Changes to noise control regulations

• Aligns prescribed noise levels for motor vehicles with the Road Transport (Vehicle Registration) Regulation 2017

  The Noise Control Regulation and Road Transport (Vehicle Registration) Regulation 2017 adopt stationary vehicle noise standards from the Commonwealth Road Vehicle Standards Act 2018. To reduce potential uncertainty for regulators and the community, the Noise Control Regulation replaces the prescribed noise levels with a reference to the Road Transport (Vehicle Registration) Regulation 2017, and aligns relevant terms and definitions.

• Extends liability for offensive noise from off-road motor vehicle use to the owner or occupier of private land

  When a motor vehicle (including a trail bike) is being used off-road in such a manner that it emits offensive noise, the driver or rider of the vehicle can be liable. 

  The Noise Control Regulation extends this liability to the owner or occupier of private land, if they cause or permit the vehicle to be used in a way that emits offensive noise.

• Exempt child presence detection (CPD) alarms in motor vehicles from noise requirements for intruder alarms and horns

  A CPD system is an emerging technology that detects children and animals left inside a vehicle, triggering an audible, visual or haptic alarm. A CPD alarm may use existing sounding devices fitted to motor vehicles, such as intruder alarms or horns.

  The Noise Control Regulation restricts motor vehicle intruder alarms and horns to reduce unnecessary noise impacts. The Noise Control Regulation exempts noise triggered by the CPD alarms from the provisions relating to motor vehicle intruder alarms and motor vehicle horns.

• Some motor vehicle offence penalties were doubled

  Penalties for breaching offensive noise provisions of the Noise Control Regulation are relatively low compared to those for similar legislation, and feedback indicated that in some cases they may be too low to deter offending behaviour. To help address this, we doubled the penalty notice amounts for certain noisy vehicle offences. 

The Noise Control Regulation restricts the use of certain sounding devices and the emission of offensive noise from marine vessels.

• Sounding of sirens from vessels

  The Noise Control Regulation extends the prohibition on sounding a vessel siren, whistle, hooter, foghorn or bell on navigable waters to the sounding of all horns on marine vessels, except for the purposes of navigation and emergency.

• Use of sound systems on vessels

  The Noise Control Regulation extends the restriction on the use of any musical instrument or sound system on a vessel if it is being used in a manner that emits offensive noise to include all devices used to amplify speech, such as microphones and megaphones.

• Managing noise from entertainment activity on liquor licenced vessels

  Under the NSW Government ‘Vibrancy Reforms’ noise from entertainment activities on liquor licensed premises are dealt with under the Liquor Act 2007 and liquor licensing framework.

  The Noise Control Regulation clarifies that the management of noise from entertainment activities on liquor licensed vessels is to be managed like other licensed premises.

• Restrictions on the use of household air conditioners

  Climate change is causing longer and more frequent severe and extreme weather events, including high temperatures and heatwaves. These conditions can affect a person’s overall health and wellbeing, and their ability to get quality sleep, and pose serious health risks to vulnerable communities.

  Under the Noise Control Regulation time of use restrictions for household air conditioners do not apply during periods of severe and extreme heatwaves, as declared by the Australian Bureau of Meteorology.

  The Noise Control Regulation extends the commencement of restricted hours for nighttime air conditioner use from 10 pm to 11 pm at other times.

• Extending the night-time operating hours of pumps (other than heat pumps) from 8 pm to 9 pm

  Modern pumps are quieter and more efficient than those that were commonly used in the past. The Noise Control Regulation extends the commencement of restricted hours for nighttime use of household pumps from 8 pm to 9 pm.

• Remove noise label requirements for pavement breakers and garbage compactors

  NSW was the only Australian jurisdiction that required noise labels for these articles. With technological advances, there is little evidence that they cause significant noise impacts when compared with industrial or commercial equipment that does not require noise labelling.

  The Noise Control Regulation removes the labelling requirements for pavement breakers and mobile garbage compactors. These articles are still subject to offensive noise provisions in the Protection of the Environment Operations Act 1997 (POEO Act).

• Streamlined noise requirements for grass-cutting machines

  The Noise Control Regulation streamlines noise requirements for grass cutting machines recognising technological advances and a shift towards electric equipment by:

  • removing grass-cutting machines as a prescribed article under section 136 of the POEO Act
  • removing the two categories of grass cutting machines and allowing for two types of noise labels, making it easier for industry to comply with the noise labelling requirements
  • exempting quieter autonomous battery powered grass cutting machine (robot mowers) from noise labelling requirements.

Penalties for breaching offensive noise provisions of the Noise Control Regulation are relatively low compared to those for similar legislation, and feedback indicated that in some cases they may be too low to deter offending behaviour.

The Noise Control Regulation 2026 raises the penalty amounts for a range of offences.