 dB(A)
ZONE C: Group centres and office areas such as Dickson and Kingston, and land in Central National Area
55 dB(A)
45 dB(A)
ZONE D: Commercial areas - smaller local centres such as Griffith and Lyneham
50 dB(A)
35 dB(A)
ZONE E: land in a restricted access, recreation zone or a broadacre zone
50 dB(A)
40 dB(A)
ZONE F: land in a commercial CZ5 zone, a TSZ2 services zone, a community facility zone or a leisure and accommodation zone
same as the noise standard for the adjoining noise zone with the loudest noise standard for the time period
ZONE G: Residential Areas and all other areas
45 dB(A)
35 dB(A)
There are a number of circumstances (detailed above at paragraph 1.2) where noise levels can be above these standards.
Schedule 2, Part 2.1 of the Regulations provide a more detailed description of the noise zones (legislation is available online at the ACT legislation register). The noise zones are based on the equivalent zones set out in the ACT Territory Plan. Maps of ACT planning zones, which are referenced in the Regulations, are also available at the ACT Legislation Register.
If you live in a unit, the applicable noise standard in relation to noise emitted from another unit within the block is 5dB(a) below the noise standard that would otherwise apply. This lower threshold also applies where there is a common wall between your premises and the premises from which the noise is emitted [Reg. 24].
The Act and regulations apply to noise made in the ACT regardless of whether the person affected by the noise is inside or outside the ACT [Reg 22, 25 and 39]. Therefore, a person in NSW can make a complaint about noise being made in the ACT. The noise zones include land in the Queanbeyan City industrial zone (Zone A), land in Queanbeyan city business zone (Zone B), land in Queanbeyan city special uses zone (Zone F) and all other NSW land in Zone G.
The Act only covers noise made in the ACT. Noise made in NSW may be covered by NSW legislation. Check the NSW EDO website for further information (edo.org.au/edonsw).
Once you have identified the source of the noise, if possible, talk to the person or persons responsible first to see if you can find a solution. In some cases, they may not even realise that they are disturbing anyone else, or a compromise may be possible. Legal avenues to address noise pollution can be time consuming and the process can be long. The ACT noise pollution website has tips on talking to your neighbour about noise. The Conflict Resolution Service may also be able to assist in the resolution of the dispute (see Part 5 below for contact details).
If it is not possible to talk to the person responsible or an attempt does not solve the problem, lodge a complaint with the relevant authority.
A complaint about noise covered by the Environment Protection Act (see paragraph 1.2) can only be made by an ‘affected person’ as defined under the Act. This is the occupier of a place that is affected by noise being emitted from a place in the ACT (see the definitions of ‘affected person’ and ‘affected place’ under regulation 21). An occupier includes someone who rents or owns a place.
Complaints in relation to noise regulated by the environment protection legislation (see paragraph 1.2) can be made to the Environment Protection Authority, an office within the ACT Department of the Environment, Climate Change, Energy and Water.
The contact details for the Department are:
Postal Address
Department of Environment, Climate Change, Energy and Water
GPO Box 158
Canberra City ACT 2601
Street Address
Levels 2 and 3
Macarther House Annex
12 Wattle Street
Lyneham ACT
Contact Number
13 22 81
Facsimile Number
(02) 6207 6084
Before making a complaint, you must identify the source of the noise and preferably the address from where the noise is coming from. You do not need to provide evidence of the specific noise level. If you do wish to try and measure the noise to determine whether the prescribed noise standards (see paragraph 1.3) have been exceeded you may be able to measure the noise levels with a sound level meter. Alternatively, the EPA’s information sheet title ‘noise in residential area’ available on the Noise website contains a useful guide on the types of noises which equate to particular decibel levels.
Noise must be measured from the ‘compliance point’ for the place from where the noise is coming from [Reg. 30]. This point will depend on the type of land and activity. Generally, it is any point as near as practical to the boundary of the land from where the noise is coming [Reg. 32] or, for unleased land, any point as near as practical at least 5 metres from the source of the noise. However, if the activity has some form of approval, the compliance point may be stated in this approval [Regs. 34 and 35]. Compliance points may vary where the noise is emitted from a different noise zone [Reg. 37].
Where the noise is coming from a unit you measure the noise from any point in any of the other units or as near as practical to the boundary of the unit’s land. Similarly, if the noise is from a premises with a common wall, the compliance point is anywhere in the second premises [Reg. 38].
Noise measurements must be taken in a certain way (see regulation 31). You may be able to measure the noise levels with a sound level meter. Measurements must also be made in accordance with the ACT Noise Measurement Manual, available at legislation.act.gov.au/di/2009-234/current/pdf/2009-234.pdf. Alternatively, the EPA’s information sheet title ‘noise in residential area’ contains a useful guide on the types of noises which equate to particular decibel levels.
Once the EPA receives a complaint, it will usually write to the person allegedly making the noise, advising them of their responsibilities under the legislation and inviting them to discuss the issue. If the matter is not resolved at this stage and the noise continues, you should make another complaint. On receipt of this second complaint, the EPA will usually visit your property or the affected place, and take noise measurements to confirm if the noise is in breach of the legislation.
If the noise is found to be above the prescribed levels, the EPA may issue a warning letter, on-the-spot fine or an Environmental Protection Order. Breach of such an order is a serious offence.
It is an offence to make noise louder than the noise standard as it is deemed to cause environmental harm [Regs. 25 and 39]. This could cover, for example, playing a musical instrument and using a vacuum cleaner. It is also an offence for the occupier of a place to allow noise louder than the noise standard to be emitted from a thing in the place [Regs. 25 and 39]. This could include, for example, a swimming pool pump or an air conditioner.
Some activities that are acceptable to the community may be permitted above the noise standards so long as certain conditions are satisfied, for example times at which the noise occurs [see paragraph 1.2 above).
If a person is found to have committed one of these offences, the EPA may issue an infringement notice with an on the spot fine (currently $200) [Reg. 7, Schedule 1 Magistrates Court (Environment Protection Infringement Notices) Regulation 2005]. If the fine is not paid after a final notice is given, the EPA may take the offender to court to be prosecuted. In this case a maximum penalty of 10 penalty units applies (currently $1,100 for an individual or $5,500 for a corporation) [Reg. 39].
No time limits are specified for the investigation and resolution of complaints under the Act.
Decisions to issue an EPO, one form of legislative option available to the EPA to deal with noise complaints, can be appealed [s.136B].
If the noise continues after a complaint is made and a warning letter or on-the-spot fine is issued, you can make a second complaint to the EPA. The EPA may issue an EPO based on a continuing contravention of the Act or contravention of an environmental authorisation, if one exists. The EPO will specify details of the alleged contravention of the Act (nature, day, time, place). The EPO may impose reasonable requirements on the person including to stop a particular activity or to take specified action. It is offence to contravene an EPO. If the EPO relates to emitting noise louder than the noise standard, the maximum penalty is 10 penalty units (currently $1,100 for an individual or $5,500 for a corporation) [s. 126 and Reg. 39].
It is also an offence to cause an ‘environmental nuisance’ which is defined to include noise disturbance where it is an unreasonable interference with someone’s enjoyment of a place or area [s.141]. A maximum penalty of 50 penalty units applies (currently $5,500 for an individual or $27,500 for a corporation).
In addition a person may take a common law action for nuisance [s.9]. If you are considering legal action you should seek legal advice.
Private nuisance occurs when someone substantially and unreasonably interferes with or disturbs someone else's ordinary and reasonable use of the land they own or occupy.
Nuisance may be used to address some environmental concerns, including interference with enjoyment of property caused by noise. The question of whether or not the interference amounts to nuisance is one of degree and will depend on the circumstances of the case. The Court will apply a balancing act with the reasons for the noise against the detriment suffered by the individual. In determining whether the nuisance has occurred, the Court may consider:
The Act regulates noise from air conditioners and these should operate within the prescribed noise standards (see paragraph 1.3 above). The EPA’s information sheet on Air Conditioner Noise in Residential Areas provides useful information (available at noise.act.gov.au/more.htm).
Aircraft noise is regulated under the Commonwealth Air Navigation Act 1920. Generally civil aircraft operating in Australia must comply with the Commonwealth Airports Act 1996 and meet noise standards specified in the Air Navigation (Aircraft Noise) Regulations 1984 (Cth). You can lodge concerns about aircraft noise with Airservices Australia (National Noise Enquiry Line on 1800 802 584 or online form available at airservicesaustralia.com).
Noise disturbances from dogs, such as excessive barking, are regulated under the Domestic Animals Act 2000. Noise complaints about dogs can be reported to Domestic Animal Services (a unit within the Department of Territory and Municipal Services). You can contact them on 13 22 81. Information on this unit is available at tams.act.gov.au/live/pets/domestic_animal_services.
Excessive and frequent revving of cars on your next door neighbour’s property may be covered by the environment protection legislation. However, vehicles may exceed the applicable noise standard for up to 5 minutes to warm up the engine. It can be longer than this if the vehicle operating manual specifies a longer period.
Complaints about noisy motor vehicles on the road can be made to Road User Services (a unit within the Department of Territory and Municipal Services). You can contact them on 13 22 81.
Approved building work can exceed the prescribed noise levels, if specified requirements are complied with [Reg. 29 and Schedule 2, table 2.3 of the Regulations]. For example, building work can exceed noise limits within specified hours so long as it is complies with the noise reduction requirements of Australian Standard 2436. Generally, construction work must start no earlier than between 6am and 8am and finish by 8pm. The allowable times depend on the work type and day of week [Schedule 2, table 2.3, item 5].
Maintenance or repair work (so long as it is no longer than 40 hours in any 8 week period) and work on non-arterial roads is allowed between 7am and 8pm, except on Sundays and public holidays, when it can not start until 8am. To come within this exception any equipment must be used in accordance with relevant instructions. There are no conditions on noise emitted in the course of constructing or maintaining a major road.
Commercial waste collection must be undertaken in accordance with an accredited code of practice under the Act [Schedule 2, table 2.3, item 18 of the Regulations]. The EPA’s Sound in the City information sheet (available at noise.act.gov.au/more.htm) states that city and town centre collection is allowed from 2am to 10pm, and from 5am to 10pm in Manuka and Kingston group centres.
Garden work, including lawn mowing, is allowed between 7am and 8 pm (or until 10 pm for gardening on non-residential land). On Sundays and public holidays garden work cannot start until 8am [Schedule 2, table 2.3, items 3 and 4 of the Regulations].
The Act applies to motorbike noise on a neighbouring property if the noise exceeds the prescribed noise limits for that zone.
Nightclubs are located in centres with varying noise limits prescribed under the regulations depending on where they are located (see paragraph 1.3 above). Noise from nightclub music is covered by the Act. A complaint can be made to the EPA if the noise exceeds these prescribed limits.
For unreasonable noise from patrons you can contact the police or the Office of Regulatory Services on (02) 6207 0562.
Further information is available from the EPA’s Live Music & Entertainment Noise fact sheet (available at noise.act.gov.au/more.htm).
The environment protection legislation does not apply to noise made by a person using only his or her body (for example, shouting). Contact your local police station regarding complaints about this type of noise.
The Act does apply to noise made by people using items such as musical instruments or stereos. In these cases you can contact the EPA (see paragraph 2.1 above).
Large outdoor concerts require an environmental authorisation, issued under the Act [s.42(1) and Schedule 1 to the Act]. The concert noise must be in line with the issued environmental authorisation, which may specify higher noise standards than those specified under the Regulations.
Smaller concerts do not require an authorisation but must comply with noise standards.
The Environment Protection Policy on Outdoor Concert Noise guides how the EPA issues environmental authorisations for outdoor concerts under the Act. This policy is available on the ACT government noise pollution website (see Part 5 below).
Motor racing events require environmental authorisations, issued under the Act [S.42(1) and Schedule 1 to the Act]. The event noise must be in line with the issued environmental authorisation, which may specify a higher noise standards than those specified under the Regulations.
The Environment Protection Policy on Motor Sport Noise guides how the EPA issues environmental authorisations for motor racing sporting events under the Act. This policy is available on the ACT government noise pollution website (see Part 5 below).
Website:
Phone:
(02) 6207 2626
Email:
Website:
environmentcommissioner.act.gov.au
Postal Address:
Department of the Environment, Climate Change, Energy and Water
GPO Box 158 Canberra City ACT 2601
Street Address:
Levels 2 and 3 Macarther House Annex
12 Wattle Street Lyneham ACT
Phone:
13 22 81
Website:
Email:
Phone:
13 22 81
Website:
Website:
Phone:
1300 362 072
Website:
Website:
Phone:
02 6162 4050
Level 1/14 Childers Street Canberra City ACT 2601
Phone:
(02) 6243 3460
Website:
LEGAL ADVICE SHOULD BE SOUGHT IN SPECIFIC CASES
While all care has been taken in the preparation of this publication, it is not a substitute for legal advice in individual cases. For any specific questions you should seek legal advice.
ACAT
ACT Civil and Administrative Tribunal
Act
Environment Protection Act 1997
EPA
Environment Protection Authority
EDO
Environmental Defender’s Office (ACT) Inc
EPO
Environment Protection Order
Minister
ACT Minister for the Environment, Climate Change, Energy and Water, currently Simon Corbell
Regulations
Environment Protection Regulation 2005