Division 5 of Part 5.3 of the Regulations set out the following key requirements related to the operation of a WEF. 

r.131A

Enables owners and operators of WEFs to enter into written agreements with landowners about the noise limits in relation to noise emissions to the landowners' premises with which the wind turbine noise must comply (wind turbine noise agreement).

r.131B

Sets the relevant noise standard (either the 2010 Standard for WEFs authorised from 1 January 2011, or the 1998 Standard for WEFs authorised before 1 January 2011 (“1998 Standard WEF”)). An authorising document²  may set out conditions that modify or replace the 1998 Standard or the 2010 Standard as the relevant noise standard.

r.131BA

Sets the noise limits for WEFs to be the limit determined in accordance with the relevant noise standard, or for WEFs that have entered into wind turbine noise agreements with relevant landowners, the noise limit in relation to noise emissions to the premises of the relevant landowner to be that set out in the agreement (if made before 1 August 2021), or the higher of 45 dB(A) or background sound level + 5 dB (for agreements made on or after 1 August 2021). This regulation also allows a 1998 Standard WEF to address extraneous noise in accordance with the 2010 Standard (by applying the procedures that relate to extraneous noise in section 7.2 of the 2010 Standard).

r.131BB

Enables alternative monitoring points to be determined by a suitably qualified and experienced acoustician. An alternative monitoring point may be used: if an on-site monitoring point is not readily accessible; or, to take measurements with less influence from extraneous noise and closer to the turbine.  An alternative monitoring point may not be used for a post-construction noise assessment under r.131D. For more information on when and where alternative monitoring points can be used, visit Noise management plan.

r.131BC

Requires that a WEF operator must ensure that an alternative monitoring point criterion for an alternative monitoring point is determined by a suitably qualified and experienced acoustician. In determining the alternative monitoring point criterion, the acoustician must be of the opinion that an assessment of wind turbine noise against the criterion at the alternative monitoring point accurately represents an assessment of wind turbine noise against the noise limit at the monitoring point, having regard to environmental and other factors that differ between the alternative monitoring point and monitoring point.  This regulation also allows a 1998 Standard WEF to address extraneous noise in accordance with the 2010 Standard when determining an alternative monitoring point criterion (by applying the procedures that relate to extraneous noise in section 7.2 of the 2010 Standard).

r.131C

Requires that WEF operators manage and review the wind turbine noise in accordance with the Regulations, in order to comply with the general environmental duty under the Act (s.25). For further information on how the general environmental duty relates to wind turbine noise from WEFs,  visit, The general environmental duty and unreasonable noise. 

r.131CA

Requires a WEF operator to ensure compliance with the noise limit or the alternative monitoring point criterion, if an alternative monitoring point is used, in order to comply with the general environmental duty under the Act (s.25). This regulation also enables a 1998 Standard WEF to address extraneous noise in accordance with the 2010 Standard when assessing compliance (by applying the procedures that relate to extraneous noise in section 7.2 of the 2010 Standard).

r.131D

For WEFs that commence operation on or after 1 November 2021 this regulation requires a post-construction noise assessment to be conducted within 12 months of operations commencing by a suitably qualified and experienced acoustician and in accordance with the 2010 Standard.  This assessment must demonstrate whether or not the WEF complies with the noise limit, and the report must be verified by an environmental auditor. For staged commencement, the requirement must be complied with within 12 months of each stage being completed. (Note: r131BB(1) excludes alternative monitoring points from being used in a post-construction noise assessment). For more information visit, Post-construction noise assessment.

r.131E

Sets out the requirement for a WEF operator to prepare and implement an NMP for their WEF. It also sets out what must be included in an NMP and that the operator must engage an environmental auditor to prepare a report reviewing the NMP. The operator must provide a copy of the noise management plan and environmental auditor report to EPA upon request. For more information visit, Noise management plan.

r.131F

Requires a WEF operator to provide an annual statement detailing noise complaints, evidence that operating modes have been complied with, details of maintenance activities and noise remediation actions. The statement must also demonstrate whether the wind turbine noise complied with the noise limits or the applicable alternative monitoring point criteria. For more information visit, Annual statement.

r.131G

From 1 January 2024 a WEF operator must engage a suitably qualified and experienced acoustician to undertake monitoring procedures every five years from the start of operation to ensure that the wind turbine noise complies with the noise limits or the applicable alternative monitoring point criteria. The report must be verified by an environmental auditor and submitted to EPA along with the auditor’s review. For more information visit, Five-yearly wind turbine noise monitoring.

r.131H

Prescribes that wind turbine noise is unreasonable noise if it exceeds the noise limit or the applicable alternative monitoring point criterion.
r.131I Provides that a noise limit for a WEF determined before the commencement of the Environment Protection Amendment (Wind Turbine Noise) Regulations 2022, is from commencement, the noise limit for that facility as if that noise limit was determined in accordance with r.131BA.

r.131J

Provides for an extension of time for the annual statement (r.131F) for the 2021-2022 financial year to be provided to EPA by 1 March 2023. Also provides that if a WEF operator provided an annual statement under the Environment Protection Amendment (Interim) Regulations 2021 for the 2021-2022 financial year, the statement for that financial year does not need to be provided again.

Footnotes