› Forums › Neighbour noise › Quiet Enjoyment – outweighs any right to make noise › Current Page
I live in a large land strata development where some people do not like the sound of lawn mowers, brush cutters, chainsaws etc etc. This leads to people throwing rocks all over other peoples lots, throwing empty bottles on lawns, ring up the neighbor and screaming abuse at their wife and kids.
Sure we have the usual, standard, compulsory if you like, by-law about noise but i recently invited the Secretary to include with the EC minutes an extract from Protection of the Environment Operations (Noise Control) Regulation 2008.
The Secretary wished to contend that our noise by-law was relevant (i.e. the State Regulation took as back seat to it) yet in over 20 years the EC has never once sent a person a notice to comply for too much noise for using any of the devices covered under the Regulation.
The EC declined to include the extract or even even mention the hours of use and specific equipment under the regulation so as to preserve the pretence that the by-law is the be all and end all of noise control in the SP – which it is not.
We have had similar issues with the use of power generators until the late hours of the night. The by-law again takes a back seat to higher laws.
If my neighbor wants to mow his lawn or chainsaw some fire wood at 7:30 pm on a weekday then that is the way it goes as long as he stops before 8pm. I know this is not exactly what this topic is about but it shows that you can make noise in some SPs.
