Healthy Environment, Healthy Community, Healthy Business

Environment Protection Authority

North Sydney Council fined $15,000 for noisy night works at Berry Street

Media release: 9 August 2016

The NSW Environment Protection Authority (EPA) has fined North Sydney Council $15,000 for failing to comply with a Prevention Notice issued on the 15 April 2016.

The Council were directed to cease noise generating works at the Berry Street Upgrade between the hours of 10pm and 7am after the EPA received dozens of complaints about sleep disturbance from local residents. The Prevention Notice also required the Council to develop and implement a noise management plan before starting works again.

However, EPA Acting Director Metropolitan Branch Greg Sheehy, said that the Council failed to stop noisy night time works after the Prevention Notice was issued.

“Jack hammering and concrete cutting occurred after 10pm despite the EPA ordering for noisy activities to cease,” Mr Sheehy said.

Noise from the works caused significant distress in the surrounding community. The EPA and Council received many complaints, including some about sleep deprivation having an impact on residents’ ability to carry out their work duties.”

Mr Sheehy said that North Sydney Council now have a noise management plan in place to prevent and minimise noise pollution from the Berry Street Upgrade.

“There are cases when night time construction noise might be unavoidable but noise assessments and  management plans, including letting residents know in advance, need to be undertaken to mitigate the impacts,” Mr Sheehy said.

“If local residents have any concerns they can call the EPA’s Environment Line on 131 555.”

Penalty Notices are one of a number of tools the EPA can use to achieve environmental compliance, including formal warnings, licence conditions, notices and directions, mandatory audits, enforceable undertakings, legally binding pollution reduction programs and prosecutions.

The EPA must also take a range of factors into account before delivering a proportionate regulatory response, including the degree of environmental harm, whether or not there are any real or potential health impacts, if the action of the offender was deliberate, compliance history, public interest and best environmental outcomes.

For more information about the EPA’s regulatory tools, see the EPA Compliance Policy http://www.epa.nsw.gov.au/legislation/prosguid.htm.

Ends

Contact: EPA Public Affairs

Page last updated: 09 August 2016