#21755
Jimmy-T
Keymaster

    @Austman said:

    I thought about a Noise Abatement Order but couldn’t find too much information about it that related to Victoria.  Is it just for NSW?

    Have a look here  and HERE.  The latter, a factsheet about noise in Victoria from the Law Handbook says this:

    If a noise problem amounts to a nuisance within the terms of this Act, residents should lodge a complaint with the council. A council must investigate the complaint and either take action itself or, if it believes that the matter is best settled privately, inform the resident of any methods of settling the matter privately.

    If the council is satisfied that a nuisance exists, section 197 of the PHWA (Public Health Welfare Act) requires it to serve an abatement notice on the person causing the nuisance. This notice identifies the nuisance and requires that steps be taken by the person causing the notice to stop the nuisance from occurring. If the notice is not complied with, the council may seek court orders to direct the responsible person to comply with the notice or otherwise take such measures as specified in the order. The court may also order the person causing the nuisance to pay costs of the council in taking court action, and impose a penalty for non-compliance with the notice. Non-compliance with the court order will attract a further penalty.

    complainant (person making a complaint about the noise) who believes that the council has failed to investigate the nuisance within “a reasonable time” may use section 63 and approach the Magistrates’ Court directly. If the court is satisfied that the complaint is reasonable it can order the council to pay any costs or expenses incurred by the complainant. 

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