City Of Newcastle does not issue approvals for busking however any persons wishing to busk in the area should be aware that Council Officers can and will regulate complaints regarding offensive noise and footway obstructions.
Council can regulate offensive noise in accordance with the provisions of the Protection of the Environment Operations Act 1997.
If it appears to an authorised person that offensive noise is being, or has at any time within the past seven days been, emitted from any premises (including a road), the authorised person may direct any person whom the authorised person believes to be making or contributing to the making of the noise to cease making or contributing to the making of offensive noise.
A person to whom a noise abatement direction has been given must not, without reasonable excuse:
- fail to promptly cease making or contributing to the making of the offensive noise
- at any time within 28 days following the time at which the direction was given, make or contribute to the making of offensive noise that is emitted from the premises.
Offensive noise means noise:
(a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:
- is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted
- interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or
(b) that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in ther circumstances, prescribed by the regulations.
Council can regulate footway obstructions in accordance with the provisions of the Roads (General) Regulation 2000.
A person must not place on a road anything that is likely to injure any person or damage any vehicle, or anything that is likely to restrict or endanger the use of a road by the public or interfere with public convenience.