The Law Handbook 2024

Chapter 6.4: Neighbour disputes 591 provisions of the EP Act may provide relief. Keeping a diary of when and how long the particular noise occurs is a practical and useful record to support any complaint you make. Environment Protection Act Section 167 of the EP Act makes it an offence for a person to cause or allow unreasonable noise to be emitted from residential premises. Noise complaints should be directed to the police or to the local council’s residential noise enforcement officer, not to the EPA. In deciding whether a noise is unreasonable, a police officer or council officer will consider: • volume; • source and intensity; • time and place; • circumstances; • how long the noise continues; and • whether the noise repeats or reoccurs. The council officer may issue a residential noise improvement notice, which requires the person to stop the noise or to do any other thing that the council reasonably considers is necessary to prevent or minimise the noise. If this fails and the council officer is satisfied that the noise is unreasonable, the matter may proceed to court (s 174 EP Act). The Environment Protection Regulations 2021 (Vic) (‘ EPR Regulations ’) prohibit the use of certain items during specified hours. They include motor vehicles, lawn mowers, power tools, domestic air conditioners, musical instruments and electrical amplified sound-reproducing equipment. Sometimes, noise can be so disturbing that immed­ iate action is required. In such cases, ring the police. A police officer who is satisfied, after investigating the complaint, that the noise is unreasonable can enter the premises from which the noise is emitted and direct a person to stop or reduce the noise. Where a prescribed item is in use during a period that is prohibited for that item under the EPR Regulations, the officer can issue an on-the- spot fine. Council local laws Municipal councils may have local laws (previously called by-laws under the Local Government Act 1989 (Vic)) to control and prohibit noise. Those local laws in force are diverse and it will be necessary to check with the local council to determine whether a particular noise problem is covered in your area. Some councils have local laws that deal, for example, with barking dogs and raised voices. Any complaints about noise should be directed to the officer responsible for local laws or the Environmental Health Officer of the council. Noise from entertainment venues Music from pubs, discos, reception centres, cabarets, community halls, open-air venues and clubs may be far from entertaining for nearby residents. Environment Protection Act Section 169 of the EP Act gives police officers the power to deal with noise complaints from entertainment venues. An ‘entertainment venue’ is defined as ‘any premises or place where music is performed or played but does not include residential premises or a place or worship’. Upon receiving a noise complaint, a police officer may direct any person who is in charge at the entertainment venue to take such action as the officer considers to be necessary to abate the noise. Any person who fails to comply with such a direction is guilty of an offence and can be fined up to 600 pu (s 169(3) EP Act). Liquor licensing Victoria Hotels, licensed or bring-your-own restaurants, and any similar premises are required to hold the relevant liquor licence. These licences are likely to contain a noise condition. In extreme cases, conditions may be imposed on the licence that require the licensee to ensure the escape of noise from the premises is not to be audible in any neighbouring premises. Any noise complaint involving these premises should be directed to both the local council and the Victorian Commission for Gambling and Liquor Regulation. This commission has the power to cancel, suspend or vary a licence or a permit on the basis that it would detract from or be detrimental to the amenity of the area in which the premises are situated (s 95 Liquor Control Reform Act 1998 (Vic) (‘ LCR Act ’)). An application for a new licence or permit, or an application to vary or transfer a licence or permit, provides an opportunity for ‘any person’ to object to the grant, variation or relocation of the licence.