The general environment duty (GED) changes the focus of noise compliance and enforcement. Under the GED and the Environment Protection Act 2017 (the Act) any source of noise can be unreasonable.
For residential premises, the proposed final Regulations outline:
- specific items and prohibited times for when noise from residential premises is unreasonable
- when noise from residential premises is aggravated.
For commercial, industrial and trade premises the proposed Regulations outline:
- how the noise level at noise sensitive areas is determined
- the levels at which noise is considered to be aggravated
- new noise sensitive areas where noise limits apply to childcare centres, kindergartens, primary and secondary schools, during their normal operating hours
- obligations for regional Victoria that were previously in guidance
- that noise from equipment used in an emergency is not assessed under the Regulations but may still be unreasonable under the Act. Testing of emergency equipment must continue to meet limits set in the Noise Protocol.
For indoor and outdoor entertainment venues and events, the proposed Regulations outline:
- noise limits that apply to indoor and outdoor entertainment venues and events
- the application of the Agent of Change principle, consistent with the Victoria Planning Provisions
- new noise sensitive areas where noise limits apply to tourist establishments, caravan parks and camping grounds (in defined rural areas). These don’t apply when an outdoor entertainment event is taking place or an outdoor entertainment venue is operating.
Learn more about the proposed noise framework.
Read more about the proposed final Regulations
Reviewed 21 December 2020