What are Council's and Contractors Powers and Responsibilities?
Power to issue an Excessive Noise Direction (END)
Under Section 327, any enforcement officer, or any constable acting upon the request of an enforcement officer, who has received a complaint that excessive noise is being emitted from any place; and upon investigation of the complaint, is of the opinion that the noise is excessive, may direct (issue an Excessive Noise Direction) the occupier of the place from which the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level.
Council Officers/Contractors are not required to give a warning prior to issuing an END. The decision to give a warning will depend upon such matters as the time of day or night, noise volume and any other relevant matters.
It is entirely up to the discretion of the Officer at the time. Offenders may receive one warning without costs being incurred. All future site visits where noise is excessive will result in an END being issued and therefore incur costs. A warning given to any occupier/offender is considered to have been given to all occupiers of that property.
Where an Excessive Noise Direction has been issued, all costs incurred as a result of the callout will be charged to the offender. There will also be costs incurred as a result of the confiscation of any equipment.