Step 5 - Formal Notice
Once WRS completes its investigation it will make a decision whether the noise you are subject to amounts to a statutory nuisance. If the officer concerned decides that the noise does not fulfil this criteria you will be advised that WRS will not be progressing your complaint and you will be advised to consider your own private legal action if you remain affected by noise. Details on how to do this is available on our page Taking Your Own Legal Action (Section 82 Advice).
If WRS have been satisfied that the noise you are subjected to amounts to a nuisance then the officer may commence the process of serving a noise abatement notice.
This is a legal document which informs the recipient that the council is of the opinion that the noise that they are creating is giving rise to noise that is considered unacceptable and they are required to comply with the notice requirements. The requirements may vary depending on the type of noise which can include restrictions, prohibitions, time constraints and taking steps to rectify noise issues.
Depending on the nature of what is creating the noise the notice will have to give a reasonable period of time to allow for compliance with its requirements. For a domestic stereo this may be immediately whereas for a barking dog may require training and support. Industrial processes may require significant works to mitigate noise problems which may require several months to address.
The recipient of a notice has the right of appeal and has 21 days to lodge the appeal with the Magistrates Courts. Appeals will take the form of a trial in the Magistrates Court where you may be expected to give evidence to help justify the service of the notice. The outcome may result in the notice being upheld, varied or quashed (dismissed).
Follow the link to go back to the 7 steps of nuisance investigation.