Noise Complaint Form

Introduction

This online noise reporting tool will ensure you are connected with the best information about your noise concern, and who may be able to assist you

It is important that answers provided are as accurate as possible to ensure your concern is appropriately responded to. Please note that if you choose to remain anonymous or do not correctly fill in the required fields Council may not be able to act on your request or provide you with updates.

Key details include:

The exact source and address of the noise causing the concern
The dates and times the noise is occurring
Details of any attempts to speak to the party causing the noise

Enter your details

I wish to remain anonymous

First name

Last name

Phone

Address

Suburb

Postcode

Please visit our privacy policy to view information on use and disclosure of personal information.

You have elected to remain anonymous which means we will not be able to provide you with updates and may not be able to action your report.

Council does not have the legislative power to investigate or intervene with unroadworthy, loud or polluting vehicles entering and leaving a premises, or that are travelling on a road.

If you believe that a vehicle is unroadworthy or has been illegally modified you may report the vehicle, along with the registration number to the Department of Transport on 9655 666 who will provide appropriate advice.

Excessive noise defect notices
Vehicles causing excessive noise may be issued with a defect notice (or excessive noise notice) by the EPA (1300 372 842) or Victoria Police (non urgent 131 444 or in an emergency 000).

Emission defect notices
In certain cases the EPA may issue an emission defect notice for vehicles causing excessive smoke or pollution. For further information contact the EPA Motor Vehicle Emission Unit on (03) 9695 2700.

Reporting high-risk or anti social behaviour
High risk driver behaviour or antisocial behaviour involving a motor vehicle may be reported to the Hoon Hotline on 1800 333 000 or reported online at the Crime Stoppers website by visiting www.crimestoppersvic.com.au

Responding to parties, yelling and antisocial behaviour can be a high risk situation, especially where the consumption of alcohol is involved.

Any disturbances, aggressive or antisocial behaviour may be reported to Victoria Police on 000 or in cases that are not an emergency, to the Police Assistance Line on 131 444.

Reports can also be made online at www.police.vic.gov.au/palolr.

Council does not have the legislative power to investigate or intervene in matters such as loud talking, noise from backyard balls and kids playing.

We therefore encourage you to where appropriate speak to your neighbours about the issue, how it affects you and the outcome you are seeking.

These types of issues can also relate to ongoing disputes between neighbours. In these cases you may seek the assistance of the Dispute Settlement Centre of Victoria who may be contacted on 1300 372 888 or online at www.disputes.vic.gov.au/about-us/contact-us.

EPA

The relevant law:

Aircraft noise is regulated at the Federal level, specifically, by Airservices Australia.

To report aircraft noise you may contact the Airservices Australia report line by calling 1800 802 584.

•S166 (Unreasonable noise) of the Act provides a person must not, from a place or premises that are not residential premises emit an unreasonable noise

•s25 (General Environmental Duty) of the Act provides a person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste must minimise those risks, so far as reasonably practicable. **Note the Act defines pollution to include noise.

•Regulation 116 of the Environment Protection Regulations provide for specific times and days in relation to noise from industrial, commercial or trade noise.

•Regulation 118 of the new Regulations specifically provide for and set decibel noise limits for daytime, evening and nightime periods from commercial, industrial and trade premises. If these limits are found by the EPA to have been breached the noise is deemed unreasonable under the Act and the EPA may commence enforcement action.

How to make a report to the EPA:

1.Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.

2.Follow the prompts to “report pollution”

3.When given the option, request to speak to an operator (not the automated machine)

4.Request a reference number from the operator

5.Then proceed to lodge your complaint

6.To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided

The relevant law:
Under the 2017 Environment Protection Act (the Act), the Environment Protection Authority is responsible for investigating reports of unreasonable industry, commerce or trade noise. This includes noise associated with warehousing and distribution premises.

•S166 (Unreasonable noise) of the Act provides a person must not, from a place or premises that are not residential premises emit an unreasonable noise.

•s25 (General Environmental Duty) of the Act provides a person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste must minimise those risks, so far as reasonably practicable. **Note the Act defines pollution to include noise.

•Regulation 116 of the Environment Protection Regulations provide for specific times and days in relation to noise from industrial, commercial or trade noise.

•Regulation 118 of the new Regulations specifically provide for and set decibel noise limits for daytime, evening and nightime periods from commercial, industrial and trade premises. If these limits are found by the EPA to have been breached the noise is deemed unreasonable under the Act and the EPA may commence enforcement action.

How to make a report to the EPA:
1.Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.
2.Follow the prompts to “report pollution”
3.When given the option, request to speak to an operator (not the automated machine)
4.Request a reference number from the operator
5.Then proceed to lodge your complaint
6.To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided

EPA

•S166 (Unreasonable noise) of the Act provides a person must not, from a place or premises that are not residential premises emit an unreasonable noise

•S169 (Unreasonable noise from entertainment venues) of the Act provides a Police Officer may on receiving a complaint from a person who lives near the venue, enter the venue and direct any person apparently in charge to take any action reasonably necessary to abate the unreasonable noise.

•Division 4 (Unreasonable and Aggravated Noise from Entertainment Venues and Outdoor Entertainment Events) of the Environment Protection Regulations provide specific requirements for noise from indoor venues, live entertainment, outdoor entertainment and when permits are required from the EPA. If these requirements are found by the EPA to have been breached the EPA may commence enforcement action.

How to make a report to the EPA:

1.Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.

2.Follow the prompts to “report pollution”

3.When given the option, request to speak to an operator (not the automated machine)

4.Request a reference number from the operator

5.Then proceed to lodge your complaint

6.To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided

Liquor Control Victoria (LCV):
Section 94 of the Liquor Control Reform Act allows Liquor Control Victoria (or LCV) under certain circumstances to commence an inquiry into the impact on amenity from a liquor license.
Residents who feel their amenity is being unreasonably impacted by the operation of licensed venue (i.e noise, lack of crowd control or antisocial behaviour) may contact the LCV on 1300 182 457 to lodge a complaint or alternatively, lodge a complaint online at
https://www.vgccc.vic.gov.au/community-services/make-complaint/make-complaint

The relevant law:

Heavy vehicle noise associated with the on-site operations of an industrial, trade or commercial premises are covered under the 2017 Environment Protection Act.

For unreasonable noise or this nature, the Environment Protection Authority has powers to investigate the level of noise against Regulation 118 of the Environment Protection Regulations which specifically provide for and set decibel noise limits for daytime, evening and nightime periods from commercial, industrial and trade premises. If these limits are found by the EPA to have been breached the noise is deemed unreasonable under the Act and the EPA may commence enforcement action.

How to make a report to the EPA:

Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.
Follow the prompts to “report pollution”
When given the option, request to speak to an operator (not the automated machine)
Request a reference number from the operator
Then proceed to lodge your complaint
To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided.

Unroadworthy or illegally modified vehicles:
Victoria Police

• Report your concern to the Police Assistance Line on 131 444.
• *Note for illegally modified, smoky or unroadworthy vehicles over 4.5 tonnes please contact the National Heavy Vehicle Regulator confidential reporting line on 1800 931 785

The relevant law:
Under the 2017 Environment Protection Act (the Act), the Environment Protection Authority is responsible for investigating reports of unreasonable industry, commerce or trade noise. This includes noise associated with reversing beepers on vehicles operating on these types of premises.

•S166 (Unreasonable noise) of the Act provides a person must not, from a place or premises that are not residential premises emit an unreasonable noise.

•s25 (General Environmental Duty) of the Act provides a person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste must minimise those risks, so far as reasonably practicable. **Note the Act defines pollution to include noise.

•Regulation 116 of the Environment Protection Regulations provide for specific times and days in relation to noise from industrial, commercial or trade noise.

•Regulation 118 of the new Regulations specifically provide for and set decibel noise limits for daytime, evening and nightime periods from commercial, industrial and trade premises. If these limits are found by the EPA to have been breached the noise is deemed unreasonable under the Act and the EPA may commence enforcement action.

How to make a report to the EPA:
1.Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.
2.Follow the prompts to “report pollution”
3.When given the option, request to speak to an operator (not the automated machine)
4.Request a reference number from the operator
5.Then proceed to lodge your complaint
6.To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided

The relevant law:
Under the 2017 Environment Protection Act (the Act), the Environment Protection Authority is responsible for investigating reports of unreasonable industry, commerce or trade noise. This includes noise associated with quarry and cement industry operations.

•S166 (Unreasonable noise) of the Act provides a person must not, from a place or premises that are not residential premises emit an unreasonable noise.

•s25 (General Environmental Duty) of the Act provides a person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste must minimise those risks, so far as reasonably practicable. **Note the Act defines pollution to include noise.

•Regulation 116 of the Environment Protection Regulations provide for specific times and days in relation to noise from industrial, commercial or trade noise.

•Regulation 118 of the new Regulations specifically provide for and set decibel noise limits for daytime, evening and nightime periods from commercial, industrial and trade premises. If these limits are found by the EPA to have been breached the noise is deemed unreasonable under the Act and the EPA may commence enforcement action.

•There are also EPA guidelines that relate to these activities that must be followed, such as publication 1821.1 Guidelines for Quarrying and Mining – preventing harm to people and the environment

How to make a report to the EPA:
1.Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.
2.Follow the prompts to “report pollution”
3.When given the option, request to speak to an operator (not the automated machine)
4.Request a reference number from the operator
5.Then proceed to lodge your complaint
6.To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided

Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.
Follow the prompts to “report pollution”
When given the option, request to speak to an operator (not the automated machine)
Request a reference number from the operator
Then proceed to lodge your complaint

To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided

The relevant law:
Under the 2017 Environment Protection Act (the Act), the Environment Protection Authority, along with Victoria Police, are responsible for responding to reports of unreasonable noise from entertainment venues. This includes noise associated with pubs, clubs and hotels which are in many cases also licensed venues with the Victorian Commission for Gambling and Liquor Regulation (VCGLR).

•S166 (Unreasonable noise) of the Act provides a person must not, from a place or premises that are not residential premises emit an unreasonable noise.

•S169 (Unreasonable noise from entertainment venues) of the Act provides a Police Officer may on receiving a complaint from a person who lives near the venue, enter the venue and direct any person apparently in charge to take any action reasonably necessary to abate the unreasonable noise.

•Division 4 (Unreasonable and Aggravated Noise from Entertainment Venues and Outdoor Entertainment Events) of the Environment Protection Regulations provide specific requirements for noise from indoor venues, live entertainment, outdoor entertainment and when permits are required from the EPA. If these requirements are found by the EPA to have been breached the EPA may commence enforcement action.

How to make a report to the EPA:
1.Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.
2.Follow the prompts to “report pollution”
3.When given the option, request to speak to an operator (not the automated machine)
4.Request a reference number from the operator
5.Then proceed to lodge your complaint
6.To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided

Liquor Control Victoria (LCV):
Section 94 of the Liquor Control Reform Act allows Liquor Control Victoria (or LCV) under certain circumstances to commence an inquiry into the impact on amenity from a liquor license.
Residents who feel their amenity is being unreasonably impacted by the operation of licensed venue (i.e noise, lack of crowd control or antisocial behaviour) may contact the LCV on 1300 182 457 to lodge a complaint or alternatively, lodge a complaint online at
https://www.vgccc.vic.gov.au/community-services/make-complaint/make-complaint

The relevant law:
Under the 2017 Environment Protection Act (the Act), the Environment Protection Authority, along with Victoria Police, are responsible for responding to reports of unreasonable noise from entertainment venues. This includes noise associated with indoor concert venues, which are in many cases also licensed venues with the Victorian Commission for Gambling and Liquor Regulation (VCGLR).

•S166 (Unreasonable noise) of the Act provides a person must not, from a place or premises that are not residential premises emit an unreasonable noise

•S169 (Unreasonable noise from entertainment venues) of the Act provides a Police Officer may on receiving a complaint from a person who lives near the venue, enter the venue and direct any person apparently in charge to take any action reasonably necessary to abate the unreasonable noise.

•Division 4 (Unreasonable and Aggravated Noise from Entertainment Venues and Outdoor Entertainment Events) of the Environment Protection Regulations provide specific requirements for noise from indoor venues, live entertainment, outdoor entertainment and when permits are required from the EPA. If these requirements are found by the EPA to have been breached the EPA may commence enforcement action.

How to make a report to the EPA:
1.Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.
2.Follow the prompts to “report pollution”
3.When given the option, request to speak to an operator (not the automated machine)
4.Request a reference number from the operator
5.Then proceed to lodge your complaint
6.To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided.

Liquor Control Victoria (LCV):
Section 94 of the Liquor Control Reform Act allows Liquor Control Victoria (or LCV) under certain circumstances to commence an inquiry into the impact on amenity from a liquor license.
Residents who feel their amenity is being unreasonably impacted by the operation of licensed venue (i.e noise, lack of crowd control or antisocial behaviour) may contact the LCV on 1300 182 457 to lodge a complaint or alternatively, lodge a complaint online at
https://www.vgccc.vic.gov.au/community-services/make-complaint/make-complaint

The relevant law:
Under the 2017 Environment Protection Act (the Act), the Environment Protection Authority is responsible for investigating reports of unreasonable industry, commerce or trade noise. This includes noise associated with commercial and civil construction.

•S166 (Unreasonable noise) of the Act provides a person must not, from a place or premises that are not residential premises emit an unreasonable noise

•s25 (General Environmental Duty) of the Act provides a person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste must minimise those risks, so far as reasonably practicable. **Note the Act defines pollution to include noise.

•Regulation 116 of the Environment Protection Regulations provide for specific times and days in relation to noise from industrial, commercial or trade noise.

•Regulation 118 of the new Regulations specifically provide for and set decibel noise limits for daytime, evening and nightime periods from commercial, industrial and trade premises. If these limits are found by the EPA to have been breached the noise is deemed unreasonable under the Act and the EPA may commence enforcement action.

How to make a report to the EPA:
1.Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.
2.Follow the prompts to “report pollution”
3.When given the option, request to speak to an operator (not the automated machine)
4.Request a reference number from the operator
5.Then proceed to lodge your complaint
6.To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided

Unreasonable noise associated with the construction or demolition of a dwelling is governed by s166 of the Environment Protection Act and that the EPA is the regulating body for this requirement. In these cases and under the Act Council enforces noise associated with the ‘maintenance’ or ‘repair’ of an existing residential dwelling, but not the construction or demolition of one.

In these circumstances, as the site is no longer (at this time) a residential dwelling, it is a construction site under the control of a registered builder or contractor. This means that the EPA is the authority with the legal power to enforce unreasonable noise (s166 of the Environment Protection Act in this case) as opposed to, for example, a neighbour using a leaf blower at 6am in the morning which Council would enforce.

This is highlighted in page 10 of EPA publication 1969:

What residential premises doesn’t include
Residential premises doesn’t include land at any time when construction, demolition or removal of residential premises is undertaken. Examples that distinguish between repair and maintenance and construction or demolition are provided in Part B: Noise from construction, demolition and removal of residential premises.
Construction, demolition and removal of residential premises applies to all scales of activities including:

residential subdivision developments
building of new houses and apartments
single house knockdown and rebuild projects.

How to make a report to the EPA:

1.Call the 24 hour EPA pollution hotline on 1300 372 842. *Note the Act defines pollution to include noise.

2.Follow the prompts to “report pollution”

3.When given the option, request to speak to an operator (not the automated machine)

4.Request a reference number from the operator

5.Then proceed to lodge your complaint

6.To seek an update or to lodge further concerns, follow the steps above stating the reference number previously provided

Noise Complaint Form

Introduction

This online noise reporting tool will ensure you are connected with the best information about your noise concern, and who may be able to assist you

Complaint Details

Enter your details

Fill Additional Details

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