268Issue of noise abatement orders

268 Issue of noise abatement orders

268 Issue of noise abatement orders

(1) The occupier of any premises may apply to the Local Court for an order under this section.

(2) The application is to be commenced by the issue of an application notice that alleges that the occupier’s occupation of premises is affected by offensive noise.

(3) The respondent to the application may be a person alleged to be making or contributing to the noise or the occupier of premises from which the noise is alleged to be emitted.

(4) If the Local Court is satisfied (on the balance of probabilities) that the alleged offensive noise exists, or that although abated it is likely to recur on the same premises, the Local Court may make either or both of the following orders—

(a) an order directing the respondent to abate the offensive noise within the time specified in the order,

(b) an order directing the respondent to prevent a recurrence of the offensive noise.

(5) Part 4 of the Local Court Act 2007 applies to an application under this section.

s 268: Am 2001 No 121, Sch 2.174 [6]–[8]. Subst 2002 No 99, Sch 1.7. Am 2007 No 94, Schs 1.85 [1], 2.