A recent decision of the Land and Environment Court in Doon v Snowy Valleys Council [2025] NSWLEC 1514, confirms that the ‘reasonable suspicion’ required to issue a Prevention Notice under the Protection of the Environment Operations Act 1993 (POEO Act) is not arbitrary and must be based on objective evidence.
Background
These proceedings related to an appeal against a Noise Prevention Notice issued by Snowy Valleys Council (Council) to Mr Doon (Appellant) under s 96 of the POEO Act.
Council received 15 written complaints from three neighbours about noise emanating from the Appellant’s property. The complaints related to noise from:- vehicles; undertaking of vehicle repairs; use of power tools, use of ride-on lawnmower, use of dirt bikes and amplified noise. The Appellant’s property is approximately 1.5ha, located within a low density residential zone and adjoins the Tumut golf course on one side. [...]
