Noise Control
Section 16 Duty to avoid unreasonable noise
- Every occupier of land (including any premises and any coastal marine area), and every person carrying out an activity in, on, or under a water body or the coastal marine area, shall adopt the best practicable option to ensure that the emission of noise from that land or water does not exceed a reasonable level.
Section 326 Meaning of excessive noise
- In this Act, the term excessive noise means any noise that is under human control and of such a nature as to unreasonably interfere with the peace, comfort, and convenience of any person (other than a person in or at the place from which the noise is being emitted), but does not include any noise emitted by any—
- Without limiting subsection (1), excessive noise—
- aircraft being operated during, or immediately before or after, flight; or
- vehicle being driven on a road (within the meaning of section 2(1) of the Land Transport Act 1998); or
- train, other than when being tested (when stationary), maintained, loaded, or unloaded.
- includes noise that exceeds a standard for noise prescribed by a national environmental standard; and
- may include noise emitted by—
- a musical instrument; or
- an electrical appliance; or
- a machine, however powered; or
- a person or group of persons; or
- an explosion or vibration.
Section 327 Issue and effect of excessive noise direction
- Any enforcement officer, or any constable acting upon the request of an enforcement officer, who—
- A direction under subsection (1) may be given in writing or orally.
- Every direction under subsection (1) shall prohibit the person to whom it is given, and every other person bound by the direction, from causing or contributing to the emission of excessive noise from or within the vicinity of the place at any time during the period of 72 hours or such shorter period as the enforcement officer or constable specifies, commencing at the time the direction is given.
- The powers under this section are in addition to the powers under sections 322 to 325 to issue abatement notices relating to unreasonable noise and to seek an enforcement order under section 316.
- 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 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.