Noise Complaints (Fact Sheet 13)

Community Living Local Law No 1 states:

2.12 Noise

  1. No person shall, upon any highway or Council land, without a permit:
    1. sound or play any musical or noise instrument; or
    2. sound, play, control, operate or use any loudspeaker, amplifier, microphone, or any other like device; or
    3. allow any loud music or loud noise to be emitted from any music device, including any warning device, in or outside a moving or stationary motor vehicle in that person’s possession and/or control, including any motor vehicle parked without a driver or registered operator present.
  2. No person shall cause or allow any noise to emanate from any property owned or occupied by them which in the opinion of an authorised officer would interfere with the reasonable comfort of any person.

Penalty

First offence - 2 penalty units ($200.00)
Second or subsequent offence - 4 penalty units ($400.00)

The Environment Protection (Residential Noise) Regulations 2008 states the following in relation to the prohibited times for noise in residential areas:

GroupPrescribed itemsProhibited times
1 A motor vehicle (except a vehicle moving in or out of premises), lawn mower or other grass cutting device and any equipment or appliance not falling within Group 2 having an internal combustion engine.

Monday to Friday: before 7am and after 8pm.

Weekends and public holidays: before 9am and after 8pm.

2 An electric power tool, chain or circular saw, gas or air compressor, pneumatic power tool, hammer and any other impacting tool or grinding equipment.

Monday to Friday: before 7am and after 8pm.

Weekends and public holidays: before 9am and after 8pm.

3 A domestic air conditioner or evaporative cooler, heat pump, swimming pool pump, spa pump, water pump other than a pump being used to fill a header tank, domestic heating equipment (including central heating and hot water systems) and a domestic vacuum cleaner. 

Monday to Friday: before 7am and after 10pm.

Weekends and public holidays: before 9am and after 10pm.

4 A musical instrument and any electrical amplified sound reproducing equipment including a stereo, radio, television and public address system.

Monday to 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.

5 Any electric equipment or appliance not falling within Group 2, Group 3, or Group 4, including electric gardening equipment, but not electric equipment or appliances for personal care or grooming, or for heating, refrigeration or preparation of food.

Monday to Friday: before 7am and after 8pm.

Weekends and public holidays: before 9am and after 8pm.

Please note: The prohibited times apply when the noise can be heard from inside a habitable room of another residential premises.

Any reasonable noise can still be considered unreasonable outside of the prohibited times.

Further information in relation to noise regulations can be obtained from the Environment Protection Authority at www.epa.vic.gov.au

 

If you have received a Caution Notice-Notice to Comply please ensure that you follow the compliance details.  Failure to comply may result in an infringement being issued.

For more information please contact the Local Laws Branch on (03) 5832 9741.