6.1. Not all noise is 'unreasonable noise'

Many activities in our everyday lives create noise. It is not always possible to avoid noise affecting people as some noise is normal or may even be unavoidable. However, it is important to be aware of your responsibility to prevent the emission of unreasonable noise under the Act. This applies even when the general environmental duty (GED has been met.

When we assess whether reported noise is unreasonable, the EPA may consider factors such as unreasonable noise under paragraph (a) of the definition of unreasonable noise and any noise limits that apply.

If EPA determines that the noise is unreasonable, we will then take enforcement response in accordance with our Compliance and Enforcement Policy. 

In determining the appropriate enforcement response, the EPA take an escalating approach and consider the nature and seriousness of the non-compliance, the risk of harm that has arisen from the non-compliance, the characteristics of the person engaging in the activity, and other relevant criteria and factors (for example, public interest).

In the regulations, certain types of noise may be prescribed as not being unreasonable.

6.2. Factors that determine if noise is unreasonable noise

Create a noise pollution report

The Act states the factors we must consider when determining if noise is unreasonable (other than for prescribed unreasonable noise). This is set out in section 3(1)(a)(i) to (v) of the definition of unreasonable noise in the Act.

Factors include: volume, intensity, duration, character, time and place, and how often it occurs.

Volume

Volume refers to how far the noise spreads throughout the affected location, both indoors and outdoors.

High volume noise can travel throughout a building or a neighbourhood. Having nowhere to escape from the noise increases its impact on people. The noise does not need to be loud in all surrounding areas to be unreasonable. Volume considers the presence of noise throughout the affected location.

Intensity

Intensity refers to how loud the noise is.

More intense noise can be intrusive, can disturb sleep and interfere with hearing, such as listening to music, the television and having a conversation.

Intensity can also relate to the emergence of an intrusive noise over background sounds. When background noise levels are higher, a noise will need to be more intense to intrude over background sounds.

Lower intensity noise may not rise above other sounds in an environment and is unlikely to be considered unreasonable unless the noise also has other factors.

Duration

Duration refers to how long the noise continues.

The duration of noise can be a problem when it continues for long periods (for example, hours at a time) without breaks to provide rest and respite from the noise.

Short bursts of noise may not be considered unreasonable especially if the noise is not intense and/or is not emitted often.

Character

Character is an objective description of what the noise sounds like. For example, the character of the noise can be considered:

• tonal - if it can be described as squealing, whining, humming, droning or throbbing
• intermittent - if it suddenly becomes noticeably louder and maintains the louder level for at least one minute
• impulsive - if it has a sudden burst of sound that can be described as banging, hammering or thudding
• a rattle - if it has a rapid succession of short, sharp sounds, usually from something shaking or vibrating.

Noise with an unpleasant character is likely to be more disturbing than noise of the same intensity without that character. Some activities create noise with less intrusive characteristics which is less likely to be considered unreasonable.

The time, place and other circumstances in which noise is emitted

Time refers to when the noise occurs.

Noise at night and in the early morning can disturb sleep whereas that same noise during the day may not be unreasonable. Limiting times of operation of noisy equipment, vehicles, and operations to when they will be less disturbing is an effective way of reducing noise and vibration impacts and is less likely to trigger a finding of unreasonable noise.

Place refers to whether the noise would be expected to be heard within the context of nearby activities. For example, noise from some commercial activities, such as deliveries to shops, could reasonably be expected to be heard near a shopping centre. However, the business owner should also consider the time that truck deliveries occur and schedule deliveries to times that are less disturbing, so far as reasonably practicable.

Place can also refer to the land use zone of the location of the noise source in a planning scheme. For example, planning authorities may designate an area as an Industrial 1 Zone. As the types of activities permitted in an Industrial 1 Zone are expected to produce certain types of noise not common in non-industrial zones, a person may expect to receive more or less noise pollution, relative to their proximity to that industrial zone.

Other circumstances include consideration of other things that were occurring at the time of the noise emission. It may include the reason why the noise was emitted. For example, noise emitted in an emergency situation can be necessary to alert people to a hazard. Exactly what may be considered an ‘other circumstance’ may change from case to case and is therefore difficult to list exhaustively.

How often the noise is emitted

This factor refers to how often the noise recurs.

Noise occurring frequently can be a problem, particularly when it happens for multiple days.

Noise that recurs infrequently is less likely to be deemed unreasonable, especially if it is of short duration. 

Any prescribed factors

Regulation 120 prescribes frequency spectrum as a prescribed factor for the purposes of paragraph(a)(v). This prescribed factor applies only to noise from commercial, industrial and trade premises.

Frequency spectrum means 'the distribution of the energy or the magnitude of a sound across each frequency component'. Frequency is defined in the Regulations as ‘the property of sound that measures the rate of repetition of the sound wave, in Hertz (Hz) or cycles per second’.

EPA publication 1996 Noise guideline: assessing low frequency noisecan be used to determine whether the emission of low frequency noise from commercial, industrial and trade premises is unreasonable noise based on the frequency spectrum. It provides threshold levels and a method for assessing low frequency noise. The threshold levels are not noise limits.

Consider how factors work together

Noise can be unreasonable based on any factor or combination of factors. However, when assessing any one factor, EPA will balance consideration in the context of the other factors. A noise may have high volume and intensity, but short duration, and/or may not be emitted often, or there may be other circumstances that mean that the emission of noise at the volume and intensity was unavoidable.

For example:

• A high-pitched tonal droning noise that can be heard within the living room and bedrooms of a home may be unreasonable noise because of what the noise sounds like (its character) and because it spreads widely throughout a house or a neighborhood (its volume). However, in other circumstances, a high-pitched tonal droning noise from alarms sounding during an emergency may be necessary and unlikely to be considered unreasonable noise (other circumstance).
• A crashing sound from dropping metal may be so loud (its intensity) that it disturbs sleep. If this happens rarely, the noise may not be unreasonable noise (how often it is emitted). But if the crashing noise is emitted frequently, such as a few times each night, and it disturbs sleep, it may be unreasonable noise.

Case study 1 in part 7 of this guide provides an example of using the factors in paragraph (a) of the definition of unreasonable noise.

EPA Victoria published guidance may also be used to inform an assessment of unreasonable noise (see part 8 for further resources including guidance).

If EPA determines a person or business has emitted or permitted the emission of unreasonable noise, EPA may investigate, provide advice or take compliance and enforcement action (for example, issue a remedial notice under the Act) to resolve the contravention. EPA acts in accordance with its Compliance and Enforcement Policy.

Find out more about EPAs:

• Regulatory approach.
• Compliance and Enforcement Policy.

6.3. Environment Protection Regulations 2021

As discussed in section 3.3 of this guide, the Regulations prescribe what is unreasonable noise for the purposes of paragraph (b) of the definition of unreasonable noise in section 3(1) of the Act from:

• commercial, industrial and trade premises (regulation 118(1))
• indoor entertainment venues (regulation 125(1))
• outdoor entertainment venues and events (regulation 130).

This is intended to provide greater certainty to duty holders and the community and creates a second pathway for determining if noise from the above sources is unreasonable for the purposes of section 166 of the Act. Under Division 3 of Part 5.3 of the Regulations:

• noise from commercial, industrial and trade premises (other than noise from sources listed in regulation 117) is unreasonable noise if the effective noise level exceeds:
• the noise limit that applies at the time the noise is emitted, 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 in accordance with the Noise Protocol.

For further information on how prescribed unreasonable noise applies to commercial, industrial and trade premises, see Commerce industry and trade noise guidelines.

Under Division 4 of Part 5.3 of the Regulations:

• music noise from indoor entertainment venues is unreasonable noise if the effective noise level exceeds:
  • the noise limit that applies at the time the noise is emitted, 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

  but this does not include music noise emitted if the entertainment venue complies with the live music entertainment venues provisions set out in clause 53.06 of the Victorian Planning Provisions and the noise limit that applies to that venue (regulation 122).

• music noise from outdoor entertainment venues or outdoor entertainment events is unreasonable noise if:
  • the effective noise level exceeds the noise limit that applies to that venue or event at the time the noise is emitted, or
  • the effective noise level exceeds 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, or
  • the music noise is audible within a noise sensitive area outside the times in any relevant permit issued by EPA or, if there is no permit, outside the relevant standard operating hours in the Regulations, or
  • the music noise from a concert is emitted without a permit issued by EPA that is required for the venue or event

but does not include music noise emitted if the live music entertainment venue complies with the live music entertainment venues provisions set out in the Victorian Planning Provisions and the noise limit that applies to that venue (regulation 122).

For further information about how unreasonable noise applies to entertainment venues and events, see Entertainment venue and outdoor event music noise guidelines.

The Regulations do not prescribe what is unreasonable noise for construction and demolition sites, transport infrastructure or other sources of noise listed in regulation 117. Those sources must comply with section 166 of the Act by reference to paragraph (a) of the definition of unreasonable noise and the GED.

For further information on how industries including construction and demolition, agriculture, manufacturing, mining and quarrying, retail, waste and recycling and wind energy facilities can meet their obligations under the framework, see part 8 of this guide.

6.4. The noise protocol

The Noise Protocol is incorporated into the Regulations. This means its content is considered to form part of the Regulations.

The Noise Protocol sets out how to conduct the following noise-related assessments to determine unreasonable noise from commercial, industrial and trade premises (regulation 118), indoor entertainment venues (regulation 125) and outdoor entertainment venues and events (regulation 130):

• noise limits
• background levels
• alternative assessment criterion at an alternative assessment location
• effective noise levels.

The noise limits are not intended to be levels a person can ‘pollute up to’ and must not be interpreted as noise levels below which no action is required. This is because that noise may still be unreasonable having regard to the factors in paragraph (a) of the definition of unreasonable noise and the duty holder is required under the GED to minimise risks of harm to human health and the environment so far as reasonably practicable.

When is a noise-related assessment under the Regulations and Noise Protocol encouraged?

When the source of noise emissions is complex, duty holders are encouraged to engage a suitably qualified and experienced acoustic engineer or consultant to conduct a detailed assessment.

This will assist the duty holder to understand the noise being emitted and ways to minimise any potential impact it may have. Detailed assessments can be necessary to assess compliance with the noise limits:

• during the design of new facilities or an extension to existing premises
• when a premises has many different noise sources, and the controls are complicated, requiring specific detailed design to ensure the risks are minimised and the noise limits are not exceeded
• when multiple commercial, industrial and trade premises emit, or are likely to emit noise that contributes to the effective noise level (cumulative noise), and each of the premises needs to take reasonable steps to ensure the combined contribution from all the premises does not exceed the noise limits (see regulation 119).

Detailed noise assessments can also assist a duty holder wanting to understand what controls are appropriate to minimise the risk of harm so far as reasonably practicable. In addition to the quantitative noise limits, duty holders should also request consultants to consider the qualitative factors under paragraph (a) of the definition of unreasonable noise and controls that can be implemented to meet the GED.

Case study 3 in part 7 of this guide provides an example of addressing unreasonable noise prescribed in the Regulations by conducting a detailed noise assessment.

A detailed noise assessment to assess compliance with noise limits may not be necessary when a source is very common and well understood, with risks known to be controllable using certain techniques or technologies. Case studies 1 and 2 in part 7 of this guide provide examples of controlling noise without conducting a detailed assessment using the Regulations.