Seeking noise abatement orders - Wollongong City Council

Seeking noise abatement ordersto stop offensive noiseThis brochure tells you how you can seek a noiseabatement order if you decide to take actionindependently of the local council or other regulator tostop offensive noise from neighbours.2

seekingnoiseabatementordersWhen neighbours are noisyOften people are unaware that their activities may becausing a problem and are usually happy to work withyou to solve the problem. Try to solve the problemamicably by talking to whoever is causing the noise.If the problem persists discuss the issue with anindependent mediator. Community Justice Centres(CJCs) offer this professional service. This can onlywork where your neighbour volunteers to participate.The mediation process involves no cost to you or yourneighbour and has a high success rate. For contactinformation on your nearest CJC, visit www.cjc.nsw.gov.auor phone 1800 990 777.Your local council and the police have powers to stopoffensive noise. The police may issue noise abatementdirections to deal with one-off urgent noise problemssuch as late night parties. Where the noise is a continuingproblem the council may issue noise control notices orprevention notices. The Department of Environmentand Climate Change (DECC) brochure Dealing withneighbourhood noise further explains these measures andoutlines the steps you can take to prevent noise being anissue for you.If you are dissatisfied with the response from your localcouncil or the police, you have the option of seekinga noise abatement order. Seeking an order should beconsidered only when all other avenues have failed tosolve the problem.3

seekingnoiseabatementordersHow to seek a noise abatement order?Your local court can tell you what information the courtneeds for them to consider issuing an order. Contactdetails for your local court are in the White Pages under‘Local Courts’ or on the internet at www.lawlink.nsw.gov.au.The court registry staff can explain the process to you. Thisgenerally means:(1) You may be required to provide evidence that offensivenoise has occurred and is likely to recur. Ask your localcourt what its requirements are. For example, the localcourt may require signed statements from at least twowitnesses corroborating that the noise occurred andrecurred. The witnesses may or may not have consideredthat the noise was offensive to them.(2) There may be costs associated with obtaining an order.The order is typically granted after a court hearing whereboth parties are required to attend. A strong case thatestablishes the presence of offensive noise, its durationand the effects on you and your neighbours will help thecourt in making a decision. Both sides can be representedby lawyers. If you lose your case you may have to pay thelegal costs of the other side as well as your own.(3) The court process – when you have gathered all theevidence and details that the court requires, lodge anapplication notice with the court. A fee of $70 applies tolodge an application. The court will provide advice onhow application notices are to be made. As an individualyou will need the court registrar’s approval to register theapplication notice and begin the legal process. The courtmay require you to consider, as an initial step, seekingmediation at a Community Justice Centre with the viewthat the court would only proceed if mediation failed.45

56When will my case be heard?Once your application notice is registered and served,your case is listed for mention and could be heard in a fewweeks or sooner depending on how busy the local court is.You can ask the court registry staff for more details of whathappens at the hearing and how you can prepare your case.What happens if the order is issued?The court will issue the order requiring your neighbour tostop making the offensive noise. The Sheriff will serve a copyof the order on your neighbour. A service fee of $50 applies.You can also ask the magistrate for a costs order ifthe noise abatement order is issued. That is, if you aresuccessful in obtaining the order, the magistrate canrequire the respondent to cover some or all of the costsyou incurred.However the order can be appealed to the Land andEnvironment Court within 21 days of making the order.What will the order say?It requires your neighbour not to make offensive noise (ofthe type specified in the order). They must comply.What happens if I lose?You could seek legal advice about alternatives. A costsorder may be made against you by the court.What happens if my neighbourignores the order?Continuing to make offensive noise after an order hasbeen issued is a breach of the court order and this is acriminal offence. Contact the police and show them acopy of the court order. Breaching a court order can alsolead to contempt of court charges.

seekingnoiseabatementordersWho enforces a breach of the order?The local court, at a court hearing, will consider whethera breach has occurred. You need evidence to supportyour case that a breach has occurred. As this is a criminaloffence, the evidence requested is of the criminalstandard, that is, it needs to establish ‘beyond reasonabledoubt’ that a breach has occurred.What evidence do I need to establish‘beyond reasonable doubt’ that thebreach has occurred?This is likely to be more comprehensive than the initialevidence gathered when the application for the noiseabatement order was first made.Check with your local court as to their requirements.You may obtain legal advice from LawAccess, a legalinformation and assistance service, by telephoning1300 888 529. As a guide, the court may need statutorydeclarations from witnesses who would need to beprepared to go to court to give their evidence.What happens if the court decidesthat a breach has occurred?The court may impose heavy penalties both for the breachand possibly also for contempt of court. In addition, acosts order that may cover court and/or professional costsmay be made against the defendant at this time.67

ContactsCommunity Justice CentrePhone: 1800 990 777, 86887455 or 4925 0333Fax: 8688-9615 or 4925 0300Email: cjc_northern@agd.nsw.gov.auWebsite: www.cjc.nsw.gov.au:TTY: 1800 671 964Address: Level 5, ParramattaJustice Precinct160 Marsden Street ParramattaNSW 2150CouncilsContact details for all NSWCouncils can be found on theLocal Government Directorypage of the Department ofLocal Government’s websitewww.dlg.nsw.gov.auPoliceNSW Police Assistance Linephone: 131 444Police stations are listed under‘police’ in the Business andGovernment edition of theWhite Pages.Local courtsA directory of all local courtsin NSW is at www.lawlink.nsw.gov.auphone: 1300 888 529Published by:Department ofEnvironment andClimate Change NSW59–61 Goulburn StreetPO Box A290Sydney South 1232Phone: (02) 9995 5000(switchboard)Phone: 131 555(environment informationand publications requests)Phone: 1300 361 967(national parks informationand publications requests)Fax: (02) 9995 5999TTY: (02) 9211 4723Email: info@environment.nsw.gov.auWebsite: www.environment.nsw.gov.auISBN 978 1 74232 014 4DECC 2008/558October 20088Printed on paper manufactured fromsustainable resources