Environment Protection Act 1970 & Environment Protection (Residential Noise) Regulations 2008
Noise related to building activity
For information on control of noise adjacent to and on building sites refer to Residential Hours of Operation. It should be appreciated that building operations, by their nature, generate noise and it is hoped that common sense and good-will is applied by both builders and residents.
The Residential Hours of Operation page also specifies items of equipment and the prohibited hours of use under the Environment Protection (Residential Noise) Regulations 2008. The times depend on the type of equipment being used and the day of the week, however some equipment use within permitted hours may be still be unreasonable, depending on the circumstances of use.
Noise from residential premises
Noise from residential premises can be effectively dealt with under the Environment Protection Act 1970.
If a conflict arises between neighbours, the first step should be to have a rational and calm conversation with your neighbour before contacting Council.
On many occasions, talking to the person can lead to changes that will be beneficial for both parties and often people are not even aware that they are creating a problem or a disturbance .
If talking to the other party does not resolve the problem, there are alternative courses of action available. Action can be taken through the police, or Council. Council's Environmental Health Unit has Environmental Health Officer's who will investigate the complaint if it is believed to be reasonable.
The Dispute Settlement Centre of Victoria website can provide useful information to assist in resolving noise problems. The Centre acts as a third party through mediation and helps people settle their disputes in a cooperative and lasting way. Mediation relies on both parties being willing to discuss the problem in the presence of a mediator. Services are free and confidential.
Noise from commercial premises
For non-residential premises Council can use the unreasonable noise provisions of the the City of Stonnington General Local Law 2018 (No.1), administered by Amenity and Compliance Unit.
Police and Council officers can warn offenders to stop noise such as noisy parties or annoying air conditioners during the Prohibited Hours of Residential Noise.
Should you wish to register a complaint about excessive noise, or advise of any breaches of noise controls, this can be done in writing, via email or by telephoning Council's Service Centre. Complaints should include the date, the type of disturbance and the address where it occurring.
They may also ask you to keep a diary of when the noise occurs or they may take measurements of the noise levels to present to a Magistrate if the problem is dealt with in court.