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Neighbourhood noise - City of Gosnells - wa.gov.au

Neighbourhood noise - City of Gosnells - wa.gov.au

Neighbourhood noise - City of Gosnells - wa.gov.au

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What to do with a <strong>noise</strong> complaint?If <strong>noise</strong> is disruptive and does not fit into one<strong>of</strong> the mentioned examples or is unreasonable,the first thing needed is to actually locate the<strong>noise</strong> source.If a neighbour is creating <strong>noise</strong>, the bestapproach is to try and resolve it by discussingthe matter directly with them.If the situation does not change, contact the<strong>City</strong>’s Health Services on 9397 3021. Writtencomplaints should include the dates, times, natureand duration <strong>of</strong> the <strong>noise</strong>.What can happen if a <strong>noise</strong> complaintis lodged?An Environmental Health Officer may visit theowner/occupier <strong>of</strong> the property where the <strong>noise</strong>is occurring and advise them <strong>of</strong> the complaint.In most cases, the first meeting will solve the <strong>noise</strong>problem. If not, a verbal or written <strong>wa</strong>rning maybe issued or sound level readings may be taken.If readings are higher than the prescribed <strong>noise</strong>level, the owner/occupier <strong>of</strong> the premises will benotified and given a period <strong>of</strong> time to reduce the<strong>noise</strong> to prescribed levels.<strong>City</strong> <strong>of</strong> <strong>Gosnells</strong>PO Box 662<strong>Gosnells</strong> WA 69909397 3000council@gosnells.<strong>wa</strong>.<strong>gov</strong>.<strong>au</strong>www.gosnells.<strong>wa</strong>.<strong>gov</strong>.<strong>au</strong><strong>Neighbourhood</strong> <strong>noise</strong>HEALTH SERVICESTo assist the Environmental Health Officer indealing with your <strong>noise</strong> complaint, please keepa diary for approximately two weeks, detailingthe above information.If further readings are taken and the <strong>noise</strong> is stillabove prescribed levels, the <strong>City</strong> may take furtheraction, which could result in the following:1. Issue <strong>of</strong> an infringement notice – $250 for afirst <strong>of</strong>fence and $500 for subsequent <strong>of</strong>fences.2. Seizure for up to 12 months <strong>of</strong> equipmentcontributing to unreasonable <strong>noise</strong>.3. Service <strong>of</strong> an Environmental Protection Notice(EPN) or a Noise Abatement Direction (NAD).The maximum penalty for non-compliance with therequirements <strong>of</strong> a NAD or an EPN is $25,000 foran individual and $62,000 for a body corporate.In addition, if a breach <strong>of</strong> the EnvironmentalProtection Act is intentional or criminallynegligent, the maximum penalty rises to$250,000 for an individual and $500,000for a body corporate.Legal action is never the preferred option.Resolving a <strong>noise</strong> issue through consensus andcooperation is the most desirable outcome.Printed on unbleached 100% recycledand recyclable paper.This document is availablein alternative formats.Fore more information contact the <strong>City</strong>’s HealthServices on 9397 3021.2014/15


<strong>Neighbourhood</strong> and <strong>noise</strong>Equipment used on residential premisesConstruction site <strong>noise</strong>At some time, most people have been disturbedby neighbourhood <strong>noise</strong> and there are probablyoccasions when they have also been responsiblefor c<strong>au</strong>sing disturbance.Current trends to<strong>wa</strong>rds smaller lot sizes inresidential areas have increased the likelihood<strong>of</strong> making <strong>noise</strong> that might affect others.What is <strong>noise</strong>?Noise is best described as any un<strong>wa</strong>nted orunpleasant sound. Noise can disrupt lives, c<strong>au</strong>seloss <strong>of</strong> sleep or emotional stress and interferewith activities.Assigned <strong>noise</strong> levels are set out in theEnvironmental Protection (Noise) Regulations1997 (the Regulations) to ensure that <strong>noise</strong> froma premises is kept to acceptable levels for otherneighbouring properties.When is <strong>noise</strong> unreasonable?The Regulations set different levels for the type <strong>of</strong>premises receiving <strong>noise</strong> at various times <strong>of</strong> theday. As a guide, <strong>noise</strong> which is clearly <strong>au</strong>dibleat the boundary <strong>of</strong> a property may c<strong>au</strong>se adisturbance and exceed prescribed <strong>noise</strong> levels.Any <strong>noise</strong> emitted from a premises must complywith the prescribed <strong>noise</strong> levels. However, understrict conditions, legislation does allow certainnoisy activities to occur.Specified equipment is defined as ‘any equipmentthat requires the constant presence <strong>of</strong> an operator– for example, a lawn mower or power tools.’Specified equipment should not be used for morethan two hours a day. The only exception to this ismusical instruments which are not to be used formore than one hour a day.Specified equipment may only be used:• Monday to Saturday, 7am – 7pm• Sundays and public holidays, 9am – 7pmThe equipment must be used in a reasonablemanner and not interfere with the health, welfare,convenience or amenity <strong>of</strong> an occupier <strong>of</strong> apremises receiving <strong>noise</strong>.Air conditionersNoise from air conditioners can disturbneighbours, sleep, interfere with normal dailyactivities and can have a significant effect onpeople’s health.The Regulations may prevent your air conditionerfrom being used if inappropriately selected,installed or located.The location <strong>of</strong> the air conditioner is the mostimportant factor. Air conditioners should belocated as far a<strong>wa</strong>y as possible from neighbours’bedrooms and outdoor recreation areas.Relocation or adjustment <strong>of</strong> a noisy air conditionercan be very expensive and inconvenient. A guidefor estimating potential <strong>noise</strong> levels from airconditioners is available from the <strong>City</strong>’s website.Construction work on building sites can be carriedout on any day, between 7am and 7pm excepton Sundays and public holidays. Work at othertimes is only permitted under an approvedNoise Management Plan.Noise made during partiesMusic <strong>noise</strong> emitted from a party will generallyexceed the prescribed <strong>noise</strong> level. Neighboursmay tolerate ‘one-<strong>of</strong>f parties’ if they have beenadvised in advance <strong>of</strong> the following:1. The date <strong>of</strong> the party – neighbours may wish tomake alternative arrangements and go out forthe evening.2. The time music will be switched <strong>of</strong>f or turneddown – intentions not to disturb neighboursafter midnight is generally accepted by thecommunity but it is not law.3. A phone number – so neighbours can ring ifthe music gets too loud.Even if the above guidelines are followed,neighbours can still lodge a complaint with thePolice and/or the <strong>City</strong> about noisy parties.<strong>City</strong> Authorised Noise Officers and the Policehave the power to ensure music is turned downor to confiscate equipment.What about barking dogs?Owning a dog is a responsibility. Dog ownersneed to ensure that their dog/s do not becomeneigbourhood nuisances by barking.Barking is very subjective, with manyinterpretations as to what constitutes a nuisance.If you are concerned about <strong>noise</strong> from barkingdogs, please call the <strong>City</strong>’s Ranger Service on9397 3000.

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