174Injunctions relating to residential noise

174 Injunctions relating to residential noise (1) On an application by a council or a police officer, a Court may grant an injunction, in such terms as the Court considers appropriate, if the Court is satisfied that— (a) a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute a contravention of a provision of this Act or the regulations; and (b) that contravention relates to the emission of noise from residential premises. (2) Without limiting subsection (1), an order under that subsection may— (a) restrain a person from engaging in specified conduct that the Court reasonably considers to be the source of, or contributing to, the emission of noise; or (b) require a person to do a specified act or thing that the Court considers reasonably necessary to prevent, minimise or remedy the contravention. (3) A council or a police officer may apply for an injunction under subsection (1) whether or not proceedings have been taken for— (a) an offence against this Act or the regulations; or (b) a contravention of a civil penalty provision under this Act. (4) The power of a Court to grant an injunction under subsection (1) may be exercised whether or not the conduct— (a) is likely to result in substantial damage to any person; or (b) is likely to result in an infringement of the rights of any person. (5) An application for an order under subsection (1) may be made ex parte. S. 175 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).