Noise

The Environmental Protection (Noise) Regulations 1997 stipulate the allowed decibel levels and what is deemed to be ‘reasonable’ noise. For evening noise, these levels get strict after 7.00 pm and stricter still after 10.00 pm. If you can clearly hear noise from a neighbour after 10.00 pm within your home it is likely to be over the permitted levels. The morning levels are strict until 7.00 am (or 9.00 am on a Sunday) to then allow higher levels during the day.

Factors such as the amount of traffic, commercial/industrial premises and the time of day all impact on acceptable levels of noise. The permitted levels (measured from the premises receiving the noise [not the noise source]) are stated below.

For a residential premises:

*plus, an added dB value to factor in traffic noise and commercial/industrial zones (specific to each location). In a quiet residential area, there may be no added value required, while in a busy city centre the value may be 10dB or more.

**for example, air-conditioner unit, pool pump, continuous music.

What can you do if your neighbour is being noisy?

Approach your neighbours, as they may be unaware of the discomfort they are causing you and may be only too happy to turn it down.

Compromise – negotiate with your neighbour and work together to find a solution.

Noise from air conditioners can disturb neighbours. The noise can disrupt sleep, interfere with normal daily activities and can have significant impacts on people’s health. Installation of an air conditioner that emits unreasonable noise is illegal. Installers can face penalties of up to $5 000 if they do not meet their legal obligations.

Section 80 of the Environmental Protection Act 1997 places the responsibility on installers to ensure that an air conditioner does not emit unreasonable noise.

The Environmental Protection (Noise) Regulations 1997 permits noise associated with construction works on building sites from Monday through to Saturday between the hours of 7.00 am and 7.00 pm. Noise from construction sites must comply with the assigned levels in the Regulations outside of these hours, as well as on Sundays and public holidays.

In certain situations where construction work must be done outside these hours, an application can be made to the City of Fremantle. Please note that the City does not generally support these applications unless the works are suitably justified ie safety or obstruction. A Noise management plans must include:

• A completed application form (attached below)
• Details and reasons for construction work likely to be carried out outside the hours of 7am–7pm
• Details of activities on the constructions site likely to result in noise emissions that will not comply with the assigned levels under Regulations 7
• Duration of work
• Predictions of potential noise emissions from the construction site
• Measures to be implemented on site to control/minimise noise emissions (including vibration)
• Procedures for monitoring noise emissions onsite (including vibration)
• Details of resident notification and complaint response procedures (including contact details to site managers/supervisors etc).

Completed noise management plans must be lodged with the City of Fremantle’s Environmental Health Services a minimum of 14 days prior to construction commencing.

Noise Management Plan Application

Note: radios and stereo systems on a construction site are not exempt and must always comply with the assigned noise levels.

For further information please contact the City’s Environmental Health Service on 9432 9811.

Noise from parties can be disturbing, particularly if it is excessively loud or they happen regularly. Generally one-off parties are accepted as normal activity by neighbours, but more frequent gatherings can be upsetting.

What should you do if you intend to hold a one-off party at your house?

• Inform your neighbours of the event including date, time of finish and a contact phone number. Generally, people will not mind noise from a celebration as long as it is a one-off event on a Friday or Saturday night, and it does not finish late.
• A party on weeknights and Sunday nights are generally not acceptable, but if there is no other time, then a 10.00 pm finish is suggested. On Friday and Saturday nights the finish time should be no later than midnight.
• Start your party earlier so that it can finish earlier.
• Hold the party inside if possible and close all doors and windows.
• Do not use speakers outside the house.
• Ensure that party goers do not cause a nuisance with offensive language or behaviour while at the party or when leaving.

Anti-social behaviour and noisy parties

• For anti-social behaviour and noisy parties after hours, please contact the police on 131 444 and request immediate attendance.
• Police officers have the lawful authority to resolve anti-social behaviour.
• Police officers are authorised noise officers, they have the power to seize equipment and are trained and equipped to deal with persons that may be under the influence of alcohol and other substances.
• If the party noise is a regular and ongoing nuisance, please advise the City’s compliance services team of your complaint and the matter will be investigated during business hours.

What happens after you have made a noise complaint?

• The City’s officers will contact the noise producer as soon as possible.
• If the issue is not resolved after this then the City may take noise measurements in your home using the ‘yellow brick’ sound level meter. Residents will need to record the noise and associated information as per the instructions.
• Should the results determine that noise levels were excessive the City will inform the noise producer of the results and the penalties that apply.
• If the issue continues, the City has a number of options it can take including infringements, noise abatement directions, environmental protection notices or prosecution.

Noise from premises that are licensed or registered by Department of Environment Regulation under the Environmental Protection Act 1986. Click here if a premises is licensed.

For more information contact Department of Environment Regulation’s 24-hour Pollution Watch hotline – 1300 784 782.

The City currently approves events at venues on a case-by-case basis, upon the submission of an individual licence application. Regulation 19B of the Environmental Protection (Noise) Regulations 1997 allows the City to approve a capped number of events that the applicant may host in any year and impose conditions to limit the impact that these events may have on the wider community.

This approval also provides some certainty to venues when they are planning for future events. Approved applicants are still required to notify the City of all upcoming events and comply with any ancillary conditions the City may see fit to impose. The approved applicant is also required to notify residents close to the venue of all events that are approved. City Environmental Health Officers also regularly attend events to ensure that conditions are complied with.

Fremantle Prison is approved under Regulation 19B. See related documents below in the related documents section.

The Environmental Protection (Noise) Regulations 1997 do not regulate any noise emitted from aircraft, rail, or vehicles on public roads. This includes the City’s rubbish trucks. Rubbish or delivery trucks on private property are not exempted from the regulations but it is generally acceptable if they operate after 7.00 am.

For more information contact Main Roads on 13 81 38 for traffic noise along major roads, Public Transport Authority (Rail) on 08 9326 2000 for noise nuisance relating to passenger trains or Airservices Australia noise complaint and information services hotline on 1800 802 584 for aircraft noise.

Spa and pool pumps can be considerably annoying especially at night. Ensure your spa or pool pump is only used during the day.

‘Specified equipment’ (equipment that requires the constant presence of an operator for normal use for example, power tools, lawn mower, basketball) are only allowed to be used from Monday to Saturday 7.00 am–7.00 pm and Sundays and Public Holidays 9.00 am–7.00 pm. The maximum time is 2 hours and it must also not unreasonably interfere with the health, comfort or convenience, of an occupier of a premise receiving the noise.

Musical instruments can only be played for a maximum of 1 hour per day between 7.00 am–7.00 pm Monday to Saturday and 9.00 am–7.00 pm Sundays and public holidays. It must also not unreasonably interfere with the health, comfort or convenience, of an occupier of a premise receiving the noise.

Audible alarms can be annoying if they sound intermittently. The police can gain entry to premises to switch off the alarm if it has been sounding for more than 30 minutes. The City’s officers do not have right of entry and can only assist.

Vehicle reversing beepers are exempt from the Environmental Protection (Noise) Regulations 1997 as these are safety devices required to alert persons of a moving vehicle that the driver may not be able to see behind them.

For further information please contact the City’s Environmental Health Service on (08) 9432 9811.