Residential Noise Complaints

Section 48A of the Environment Protection Act 1970 (the Act) makes it an offence to cause unreasonable noise from a residential premises. Residential noise may be unreasonable at any time of the day, depending on its volume, intensity and duration, and the time, place and other circumstances in which it is emitted.

Residential Noise Regulations

The Environment Protection (Residential Noise) Regulations 2018 (the Residential Noise Regulations) came into operation on 13 October 2018 and list specific types of equipment and times when their use is prohibited.

Glossary for the below table

Prohibited times

A prohibited time for a prescribed item is the time specified in Column 3 of the Table that corresponds to that prescribed item.

apply when the noise can be heard inside a habitable room of another residence.

depend on the type of equipment being used and the day of the week.

some equipment may still be too loud even when used during the appropriate times.

Please note that residential noise can still be unreasonable outside the prohibited times.

Prescribed item

An item set out in Column 2 of the Table

heat health alert

means an alert issued by the Chief Health Officer under the heat health alert system operated by the Department of Health and Human Services.

The Residential Noise Regulations

Residential Noise Resolution Process

Council’s residential noise dispute process aims to ensure the approach follows legal processes and is fair for all involved. The steps involved in a residential noise resolution process are as follows:

1. Firstly, we encourage all neighbours to either discuss the situation with the residents or seek mediation. Seeking mediation can assist with neighbourly relations and can often lead to a suitable resolution for both parties. The Dispute Settlement Centre can be contacted via telephone (03) 5858 7653 and are located at 307-331 Wyndham Street Shepparton. The EPA also provide advice in a ‘Annoyed by Noise’ booklet available from the EPA website.
2. If a complaint is lodged with Council, a Council Community Ranger, as an authorised Officer will contact the resident and advise that Council has received a complaint regarding a prescribed item. For this to occur, it is important to provide as much information about when the noise is occurring and why the noise is a nuisance.
3. Once Council Officers have spoken to the resident and you have attended mediation through the Dispute Settlement Centre, this process will have hopefully resolved the issue while maintaining neighbourly relations. However, if there has been no resolution found that may assist to resolve the situation, the Dispute Settlement Centre will provide a No Resolution Letter to you. A copy of this letter is required to be provided to Council to continue with the residential noise process.
4. Once the No resolution letter has been received, Council Officers can direct offenders to stop unreasonable noise if the noise is being made during business hours. A direction can remain in force for up to seventy-two hours. The Police can also issue a direction to cease unreasonable noise after business hours.
5. Failure to comply with a police or Council direction is an offence and offenders are liable for on-the-spot fines. Directions can be issued at any time, and are typically used for noise such as loud parties or annoying air conditioners during the prohibited hours.

For more information please contact Council or visit the EPA website. For a copy of the EPA ‘Annoyed by Noise?’ Booklet, visit the EPA website.

Public Health and Wellbeing Act 2008

Councils Environmental Health department can investigate under the nuisance provisions of the Public Health and Wellbeing Act 2008. For more information, please contact Council.

Environment Protection Authority Contact

Environment Protection Authority
GPO Box 4395 Melbourne Victoria 3001
200 Victoria Street, Carlton, 3053
Ph: 1300 372 842
Email: contact@epa.vic.gov.au
Website: www.epa.vic.gov.au

Residential Noise Exemptions

Definitions for the following section

earthmoving machinery

means powered plant used to excavate, load, transport or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include—

1. plant to compact earth, overburden, rubble, spoil, aggregate or similar material; or
2. a tractor or industrial lift truck or a vehicle designed to be used primarily as a means of transport on public roads.

fringe residential subdivision

means any relevant land—

1. within a growth area or an urban growth zone under any planning scheme; or
2. that is undeveloped land identified for future urban development, other than land within Metropolitan Melbourne that is not covered by a metropolitan fringe planning scheme (within the meaning of section 46AA of the Planning and Environment Act 1987).

growth area

has the same meaning as in section 3(1) of the Planning and Environment Act 1987.

land identified for future urban development

means land that—

1. is zoned for residential development under any planning scheme or which is described as for use for future residential development in a Local Planning Policy Framework in any planning scheme or a document that is incorporated into or referenced in a Local Planning Policy Framework; and
2. is not land described as infill, brownfield, formerly developed for urban purposes or for redevelopment in a Local Planning Policy Framework in any planning scheme or a document that is incorporated into or referenced in a Local Planning Policy Framework.

Local Planning Policy Framework

means the framework set out in clause 20 of the Victoria Planning Provisions.

relevant land

means land—

1. that is the whole of the land on a certified plan of subdivision under the Subdivision Act 1988; and
2. part of which is land set aside on the certified plan of subdivision as a road; and
3. in relation to which an engineering plan submitted by the applicant for subdivision includes specifications for works to construct the road or, if it is already constructed, works to upgrade the road; and
4. used for or in connection with residential premises or on which a residential premises is being constructed.

storey

means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor level next above, the ceiling or roof next above, but does not include a space—

1. that contains only—
   1. a lift, shaft, stairway or meter room; or
   2. a bathroom, shower room, laundry, water closet or other sanitary compartment; or
   3. accommodation intended for not more than 3 vehicles; or
   4. a combination of anything described in subparagraph (i), (ii) or (iii); or
2. that is an intermediate floor within a room.

urban growth zone

means the zone described in clause 37.07 of the Victoria Planning Provisions.

Victoria Planning Provisions

has the same meaning as in section 3(1) of the Planning and Environment Act 1987.

Partial exemptions for premises on fringe residential subdivisions more than 35 metres from nearest property (regulation 7)

1. Section 48A(5) of the Act does not apply to noise from an item listed in subregulation (2) that is emitted between 7 a.m. and 9 a.m. on a Saturday from residential premises located—
   1. on a fringe residential subdivision; and
   2. more than 35 metres from the nearest point of the property boundary of the closest other residential premises.
2. For the purposes of subregulation (1), an item is listed if it is equipment or a motor vehicle that falls within Group 1 or 6 in the Table in regulation 6 and is—
   1. earthmoving machinery that does not use an impacting, vibrating or rotating implement operated by hydraulic or pneumatic means; or
   2. a concrete dispensing truck; or
   3. compaction plant that is a self-propelled single drum vibrating roller or non-vibrating compaction machinery.
3. Subregulation (1) ceases to have effect with respect to noise emitted from a residential premises on one of the following first occurring—
   1. 20 weeks passes from the commencement of work on the premises using any item listed in subregulation (2);
   2. in the case of premises that is a lot on the certified plan of subdivision referred to in the definition of relevant land, the works referred to in that definition required to construct or upgrade a road are completed on the section of road that adjoins the lot.

Partial exemptions for premises on fringe residential subdivisions more than 200 metres from nearest property (regulation 8)

1. Section 48A(5) of the Act does not apply to noise from an item listed in subregulation (2) that is emitted between 7 a.m. and 9 a.m. on a Saturday from residential premises located—
   1. on a fringe residential subdivision; and
   2. more than 200 metres from the nearest point of the property boundary of the closest other residential premises.
2. For the purposes of subregulation (1), an item is listed if it falls within Group 1, 2 or 6 in the Table in regulation 6 and is—
   1. equipment or a motor vehicle that is—
      1. earthmoving machinery that uses an impacting, vibrating or rotating implement operated by hydraulic or pneumatic means; or
      2. any type of compaction plant; or
      3. any type of motor vehicle or equipment listed in regulation 7(2); or
   2. any item that falls within Group 2 in the Table in regulation 6, other than a pile driver; or
   3. any item that falls within Group 6 in the Table in regulation 6.
3. Subregulation (1) ceases to have effect with respect to noise emitted from a residential premises that is a lot on a certified plan of subdivision referred to in the definition of relevant land when the works referred to in that definition required to construct or upgrade a road are completed on the section of road that adjoins the lot.

Partial exemptions for premises with large scale residential developments in non-residential zones (regulation 9)

Section 48A(5) of the Act does not apply to noise from an item that falls within Group 1, 2 or 6 in the Table in regulation 6 that is emitted during the prohibited time prescribed for that Group if the premises from which the noise is emitted is located on land—

1. no part of which is occupied by a person as a residence; and
2. on which a residential premises is under construction; and
   
   • Note: A residential premises under construction may include a residential premises being extended or structurally altered or commercial or industrial premises being converted into a residence.
3. no part of which is zoned for residential purposes under any planning scheme; and
   • Note: The following residential zones are specified in clause 32 of the Victoria Planning Provisions: RGZ, GRZ, NRZ, LDRZ, MUZ and TZ.
4. on which the residential premises has or, when constructed, will have—
   1. 4 or more storeys above ground level; or
   2. 2 or more storeys below ground level.