2. EPA permit requirements

2.1. Overview of permit requirements for outdoor entertainment venues and events

A permit can cover multiple operations or concerts (see Part 3.2 of this guideline).

You can download the flow chart describing the permit requirements for outdoor entertainment venue and events:

permit requirements for outdoor entertainment venue and events (PDF, 52KB)
permit requirements for outdoor entertainment venue and events (DOCX, 112KB)

2.2. EPA permits for outdoor entertainment venues

An EPA permit is required for musical entertainment at an outdoor entertainment venue where:

an activity is proposed to occur outside standard operating hours
an activity is proposed to have extended hours of operation
an activity would lead to more than six concerts at the same location in a financial year.

Operation outside standard hours

Regulation 128 requires an EPA L05 permit for an operation at an outdoor entertainment venue that will occur outside the standard operating hours, which are 12 noon until 11 pm on any single day.

Extended operation

Regulation 128 also requires an EPA L05 permit if an operation will occur for a period of more than 8 hours.

Extra concerts

An EPA L06 permit is required where the duty holder intends to conduct more than six concerts at the venue in a financial year (item 77, Schedule 1 of the Regulations), (e.g., for the 7^th concert).

2.3. EPA permits for outdoor entertainment events

An EPA permit is required for musical entertainment at an outdoor entertainment event where:

an operation will occur outside the standard operating hours. The standard operating hours are defined as:
- Monday to Saturday (other than a public holiday), from 7 am to 11 pm and
- Sunday or a public holiday, from 9 am to 11 pm
a concert will be held during the following hours:
- Monday to Saturday, from 7 am to 12 noon
- Sunday or a public holiday, from 9 am to 12 noon
a concert will be engaged in for a period of more than 8 hours.

Operation outside standard hours

Regulation 129 requires an EPA L05 permit for an operation at an outdoor entertainment event that will occur outside the standard operating hours.

Extended operation

Regulation 129 also requires an EPA L05 permit if an operation occurs for a period of more than 8 hours.

Extra concerts

An EPA L06 permit is required where the duty holder intends to conduct a concert at a location where six concerts have already been held in a financial year (item 77, Schedule 1 of the Regulations).

2.4. Case studies

Case study 1:

Alicia is organising a community festival to celebrate the arts. The festival will run for 10 days with musical programming on six days.

The musical programs run on each of the seven days for a period of four hours (6pm-11pm). The festival was previously held indoors; however, Alicia has found an outdoor venue where she will build a single stage and will be designed to accommodate 850 people (4 sqm rule) or 1700 people (2 sqm rule). The outdoor venue is situated in a local park within a predominantly industrial area and has few nearby residences.

Alicia has complied a Noise Management Plan which outlines the dates and times of musical performances, along with a map detailing stage and sound system locations/directions. The map also outlines where the closes Noise Sensitive Areas (residences) are which will be impacted and outlines a strategy for a noise complaints hotline and flyers which will be provided to these residences.

Alicia reviews the EPA website and requirements for a permit. As the festival has music programming for over six concerts, Alicia is required to apply for an L06 permit (Conducting more than six outdoor concerts).

Alicia applies for the permit via EPA’s online portal. She provides details of the event (location, duration, and dates) as well as providing the Noise Management Plan for review.

Alicia notes that all events fall within the permitted hours, but acknowledges that as there are over six concerts, a permit will be required.

Case study 2:

Rish is holding an event over two days for 1500 people, 150kms outside of Melbourne. The event is proposed to be held in six months time and will have musical performances from 12pm-8pm on each day.

Not just limited to music, there will also be art installations, a variety of food trucks, and a licensed bar.

Rish reviews the permitting requirements for outdoor entertainment events under the Environment Protection Regulations 2021.

She notes that the Regulations state that standard operating hours are from 12 noon until 11 p.m. on any day, and that a permit is required for concerts over 8 hours.

As the two day event is within the standard operating hours, and do not exceed 8 hours; and because the event does not exceed six concerts at this location in a financial year, Rish is not required to obtain a permit from the EPA.

2.5. Sound checks

Sound checks are completed prior to a concert by a sound engineer. Sound checks for a concert do not require a permit from EPA. The intention of a sound check is to test the sound system and the level of music noise that will be emitted from the concert. These should be as short as possible, but long enough to test the sound system and allow measurement of music noise at the nearest noise sensitive area to confirm settings are suitable to not exceed noise limits.

Sound checks are not a replacement for ongoing noise monitoring required under the permit for the event. Sound checks can be completed outside the standard operating hours or outside of the 8-hour limit. Ideally, they should be completed at the same time of the day as the proposed concert. Scheduling and conducting sound checks requires due consideration of the risk of impact to noise sensitive areas.