By Raia Flinos
MORNINGTON Peninsula Shire has secured its first court victory under the Environment Protection Act 2017, following a battle over noise complaints in Rosebud. The offender has been ordered to pay a $2000 fine following a court injunction.
The case centred around a residential property where the owner’s son would blast music at extreme volumes throughout the night, sometimes until 5am. The disruption was found to have significantly impacted the health and wellbeing of nearby residents. Neighbours issued repeated complaints, but despite compliance notices issued and direct contact from Victoria Police, the noise continued over multiple months.
The Shire launched an official investigation and deemed the noise unreasonable after reviewing noise diaries from neighbours and sound level meter readings. Mayor Councillor Anthony Marsh said the case emphasises the council’s commitment to protecting the wellbeing of the community. “Council takes a stand against unreasonable noise,” Marsh said. “All residents deserve to feel comfortable in their homes. Noise pollution, like we’ve seen in this case, is detrimental to people’s health and wellbeing.”
The Environment Protection Act 2017 introduced a “general environment duty”, requiring individuals and organisations to protect from harm towards human health and the environment, including from noise. The Act gives councils greater enforcement powers to act on repeated or serious noise complaints. Residents are encouraged to report any excessive or ongoing noise, especially when it affects their wellbeing.
First published in the Mornington News – 10 June 2025
