The Environment Protection Act 2017 (the Act) and the Environment Protection Regulations 2021 (the Regulations) change the way noise emissions are assessed and managed in Victoria. 

The Act introduces a duties-based framework, with the general environmental duty (GED) at the centre. The GED requires any person engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste to minimise those risks so far as reasonably practicable. Pollution includes the emission of noise.

In addition to the GED, under section 166 of the Act, a person (including businesses, entertainment venues and event organisers and operators and other duty holders) must not emit, or permit the emission of, 'unreasonable noise'. The Act sets out factors that may establish when noise will be unreasonable noise. The Regulations also prescribe what is unreasonable noise from entertainment venues and outdoor entertainment events.

 

EPA guidance does not impose compliance obligations. Guidance is designed to help duty holders understand their obligations under the Environment Protection Act 2017 and subordinate instruments, including by providing examples of approaches to compliance. In doing so, guidance may refer to, restate, or clarify EPA’s approach to statutory obligations in general terms. It does not constitute legal or other professional advice, and should not be relied on as a statement of the law. Because it has broad application, it may contain generalisations that are not applicable to you or your particular circumstances.

You should obtain professional advice or contact EPA if you have specific concerns. EPA has made every reasonable effort to provide current and accurate information, but does not make any guarantees regarding the accuracy, currency or completeness of the information.

Give feedback about this publication online: epa.vic.gov.au/publication-feedback

1. Purpose and scope

Purpose

This guide provides general guidance on how the Act and Regulations apply to noise from entertainment venues and outdoor entertainment events. It is for people who own, operate or manage entertainment venues and outdoor entertainment events that emit noise. 

This guide is also for acoustic consultants and practitioners who assess or provide advice about activities at, and the management of, entertainment venues and outdoor entertainment events.

Scope

This guide covers noise emitted from:
  • indoor entertainment venues 
  • outdoor entertainment venues
  • outdoor entertainment events. 
Music noise from residential premises is not within the scope of this guide. Find out about unreasonable noise from residential premises on EPA’s website.

This guide does not cover other laws and regulations that apply to noise in Victoria, for example, the Public Health and Wellbeing Act 2008, local laws made under the Local Government Act 2020, and Victoria’s planning system. 

 

2. Legislative noise framework

2.1 What is noise?

Section 3.1 of the Act defines noise as including sound (heard) and vibration (felt).

Sound is energy from vibrations in the air or other media (including water, ground or structures) that can be heard. Vibrations can sometimes also be felt. 

Noise can be unwanted in some circumstances, for example when it is unpleasant, loud, or disturbing.

Why is noise an issue

At certain levels or frequencies, noise can pose a risk to the quality of our environment, affect human health, and interfere with the enjoyment of a place. 

Noise from entertainment venues and events can harm the health and wellbeing of neighbours, especially when it interrupts sleep. Excessive noise can cause stress, anxiety and irritability, and reduce the quality of life. Ongoing noise with negative characteristics can seriously impact people’s health.

People commonly report noise impacts associated with:

  • repetitive thumping of bass sounds 
  • tonal noises such as humming, whining and buzzing
  • low-frequency noise.

2.2 Unreasonable noise

Under section 166 of the Act, a person must not emit or permit the emission of unreasonable noise from a place or premises that are not residential premises. This includes unreasonable noise from commercial, industrial and trade premises.

Unreasonable noise means:

  1. noise that is unreasonable having regard to the following
    1. its volume, intensity or duration 
    2. its character
    3. the time, place and other circumstances in which it is emitted
    4. how often it is emitted
    5. any prescribed factors, and  
  2. noise that is prescribed to be unreasonable noise. 

It does not include noise prescribed not to be unreasonable noise.

This definition provides two separate and independent ways of determining if the noise emitted is unreasonable noise:

  • when noise is unreasonable having regard to the factors listed in (a)(i) to (v), or 
  • when noise is prescribed in the Regulations to be unreasonable noise.

This means that even when a person has complied with the provisions for prescribed unreasonable noise under paragraph (b) of the definition, that noise could still be found to be unreasonable under paragraph (a). 

This could be relevant when the noise is emitted from a source that is not well represented by the assessment method in EPA publication 1826 Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues (the Noise Protocol). 

For example, noise from patrons arriving and departing the premises will be assessed by the factors in paragraph (a) of the definition rather than their compliance with the noise limits. Refer to part 4.1 of this guide for further information on regulation 124, the Noise Protocol and detailed noise assessments.  

Under paragraph (a) of the definition, noise can be unreasonable based on any factor or combination of factors in (a)(i) to (v) (not necessarily all of them).

Frequency spectrum is a prescribed factor under regulation 120, for the purposes of paragraph (a)(v) of the definition, however, it does not apply to music noise under Division 4 of Part 5.3 of the Regulations. Instead, the night period noise limits and assessment method in the Noise Protocol apply to music noise in octave bands from 63 Hz to 4000Hz.

The Regulations prescribe when music noise emitted from entertainment venues and outdoor entertainment events will be prescribed unreasonable noise under paragraph (b) of the definition of unreasonable noise.

In most cases, an entertainment venue or outdoor entertainment event will also be a commercial, industrial and trade premises. The Regulations exclude noise from music, voices and crowds (among other sources) from the assessment of noise emitted from commercial, industrial and trade premises. However, the commercial, industrial and trade premises regulations generally apply to plant noise at entertainment venues – such as cool rooms, kitchen exhaust fans and air conditioning units. Refer to Commerce, industry and trade noise guidelines for guidance relevant to these noise sources.

Refer to unreasonable noise guidelines for detailed guidance on unreasonable noise under the Act, including paragraph (a) of the definition. 

2.3. Aggravated noise

Under section 168 of the Act, a person must not emit, or permit to be emitted, noise that is prescribed to be aggravated noise. The Regulations prescribe aggravated noise from entertainment venues and outdoor entertainment events.  

2.4. Noise complaints

For entertainment venues, section 169 of the Act gives powers to police who receive a noise complaint to direct any person apparently in charge of the venue to take action to abate unreasonable noise. The direction takes effect from midnight, or immediately if given after midnight, and remains in force until 8 am. This is intended to address impacts of night-time noise from an entertainment venue that is unreasonably disturbing its neighbours.

2.5. General environmental duty

The GED (section 25 of the Act) is central to Victoria’s environment protection laws. It requires anyone engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste, to minimise those risks so far as reasonably practicable. The GED applies to all persons in Victoria.

Pollution may include the emission of noise. As a result, persons in management and control of entertainment venues and outdoor entertainment events must understand and proactively manage the risks of harm from noise to people and the environment so far as reasonably practicable. For example, this could include implementing suitable and effective controls and systems to minimise noise and its effects so far as reasonably practicable; and using and maintaining those controls and systems.  

It also includes evaluating the ongoing effectiveness of noise controls. For example, by checking the performance of noise control measures when they are installed and over time.

The GED is separate to, and operates independently of, the unreasonable noise provisions of the Act and Regulations. This means that compliance with the unreasonable noise provisions in Part 7.6 of the Act or Part 5.3 of the Regulations will not of itself mean compliance with the GED has been achieved. Comparatively, complying with the GED does not mean that it is impossible for a duty holder to emit unreasonable noise.

For example, music noise from a club may comply with relevant noise limits for prescribed unreasonable noise but may still emit noise that has characteristics that impact a nearby resident’s ability to sleep at a level that could constitute 'harm'. The club operator has a duty under the GED to assess and manage that risk of harm and implement additional controls to reduce the hazardous characteristics of the noise so far as reasonably practicable.  

Refer to EPA publication 1856 Reasonably Practicable for more information about what the term ‘reasonably practicable’ means under the Act and how to demonstrate it.

When the initial risk of harm has been minimised so far as reasonably practicable, the operator then has an ongoing obligation to assess and manage that risk. This should include continual assessment of the risk, such as conducting regular equipment inspections and maintenance, periodic assessment of noise emissions, and taking opportunities for ongoing improvement by upgrading controls over time (such as installing newer noise management technology on the sound system or rig).

Refer to EPA publication 1695 Assessing and controlling risk: A guide for business and EPA’s website for more information on risk management.

Duty holders should also consider the factors in paragraph (a) of the definition of unreasonable noise when conducting risk assessments and planning how to minimise risk so far as reasonably practicable. By appropriately minimising the risk associated with noise emissions duty holders can reduce the likelihood of emitting unreasonable noise. 

See part 2.2 of this guide for further information on the factors in paragraph (a) of the definition of unreasonable noise or refer to unreasonable noise guidelines for detailed guidance on unreasonable noise under the Act.

2.6. Legislation outside of EPA’s noise framework

2.6.1. The Victorian Planning Provisions and agent of change

Under regulation 122, noise from a live music entertainment venue is not prescribed unreasonable noise or aggravated noise, if that venue complies with the provisions for live music entertainment venues set out in the Victorian Planning Provisions and the relevant noise limits that apply to that same venue.
 
The Victorian Planning Provisions also ensure that the primary responsibility for noise attenuation rests with the agent of change.
For further information on the Victorian Planning Provisions for live music entertainment venues and the agent of change refer to the Department of Environment, Land, Water and Planning’s Planning practice note 81: Live music and entertainment noise.
 

3. Music noise from entertainment venues and events in the Regulations

Part 5.3 of the Regulations covers noise. Division 1 requires the prediction, measurement, assessment, or analysis of noise within a noise sensitive area to be conducted in accordance with the Noise Protocol.

Part 5.3, Division 4 of the Regulations applies to noise from entertainment venues and outdoor entertainment events. 

The Regulations establish standards and controls over music noise, which seek to balance the expectations of people living, sleeping and learning in areas around entertainment venues not to be disturbed by unreasonable levels of music noise, with the expectations of people seeking musical entertainment at indoor or outdoor entertainment venues.

Given the cultural importance and enjoyment of music in the community, it is important to understand the difference between music and music noise. 

In the Regulations: 

  • music means any combination of sounds produced by the playing of a musical instrument, by singing, recitation or dancing, or the reproduction of these
  • music noise means music and associated contemporaneous sounds heard in a noise sensitive area.

The key distinction between music and music noise is where it is heard and that music noise includes contemporaneous sounds in addition to the music itself.

People attend entertainment venues to listen to, experience and enjoy music, while music noise heard in people’s homes can interfere with sleep and domestic and recreation activities such as talking, reading, watching television and enjoyment of activities.

Also, the attenuation of sound caused by buildings and obstacles, or over distance, varies with the frequencies (the pitch) of the sound. This physical effect means that the balance of low frequencies (bass) to higher frequencies (often the musical melody) can change what is heard at locations away from the entertainment venue or event. Low frequency sounds are generally more intrusive in noise sensitive areas and can be the difference between music noise being unreasonable noise or not. 

The Regulations apply to music noise from entertainment venues and events. They differ for:

  • indoor entertainment venues
  • outdoor entertainment venues
  • outdoor entertainment events.
 

4. Music noise from indoor entertainment venues

The Regulations for music noise from indoor entertainment venues

Part 5.3, Division 4, Subdivision 2 of the Regulations applies to music noise from indoor entertainment venues.

An indoor entertainment venue is defined in the Regulations as ‘any premises (other than residential premises or an outdoor entertainment venue) where music is played and includes a live music entertainment venue, hotel, tavern, cabaret, night club, discotheque, reception centre, skating rink, restaurant, cafe, health and fitness centre, recording and rehearsal studio, theatre, amusement park, amusement parlour, retail store, shop, public hall and club’.

4.1. Unreasonable noise from indoor entertainment venues

Under the Regulations (regulation 125), noise is unreasonable for the purposes of paragraph (b) of the definition of unreasonable noise if:
  • it is emitted from an indoor entertainment venue; and
  • the effective noise level exceeds:
    • the noise limit that applies at the time the noise is emitted (day and evening period or night period) (regulation 125(1)(a)); or
    • the alternative assessment criterion that applies at the time the noise is emitted if the assessment is conducted at an alternative assessment location as specified in the Noise Protocol (regulation 125(1)(b); and
  • the noise doesn't comply with regulation 122 of the Regulations (see part 2.6 of this guide ).
The base noise limits for the night period per frequency are set out in regulation 125(2)(b). It is important to note that, even when the effective noise level meets the noise limit, 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. 

4.1.1. Sources of noise that must or must not be taken into account

Under regulation 124, the following noise sources must be taken into account when assessing if noise emitted from an indoor entertainment venue is prescribed unreasonable noise under the Regulations:
  • noise from human voices and activities within the entertainment venue that are associated with the music sources
  • in the case of a place of worship, the performance or playing of music that is not related to recognised religious observance. 
This may include noise from patrons singing along with the music, audience applause and the voice of a disc jockey (DJ). However, noise from patrons that is not associated with the music is not included in the assessment. of unreasonable noise under the Regulations.
 
In places of worship, noise from the performance or playing of music that is not related to recognised religious observance, such as band practice, fundraising functions (for example, fetes) and when the venue is hired out for private functions, must be taken into account when noise from the venue is assessed. However, noise from recognised religious observance, such as music during church services (for example, hymns) or bell ringing should not be included in the assessment of unreasonable noise under the Regulations. 
 
Noise associated with people arriving at or leaving the indoor entertainment venue must not be taken into account when noise emitted from the venue is assessed. 
Noise from sources at indoor entertainment venues that are not assessed under the Regulations may still be unreasonable noise based on any factor or combination of factors in paragraph (a)(i) to (v) of the definition of unreasonable noise. 
 

4.1.2. Operating times

No time restrictions are set on the operation of indoor entertainment venues. Instead, stricter noise limits apply during the night period than in the day and evening period. 

Regulation 123 sets out operating time periods for when music noise can be emitted from indoor entertainment venues. The times for the day and evening period and the night period vary on different days of the week, as shown in Table 1. The night period commences earlier on Sundays and public holidays, providing a greater degree of protection for sleep within the surrounding community. 

 
Table 1: Operating time periods for indoor entertainment venues
Days of the week Day and evening period Night period
Monday to Saturday 
(other than a public holiday) 
 
7 am to 11 pm Monday to Friday 
(other than a public holiday or a day preceding a public holiday)
 
11 pm to 7 am the following day
Sunday or public holiday
(other than if either precedes a public holiday)
 

9 am to 10 pm Saturday or any day preceding a public holiday

10 pm to 7 am the following day
Sunday or public holiday 
(if either precedes a public holiday)
 
9 am to 11 pm Sunday or a public holiday (if neither precedes a public holiday) 11 pm to 9 am the following day 

4.1.3. Effective noise level and noise limit

Noise limits

Limits for music noise 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.

The noise limits are associated with the background noise level and are set using the methods in the Noise Protocol. The Noise Protocol must be read in conjunction with the Regulations. During the day and evening period noise limits are set to allow activities such as talking, reading, and watching television to occur without undue interference. During the night period, more stringent noise limits are set for indoor entertainment venues so that sleep is not disturbed. The assessment of noise for the night period considers the more intrusive frequencies of the music noise. The noise limits are based on the level of music noise above the background noise.

Background noise

Background noise is measured in the absence of music from the indoor entertainment venue and is represented by the measured LA90 or LOCT90 values. Music noise is considered more intrusive and disturbing when it exceeds the background noise by a greater margin. The methods for measuring background noise are described in the Noise Protocol. Further guidance can be found in EPA publication 1997 Technical guide: Measuring and analysing industry noise and music noise.

When background levels are unusually low, the base noise limits in regulation 125(2) apply. The base noise limits are the lowest decibel values that can be set for the corresponding operating time period.

Effective noise level

Music noise from an indoor entertainment venue is assessed as an effective noise level. It is usually measured within a noise sensitive area but can also be measured at an alternative assessment location (see Assessing noise at an alternative location below). 

The effective noise level is compared to the applicable noise limit for the noise sensitive area during the corresponding operating time period (day and evening period or night period). The music noise is prescribed unreasonable noise if the effective noise level exceeds the noise limit.

If two or more indoor entertainment venues contribute to the effective noise level in a noise sensitive area, the noise limit that applies to each venue must be determined in accordance with the Noise Protocol (regulation 126). 

The metrics for the effective noise levels and the noise limits are shown in Table 2. 

 
Table 2: Noise metric for limits and effective noise levels for indoor entertainment venues
Operating time period Noise limit Effective noise level
Day and evening
 
LA90 + 5 dB
LAeq
Night

LOCT90 + 8 dB

LOCT10

The Noise Protocol describes the noise measurement descriptors LA90, LAeq, LOCT90 and LOCT10.

Predicting, measuring and assessing music 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 music noise from indoor entertainment venues.

Assessing noise at an alternative location

The Regulations also enable the assessment of noise at a location other than a noise sensitive area in accordance with the Noise Protocol. This is referred to as an alternative assessment location

When the assessment is conducted at an alternative assessment location, the effective noise level is compared with the alternative assessment criterion to determine compliance with the Regulations. These criteria use the same metrics as the noise limits for the corresponding operating period and must be set in accordance with the Noise Protocol.

Where two or more indoor entertainment venues contribute to the effective noise level of the music noise in a noise sensitive area, the alternative assessment criterion can be used to assess whether each venue, when combined, complies with the noise limit. 

4.2. Aggravated noise from indoor entertainment venues

Under section 168 of the Act, a person must not emit, or permit the emission of, noise that is prescribed to be aggravated noise. Aggravated noise is measured using the same method as the effective noise level.
 
Noise emitted from an indoor entertainment venue is prescribed under regulation 127 to be aggravated noise if the effective noise level exceeds the noise limit by 15 dB during the day and evening period, or by 20 dB during the night period. 
 

5. Music noise from outdoor entertainment venues and events

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.
Despite the above, music noise emitted from a live music entertainment venue is not unreasonable noise if it complies with regulation 122 (see part 2.6 of this guide).

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. 

Table 3: Noise limit for music from an outdoor entertainment venue or event during standard operating hours
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.

Table 4: Standard operating hours for outdoor entertainment venues and events
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. 
 
For an outdoor entertainment venue or an outdoor entertainment event, the noise emitted is prescribed to be aggravated noise if the effective noise level exceeds 80 dB(A), assessed as an LAeq of 15 cumulative minutes at any measurement point in a noise sensitive area at any time (regulation 131).

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Glossary of terms

Terms defined in the Environment Protection Act 2017 and the Environment Protection Regulations 2021.
Terms References
aggravated noise Act section 168, regulations 121, 127 and 131
alternative assessment criterion regulation 4
alternative assessment criterion regulation 4
concert regulation 4
day and evening period regulation 123
effective noise level regulation 4
frequency regulation 4
frequency spectrum regulation 4
general environmental duty (GED) Act section 25
harm Act section 4
indoor entertainment venue regulation 4
 live music entertainment venue  regulation 4
 music  regulation 4
 music noise  regulation 4
night period regulation 123 (music noise from indoor entertainment venues)
noise Act section 3(1)
noise limit regulation 4
Noise Protocol regulation 4
noise sensitive area regulation 4
operating time periods regulation 123 (music noise from indoor entertainment venues)
pollution Act section 3(1)
residential premises Act section 165
rural area regulation 4
 standard operating hours regulation 128 (outdoor entertainment venue)
regulation 129 (outdoor entertainment event)
 
unreasonable noise Act section 3(1)