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Noise, smells, developments and surveillance

Information about disputes between neighbours over noise, smells, developments and surveillance.

  • 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

Time limitAction
21 daysTo appeal to the Land and Environment Court of NSW against either a noise control notice issued by a Local Council, or a noise abatement order made in the Local Court of NSW, from the date the notice is served or the order is made.
Six yearsFrom the date that the property damage occurred to start legal action for negligence, nuisance or trespass.

Organisations

OrganisationResponsibilities
Local CouncilCan deal with issues about animals, noise and smells.
Local Court of NSWHears applications for a Noise Abatement Order.
NSW Office of Environment and HeritageHas the power to deal with issues relating to the environment, such as offensive smells and pollution.
Land and Environment Court of NSWHears appeals against a noise control issued by a Local Council and noise abatement orders made in the Local Court of NSW.

Legislation

AuthorityCovers
Protection of the Environment Operations Act 1997 (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 termDefinition
Apprehended Personal Violence Order (APVO)An order m​ade by the Local Court of NSW 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 DirectionA 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 OrderAn order made by the Local Court of NSW 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.

OrganisationFee
Local Court of NSW

You have to pay a fee to apply for a Noise Abatement Order. The applicable fee is the fee payable for filing an application notice under Part 4 of the Local Court Act 2007 (NSW).

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 of NSW website. 

 

OrganisationForm
 Local Court of NSWApplication Notice to the Local Court - General to apply for a Noise Abatement Order

OrganisationTypeCosts
Local Court of NSWLegal costsIf you apply for a Noise Abatement Order and are not successful, the Court may order you to pay the other party's legal costs.

Frequently Asked Questions

Noise smells developments and surveillance FAQs

Frequently Asked Questions about disputes between neighbours over noise, smells, developments and surveillance.

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If you have a legal problem in NSW, Legal Aid NSW is here to help you.

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Information about what to do if you have a dispute with your neighbour about noise, such as barking dogs, loud music, car alarms.

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Last updated: April 2025

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