Proposed Residential Noise Regulations 2008
UPCOMING NEW REGULATIONS
| Reason for the proposed Regulations | The proposed Regulations remake the Environment Protection (Residential Noise) Regulations 1997, with targeted changes to promote better consistency and environmental performance in construction of residential premises. |
| Governing legislation | Environment Protection (Residential Noise) Regulations 2008 |
| Commencement | 26 October 2008 |
| Businesses impacted | The proposed Regulations apply to noise emitted from residential premises, including land upon which a residence is under construction. Therefore all residents will be impacted by the proposed Regulations, as well as businesses involved in residential construction. |
| Nature of material changes | The proposed Regulations remake the table of items and prohibited times from the 1997 Regulations, with one change to the times allowed for water pumps. If the draft Regulations are made as released for public comment, large-scale apartment construction in non-residential zones will be exempted from the proposed Regulations, providing local governments and industry greater flexibility. With appropriate restrictions, land preparation on large residential subdivisions will be able to start earlier on Saturday mornings. |
| Other useful information | For more information on residential noise please visit: |
EPA has proposed new regulations for residential noise. These web pages give an overview of the consultation and policy outcomes. An information bulletin on the changes is also available.
Noise from residential neighbours is an important environmental issue. Fifteen percent of Victorians said in a recent survey that they were significantly annoyed by residential noise in the previous 12 months.
Under the Environment Protection Act 1970 (EP Act), it is an offence to cause unreasonable noise from any residential premises, including premises under construction. Residential noise may be unreasonable at any time of the day, depending on its volume, intensity and duration and the time, place and other circumstances in which it is emitted.
To help clarify what is unreasonable noise, the Environment Protection (Residential Noise) Regulations 1997 (1997 Regulations) list specific types of equipment and times when their use is prohibited, if they can be heard from another residence. The 1997 Regulations can be viewed here: Residential Noise – prohibited times for noise
The 1997 Regulations are due to expire in October 2008. EPA reviewed the need for regulations and considered what improvements could be made. This review has included extensive consultation and analysis of how residential noise is managed in Victoria.
Consultation has shown that community concerns with noise are primarily associated with understanding, investigation and resolution of noise issues. EPA will be strengthening its current guidance to improve community understanding of noise impacts. Resolution by local government and police will be supported by a new handbook on noise investigation and understanding, to follow release of the Regulations.
For more information see: Consultation background
The Proposed Environment Protection (Residential Noise) Regulations 2008 (proposed Regulations) address issues raised in consultation, including changes around large-scale residential construction noise. The changes concern:
A Regulatory Impact Statement (RIS) has been prepared in accordance with the requirements of the Subordinate Legislation Act 1994 and the Guidelines issued under that Act.
The purpose of the RIS is to ensure that there is a rigorous assessment of the costs and benefits of regulatory proposals and their alternatives. The RIS concludes that the benefits of making the proposed Regulations outweigh the associated costs.
The RIS and proposed Regulations can be viewed here.