Noise complaints Flashcards
How does police officer deem noise to be excessive? PPRA 578
In deciding, for this part, whether the noise is excessive in the circumstances, the police officer may have regard to any relevant matters, including—
(a) the degree of interference the noise is causing or is likely to cause to the conduct of activities ordinarily carried out in the vicinity of the place from which the noise is being emitted; and
(b) the nature of the lawful uses permitted for premises in
the vicinity of the place from which the noise is being
emitted.
What doesn’t count as an environmental nuisance?
However, this part does not apply to an environmental
nuisance caused by noise emitted from a place—
(a) while being used for an open-air concert or commercial entertainment; or
(b) by a public meeting under a permit under a law
authorising the amplification or reproduction of sound
by—
(i) any electrical or mechanical appliance, apparatus
or device; or
(ii) another way; or
(c) while the place is being used by motor vehicles under a permit under a law.
What is classified as “noise” PPRA 578?
(1) This section applies if—
(a) a complaint has been made about noise; and
(b) the complaint relates to noise emitted from a place by—
(i) a musical instrument; or
(ii) an appliance for electronically producing or amplifying music or other sounds; or
(iii) a motor vehicle, other than a motor vehicle on a
road; or
(iv) a gathering of people for a meeting, party, celebration or similar occasion; and
(c) a police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly
audible at or near residential or commercial premises;
and
(d) section 579 does not apply.
What are the particular circumstances to which noise is excessive? PPRA 580
This section applies if—
(a) a complaint is made about noise; and
(b) the complaint relates to noise that—
(i) is emitted from a motor vehicle on a road or in a
public place; and
(ii) is emitted by an appliance for electronically
producing or amplifying music or other sounds including, for example, by a radio, CD player or other similar equipment for producing or amplifying music or other sounds that is in the motor vehicle; and
(c) the police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises.
(2) This section also applies if—
(a) a police officer hears noise; and
(b) the noise is emitted from a motor vehicle in the circumstances mentioned in subsection (1)(b); and
(c) the police officer is satisfied that the noise is clearly
audible at or near residential or commercial premises.
What are the police powers if we deem the noise excessive PPRA 581 ( not vehicle related)
(1) This section applies if a police officer is reasonably satisfied that noise to which this part applies is excessive in the circumstances.
(2) The police officer may enter the place without warrant.
(3) The police officer must give the person responsible for the noise a direction (noise abatement direction)—
(a) orally or in writing; or
(b) if the direction relates to noise emitted by a motorbike
being driven on a place other than a road—by a notice in
the approved form.
(4) Also, if the person to whom the direction is given under subsection (3)(b) is a child, a copy of the notice must be given to the child’s parent or guardian if it is reasonably practicable to do so.
Unless otherwise stated, the noise abatement direction applies to the whole of the place to which it relates.
(5) A direction given under subsection (3)(a) must direct any person responsible for the noise, or for permitting the noise to be caused, to immediately abate the excessive noise from the place.
Does the NAD only stand for the person who receives the NAD?
No,
State the compliance rules for a NAD
(1) A person to whom a noise abatement direction is given must:
(a) immediately comply with the direction; and
(b) refrain from the emission, or contributing to the
emission, of excessive noise from the place to which the
direction relates or, if the direction relates only to a part
of the place, the stated part of the place, for the noise
abatement period.
(2) A person who knows a noise abatement direction has been given must refrain from the emission, or contributing to the emission, of excessive noise from the place to which the direction relates or, if the direction relates only to a part of the place, the stated part of the place, for the noise abatement period.
Explain a NAD period?
noise abatement period means—
(a) for a noise abatement direction given in relation to a
motorbike being used on a place that is not a road—48
hours after the direction is given; or
(b) for any other noise abatement direction—96 hours after the direction is given.
Can an officer use force to enter a place? PPRA 614
If officers are restricted in gaining entry, then they are authorised to use reasonable necessary force.
Is the person responsible for the noise required to give his or her name and address?
Yes DIRECTLY BECAUSE OF PPRA 40 & 41. (e) a police officer is about to give, is giving, or has given a
person a noise abatement direction, an initial nuisance
direction or a final nuisance direction;
Does the person responsible for the noise have to answer any questions?
No, not unless they have committed/suspect they have committed an offence.
When can a person be arrest for not following a NAD? State the safeguards and PPRA protocol that has to be followed.
It is only when all these requirements
1)the oral direction - NAD
2) fail to comply, warning and an opportunity to comply 633.
3) the person still fails to comply
have been met that the police officer can commence a proceeding (NTA, complaint and summons, arrest without warrant), or issuing an infringement notice using a traffic infringement notice, for an offence against PPRA s. 582: ‘Compliance with noise abatement direction’.
What is the protocol for seizing property?
As soon as reasonably practicable after taking possession of property, officers are to complete either a QPB32A (Field Property Receipt) for the property; or an entry in an official police notebook if a QPB32A is not available.
when dong the NAD what are the 7 particulars are to be recorded in their official police notebook and provided to the local police communications centre?
(i) the name, address of the person(s) to whom a NAD was given;
(ii) the time and date the NAD was given;
(iii) if the NAD was given in relation to noise emitted from or by a motor vehicle, the particulars necessary to properly identify the vehicle;
(iv) a general description of the place or, if the NAD relates only to a part of the place, a general description of the part of the place to which the NAD relates;
(v) the substance of the direction;
(vi) name, rank and station/establishment; and
(vii) other relevant information.
After investigating if the noise is excessive what must and officer do?
Check Qprime to see if a NAD is already at the residence?
Talk to partner about risk/saftey of the job
