The Law Handbook 2024

592 Section 6: Houses, communities and the road Any person may object to the application on the grounds that it would ‘detract from or be detrimental to the amenity of the area in which the licensed premises or proposed licensed premises are situated’ (s 38 LCR Act). Other remedies Council local laws and planning controls may also provide avenues for redress. Make inquiries at the planning department of your local council. Noise from motor vehicles Noise and pollution from motor vehicles can be sources of complaints and concern, particularly in big cities. The legislation that applies to noise from motor vehicles is outlined below. Road Safety Road Rules The Road Safety Road Rules 2017 (Vic) (reg 291) state that, ‘a person must not start a vehicle or drive a vehicle in a way that makes unnecessary noise or smoke’. Environment Protection Regulations Under the EP Regulations, motor vehicles must meet noise standards when travelling on roads. These regulations also set out the level of permissible noise that can be emitted. The regulations also specify the procedure whereby noise emissions are to be tested. Noise standards for trucks, buses and motorcycles are also set out in Division 3 of Part 5.6 of the regulations. The regulations also make it an offence for any person to sell or supply a motor vehicle that is capable of exceeding a prescribed standard for the emission of noise (reg 148). Local Government Act Division 2 of Part 9 of the Local Government Act 1989 (Vic) (‘ LG Act ’) gives councils powers about roads, public highways and traffic regulations. Section 207 of the LG Act gives powers to councils over traffic in its municipal district. Section 207 refers to schedule 11, which deals specifically with the particular powers councils have over traffic. Provided there is an alternative route and certain other conditions are met, clause 12 of schedule 11 of the LG Act empowers a council to restrict the use of a road or street by vehicles over a specified size or weight. This power may be used by a council to regulate traffic flow and thereby reduce noise in residential streets. If this is an appropriate solution, residents affected by the noise should approach the council with a petition to have limits placed on traffic in their area. Contacts Dispute Settlement Centre of Victoria (DSCV) Level 4, 456 Lonsdale Street, Melbourne Vic 3000 Tel: 1300 372 888 Web: www.disputes.vic.gov.au The DSCV has temporarily closed its telephone line but it is contactable via its web form. It also has offices in metropolitan and regional Victoria; see its website for addresses. Environmental Justice Australia (EJA) Level 3, the 60L Green Building, 60 Leicester Street, Carlton Vic 3053 Tel: 8341 3100; 1300 336 842 Email: admin@envirojustice.org.au Web: www.envirojustice.org.au EJA is a legal practice that specialises in environmental law. EJA publishes information about Victorian environmental law and provides targeted access to justice for communities facing environmental justice issues. Environment Protection Authority Victoria (EPA) 200 Victoria Street, Carlton Vic 3053 Tel: 1300 372 842 (24/7) Email: contact@epa.vic.gov.au Web: www.epa.vic.gov.au The EPA Vic is Victoria’s environment regulator. Victorian Civil and Administrative Tribunal (VCAT) Tel: 1300 018 228 Email: civil@vcat.vic.gov.au Web: www.vcat.vic.gov.au VCAT hears matters at venues in metropolitan and regional Victoria; see VCAT’s website for addresses.