Can I?

Noise complaints can fall into three areas – strata by-law breaches, local government and State government. The latter two can often involve police who can issue an on-the-spot Noise Abatement Order.

Have a look that this Legal Aid website, and this one from South Perth (even if you don’t live there, your local council may have similar regulations).  

And here is advice offered to party animals in WA on THIS WEBSITE: 

• In Western Australia, it is an offence to create ‘unreasonable noise’, but its definition is left to the police. Factors such as time, location and volume will be critical. If your party is judged to be creating ‘unreasonable noise’, then the police can order a noise abatement direction to stop the noise and heavy fines may be applicable.

  In Western Australia, there are restrictions for the use of musical instruments and sound systems – common devices at parties. The restricted times are:

• Monday to Saturday: 7pm to 7am
• Sunday or Public Holiday: 7pm to 9am
   This does not limit when you can use such devices, but during these times you must ensure that the volume is low enough not to be heard in a habitable room of your neighbours.

Talk to your local police community liaison officer about what you can do … then do it.  Fines of $1000 and confiscation of equipment – both of which can happen when the police tell them to turn the music down and the party people turn it back up – will get their attention.

That is backed up by this factsheet from Environmental Defender’s Office of Western Australia which says:

Where an authorised person or police officer believes that an unreasonable noise is being emitted from any premises he or she can issue a noise abatement direction to the occupier of the premises (and anybody making or contributing to the noise) to stop the noisy activity.

Failure to comply with a noise abatement direction is an offence. Failure to comply with a direction also entitles the authorised person or police officer to seize the equipment that is causing the noise. To assist in the exercise of these powers, authorised persons are entitled to enter any property and demand of any person the name and address of the occupier of the premises.

Another thing worth remebering is the the 7am until 7pm rule doesn’t necessarily allow noise during these periods – residents are still governed by your by-laws on top of state or council rules.

I t sounds like the time for action is long overdue. Pursue the next stage of failure to observe the notice to comply and call the cops.