Contributed by Environmental Defenders Office and current to June 2021.

Noise Pollution in the ACT

Noise pollution in the ACT is regulated by the Environment Protection Act 1997 and the Environment Protection Regulation 2005. These are enforced by the Environment Protection Authority (‘EPA’).

The Act and regulations are supplemented by the Environment Protection Policies ('EPPs') which provide guidance to the EPA in making decisions (section 61(c) of the Environment Protection Act 1997). There are three EPPs that deal with noise:

• General noise;
• Motor and sport noise; and
• Outdoor concert noise.

When is noise environmental harm?

Noise is considered to cause 'environmental harm' if it exceeds certain limits set out in the regulations (section 5(a) of the Environment Protection Act 1997 and also section 25(1) of the Environment Protection Regulation 2005). The limit depends on what time the noise is being made and where it is. Certain specified activities ('Class A' activities) require environmental authorisation (section 42 of the Environment Protection Act 1997, Schedule 1) which allows noise within the terms of the authorisation (section 28 of the Environment Protection Regulation 2005). For example, outdoor concerts and motor racing events are Class A activities (Schedule 1 , Part 1.2, items 23, 24, 26 and 27). (For specific information about Summernats, please refer to this fact sheet.) It is also an offence to cause noise disturbances that cause an unreasonable interference with someone's enjoyment of a place or area (section 141 of the Environment Protection Act 1997).

• Cars on the road: Complaints about noisy motor vehicles should be made to Access Canberra.
• Animals: Noise disturbances from dogs, such as excessive barking, are regulated under the Domestic Animals Act 2000. Complaints about noise from dogs are lodged with Domestic Animal Services.
• Aeroplanes: Aircraft noise must meet the noise standards specified in the Air Navigation (Aircraft Noise) Regulations 2018 (Cth). Concerns about aircraft noise are lodged with Air Services Australia.
• Noise from people when the noise is only coming from the person’s body. For example, shouting or singing. Access Canberra’s website includes a number of tips for managing noise in residential areas, which recommends first attempting a face-to-face conversation. Complaints about noise made by people can be made to the police.

What are the restrictions on noise?

The ACT is divided into seven zones for the purposes of noise regulation (Schedule 2 of the Environment Protection Regulation 2005, Table 2.1, Item 3). The precise areas are the zones set out in the Territory Plan. The acceptable noise levels for each zone are set out in Part 2.2 of Schedule 2 of the Environment Protection Regulation 2005. These noise levels are summarised in the table below:

Zones	Daytime (7am-10pm Mondays to Saturdays or 8am-10pm on Sundays and public holidays)	Night-time (10pm-7am Mondays to Saturdays or 10pm-8am Sundays and public holidays)
Industrial areas (Zone A)	65dB(A)	55dB(A)
City and town centres (Zone B)	60dB(A)	50dB(A)
Group centres, office areas and the Parliamentary triangle (Zone C)	55dB(A)	45dB(A)
Commercial areas (Zone D)	50dB(A)	35dB(A)
Broadacre and recreation areas (Zone E)	50dB(A)	40dB(A)
Commercial zone, transport services zone, community facility zone, leisure and accommodation zone (Zone F)	Highest noise level of adjacent zones	Highest noise level of adjacent zones
Residential and all other areas (Zone G)	45dB(A)	35dB(A)

If the noise is being emitted from a unit (such as a flat or a townhouse) located in a multi-unit complex, the noise standard is 5dB(A) lower (section 24(2)(a) of the Environment Protection Regulation 2005). Noise is generally measured from the boundary of the land from where the noise is coming from (section 32 of the Environment Protection Regulation 2005). The Environment Protection (Noise Measurement Manual) 2009, sets out procedures and instruments for measuring noise (section 29A of the Environment Protection Regulation 2005).

Can these noise levels be exceeded?

There are a number of activities which are allowed to exceed these noise levels, if the given requirements are met (section 29 and Schedule 2, Table 2.3 of the Environment Protection Regulation 2005). These include activities such as garden maintenance, repair work, New Year's Eve Parties, warming up motor vehicle engines, and building work in residential, industrial, city and town areas. Where noise complies with the conditions set out for the particular activity there is no limit to the noise level (section 29 of the Environment Protection Regulation 2005).

You can try to resolve the problem by talking with the person making the noise or through mediation via the Conflict Resolution Service (6189 0590, mediation@crs.org.au). Otherwise, you can lodge a complaint with the EPA (13 22 81, or via the Access Canberra online portal). A person commits an offence if they make noise louder than the noise standard and can be fined for doing so (section 39 of the Environment Protection Regulation 2005). A person may also take a common law action for nuisance (section 9 of the Environment Protection Act 1997).

For more information please refer to the detailed fact sheet provided by the Environmental Defenders Office which can be accessed here.