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This topic covers
- Problems with noise
- Dealing with environmental issues like smells and rubbish
- Disputing developments for building or renovation
- Surveillance by cameras or sound recording
- Drones and privacy
- Problems with noise
| Time limit | Action |
|---|---|
| Six years | From the date that the property damage occurred to start legal action for negligence, nuisance or trespass. |
Organisation
| Organisation | Responsibilities |
|---|---|
| Local Council | Can deal with issues about animals, noise and smells. |
| NSW Local Court | Hears applications for a Noise Abatement Order. |
| NSW Office of Environment and Heritage | Has the power to deal with issues relating to the environment, such as offensive smells and pollution. |
Legislation
| Authority | Covers |
|---|---|
| Protection of the Environment Operations Act 1997Â (NSW) | Sets out the law for Noise Abatement Directions, Noise Control Notices and Noise Abatement Orders. |
| Companion Animals Act 1998 (NSW) | Gives Local Councils the power to issue orders in relation to noisy cats and dogs. For further information, see the Animals topic. |
| Surveillance Devices Act 2007 (NSW) | Regulates the use of: listening devices, data surveillance, optical surveillance and tracking devices. |
| Civil Aviation Safety Regulations 1998 (Cth) | Covers all recreational and commercial unmanned flight, including model aircraft, airships, balloons, rockets, kites, pyrotechnics and drones. |
| Common term | Definition |
|---|---|
| Apprehended Personal Violence Order (APVO) | An order m​ade by the Local Court that protects someone from violence committed by a person who they are not, and have never been, in a domestic relationship with, such as neighbours. |
| ​Drone | ​An Unmanned Aerial Vehicle (UAV). Now referred to as Remotely Piloted Aircrafts (RPAs). |
| Noise Abatement Direction | A direction that can be given by the police to a person that tells them they must stop making offensive noise. If the direction is breached the person can be fined. |
| Noise Abatement Order | An order made by the Local Court that tells someone they can't make certain noise, or restricts how they make noise, for example, only allowing noise to happen at certain times of the day. It is a criminal offence to breach a Noise Abatement Order. |
Noise Control Notice | A notice made by the Local Council that aims to control the level of noise or the times when certain activities can be undertaken. If the notice is breached, the person can be fined. |
| Organisation | Fee |
|---|---|
| NSW Local Court | You have to pay a fee to apply for a Noise Abatement Order. If you can't afford to pay a fee, you can apply to postpone, remit or waive it. For more information, see Fees on the Local Court website. |
Â
| Organisation | Form |
|---|---|
| Â NSW Local Court | Application Notice to the Local Court - General to apply for a Noise Abatement Order |
| Organisation | Type | Costs |
|---|---|---|
| NSW Local Court | Legal costs | If you apply for a Noise Abatement Order and are not successful, the Court may order you to pay the other party's legal costs. |
More services
Our resources
More resources
- Civil Aviation Safety Authority: Drones
- NSW Civil and Administrative Tribunal: Strata shemes
- NSW Environment Protection Authority: Dealing with barking dogs
- NSW Environment Protection Authority: Dealing with neighbourhood noise
- NSW Environment Protection Authority: Preventing neighbourhood noise
- NSW Environment Protection Authority: Seeking noise abatement orders
- NSW Fair Trading: Strata disputes
- State Library NSW: Neighbours and the law
- The Law Society of New South Wales: Problems with neighbours
Last updated: January 2024