Neighbourhood noise, such as noise from barking dogs, car alarms, machines and parties can be very annoying.

However, you can often stop noise that disturbs you without involving the council or other government agency.

The Department of Environment and Conservation  has a comprehensive website with practical advice on dealing with noise issues. This page contains edited material from their website.

The Department also produces a brochure, Dealing with Neighbourhood Noise  that outlines steps you can take to prevent noise being an issue for you. You can download this brochure from their site.

Talk to your neighbours

The first thing you should do is talk to your neighbours about any noise issues that are affecting you. Your neighbours may not have known their noise was affecting you.

Community Justice Centre

If talking to your neighbours doesn’t solve the issue, you can go the Community Justice Centre. Community Justice Centre's provide quality mediation and conflict management services for metropolitan and regional New South Wales. Our services are free, confidential, impartial, accessible and voluntary.

Street Address: Corner Bolton & Church Streets, Newcastle 2300
Nearest cross Street: King Street
Telephone: 02 4925 0333 or Toll free: 1800 990 777
Facsimile: 02 4925 0300
TTY: 1800 671 964
Email: cjc_northern@agd.nsw.gov.au

Office Hours: Monday to Friday 9.00am to 5.00pm

How Council can help

• Noise complaints may result in one or all of these steps, depending on the case
• An investigation of the noise complaint to determine the legitimacy of the complaint
• The noisy partners may be informed and/or warned about the noise and may be asked to take action
• A formal notice/order may be issued
• Action may be enforced (penalty notices or Court action if warranted).

Council can serve various notices on people occupying homes and businesses under the Protection of the Environment Operations Act 1997  (POEO Act), requiring them to control noise and advising them what noise levels are acceptable.

Councils can serve notices for such things as noise from animals, air conditioners, swimming pool pumps, radios, sound reproduction equipment, musical instruments, power tools, lawn mowers and burglar alarms.

The notice can require the noise-making activities to be restricted to certain times of the day or certain days. If the notice is not complied with, the council can prosecute. People who get a notice can appeal against it.

Barking dogs

Council’s Ranger Services Team provides information and advice, and encourage negotiation between neighbours. Council may serve orders if Council is satisfied that the dog makes a noise, by barking or otherwise, that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises.

There are two alternative options available to address issues relating to barking dogs:

• The Community Justice Centre is an independent, government funded centre that specialises in settling neighbourhood disputes. This approach can avoid lengthy and costly legal processes. Call 02 4929 1211 for further information
• The Chamber Magistrate at the Local Court may make Noise Abatement Orders. These orders may be issued when it is clear the barking has caused a nuisance and you have tried to resolve the issue by other means. Call Newcastle Local Court on 02 4921 2200 for further information.

Please contact Council's Rangers for further information on 02 4974 2545.

Noisy alarms

For vehicles, it is an offence for an alarm to sound for more than:

• 45 seconds for cars manufactured after 1 September 1997
• 90 seconds for older cars.

There is no offence when:

• A vehicle window or windscreen was broken or removed
• The motor vehicle was involved in an accident
• The motor vehicle was broken into or an attempt was made to break into it.

For buildings, when noise from the alarm can be heard in any neighbouring residence, it should not sound in total for more than:

• 5 minutes if installed after 1 December 1997
• 10 minutes if installed before 1 December 1997.

If it keeps sounding beyond this period, it is probably faulty. No distinction is made between an alarm ringing because of a break-in or because it is faulty. The owner or operator of a vehicle or the occupier of the building is responsible for the alarm system, and could be fined if it sounds for longer than the allowed time.

Noise from vehicles

Operators and owners are responsible for ensuring noise from their vehicles is kept within reasonable levels. The Protection of the Environment Operations (Noise Control) Regulation 2000  spells out the requirements to prevent high noise levels from vehicles.

Australian Road Rule 291 requires that vehicles do not emit 'unnecessary noise' such as noise from intentional wheel spins and 'doughnuts'. The Police can impose two demerit points and a fine.

The RTA also has additional noise control legislation it can use for noise checks on heavy vehicles at heavy vehicle inspection stations.

Noisy neighbours

There are time restrictions about when certain noises are allowed:

Power tools and equipment

A person must not cause or permit a power tool or swimming pool pump to be used on residential premises in such a manner that it emits noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

(a) before 8 am or after 8 pm on any Sunday or public holiday, or

(b) before 7 am or after 8 pm on any other day.

Musical instruments and sound equipment

Restricted between the hours of 12 midnight to 8:00am every day.

Motor vehicles

Except when entering or leaving residential premises are restricted between the hours of 8:00pm to 7:00am on weekdays, 8:00pm to 8:00am on weekends and public holidays.

Outside these hours, restrictions can be placed on using these articles if they cause offensive levels of noise.