PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 268
Issue of noise abatement orders
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 268
Issue of noise abatement orders
268 Issue of noise abatement orders
(1) The occupier of any premises may apply to the Local Court for an order
under this section.
(2) The application is to be commenced by the issue of an
application notice that alleges that the occupier's occupation of premises is
affected by offensive noise.
(3) The respondent to the application may be a
person alleged to be making or contributing to the noise or the occupier of
premises from which the noise is alleged to be emitted.
(4) If the Local
Court is satisfied (on the balance of probabilities) that the alleged
offensive noise exists, or that although abated it is likely to recur on the
same premises, the Local Court may make either or both of the following
orders--
(a) an order directing the respondent to abate the offensive noise
within the time specified in the order,
(b) an order directing the respondent
to prevent a recurrence of the offensive noise.
(5) Part 4 of the
Local Court Act 2007 applies to an application under this section.
