Overview
The Environmental Legislation Amendment Act 2025 (the ELA Act) commenced on 12 December 2025, and amends the Protection of the Environment Operations Act 1997 (POEO Act). Several of these amendments are directly relevant to noise enforcement under the POEO Act.
This article outlines the changes affecting noise abatement powers, court proceedings and enforcement provisions.
Who This Affects
The noise-related amendments are relevant to:
- Project Managers and Site Supervisors responsible for responding to Noise Abatement Directions
- EPL (Environment Protection Licence) holders with noise limits or conditions
- Compliance and Environmental Managers overseeing regulatory obligations
- Legal and Risk teams involved in environmental enforcement proceedings
- Personnel interacting with EPA and local council authorised officers
Extended Timeframes for Noise Abatement Directions
Sections 276 and 277 of the POEO Act have been amended.
- A noise abatement direction may now be issued within 10 days (previously 7) after an offensive noise is emitted.
- Once issued, a noise abatement direction remains in force for 40 days (previously 28).
These amendments change the statutory timeframes for the issue and duration of noise abatement directions.
Separate Charging of Multiple Contraventions
Section 216A of the POEO Act now allows multiple contraventions to be charged separately where they cannot be combined into a single offence.
This applies even if the standard limitation period for commencing proceedings has expired. The court may grant additional time to file separate charges if it considers it just and reasonable.
Additional Sentencing Considerations
Under Section 241 of the POEO Act, courts must now consider two additional factors when sentencing offenders:
- Impacts of the offence on Aboriginal cultural values and practices, including impacts on lands, skies, waters, plant and animal species and seas, having regard to spiritual and cultural significance.
- Environmental justice principles, defined as the disproportionate impact of environmental harm on disadvantaged or vulnerable communities.
Courts are required to consider these matters where they are relevant to the offence. The amendments apply to sentencing that had not yet occurred in proceedings before the court as at 12 December 2025.
New Offence of Harassing an EPA Officer
The POEO Act now includes a new offence under section 320B for harassing EPA and local council officers and employees who exercise functions under environment protection legislation or specified related legislation.
Maximum penalties are:
- $2,000,000 for a corporation, plus $240,000 per day for continuing offences.
- $500,000 for an individual, plus $120,000 per day for continuing offences.
Implications for Noise Compliance
The amendments modify the enforcement framework under which noise matters are investigated, prosecuted and sentenced. Extended timeframes for noise abatement directions and the ability to charge multiple contraventions separately increase the importance of maintaining clear and defensible compliance records.
Where noise matters proceed to court, additional sentencing considerations may apply where relevant to the offence. Accurate monitoring data, documented investigations and technically sound assessment methodologies remain critical to demonstrating compliance with the POEO Act.
For organisations operating under noise limits or licence conditions, structured noise management processes and reliable measurement practices are essential to managing regulatory risk under the amended framework.
How Trinity Supports Clients in Noise Compliance
Trinity provides technical noise assessment and monitoring services aligned with the POEO Act. We assist clients in preparing and reviewing Noise Management Plans, establishing defensible monitoring programs, responding to noise abatement directions, and supporting regulatory investigations using calibrated instrumentation and recognised assessment methodologies.
For project specific advice or support with your noise monitoring or compliance requirements in NSW, contact our team on 07 3255 3355 or via our contact form.
