The Environmental Management and Pollution Control Act (EMPCA), 1994 section 53 specifies inter alia that an environmental nuisance by the emission of noise is an offence if it is taken to unreasonably interfere with a persons enjoyment of the environment, having regard to its volume, intensity or duration, the time, place and other circumstances in which it is emitted; and if the noise is emitted from a residential premises, whether that noise can be heard in a habitable room of any other residential premises.
Penalties up to 300 penalty units exist (where 1 penalty unit = $100).
An “environmental nuisance” is the emission of a pollutant that unreasonably interferes with, or is likely to unreasonably interfere with, a person’s enjoyment of the environment.
To determine “unreasonable”, the Environmental Health Officer (EHO) needs sufficient data to determine if an average person would consider the situation unreasonable from the complainant’s point of view. “Unreasonable” must be an objective assessment, ie the point of view of the average person and not the subjective opinion of the complainant.
A diary kept by the complainant may provide useful data and should detail the following information:
Noise measurements may assist in determining “unreasonableness” and must take into account the difference between the background noise levels and the noise being emitted. If the EHO is satisfied that the average person would ignore the noise emissions and its alleged effects on the complainant then there is no basis for action. A “habitable room” means any room other than a storage area, bathroom, toilet or pantry. A “residential premises” means any building or part of a building lawfully used as, or for the purposes of, a private residence or residential flat. Noise nuisances are taken on a case by case basis and action taken if appropriate. The resolution of any noise nuisance may not be a simple open and shut case and can be a long and time consuming problem.
A Council permit is required for any building work. Noise control may be a condition of the permit to protect the general amenity of the area. However, noise from small power tools is permitted during the times listed at the bottom of this page. Excessive use of power tools will need to be determined using the test of reasonableness.
Noise emitted from stereos, parties and similar after hours events should be directed to the Tasmania Police. The Police are authorised to issue infringement notices. There may also be other nuisance or police offence issues happening at the event. For noise of this type that is emitted during the day, contact the Council’s Environmental Health Officer.
If the noise is from a barking dog, then contact the Council’s Animal Control Officer 6238 2169. Noise from other animals, ie roosters, can be directed to Council’s Environmental Health Officer.
A chainsaw may not be used within 300 metres of domestic premises, unless the operator has the consent of all occupiers of the dwellings within that radius. A chainsaw operator may apply to the Director for a specific purpose.
When chainsaws are permitted to be used they can only be operated within the following times:
| Days | Permissible Hours Of Use |
|---|---|
| Monday To Friday | 7am until 6pm |
| Saturday | 8am until 6pm |
| Sunday, Good Friday and Christmas Day | 10am until 6pm |
Mobile machinery in off-street areas
Tractors, graders, rollers, dump trucks, front-end loaders, backhoes, mobile cranes and excavations.
| Days | Permissible Hours Of Use |
|---|---|
| Monday To Friday | 7am until 6pm |
| Saturday | 8am until 6pm |
| Sunday, Good Friday and Christmas Day | 10am until 6pm |
| Days | Permissible Hours Of Use |
|---|---|
| Monday To Friday | 7am until 8pm |
| Saturday | 8am until 8pm |
| Sunday, Good Friday and Christmas Day | 10am until 8pm |
Power tools (excluding percussions tools), mixers and their drives, pumps and their drive, gas or air compressors, generators.
| Days | Permissible Hours Of Use |
|---|---|
| Monday To Friday | 7am until 6pm |
| Saturday | 8am until 6pm |
| Sunday, Good Friday and Christmas Day | 10am until 6pm |
The Regulations do not prohibit the use of any motor vehicle, equipment, apparatus or other thing for carrying out work necessary for the safety of the public, safety or security of plant or equipment, or for the maintenance of essential services.
The PENALTY for breaches of the Regulations can be $5,000 plus a daily penalty of $500 if the offience is continued. Also on-the-spot Environmental Infringement Notices may be served attracting fines of up to $500.
Please contact an Environmental Health Officer on (03) 6238 2715 for further information or if you wish to lodge a complaint.
