Noise from vessels
The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 are two key legislative measures put in place to control noise levels on NSW waterways. These laws primarily exist to address and eliminate offensive noise.
Definition of offensive noise
Offensive noise is defined in the Protection of the Environment Operations Act 1997 as noise:
- That, by reason of its level, nature, character or quality, or the time at which it’s made, or any other circumstances:
- Is harmful to (or is likely to be harmful to) a person who is outside the premises from which it’s emitted, or
- Interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or
- That is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.
The test for offensive noise is one of a ‘reasonable person’. In deciding whether the noise from a motor vessel is offensive, the factors that would be taken into account include:
- The character of the noise (eg tones, impulses and fluctuations)
- The quality of the noise
- The noise level
- The effect of the noise on activities
- The amount the noise exceeds the background noise level
- The time of the noise event
- The waterside land-use
- The number of people affected.
For racing vessels, the generally accepted maximum noise level for engines is 95 dB at 30 metres, tested in accordance with Australian Standard 2254-1988.
Roads and Maritime Services may make it a condition of an Aquatic licence for a significant international or national event, that a particular race or meeting may exceed the maximum noise levels, but only if the relevant local council(s) has provided the race organiser with their written approval.
When considering amplified music, the concept of ‘offensive noise’ must be applied.
In response to increased community awareness and concern about noise from vessels on Sydney Harbour, Roads and Maritime, through its Commercial Vessels User Group, developed a Code of Conduct for Charter Vessels Operating with Amplified Music Systems The Code of Conduct was introduced to ensure that Owners and Masters of charter vessels comply when on NSW navigable waters.
This Code signifies a commitment by commercial operators to reduce the level of offensive noise emitted from amplified music systems on board charter vessels.
The Code specifies that no offensive noise will be emitted from any charter vessel, at any time. In addition to this, between midnight and 8am, charter vessels operating amplified music systems:
- Will not anchor
- Will remain underway
- Will operate at a distance of at least 200 metres from any shore
- Will not operate on Sydney Harbour, west of a line between Kirribilli and Bennelong point.
In the time period between 8am and midnight, charter vessels operating amplified music systems:
- Will remain underway when operating at a distance of less than 200 metres from any shore
- Will only anchor at a distance of at least 200 metres from any shore.