4.1. What are commercial, industrial and trade premises

Commercial, industrial and trade premises means any premises except:

The definition of commercial, industrial and trade premises is broad and does not rely on the premises being used for a business or other commercial activity. For example, it includes:

4.1.1. Streets and roads

Part 5.3 of the Regulations does not apply to noise from road traffic or motor vehicles on highways. Noise from motor vehicles used on roads is regulated under Part 5.6 of the Regulations.

Part 5.3 of the Regulations applies to noise from commercial vehicles operating at commercial, industrial and trade premises and maintenance of any vehicles (including non-commercial vehicles) at these premises.

While Part 5.3 of the Regulations does not apply to road traffic or vehicles on roads, it does apply to operations of road infrastructure, such as tunnel ventilation systems. Activities related to the design, construction and maintenance of roads and road-related infrastructure are subject to the GED.

 

Part 6 of this guide provides links to practical guidance for people undertaking a design or civil construction activity about how they can implement controls to minimise risks associated with noise emissions.

4.1.2. Railway tracks

The definition of commercial, industrial and trade premises in the Regulations excludes railway tracks in the following circumstances: 

1. a railway track used by rolling stock in connection with the provision of a freight service or passenger service
   1.  while travelling on a railway track or tramway track; or 
   2.  while entering or exiting a siding, yard, depot or workshop; 
2. a railway track used by rolling stock in connection with the provision of a passenger service, while in a siding, yard, depot or workshop and is
   1. powering up to commence to be used in connection with the provision of a passenger service; or 
   2. shutting down after being used in connection with the provision of a passenger service.

Noise emissions from trains or trams used by a passenger transport company for the provision of a passenger service are excluded from the application of the Act and the Regulations under section 251B of the Transport (Compliance and Miscellaneous) Act 1983. 

While the Act and Part 5.3 of the Regulations do not apply to noise from railway tracks in the above circumstances, they do apply to the maintenance, cleaning or loading of rolling stock stabled in a siding, yard, depot or workshop.

The GED and unreasonable noise provisions determined by the factors in paragraph (a) of the definition of unreasonable noise also apply to the operation of rail and rail-related infrastructure, such as noise from transformers that service the rail. Refer to unreasonable noise guidelines for detailed guidance on unreasonable noise determined by factors under the Act.

• music
• voices
• noise from:
  • crowds
  • firearms
  • lawnmowing
  • construction or demolition activities on building sites
  • sporting events
  • intruder, emergency or safety alarms or sirens
  • aircraft (except for ground maintenance activities)
  • mobile farm machinery (except for maintenance activities)
  • scare and anti-hail guns
  • livestock on farms or saleyards
  • equipment used in relation to an emergency
  • non-commercial vehicles (except for maintenance activities)
  • large fans used to circulate air over a wide area where crops such as citrus, stone fruit or vines are grown (frost fans)
  • wind turbines at wind energy facilities (used to generate electricity by wind force)
  • blasting undertaken in association with earth resources activity.

• Intruder, emergency and safety alarms and sirens – such as reversing alarms on forklifts, need to be clearly audible to ensure safe operation. However, the intensity of the alarm or horn noise must be proportionate to the location and safety requirements. To ensure that the noise from these alarms and sirens is not unreasonable noise, the factors in the definition of unreasonable noise must be considered. 
• Noise from equipment used in an emergency – such as a hospital specialist ventilation system used during an emergency to prevent the spread of airborne infection – may be excluded from assessment by regulation 117 but may still be unreasonable under the definition of unreasonable noise in the Act. The Noise Protocol (Clause 37) sets out the noise limits that apply to the testing and maintenance of emergency equipment. Clause 38 sets out examples of emergency equipment.

Prescribed factors under section 3(1)(a)(v) (such as frequency spectrum under regulation 120) need only be considered if the noise source (including a source listed in regulation 117) is located at a commercial, industrial or trade premises.

4.2.1. Safety and emergency equipment 

Noise from equipment used in relation to an emergency are excluded by regulation 117 from a noise assessment under Division 3 of Part 5.3 of the Regulations. As is noise from intruder, emergency and safety alarms and sirens (which includes train horns used as a safety function). 

Although intruder, emergency and safety alarms and sirens, such as reversing alarms on forklifts, will need to be easily audible to ensure safe operation, the intensity of the alarm or horn noise will need to be proportionate to the location and safety requirements.  To ensure that the noise from intruder, emergency and safety alarms and sirens is not unreasonable noise, the factors in paragraphs (a)(i)–(iv) of the definition of unreasonable noise in section 3(1) the Act (such as time, place, circumstances, duration) must be considered. Prescribed factors under section 3(1)(a)(v) (such as frequency spectrum under regulation 120) need only be considered if the noise source (including a source listed in regulation 117) is located at a commercial, industrial or trade premises.

An emergency includes short-term emergencies such as a structure fire, and longer-term emergencies like a disease outbreak or epidemic. Noise from a hospital specialist ventilation system used in relation to an emergency to prevent the spread of airborne infection may be excluded by regulation 117 and therefore not assessed under Part 5.3 of the Regulations.  

Clause 37 of the Noise Protocol sets out the noise limits that apply to the testing and maintenance of emergency equipment. Clause 38 of the Noise Protocol sets out examples of the emergency equipment.

Table 1: Operating time periods for commercial, industrial and trade premises

Period	Time and days
Day	7 am to 6 pm Monday to Saturday (except public holidays)
Evening	6 pm to 10 pm Monday to Saturday 7 am to 10 pm Sunday and public holidays
Night	10 pm to 7 am the following day

4.4. Noise limits

In Part 5.3 of the Regulations (other than Division 5) noise limit means the maximum effective noise level allowed in a noise sensitive area, as determined in accordance with the Noise Protocol.

The Noise Protocol sets out how to conduct noise-related assessments, including the methods for setting noise limits and assessing the noise. 

EPA publication 1997 Technical guide: Measuring and analysing industry noise and music noise describes how to use the Regulations and Noise Protocol to predict, measure and assess noise from commercial, industrial and trade premises. 

To assess whether a commercial, industrial or trade premises complies with prescribed unreasonable noise requirements, the effective noise level at a noise sensitive area is compared with the noise limits set under the Regulations and the Noise Protocol.

Different levels of noise protection apply depending on the land use zoning and the amount of background noise at the noise sensitive area.

The noise limits are primarily set according to the local land use zones surrounding the noise sensitive area. The influence of surrounding land uses is based on the purpose of the local land use zones in a Planning Scheme, including the degree of industrial use permitted. Higher noise levels are generally allowed close to industrial areas, and lower levels apply in residential or rural living areas.

From 1 July 2021, the proposed use of land where a public acquisition overlay applied to the land and other specific uses of land set out in the old framework under SEPP N-1, are no longer factored in the calculation of noise limits in major urban areas.  

While the noise limits provide reasonable protection, they are not set to preserve the existing ambient sound environment or attain inaudibility.

Where noise limits apply

Noise limits apply in noise sensitive areas that include places where people live, learn or stay for recreation purposes. They include: 

• residences or other places where people reside or sleep 
• child care centres or schools 
• campgrounds and caravan parks in rural areas.

For the definition of noise sensitive area, see regulation 4. 

Compliance with the noise limits for commercial, industrial and trade premises is usually assessed at a noise sensitive area. However, the Regulations also enable the assessment of noise for commercial, industrial and trade premises at a location other than a noise sensitive area. This is referred to as an alternative assessment location.  

The use of an alternative assessment location is described in the Noise Protocol (clauses 57 to 62). 

EPA publication 1997 Technical guide: Measuring and analysing industry noise and music noise describes when and how to assess noise at an alternative assessment location.

The noise limit must not exceed 55 dB(A) at night

The night period noise limit must not exceed 55 dB(A), as set out in regulation 118(3). This protects sleep and reduces the risk of harm to human health. It applies to both major urban areas and rural areas, regardless of the land use zoning or background level.

This limit may be relevant in locations within major urban areas exposed to heavy traffic, where the noise limit is set as a margin above background noise. Instead of the noise limit increasing with the traffic noise levels, the night period noise limit of 55 dB(A) comes into effect to protect human health and sleep at night. 

Regulation 118(3) may also come into effect when a noise sensitive area is located within an entirely industrial area. 

The Noise Protocol sets out how to take into account the cumulative contribution of noise from commercial, industrial and trade premises using an alternative assessment location and alternative assessment criterion (clauses 57 and 62). 

A major urban area generally includes towns and cities with a population of more than 7,000 (subject to the specific requirements of the definition in the Regulations). Rural areas are all land in Victoria that are not within a major urban area. The major urban area boundaries are available on EPA’s website.

The base noise limits, which are the lowest decibel values that can be set as the noise limits for the corresponding operating time period, are set out in regulation 118(2). The base noise limits are lower in rural areas than in major urban areas, reflecting the lower ambient sound levels in less urbanised areas.

 

The reference values for high traffic noise areas given in clause 26 of the Noise Protocol do not represent an assessment of what levels of traffic noise are appropriate and are not targets for traffic noise management.

• for telecommunications
• to transmit or distribute gas or oil
• to transmit, distribute or store power, including battery storage
• to collect, treat, transmit, store, or distribute water
• to collect, treat, or dispose of storm or flood water, sewage, or sullage.

 

The Noise Protocol also provides variations for particular open-air activities at mines and quarries where there is significant open-air surface activity (clauses 52 to 55). These variations apply to mines and quarries across Victoria, in major urban areas and rural areas. They must not be applied where the noise limits can be achieved. 

The variations are also relevant to landfill operations; however, the noise limits that apply to landfills are determined using the method for commercial, industrial and trade premises—not the method for earth resources premises.

 

The effective noise level means the level of noise emitted from a commercial, industrial or trade premises and, if appropriate, adjusted to take into account the character and duration of the noise, and the measurement conditions, as determined in accordance with the Noise Protocol.

The adjustments take into account the character of the noise (such as more annoying tones or hammering), where the noise is measured (near reflecting surfaces or indoors), and how long it is emitted in a half-hour period. For example, when there is a prominent tonal character to the noise (such as whining or humming), a +5 decibel ‘penalty’ is applied to the measured noise (see Noise Protocol, clause 83).

The effective noise level is the sum of the measured level and any adjustments that apply. When determined at a noise sensitive area, this is the level that is compared to the noise limits to determine if the noise emitted is unreasonable noise as prescribed in the Regulations. The effective noise level is assessed and compared to the relevant noise limit for each of the day, evening and night periods separately. Only the times when the industry operates, or proposes to operate, are assessed.

Refer to the Noise Protocol for the methods for assessing the noise. EPA publication 1997 Technical guide: Measuring and analysing industry noise and music noise describes how to use the Regulations and Noise Protocol to predict, measure and assess noise from commercial, industrial and trade premises.