Neighbourhood Noise

Neighbourhood noise can be described as unwanted sound which may be considered “unreasonable” when it exceeds the sound levels which have been outlined in The Environmental Protection (Noise) Regulations 1997. Under the Environmental Protection Act 1986 it is an offence to create unreasonable noise.

Regulations made under the Act allow for different maximum levels of noise at certain times depending on when it is most likely to be a nuisance. For example, loud noise late at night or very early in the morning is more likely to be unreasonable than noise during the day.

I am concerned about unwanted noise, what do I do?

If you are concerned about unwanted noise, the first step is to locate the source of the noise.

  • What is causing the noise?
  • Where is it coming from?
  • Is it a neighbouring property?

If a neighbour is creating the noise, approaching them (only if comfortable and safe to do so) and having a friendly conversation may be all that is required to resolve the matter.

However, if you cannot resolve the matter or feel uncomfortable or unsafe approaching your neighbour, please contact either:

  • 24-hour Police Assistance on 131 444 for a one-off event such as loud parties.
  • The Shire of Chittering on 9576 4600 for ongoing or regular events

NOTE: The Shire of Chittering is unable respond to noisy parties or manage behavioural problems associated with private parties. To make a complaint about a party, please call police on 131 444

Musical Instruments, Radio & Stereo Music

How can I tell if music is too loud?

Music with a dominant bass component can create a noise disturbance and should therefore be kept to a minimum. As a guide, music that is clearly audible at the boundary of a property is likely to exceed the allowable sound levels. Radio and stereo music are required to comply with the allowable sound levels specified in the Regulations at all times.

Am I able to play a musical instrument in my home?

The playing of a single musical instrument on residential premises is permitted to exceed the allowable sound levels, providing the instrument is played in a reasonable manner and for no more than one (1) hour per day between the hours of:

  • 7am and 7pm Monday to Saturday
  • 9am and 7pm on Sunday and public holidays Band practice in residential areas is prohibited and an alternative location should be used.

Party Noise

What should I consider before hosting a party?

If you plan to host a party, it is strongly recommended that you contact the Police beforehand or register your event through their website www.police.wa.gov.au and obtain important information containing precautions you should take to minimise potential risks.

As the host, you have a duty of care for the safety and wellbeing of your guests and if the party gets out of hand you could be held responsible.

You should also inform your neighbours about the party and the time you expect to finish, to avoid causing a strained relationship.

Who should I contact for party noise?

The Shire of Chittering is unable respond to noisy parties or manage behavioural problems associated with private parties. To make a complaint about a party, please call police on 131 444.

Construction Noise

Are there any restrictions that apply to noise from construction sites?

Construction work is permitted between the hours of 7am to 7pm from Monday to Saturday inclusive, without the usual restrictions that apply to other noise sources. Noise from construction work is not permitted on Sundays or public holidays. There are still some restrictions that apply to noise from construction work, and you are required to:

  • Carry out the construction in accordance with Section 6 of Australian Standard 2436 – 1981 Guide to Noise Control on Construction, Maintenance and Demolition Sites.
  • Use equipment that is the quietest reasonably available, for example use an electric cement mixer rather than a petrol one, and in a manner that minimises any impacts due to noise.

What if the construction workers are playing loud music while on site?

The allowances for noise from construction sites only apply to noise directly resulting from the construction itself.

Noise from other sources such as music being played by workers is not exempt and the usual restrictions apply to these types of noise.

It is very common for the Shire to receive complaints about noise from workers’ stereos. If workers want to play music while they are working, then they should make sure that it isn’t a nuisance to neighbouring properties.

What if it is necessary to work outside the permitted times?

Noisy construction work can only be done outside of the permitted times if an approval has been granted by the Shire of Chittering. Approval can only be granted for work outside the normally permitted times when there is a legitimate reason why it is necessary.

An example of when approval may be given is if the works are near a busy road and doing the work early in the morning is likely to minimise disruption.

Are there any fees payable to gain approval to work outside permitted times?

Yes, there are fees that apply, and a noise management plan must be provided before approval can be granted. Applications must be submitted at least seven (7) days before the works commence. Contact the Shire’s Health team for further information on chatter@chittering.wa.gov.au 

Roosters & Other Noisy Birds

Can I keep a rooster or other birds on my property?

Roosters can only be kept if approval has been granted and a noise management plan is in place to prevent the emission of unreasonable noise.

Regardless, if a permit has been issued or not, if any roosters are found to be causing a nuisance or are emitting unreasonable noise, a notice may be issued to take whatever necessary actions to prevent the emission of unreasonable noise.

A certain number of peafowl, guinea fowl, turkeys, chickens and geese may be kept on any property within the Shire and this is outlines in the Shire’s local laws.

Specified Equipment

What is specified equipment?

Specified equipment may include musical instruments and many common household items, including lawnmowers, hand drills, whipper snippers and basketballs.

However, equipment which could be turned on and left running, such as an air conditioner or stereo system, does not come under the definition of specified equipment as the constant presence of an operator for normal use of the equipment is not required.

Different types of noisy equipment used in residential premises can exceed allowable noise levels provided they are used in a reasonable manner for no more than two hours per day.

When can specified equipment be used?

Specified equipment can be used no more than two hours per day (or one hour per day for musical instruments) and only between:

  • 7am and 7pm Monday to Saturday
  • 9am and 7pm on a Sunday or public holidays.

The equipment must be used in a reasonable manner and the noise emitted must not unreasonably interfere with the health, welfare, convenience, comfort or amenity of any neighbouring property. Whether or not the noise emission unreasonably interferes is up to the discretion of the Environmental Health Officer.

Noise emitted from specified equipment outside of these hours must meet the assigned levels. To judge whether a noise emission excessed the assigned levels as a rule, if you can hear the noise past your property boundary, it exceeds the assigned levels.

Environmental Protection Act 1986

Environmental Protection (Noise) Regulations 1997