Figure: Abatement notice process for unreasonable noise

Text description of figure:

The diagram shows the abatement notice process for unreasonable noise, which starts when an unreasonable noise is reported. The following actions may be taken:

• Issue an abatement notice with a reasonable period to comply. Note: careful preparation of the notice is required. The abatement notice can result in:
  • Compliance
  • Failure to comply - an enforcement officer (with a constable if the building is a dwelling house) takes reasonable steps to reduce noise and (when accompanied by a constable) seize and impound noise source (s323(2)). The Council can also prosecute for failure to comply with the abatement notice.
• Apply for an enforcement order. (If the noise is such that urgent action is required and a court order is desirable, apply for an interim enforcement order.)

The recipient of an abatement notice is able to apply for a stay on the abatement notice until such time as an appeal on the notice is heard. An enforcement officer has the ability to cancel or change an abatement notice.