Noise and Your Neighbours

Your Rights & Responsibilities

 

Environmental Management & Pollution Control Act 1994

Miscellaneous Noise Regulations 2016

 

While people are allowed to produce reasonable levels of noise as part of their lifestyle, laws are in place to control environmental nuisances caused by excessive noise that interferes unreasonably with another person's enjoyment of the environment.

 

The use of chainsaws, off-road vehicles, lawnmowers, etc is prohibited at certain times, volumes and / or locations are limited and a number of activities have conditions associated with their use. For example, except under special conditions  a motorcycle is not to be operated off-road within 500 metres of domestic premises without the consent of the occupiers. Other potentially noisy pursuits like band practice, stereos and backyard mechanics can also be controlled if they produce excessive noise. The intent of the laws is to provide limits for appropriate activities and to protect the rights of the people whose enjoyment of the environment is being unreasonably interfered with by unlawful activities. Monetary penalties can be applied for breaches of the legislation.

 

Before engaging in a potentially noisy activity, you should consider the following:

  1.  The time, location, duration and intensity of the noise and the likelihood of it causing a nuisance to neighbours.
  2.  The volume of the activity. A good indication is that if the noise is likely to be heard in a neighbouring residence, chances are that it will cause a nuisance to the occupants.
  3.  Advise neighbours. Let neighbours know that you will be creating noise and the likely duration of the activity. You may need to adjust the time and location of the activity to maintain neighbourhood harmony.
  4.  Check the appropriate legislation. A guide to permissible operating times of certain things is included below. For further clarification, please see www.thelaw.tas.gov.au or contact Council's Environmental Health Department on ph 6323 9300.

If you feel that you are the victim of an environmental nuisance in the form of excessive noise that interferes unreasonably with your enjoyment of the environment or is in breach of the limits, then you should contact Council's Environmental Health Department for advice. Most often, the best outcome for neighbourhood harmony is achieved by first letting the person know that what they are doing is creating a problem. Give them some options, such as a change in time, location or volume; this allows them to carry out their activity without creating a nuisance. If they refuse to do the right thing, then they should not be upset when a formal complaint is made.

 

If you wish to make a formal complaint, contact Council's Environmental Health Department on 6323 9300 or if after hours, the Tasmania Police Assistance Line for non-emergencies on 131 444. Remember, when making a complaint ensure you know the address where the noise is coming from, the type of noise and its duration. A diary of the noise will assist Council with their investigations.

 

The following schedule outlines the prohibited hours of use of specified things. This is to be used as a guide only. For further details, please visit www.thelaw.tas.gov.au.

 

In this Schedule -

 

portable equipment includes any equipment that can be demounted and transported without major disassembly, such as a power tool, gas or air compressor, generator, pump or cement mixer.

 

public holiday means a statutory holiday within the meaning of the Statutory Holidays Act 2000.


sound-amplifying equipment means any machine or device that allows the amplification o the human voice, music or any other sound.

  

 Day of operation Prohibited hours of use
Power lawn mower and other garden maintenance equipment powered by an engine
Monday to Friday Before 7.00am & after 8.00pm
Saturday Before 9.00am & after 8.00pm
Sunday or Public Holiday Before 10.00am & after 8.00pm
Chainsaw powered by internal combustion engine operated within 300m of residential property
Monday to Friday Before 7.00am & after 6.00pm
Saturday Before 8.00am & after6.00pm
Sunday or Public Holiday Before 10.00am & after 6.00pm
Musical instrument or sound amplifying equipment
Monday to Thursday Before 7.00am & after 10.00pm
Friday Before 7.00am
Saturday Before 9.00am
Sunday or Public Holiday Before 10.00am & after 10.00pm
Mobile machinery, forklift truck or portable equipment
Monday to Friday Before 7.00am & after 6.00pm
Saturday Before 8.00am & after 6.00pm
Sunday or Public Holiday Before 10.00am & after 6.00pm
Motor vehicles, motor vessel or outboard motor (unless the vehicle, vessel or motor is being operated to move into or out of residential premises or a construction or demolition site)
Monday to Friday Before 7.00am & after 6.00pm
Saturday Before 9.00am & after 6.00pm
Sunday or Public Holiday Before 10.00am & after 6.00pm

 

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