Posted on September 6, 2026 by Sinead Macauley and Anna Sinclair 12

Changes to POEO (Noise Control) Regulations

The Protection of the Environment Operations (Noise Control) Regulation 2026 (2026 Noise Control Regulation) commenced on 28 August 2026, repealing and replacing the 2017 Noise Control Regulation. The 2026 Noise Control Regulation retains the framework for controlling common sources of neighbourhood noise, while making a number of targeted changes intended to modernise the regime and increase the effectiveness of enforcement.

The 2026 Noise Control Regulation is made under the Protection of the Environment Operations Act 1997 (POEO Act). The POEO Act relevantly provides for the regulation of noise pollution and offensive noise, while the 2026 Noise Control Regulation prescribes more specific requirements and offence provisions for particular sources of noise.

Key changes

The 2026 Noise Control Regulation includes a number of important changes, which will be relevant to councils dealing with noise complaints, particularly from neighbourhood noise sources.

Motor vehicle noise 

• Alignment with road transport standards: Prescribed motor vehicle noise levels are now as specified in the Light Vehicle Standards Rules (contained in Sch 2 of the Road Transport (Vehicle Registration) Regulation 2017) and the Heavy Vehicle (Vehicle Standards) National Regulation, rather than separately prescribing the limits in the 2026 Noise Control Regulation (ss 4-5). This is designed to ensure certainty for regulators.
• Private landowners and occupiers can be liable for off-road vehicle noise: The definition of a “person in charge of a motor vehicle” now includes the owner or occupier of private property where the vehicle is being used that emits offensive noise (s 6(2)). This is particularly relevant to complaints concerning off-road vehicles, including trail bikes, operated on private land. Certain vehicles being used for agricultural purposes are excepted (s 6(4)).
• Child-presence detection alarms exempted: Alarms triggered by a child or animal being left inside a vehicle are excluded from the requirements applying to motor vehicle intruder alarms and horns (Sch 3, definitions of “child presence detection alarm”, “motor vehicle horn” and “motor vehicle intruder alarm”).

Household pumps

• Later restriction time: The commencement of the restricted period for pumps on residential premises (being pumps for swimming pools, spas, sumps and water coolers and certain other pumps has been amended from 8.00 pm to 9.00 pm (s 48).
• Heat pump water heaters remain subject to their separate 10 pm restriction (s 49).

Air conditioners

• Hours extended: The restricted period for use of residential air conditioners which can be heard in a habitable room of another residence now begins at 11 pm rather than 10 pm (s 44(1)).
• Heatwave exception: New provisions mean that the time restrictions do not apply during periods of severe or extreme heatwaves, as declared by the Bureau of Meteorology (ss 44(2)–(4)).

Marine vessels

• Microphones and megaphones regulated on vessels: The prohibition on offensive noise from vessel sound systems is extended to microphones and megaphones (s 39).
• Liquor-licensed vessel entertainment treated under the liquor licensing framework: The 2026 Noise Control Regulation clarifies that entertainment activities on liquor-licensed vessels are dealt with consistently with the Vibrancy Reforms applying to licensed premises (s 39(2)). An exemption has now been added so that marine vessels which are liquor licensed will no longer have to adhere to the limits on the use of sound systems limits according to the 2026 Noise Control Regulation, but will instead be dealt with according to their liquor license and the Liquor Act 2007.
• Shooting-range testing methodology updated: The detailed shooting-range methodology is remade and modernised, including revised measurement standards, shot classification and manual/post-processing methods (s 63; Sch 1).

Penalties and enforcement

• Longer enforcement periods for regulated neighbourhood noise: A person now commits an offence if they have been warned by an authorised officer or enforcement officer not to cause or permit a noise from a regulated source (i.e. motor vehicle, air conditioner, power tool, pump, musical instrument and sound equipment) outside of the permitted hours within 10 days of the noise occurring (increased from 7 days) and the person causes or permits the noise from the regulated source within 40 days after the warning (increased from 28 days) (ss 8, 9, 44, 47–49, 51–52).
• Higher penalties for noise offences: Maximum penalties and penalty notice amounts have been increased for a range of offences. Among other changes, penalty notice amounts for some motor vehicle offences are doubled (including up to $1,200 for an individual/$2,400 for a corporation where the vehicle exceeds the prescribed noise level by more than 15dB(A)) (ss 5–39; Sch 2).
• General Regulation penalty-notice schedule updated: The POEO (General) Regulation 2022 is amended to replace references to the 2017 Noise Control Regulation with the 2026 Noise Control Regulation and prescribe the applicable penalty notice amounts and authorised officers (Sch 2).

Other changes

Other changes include the removal or amendment of certain labelling requirements for some devices, including defective vessels (ss 58(5)-(6)), pavement breakers and mobile garbage compactors, and grass cutting machines (ss 45–46). When considering these changes, enforcement bodies should be aware that the removal of the labelling requirement does not without more remove the requirement to comply with the offensive noise provisions generally.

What the changes means for councils

The changes do not fundamentally alter a council’s role in regulating neighbourhood noise, but they do affect when an offence for a regulated neighbourhood noise may have been committed and how particular complaints should be assessed and enforced.

The longer enforcement periods for regulated neighbourhood noises should also make it easier to take enforcement action (such as issuing a penalty notice) to a person who is continuing to cause or permit a regulated noise to be emitted in breach of the 2026 Noise Control Regulation.

Most relevantly, authorised or enforcement officers should consider the following before taking enforcement action:

• For a motor vehicle used at a private property that emits an offensive noise – who is liable for the offence and should enforcement action be taken against either or all of the owner of the vehicle, the driver of the vehicle and the owner or occupier of the private land?
• For neighbourhood noise complaints, is the regulated noise occurring after the extended permissible hours and, if it is continuing, should enforcement action be taken?

Councils should also review any complaint-assessment, evidence-gathering and enforcement guidelines, templates or procedures to ensure that they reflect the new provisions and identify the correct statutory power or offence under the 2026 Noise Control Regulation.

Finally, councils should continue to distinguish between prescribed time or equipment-specific restrictions under the 2026 Noise Control Regulation and the general prohibition against offensive noise. Compliance with a prescribed time restriction under the regulation does not necessarily mean that noise is lawful: noise may still constitute offensive noise under the POEO Act depending on its nature and circumstances.

Read the 2026 Noise Control Regulation here: Protection of the Environment Operations (Noise Control) Regulation 2026

If you would like to discuss how these changes impact POEO Act enforcement or complaints handling, please contact Anna Sinclair or Sinead Macauley.