3.1 Disputes between neighbours about noise are regulated under the common law of nuisance and by legislation. Some legislation is directed towards reducing the likelihood of disputes about noise. For example, building regulations set standards which designers and builders must meet to reduce the impact of noise in buildings, while regulations under the Strata Schemes Management Act 1996 (NSW) provide model by-laws for strata schemes which include provisions regarding the creation of noise and appropriate noise reducing floor coverings.

3.2 Provisions of the Protection of the Environment Operations Act 1997 (NSW) which replaces the Noise Control Act 1975 (NSW) (and regulations made under that Act) provide remedies for people who are affected by noise.¹ They give prescribed authorities the power to regulate the emission of noise from certain premises. They also aim to reduce the likelihood of disputes about noise by regulating noisy articles.

COMMON LAW OF NUISANCE

3.3 The common law of nuisance provides very little help to a person affected by a neighbour’s noise. The case must be heard in the Supreme Court. This is very expensive and tends to involve long delays during which the noise may continue and tensions between neighbours may escalate.

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 (NSW)

3.4 The Protection of the Environment Operations Act 1997 (NSW) was passed in December 1997. It repeals the Noise Control Act 1975 (NSW) and regulations. However, at the time of writing this Report, the new Act is not yet operational and new regulations have not been drafted.² The EPA has advised the Commission that the new regulations are likely to be very similar to the regulations under the Noise Control Act 1975 (NSW).

3.5 The Noise Control Act 1975 (NSW) was a comprehensive attempt to control noise in the community. Its provisions have been largely incorporated into the new Protection of the Environment Operations Act 1997 (NSW). This Report will consider only those parts of the new Act and regulations made under the Noise Control Act 1975 (NSW) which deal with noise that gives rise to disputes between residential neighbours, namely:

• the regulation of the sale of noisy machinery and equipment;
• the issuing of noise control notices relating to premises, use or operation of articles, carrying out of activities, and times;
• the issuing of noise abatement orders; and
• the issuing of noise abatement directions.

3.6 The new Act sets out the powers of authorised officers and provides for appeals against noise control notices and noise abatement orders.

Time restrictions on domestic noise

3.7 As previously mentioned, regulations made under the Noise Control Act 1975 (NSW) are likely to be replicated in the new regulations to be drafted under the Protection of the Environment Operations Act 1997 (NSW). These regulations prohibit the use on residential premises of specified articles “in such a manner that it emits noise that can be heard in a room within any other residential premises” at specified times. For example:

• power tools must not be used between 8 pm and 8 am on Sundays and public holidays and between 8 pm and 7 am on other days;³
• swimming pool and spa pumps must not be used between 8 pm and 8 am on Sundays and public holidays and between 8 pm and 7 am on other days;⁴
• musical instruments must not be played between midnight and 8 am on any day;⁵
• amplified sound equipment, including radios, televisions, tape recorders, record players, CD players or public address systems must not be used between midnight and 8 am on any day;⁶ and
• air conditioners must not be used between 10 pm and 8 am on Saturdays, Sundays and public holidays and between 10 pm and 7 am on other days.⁷

Regulation of inherently noisy machinery and equipment

Sale of inherently noisy articles

3.9 The Protection of the Environment Operations Act 1997 (NSW) prohibits the retail sale of specified articles, if new, that exceed a prescribed noise level.⁸ Regulations can cover plant, motor or other vehicles, vessels or other things of any description.⁹ The penalty for committing this offence is a maximum of $60,000 for corporations and a further penalty of $6,000 for each day the offence continues or $30,000 for individuals with a further penalty of $600 for each day the offence continues.¹⁰

3.10 Existing regulations under the Noise Control Act 1975 (NSW) include various kinds of grass cutting equipment, including lawn mowers, ride-on mowers, edge cutters and string trimmers.¹¹ They also include motor vehicles and accessories, including horns and intruder alarms.¹² It is an offence to sell specified articles, including chainsaws, domestic air conditioners, mobile air compressors, pavement breakers and mobile garbage compactors unless they have a label attached that states the article’s maximum noise level.¹³ It is also an offence to sell a building intruder alarm unless it automatically turns itself off within 5 minutes after being activated and cannot be reactivated by the same detection device until it has been manually reset.

Use of building intruder alarms

3.11 An occupier must not use a building intruder alarm if it makes a noise that can be heard in other residential premises unless:

• if installed before 1 September 1997 — it stops automatically within 10 minutes after being activated and cannot be reactivated by the same detection device until it has been manually reset; or
• if installed on or after 1 September 1997 — it stops automatically within 5 minutes after being activated and cannot be reactivated by the same detection device until it has been manually reset.

Use of motor vehicles and accessories

3.12 Regulations made under the Noise Control Act 1975 (NSW) create a number of offences arising out of the use of motor vehicles and motor vehicle accessories. Offences relevant to residential neighbours that prohibit offensive noise include causing or permitting a motor vehicle to be used in a place, other than a public place, in such a way that it emits offensive noise¹⁵ and causing or permitting a motor vehicle’s sound system to be used in such a way that it emits offensive noise.¹⁶ The maximum penalty for the offences is 5 penalty units ($550).

3.13 Other offences prohibit the use on residential premises of a motor vehicle or a refrigeration unit fitted to a motor vehicle “in such a manner that it emits noise that can be heard in a room within any other residential premises” at specified times. For example, motor vehicles must not be used between 8 pm and 8 am on Sundays and public holidays and between 8 pm and 7 am on other days, except when entering or leaving the premises¹⁷ and refrigeration units fitted to motor vehicles must not be used between 8 pm and 8 am on Sundays and public holidays and between 8 pm and 7 am on other days.¹⁸ In each case, failure to comply with the regulation is an offence with a maximum penalty of 5 penalty units ($550). However, a person is not guilty of an offence unless he or she has been warned not to use the article in the prohibited way and then does so within 28 days of the warning being issued.

Use of motor vehicle intruder alarms

3.14 The use of motor vehicle intruder alarms is also regulated. It is an offence to cause or permit the use of an alarm that can be triggered, while the engine is running or the ignition is turned on, by means of a panic or override switch.¹⁹ It is an offence to cause or permit an alarm to sound for more that 90 seconds if the vehicle was manufactured before 1 September 1997; or for more than 45 seconds if the vehicle was manufactured on or after 1 September 1997. However, it is not an offence if the alarm sounds for more than 90 or 45 seconds because a window or windscreen is broken or removed; or the vehicle is involved in an accident; or the vehicle is illegally broken into or there is an illegal attempt to break into it.²⁰ In the case of motor vehicles manufactured on or after 1 September 1997, it is also an offence to cause or permit an alarm to be sounded unless the alarm has a maximum noise level of not more than 115dB (A) and it cannot be reactivated until it has been manually reset.²¹

3.15 The maximum penalty for each offence is 50 penalty units ($5,500) for corporations and 5 penalty units ($550) for everyone else. In addition, authorised officers have the power to:

• stop vehicles and to do what is necessary to have the vehicle or accessories tested or inspected;²²
• require vehicles and accessories to be presented for further testing;²³
• seize accessories;²⁴ and
• issue a defective vehicle notice.²⁵

Remedies

3.16 The Protection of the Environment Operations Act 1997 (NSW) provides three ways to deal with noise:

• noise abatement directions for one-off noise, for example, a late night party;
• noise control notices for ongoing noise, such as a barking dog or a noisy air conditioner; and
• noise abatement orders for ongoing noise problems that are difficult to resolve.

Offensive noise

3.17 “Offensive noise” is the key to most remedies provided by the Protection of the Environment Operations Act 1997 (NSW). The Act provides that noise includes sound and vibration.²⁶ Offensive noise is defined as:

(a) noise that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances,

(i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted;

(ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted; or


(b) that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.²⁷

Noise abatement directions

3.18 Noise abatement directions are a remedy for a person affected by isolated incidents of offensive noise, such as a late night party. The Act empowers authorised persons, including police officers and employees of local councils, to issue a noise abatement direction where it appears to the authorised person that offensive noise is being, or has at any time during the preceding seven days been, emitted from a premises. The noise abatement direction may direct the person whom the authorised person believes to be the occupier of the premises to cause the emission of the noise to cease and/or direct any person whom the authorised officer believes to be making, or contributing to the making of, the noise to cease doing so.²⁸ It is an offence if the person to whom a noise abatement direction has been given, without reasonable excuse fails promptly to cease making or contributing to making the offensive noise or makes or contributes to making the offensive noise within 28 days (or other specified time) after the direction has been given.²⁹

3.19 The penalty is 30 penalty units ($3,300). If necessary to enforce, or to investigate whether there has been a breach of, a noise abatement direction, the police may apply for a warrant to enter the premises from which the noise is coming.³⁰ The Protection of the Environment Operations Act 1997 (NSW) gives police a new power. If a person is contravening a noise abatement direction the police may seize or secure any equipment that is being used to contravene the direction. Before they do so the police must warn the person in charge of the equipment that the continued use of the equipment may lead to its seizure.³¹ The police must release or return the equipment within 28 days.

Noise control notices

3.20 A noise control notice is a remedy for a person affected by continuing noise, such as a dog that barks all day or very loud music all night. He or she may apply to the local council to issue a noise control notice to the occupier of residential premises. The notice may prohibit the occupier of premises from causing, permitting or allowing, between specified times or at all times, or on specified days or on all days, any specified activity to be carried on at those premises or any specified article to be used or operated at those premises in a way which causes noise in excess of specified levels to be emitted from those premises.³²

3.21 The council or the EPA may prosecute the occupier for an offence against the Protection of the Environment Operations Act 1997 (NSW) if he or she fails to comply with the notice and the contravention results in noise emission from the premises that can be detected or perceived outside the premises without the aid of an instrument, machine or device. The penalty for an individual is $30,000 and for a continuing offence a further penalty of $600 for each day the offence continues.³³

Noise abatement orders

3.22 A householder affected by offensive noise can complain to a justice of the peace that his or her occupation of the premises is affected by offensive noise.³⁴ The justice may summon to appear before the Local Court either the person alleged to be making, or contributing to the making, of the noise or the occupier of the premises from which the noise is alleged to be coming.³⁵

3.23 If the Court is satisfied on the balance of probabilities that the alleged offensive noise exists, or, although abated, is likely to recur on the same premises, it can make an order directing the person to abate the offensive noise within the time specified in the order and/or to prevent a recurrence of the nuisance.³⁶ It is an offence to contravene a noise abatement order.³⁷ The penalty is 30 penalty units ($3,300).³⁸ The order can be varied or revoked by a Local Court.³⁹

Exemptions

3.24 There are limitations on noise abatement directions, noise control notices, and noise abatement orders. A noise abatement direction or order has no force in so far as it:

(i) is directed to the State (or a person acting on its behalf), a public authority (or a person in his or her capacity as a member, officer or employee of a public authority) or a person or body prescribed by regulation;⁴⁰ or

(ii) would have the result of affecting:

• an activity carried on by or for the State or a public authority;
• any scheduled activity (for example, a rock concert or a major sporting event) or any other activity or work that is the subject of an environment protection licence; or
• any activity of a class or description prescribed by regulations.⁴¹

SUBMISSIONS

3.25 Of the 287 people who phoned the Commission’s neighbourhood dispute hotline, 104 complained of various types of noise. These included barking dogs, cars and trucks, loud music, musical instruments, voices including shouting, children playing, alarms and pool motors. Written submissions identified dogs, household equipment, vehicles and car alarms as the main sources of offensive noise. Some also suggested ways to address the problem.

Dogs

3.26 A number of submissions identified barking dogs as the source of neighbourhood noise that affected them. Barking dogs were described as the most irritating feature of urban life.⁴² One submission described a neighbour’s three Alsatian dogs barking repeatedly within a metre of the bedroom window for three or four hours a night;⁴³ another told of barking dogs disturbing sleep for two years;⁴⁴ yet another noted that the problem of a barking dog is at its worst when the owner is not at home.⁴⁵ A positive note was sounded by one submission that said that, with training, the problem of barking dogs can be overcome and suggested that training programs should be compulsory.⁴⁶ On the other hand, a submission suggested that dogs should be banned altogether in urban areas.⁴⁷

Equipment

3.27 In its submission, the Home Unit Owners Association of New South Wales stated that of noise complaints made to it (8% of all complaints), half were about loud music.⁴⁸ Another submission concerned with loud music suggested that more attention should be paid to sound proofing.⁴⁹ A noisy pool pump was also identified as a problem.⁵⁰

Vehicles

3.28 Submissions complained about jet ski noise starting before 8 am, noting the inconsistency between laws regulating the use of lawn mowers and jet skis,⁵¹ noisy trail bikes⁵² and revved up motor bikes and cars roaring up and down the street repeatedly, especially on Sundays.⁵³

Alarms

3.29 One submission noted the poor quality and unreliability of car alarms and stated that manufacturers should be legally obliged not to provide bleeps to show arming and disarming of car alarms and to ensure that the alarm functions properly.⁵⁴ Another submission complained that alarms in cars parked near the Hawkesbury River were activated while their owners were boating all weekend. The boaters ignored police telephone requests to come back and turn off the alarm, regarding the fine as a joke. The submission suggested that the police should have the power to break into the car to turn off the alarm just as they have the power to break into a house for that purpose.⁵⁵ The Community Justice Centres Council suggested that the problem of car alarm noise could be overcome by authorising someone to stop the alarm or to tow the car away to a suitable place.⁵⁶

Other issues

3.30 Responses in submissions to the issues raised and questions asked in DP 22 will be discussed in the next section of this Report.

OPTIONS FOR REFORM

Recent changes to the law

3.31 Since the publication of DP 22 in 1991, there have been a number of changes to noise control legislation. In particular, the Noise Control Regulation 1975 was repealed on 1 September 1995 and replaced by the:

• Noise Control (General) Regulation 1995;
• Noise Control (Miscellaneous Articles) Regulation 1995; and
• Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995.

On 4 October 1996, the Noise Control (Marine Vessels) Regulation 1996 was gazetted. The Protection of the Environment Operations Act 1997 (NSW), passed in December 1997 and expected to be operational in December 1998, repeals the Noise Control Act 1975 (NSW). The changes to noise control regulations and the new Act address many of the problems identified in submissions.

Should the definition of “offensive noise” be amended?

3.32 In DP 22 the Commission stated that even if a noise abatement order has been breached it is difficult to get a conviction because the definition of “offensive noise” is ambiguous.⁵⁷ It includes the concepts “offensive” and to “interfere unreasonably”. The Discussion Paper said the use of the concept of unreasonableness has cast courts back onto the common law. It suggested that “offensive noise” could be defined more clearly to make explicit the considerations available to a court and asked for submissions on the issue.

3.33 Of the submissions that addressed this issue, more favoured the suggestion than did not. Council of the City of Sydney, for example, supported the idea of defining “offensive noise” to make it objective and scientifically provable on the basis of its experience in trying to get a conviction for breach of a noise control notice. It stated that evidence from council and noise experts is not enough; one needs evidence of people who live or work nearby and this is difficult because people are often reluctant to give evidence against neighbours. In the Council’s view, the legislation must also specify the measurement place.⁵⁸ Other submissions agreed. One stated that the subjective nature of “offensive” is a problem as the effect of a particular noise can vary from a mild irritant to an unbearable or painful experience; the legislation should use universal measures relating to levels acceptable to the majority of the population.⁵⁹ Based on its experience, the Community Mediation Division of the Australian Dispute Resolution Association stated that noise that can be measured, for example, noise from small businesses, is less of a problem than the subjective term “offensive”.⁶⁰ One submission stated that the definition should include the intensity of the noise, the time (or times) it occurred, its frequency and duration and the normal background noise at the time of the alleged offence and noted that it helps if these can be measured.⁶¹

3.34 On the other hand, while favouring clarification of the concepts of “offensive” and “reasonable”, the Community Mediation Division of the Australian Dispute Resolution Association acknowledged that what is reasonable in relation to noise from children, domestic animals and small domestic appliances cannot be defined, it must be negotiated.⁶² The Community Justice Centres Council rejected the proposal on the ground that clarifying the terms focuses on the problem rather than the underlying issues and that a system based on rights rather than needs fosters confrontation.⁶³

3.35 The noise control provisions of the Protection of the Environment Operations Act 1997 (NSW) have addressed these concerns. The definition of “offensive noise” has been redrafted. Noise is offensive if it is harmful to someone or interferes unreasonably with their comfort or repose. The definition also includes the possibility of setting, by regulation, an objective standard for “offensive noise”. It does this by including in the definition, noise:

that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.⁶⁴

Establishing offensive noise

3.37 During consultations, the Commission was informed that individuals or local councils may have trouble establishing in court that noise is “offensive” not because of the subjective nature of the definition but because they lack experience in putting together the necessary evidence. The EPA advised that prosecutions for breaches of noise control notices is easier if, where possible, they specify the level of noise that is not to be exceeded. The Commission recommends that the EPA prepare guidelines about the drafting of noise control notices and the kind and amount of evidence needed to establish that noise is “offensive” for the purposes of the noise provisions of the Protection of the Environment Operations Act 1997 (NSW). The EPA should publish the guidelines and give information about them to police and local authorities and include it in brochures about noise they prepare for community information purposes.

Recommendation 8

That the EPA prepare guidelines about the drafting of noise control notices and the kind and amount of evidence needed to establish that noise is “offensive” for the purposes of the noise provisions of the Protection of the Environment Operations Act 1997 (NSW).

Making offences easier to prosecute

3.38 The Noise Control Act 1975 (NSW) created a number of offences. At least one submission said that they were very difficult to prosecute.⁶⁵ The elements that the prosecution had to prove to establish that a person had breached a noise control notice under s 41 of the Noise Control Act 1975 (NSW) were that:

(i) a noise control notice was served on the occupier of the premises; and

(ii) if the notice does not include a condition, while the notice was in force, the occupier caused, permitted or allowed in or on the premises:

• the step in a trade, industry or process specified in the notice to be carried on; or
• the article specified in the notice to be used or operated; or
• the activity specified in the notice to be carried on; or
• the animal specified in the notice to be kept;⁶⁶ and

(iii) if the notice does include a condition, while the notice was in force, the occupier caused, permitted or allowed in or on the premises, the carrying on of the step in the trade, industry or process, the use or operation of the article, the carrying on of the activity or the keeping of the animal in contravention of the condition;⁶⁷ and

(iv) the alleged offence “resulted in” the emission of noise from the premises;⁶⁸ and

(v) the noise emitted was offensive.⁶⁹

A person who contravenes a noise control notice is guilty of an offence.⁷¹

Better enforcement of existing legislation

3.41 There is general consensus that even if perceived problems with legislation were ironed out, the main problem, namely enforcing it, would not be resolved. Very few submissions addressed the question in DP 22 about the effectiveness or otherwise of the Noise Control Act 1975 (NSW). Submissions stated:

• the value of the Noise Control Act 1975 (NSW) is limited by the very poor acoustical standard and lack of vibration dampening features in most multiple residential dwellings;⁷³
• infringement notices might resolve some problems;⁷⁴ and
• responsibilities of enforcement agencies should be clarified.⁷⁵

Penalty notices

3.42 At the end of 1990, amendments to the Environmental Offences and Penalties Act 1989 (NSW) were enacted. They included a penalty notice system, under which an alleged offender has the option of paying a fine instead of defending the matter in court and taking the risk of a larger fine and liability for court costs, as well as enduring the inconvenience of a court appearance. From the point of view of the council responsible for the prosecution, this is an easier and cheaper way of enforcement. The Commission was advised during consultations that councils make considerable use of penalty notices for pollution offences, but that they are not so often used for noise offences. The EPA finds them a useful tool where there has been a technical breach of the law and has guidelines about when penalty notices are appropriate.

Who should be responsible for enforcement?

3.43 Under the Noise Control Act 1975 (NSW), the body responsible for enforcement varies. Noise abatement directions can be made by:

(i) a person authorised in writing by the EPA;

(ii) a police officer; or

(iii) if related to a sporting activity involving boats, and if authorised by the Waterways Authority, an officer or employee of:

• the Waterways Authority;
• a local council; or
• any other statutory authority.

3.45 On the other hand, some submissions rejected the suggestion that the enforcing authorities should be expanded on the ground that this would exacerbate the confusion that already exists about who is responsible for enforcement.⁷⁸ One submission suggested that, to avoid confusion, only the police and local councils should be able to take enforcement action.⁷⁹ Callers to the Commission’s neighbourhood disputes hotline were frustrated at having had “the run around” from responsible agencies. They said that no one seemed willing or able to help them.

3.46 The Protection of the Environment Operations Act 1997 (NSW) has clarified the responsibilities of the various agencies for the enforcement of the noise provisions. Under the new Act, the Waterways Authority is responsible for regulating noise occurring on water ways. Councils are responsible for issuing noise control notices in relation to all noise occurring in a local area except for noise caused by a public authority or its activities, or caused in circumstances listed in the Act or regulations. The EPA has responsibility for issuing noise control notices in relation to noise caused by public authorities or their activities (for example, council garbage trucks, road building) and activities listed in the Act or regulations (for example, rock concerts, the Sydney Cricket Ground, helicopters, cars and trucks). Councils and police have responsibility for giving noise abatement directions with the same exceptions that apply for noise control notices. Police, councils and the EPA can prosecute offences under the noise control provisions.

3.47 The Commission endorses this approach. The division of responsibility between councils, the Waterways Authority and the EPA at least prevents agencies from justifying failure to take action on the basis that some other authority could or should take action. Some confusion may remain in the community about who should be approached about noise issues. The Commission recommends that the bodies that have a responsibility to enforce the legislation should ensure that local communities are informed of the body’s role and, if relevant, the name (or job description) and telephone number of the appropriate person to contact in the organisation.

Concern that agencies are unwilling to act

3.48 In DP 22, the Commission asked if the remedies provided by the Noise Control Act 1975 (NSW) were adequate. Of the submissions that responded to the question, one gave a qualified yes, stating the remedies for noise from industrial premises are effective.⁸⁰ Most, however, stated that the remedies were not adequate because, among other reasons, the police and councils are reluctant to act. Examples in the submissions include:

• letters sent to the council and the mayor elicited a polite response and a visit from a council officer that had no effect;⁸¹
• a council was not prepared to take action unless three other neighbours also complained;⁸²
• although five people had complained about a noisy pool pump and council negotiated with the owners of the pool resulting in the installation of a cover on the pipe, the noise continued;⁸³
• the police told a caller that it was no use ringing them as the police have higher priorities and the noise may have ceased by the time they arrive;⁸⁴ and
• the police told a caller that all they could do about music at a party was to ask the revellers to turn it down.⁸⁵

3.50 Submissions show that a factor in the failure of police to act was the ineffectiveness of the remedies under the Noise Control Act 1975 (NSW). Changes made in the Protection of the Environment Operations Act 1997 (NSW) address some of these problems. Under the Noise Control Act 1975 (NSW), police could only issue a noise abatement direction if it appeared to them that offensive noise was emitted or had been emitted within the preceding 30 minutes.⁸⁸ This meant that unless the police arrived very promptly on being called they would be unable to act. The new provisions extend the period within which the noise must have occurred to seven days.⁸⁹ This gives police much more flexibility and a much better chance to fit a response to a complaint about noise into a busy schedule. In addition, the new provisions extend police powers beyond asking the person to turn the music down. If a person disobeys a noise abatement direction and the appropriate warnings have been given, the police can seize the offending equipment for a maximum of 28 days.⁹⁰

3.51 The new provisions provide an immediate and effective way of stopping noise. The Commission endorses this approach. It addresses a number of the concerns raised in submissions and provides a framework which enables police and local councils to enforce the law. There is a huge potential for unresolved or unaddressed disputes between neighbours to escalate and consume community resources. For this reason the Commission considers it desirable that police and councils give greater priority to enforcing the law when they receive legitimate complaints about noise. However, it does not make a recommendation about the priority these agencies should give to enforcement. The Commission recognises that police and local councils have a wide range of responsibilities and will inevitably set their own priorities depending on the resources available and the pressing needs of the time.

Community awareness programs

3.52 In DP 22, the Commission drew attention to the Environmental Noise Control Manual⁹¹ which points out a number of matters that should be considered to reduce disputes about noise, including carefully choosing the location of noisy equipment, thinking about the time for engaging in noisy activities and taking account of the noise levels of equipment in the purchase decision. It asked if community awareness programs would be a useful mechanism in reducing the problem of neighbourhood noise. Not many written submissions addressed this issue but callers to the Commission’s neighbourhood disputes hotline supported community awareness programs. Of the written submissions, one conceded that community education programs might be useful if penalties were increased but expressed the view that they would not change the behaviour of regular offenders.⁹² On the other hand, the Community Mediation Division of the Australian Dispute Resolution Association stated that community education is vital and should be carefully coordinated, involving all agencies likely to be approached about noise, for example, local councils, police, community health centres, neighbourhood centres, neighbourhood watch groups, the EPA and community mediation agencies. It identified two goals:

• to encourage people to create a quieter environment; and
• to tell people where they can get help to resolve noise problems.⁹³

1. The new Act and regulations are proposed to become operational by December 1998.

2. The new Act and regulations are proposed to become operational by December 1998.

3. Noise Control (Miscellaneous Articles) Regulation 1995 cl 19.

4. Noise Control (Miscellaneous Articles) Regulation 1995 cl 19.

5. Noise Control (Miscellaneous Articles) Regulation 1995 cl 20.

6. Noise Control (Miscellaneous Articles) Regulation 1995 cl 20.

7. Noise Control (Miscellaneous Articles) Regulation 1995 cl 21.

8. Protection of the Environment Operations Act 1997 (NSW) s 136(1).

9. Protection of the Environment Operations Act 1997 (NSW) s 136(2).

10. Protection of the Environment Operations Act 1997 (NSW) s 141.

11. Noise Control (Miscellaneous Articles) Regulation 1995 cl 6-12.

12. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 4-10.

13. Noise Control (Miscellaneous Articles) Regulation 1995 cl 13-17.

14. Noise Control (Miscellaneous Articles) Regulation 1995 cl 22.

15. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 12.

16. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 15.

17. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 13.

18. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 14.

19. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 21.

20. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 22.

21. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 23.

22. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 26.

23. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 27.

24. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 28.

25. Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995 cl 29.

26. Protection of the Environment Operations Act 1997 (NSW) Dictionary.

27. Protection of the Environment Operations Act 1997 (NSW) Dictionary.

28. Protection of the Environment Operations Act 1997 (NSW) s 276.

29. Protection of the Environment Operations Act 1997 (NSW) s 277.

30. Protection of the Environment Operations Act 1997 (NSW) s 280.

31. Protection of the Environment Operations Act 1997 (NSW) s 282.

32. Protection of the Environment Operations Act 1997 (NSW) s 264.

33. Protection of the Environment Operations Act 1997 (NSW) s 265(2).

34. Protection of the Environment Operations Act 1997 (NSW) s 268(1).

35. Protection of the Environment Operations Act 1997 (NSW) s 268(2).

36. Protection of the Environment Operations Act 1997 (NSW) s 268(3).

37. Protection of the Environment Operations Act 1997 (NSW) s 269.

38. Protection of the Environment Operations Act 1997 (NSW) s 269.

39. Protection of the Environment Operations Act 1997 (NSW) s 272.

40. Protection of the Environment Operations Act 1997 (NSW) s 270(1) and 278(1).

41. Protection of the Environment Operations Act 1997 (NSW) s 270(2) and 278(2).

42. P Robinson, Submission (21 October 1991).

43. L N Newhouse, Submission (6 May 1992).

44. J F Cox, Submission (21 October 1991).

45. D J Fraser, Submission (16 October 1991).

46. F Cox, Submission (21 October 1991).

47. P Robinson, Submission (21 October 1991).

48. Home Unit Owners Association of New South Wales, Submission (30 August 1991).

49. M Drake, Submission (22 October 1991).

50. S Bacsi, Submission (27 September 1991).

51. J and F Sara, Submission (24 October 1991).

52. D Bremner, Submission (28 October 1991).

53. Anonymous, West Pennant Hills, Submission (22 October 1991).

54. Pacific Research Pty Ltd, Submission (2 October 1991).

55. L F Keatinge, Submission (23 September 1991); see also Pacific Research Pty Ltd, Submission (2 October 1991).

56. Community Justice Centres, Submission (11 July 1991).

57. The definition is outlined in para 3.17.

58. Council of the City of Sydney, Submission (5 September 1991).

59. Home Unit Owners Association of New South Wales, Submission (30 August 1991).

60. Community Mediation Division, Australian Dispute Resolution Association, Submission (28 November 1991).

61. D J Fraser, Submission (16 October 1991).

62. Community Mediation Division, Australian Dispute Resolution Association, Submission (28 November 1991).

63. Community Justice Centres, Submission (11 July 1991).

64. Protection of the Environment Operations Act 1997 (NSW) Dictionary para (b).

65. Council of the City of Sydney, Submission (5 September 1991).

66. Noise Control Act 1975 (NSW) s 41(1)(a).

67. Noise Control Act 1975 (NSW) s 41(1)(b).

68. Noise Control Act 1975 (NSW) s 41(2).

69. Noise Control Act 1975 (NSW) s 41(2).

70. See para 3.20.

71. Protection of the Environment Operations Act 1997 (NSW) s 265.

72. Protection of the Environment Operations Act 1997 (NSW) s 265(2).

73. Home Unit Owners Association of New South Wales, Submission (30 August 1991).

74. Local Government and Shires Association of NSW, Submission (22 August 1991).

75. Community Mediation Division, Australian Dispute Resolution Association, Submission (28 November 1991).

76. J and F Sara, Submission (24 October 1991).

77. D J Fraser, Submission (16 October 1991).

78. Community Justice Centres, Submission (11 July 1991).

79. Community Mediation Division, Australian Dispute Resolution Association, Submission (28 November 1991).

80. Community Mediation Division, Australian Dispute Resolution Association, Submission (28 November 1991).

81. J F Cox, Submission (21 October 1991).

82. L N Newhouse, Submission (6 May 1992).

83. S Bacsi, Submission (27 September 1991).

84. Anonymous, West Pennant Hills, Submission (22 October 1991).

85. M Drake, Submission (22 October 1991).

86. Community Mediation Division, Australian Dispute Resolution Association, Submission (28 November 1991).

87. Council of the City of Sydney, Submission (5 September 1991).

88. Noise Control Act 1975 (NSW) s 58.

89. See para 3.18. Protection of the Environment Operations Act 1997 (NSW) s 276.

90. See para 3.19. Protection of the Environment Operations Act 1997 (NSW) s 282.

91. New South Wales, State Pollution Control Commission, Environmental Noise Control Manual (1985).

92. Home Unit Owners Association of New South Wales, Submission (30 August 1991).

93. Community Mediation Division, Australian Dispute Resolution Association, Submission (28 November 1991).