|
|
 |
Home>Council Services>Health Services>Noise Management
|  | | |
 Noisy Neighbours
Residential construction noise
Factory noise
Prohibited Times
| Noisy Neighbours | | The best approach for dealing with noisy neighbours is to talk to them and work together on a solution to settle the problem. Sometimes neighbours are not aware that they are making unreasonable noise, or that they are disturbing you. Often talking to them can lead to changes that will benefit you both.
If talking to your neighbour does not resolve the problem, you do have other options available.
Action can be taken through our Environmental Health office. We can warn offenders to stop noise such as noisy parties or annoying air conditioners during prohibited hours. This direction will remain in force for 12 hours. Failure to comply with a council direction is an offence and offenders are liable for on the spot fines.
We can also take action under the Nuisance Provisions of the Health Act 1958. If you believe your noise problem has not been resolved to your satisfaction, you may consult a solicitor and take legal action yourself under the Health Act.
The Dispute Settlement Centre of Victoria can assist in resolving noise problems. The organisation helps people settle their disputes in a cooperative and lasting way. Mediation relies on both parties to the dispute being willing to discuss the problem in the presence of a mediator. Services are free and confidential.
Residential noise and the law
The Environment Protection (Residential Noise) Regulations 1997 list specific types of equipment and times their use is prohibited. The times depend on the type of equipment being used and the day of the week.
Some activities are easily recognisable as producing unreasonable noise, but some can be difficult to determine.
The Benalla Rural City Health Services staff can listen to, and form an opinion about, the noise. We may also ask you to keep a diary of when the noise occurs and take measurements of the noise levels to present to a magistrate if the problem is dealt with in court. Top
| |
| Residential construction noise
| | | Noise heard outside the prohibited times from equipment used for the construction of a residential premise, such as jackhammers and power tools, may also be unreasonable. In these cases contact Benalla Rural City Council to report the noise. Top
| |
| Factory noise
| | | State Environment protection policy (Control of Noise from Commerce, Industry and Trade) No N-1 sets limits for noise from industry. EPA will investigate noise reports about major industries. Reports about noise from shops and other small commercial premises are better resolved at the local level. Reports should be made to Council's Customer Relations Team. Top
| |
| Prohibited Times |
| Group |
Description |
Prohibited times |
|---|
| 1 |
A motor vehicle (except a vehicle moving in or out of premises), lawn mower or 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, swimming pool pump, spa pump, 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 electrical equipment or appliance not falling within Group 2, Group 3, or Group 4, including electric gardening equipment. |
Monday to Friday: Before 7am and after 8pm; Weekends and public holidays: before 9am and after 8pm
|
|
Top
|
| Note: The prohibited times apply when the noise can be heard from inside a habitable room of another residential premise.
| |
| |
|
 |