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The Local Nuisance and Litter Control Act 2016 (the Act) came into effect as of 1 July 2017. The Act formalises the role of Local Government in managing local nuisance issues to provide consistency of services in relation to littering and activities that cause nuisance at a local level, such as noise, smoke, odour and dust.

Noise is generally accepted as being any sound that a person doesn’t want hear, with the result that it becomes a nuisance to an individual. Local noise nuisance can originate from a number of different residential, commercial or industrial sources such as:

  • construction or demolition works.
  • air conditioning compressors.
  • domestic pool pumps and spas.
  • indoor venues / outdoor events.
  • refrigeration equipment.
  • power tools and other machinery (mowers, power tools, leaf blowers, compressors, impacting tools, mulchers).
  • bird scaring devices.
  • rubbish collection, street and vegetation maintenance.
When should noise be reported?

In the first instance, a person should try and discuss concerns with the people (e.g. neighbours) from where the nuisance is coming from, as they may not be aware that they are causing a nuisance. Concerns should be raised and discussed, and suggestions provided to resolve problems - simple solutions can often be found that satisfy everyone.

The City of Holdfast Bay will only become involved if an issue within the community (e.g. between neighbours) cannot be resolved or if the nuisance is a broad-scale issue involving multiple parties.

What does Council consider when investigating a noise nuisance?

An authorised officer, when determining whether noise is a nuisance must, in forming their opinion, take into account the following:

Noise on domestic premises

In the case of fixed machine noise (e.g. air conditioner, pool pump) generated on domestic premises, that the noise has travelled from the domestic premises to a habitable room, or an outdoor courtyard or entertainment area, on neighbouring premises; or

In the case of noise other than fixed machine noise generated on domestic premises, that the noise has travelled from the domestic premises to neighbouring premises between the hours of:

  • 8pm and midnight on any day; or
  • Midnight and 9am on Sunday; or
  • Midnight and 8am on any other day.

Construction noise

In the case of construction noise, that the noise has travelled from the location of the construction activity to neighbouring premises:

  • On any Sunday or public holiday; or
  • After 7pm or before 7am on any other day.

Waste collection noise

In the case of waste collection noise, that the noise has travelled from the place at which it was generated to neighbouring premises:

  • Before 9am or after 7pm on any Sunday or public holiday; or
  • After 7pm or before 7am on any other day.

Street or tree maintenance machine

In the case of noise from a street or tree maintenance machine being used in a public place, that the noise has travelled from the public place to neighbouring premises:

  • Before 9am or after 7pm on any Sunday or public holiday; or
  • After 7pm or before 7am on any other day.

In all cases, it must be taken in to account if the level, nature or extent of the noise (including its volume, pitch, vibrational frequency, prevalence or frequency of occurrence) is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises.

Are there any exemptions to the local nuisance laws?

In Schedule 1 of the Act, there are a number of circumstances declared not to be a nuisance. In the case of noise, this includes (but is not limited to):

Noise from:

  • fireworks displays
  • sporting activities at a sporting facility
  • public infrastructure works
  • barking dogs
  • Vehicles and railways
  • Premises licensed under the Liquor Licensing Act 1997
  • Normal activities undertaken at a school, kindergarten or place of worship

    or noise consisting of music and voices at domestic premises
Who do I contact for help?

Customer Service

Phone: (08) 8229 9999

Email: mail@holdfast.sa.gov.au

Please note:

  • People noise including loud parties, music and voices should be directed to the Police on 131 444.
  • Noise from pubs, nightclubs and other premises licensed under the Liquor Licensing Act 1997 should be directed to Consumer and Business Services.
  • Noise from strata or community-titled units should be directed to your strata or management corporation group.