The Regulations for music noise from outdoor entertainment venues and events
Part 5.3, Division 4, Subdivision 3 of the Regulations applies to music noise from outdoor entertainment venues and outdoor entertainment events:
- Outdoor entertainment venue means any premises (other than residential premises) where music is played in the open air and which cannot feasibly be enclosed and sound-proofed because of its size.
- Outdoor entertainment venues include sports and other large outdoor arenas and major sports and recreation facilities having substantial provision for spectators, and privately owned land used for playing music in the open air.
- Outdoor entertainment event means an event where music is played and is held on public land including a road reservation, public open space, park, foreshore reserve or land of a similar nature. It also includes an event held on that land in a temporary building or structure, such as a marquee, tent or temporary soundstage, that is not a permanent fixture of the land and is erected for the purposes of the event.
- An operation is an activity that emits music noise from an outdoor entertainment venue or outdoor entertainment event over a 24-hour period
- Concert means an operation at an outdoor entertainment venue or an outdoor entertainment event if the effective noise level exceeds 55 dB(A) (or 45 dB(A) if measured indoors) assessed as an LAeq of 15 cumulative minutes at any measurement point in a noise sensitive area at least once during a 24-hour period.
Noise from outdoor entertainment venues and events is managed using a combination of measures including noise limits, standard operating hours, and permits issued by EPA under the Act.
Concerts are louder operations that are generally controlled through permits, subject to when the concert is held. The controls recognise that containment of noise is more difficult at an open-air venue.
5.1. Unreasonable noise from outdoor entertainment venues and events
Under the Regulations (regulation 130), music noise emitted from an outdoor entertainment venue or outdoor entertainment event is prescribed unreasonable noise if:- the effective noise level of the music noise exceeds:
- the noise limit that applies to that venue or event at the time the noise is emitted when assessed in a noise sensitive area using the method in the Noise Protocol, or
- the alternative assessment criterion that applies at the time the noise is emitted if the assessment of the effective noise level is conducted at an alternative assessment location as specified in the Noise Protocol
- the music noise is audible within a noise sensitive area outside the hours set out in a permit, or, where there is no permit, outside the standard operating hours set out in regulation 128(2) for outdoor entertainment venues and regulation 129(2) for outdoor entertainment events
- the music noise is from a concert without an EPA permit that is required for the venue or event.
As is the case for indoor entertainment venues, even when the above doesn't apply, noise can still be unreasonable under paragraph (a) of the definition of unreasonable noise having regard to the factors in that paragraph. Refer to unreasonable noise guidelines for detailed guidance on those factors.
5.1.1. Effective noise level and noise limits
As set out above, music noise emitted from an outdoor entertainment venue or outdoor entertainment event will be considered unreasonable noise if the effective noise level of the music noise exceeds the applicable noise limit.The noise limit for music noise from an outdoor entertainment venue or event during the standard operating hours as set out in clause 91 of the Noise Protocol is shown in Table 3.
| Measurement point location | Noise limit | |
|---|---|---|
| Outdoors, within a noise sensitive area1 |
65dB(A) | |
| Indoors, in a sensitive room within a noise sensitive area1 | 55dB(A) |
1 Indoor measurements may only be made in some circumstances; refer to the Noise Protocol clauses 106(b) and 106(c).
The noise limit for music noise from an outdoor entertainment venue or event is set to protect normal conversation during standard operating hours. That is, people in a residential area, or other noise sensitive area, should be able to conduct a normal conversation without raising the level of their voices.
Sleep and activities other than conversation at noise sensitive areas would be affected by music noise that is within the noise limit. Therefore, operations outside standard operating hours are restricted.
Docklands noise attenuation area
The noise limit for music noise from an outdoor entertainment venue or event as set out in clause 91 of the Noise Protocol (see Table 3) does not apply to music noise from an outdoor entertainment venue or event where both the venue and the noise sensitive area where it is assessed are within the Docklands noise attenuation area.
In those circumstances, when the measurement point is located indoors, a minimum standard of 45 dB(A) is taken to be the relevant noise limit (clause 93, Noise Protocol).
The Melbourne Planning Scheme includes requirements for new or refurbished residential developments in the Docklands noise attenuation area. This includes appropriate acoustic measures to attenuate music noise to achieve a minimum standard of 45 dB(A) inside any sensitive room with windows and external doors closed (clause 94, Noise Protocol).
To assess unreasonable noise from outdoor entertainment venues located within the Docklands noise attenuation area, a sensitive room is defined in the Noise Protocol as:
- any room of a dwelling or residential building, other than a bathroom, laundry, toilet, pantry, walk-in robe, corridor, stairs, lobby, photographic darkroom, clothes drying room and other spaces of specialised nature occupied neither frequently nor for extended periods, and
- any learning room within a kindergarten, child care centre, primary or secondary school.
5.1.2. Standard operating hours
Music noise emitted from an outdoor entertainment venue or event is prescribed to be unreasonable if it is audible within a noise sensitive area outside the standard operating hours or outside any times set out in a permit.Time restrictions are placed on music noise being emitted from outdoor entertainment venues (regulation 128) and outdoor entertainment events (regulation 129) to ensure it does not cause intrusion during sleeping hours. Standard operating hours are shown in Table 4.
| Type of operation | Standard operating hours | |
|---|---|---|
| Outdoor entertainment venue |
Any day 12 noon to 11 pm | |
| Outdoor entertainment event |
Monday to Saturday (other than a public holiday) 7 am to 11 pm Sunday or a public holiday 9 am to 11 pm |
To emit music noise outside standard operating hours, outdoor entertainment venue or event outside standard operating hours must hold an EPA issued permit for that activity.
5.1.3. Number of concerts held in a year
Concerts are operations with higher noise levels at outdoor entertainment venues and outdoor entertainment events. To control the impact on people in noise sensitive areas, the number of concerts that can be held at the same venue or location is regulated.
Only six concerts may be held in any financial year without requiring a permit from EPA. However, quiet musical entertainment at an outdoor entertainment venue or event that does not have an effective noise level above 55 dB(A) (assessed as an LAeq of 15 cumulative minutes at any measurement point in a noise sensitive area at least once during a 24-hour period) is not designated as a concert in the Regulations. While there are no restrictions on the number of these quiet musical events, they must operate within the standard operating hours and be less than 8 hours in length, unless they have a permit.
5.1.4. Permits
The operation of an outdoor entertainment venue or outdoor entertainment event may require a permit from EPA.
Permits for outdoor entertainment venues
A permit from EPA is required for an operation at an outdoor entertainment venue for any of the following circumstances:
- an operation that will occur outside the standard operating hours (regulation 128(1)(a), (2))
- an operation that will have a period of more than 8 hours (regulation 128(1)(b))
- it is intended to conduct more than six concerts in a financial year (regulation 16(3), Schedule 1 item 77).
When a permit is issued for operations outside standard operating hours, the permit may impose conditions on the operations during the extended hours.
A single permit may be issued to an outdoor entertainment venue for multiple operations or concerts. In this case EPA may impose additional conditions to ensure the operator complies with their obligations over the life of the permit.
For more information on permits for outdoor entertainment venues refer to publication 2025 Permit application requirements for outdoor entertainment venues and events and EPA’s website.
Permits for outdoor entertainment events
A permit from EPA is required for an outdoor entertainment event for any of the following circumstances:- an operation that will occur outside the standard operating hours (regulation 129(1)(a), (2))
- a concert held during the hours specified in regulation 129(1)(b)
- a concert engaged in for a period of more than 8 hours (regulation 129(1)(c))
- conducting a concert at a location where six concerts have already been held in a financial year (regulation 16(3), Schedule 1 item 77).
When a permit is issued for an event for operations outside standard operating hours, the permit may impose conditions for operations during the extended hours.
A single permit may be issued for an outdoor entertainment event for multiple operations or concerts held at the same location. In this case EPA may impose additional conditions to ensure the operator complies with their obligations over the life of the permit. EPA requires individual permit applications for each event when the events are held at different locations, including if the events are organised by the same person or business.
For more information on permits for outdoor entertainment venues refer to publication 2025 Permit application requirements for outdoor entertainment venues and events and EPA’s website.
5.2. Aggravated noise from outdoor entertainment venues and events
Under section 168 of the Act, a person must not emit, or permit the emission of, noise that is prescribed to be aggravated noise.Accessibility
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Reviewed 18 June 2024
