Noise from Vessels

The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2000 are the primary legislative means of controlling noise on NSW waterways. The principal factor under noise legislation is the concept of offensive noise. Offensive noise is defined in the Protection of the Environment Operations Act 1997 as noise:

(a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:

(b) 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.

For example, a vessel operating at 80dB(A) in the middle of Botany Bay may not be emitting "offensive noise" because it is not affecting another person. However, a vessel operating at 75dB(A) - which is below the recommended limit - at 6am in the Hawkesbury River close to residential property may be emitting "offensive noise" because it is disturbing other people's sleep.

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:

Aquatic Events

For racing vessels, the generally accepted maximum noise level for engines is 95 dB at 30 metres, tested in accordance with Australian Standard 1949-1988. NSW Maritime 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 or councils have provided the race organiser with their written approval for this to occur.

Amplified Music

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 NSW Maritime, through its Commercial Vessels User Group, developed a Code of Conduct for Commercial Vessels Operating with Amplified Music Systems. The purpose of this Code of Conduct is to prescribe guidelines with which the Owners and Masters of charter vessels, operating amplified music systems, will comply when on NSW navigable waters.

This Code signifies a commitment by commercial operators to reduce the level of offensive noise emanating from amplified music systems on board charter vessels by complying with the Operating Guidelines contained in the Code.

The Code specifies that no offensive noise will be emitted from any charter vessel at any time. In addition, in the time period between midnight and 8am, charter vessels operating amplified music systems:

In the time period between 8am and midnight, charter vessels operating amplified music systems: