Music noise from outdoor entertainment venues and events

The Regulations for music noise from outdoor entertainment venues and events

Part 5.3, Division 4, Subdivision 3 of the Regulations applies to music noise from outdoor entertainment venues and outdoor entertainment events.

Outdoor entertainment venues

Outdoor entertainment venue means any premises (other than residential premises) where:

• music is played in the open air
• has substantial capacity for spectators, and
• can be totally enclosed and sound-proofed because of its size.

When determining whether it's feasible to enclose and sound-proof a premises, we may consider various factors, including:

• size of the venue
• costs of totally enclosing and sound-proofing the venue
• resources that are required, and
• suitability and availability of total enclosure and sound-proofing.

Examples include large outdoor arenas, and major sports and recreation facilities.

Outdoor entertainment events

An outdoor entertainment event is any event where music is played:

• for the purpose of entertaining an audience, and
• is held on public land including a road reservation, public open space, park, foreshore reserve or land of a similar nature.

This includes events held on public land in a temporary building or structure, such as a marquee, tent or temporary soundstage. This applies if the structure:

• is not a permanent fixture of the land, and
• is erected for the purposes of the event.

Examples of outdoor entertainment events may include:

• live music performances
• DJ performances and electronic dance music events, and
• dance, theatre or other performance-based events where music forms part of the entertainment provided to an audience.

Consider the purpose of the music in your event if you:

• are unsure if it needs to comply with the outdoor entertainment event noise limits, or
• may need an outdoor entertainment event permit.

If the music is a main feature and you expect people to listen, watch, or engage with it as entertainment, your event is likely outdoor entertainment event. Things which indicate this include:

• a designated performance area or stage
• advertised musical acts or performers
• scheduled performances
• music being promoted as a feature or attraction of the event.

An event is not considered an ‘outdoor entertainment event’ where music serves only as background or ceremonial purposes. Examples of activities that are generally not outdoor entertainment events include:

• events where music only serves commemorative, instructional or motivational purpose
• Anzac Day and other commemorative services such as Remembrance Day
• events where the music is a part of formalities to observe a solemn or important public or state occasion (such as funerals) and
• exercise classes and boot camps where music supports participation rather than entertains an audience.

Fun runs

A fun run is a sporting event which can include both amateur and professional runners.

You will not need an EPA permit provided that any music played doesn't exceed 45 dBA between:

• 6 am and 7 am, Monday to Saturday
• 6 am and 9 am, Sundays or a public holiday.

If you're louder than 45 dBA during those hours, you'll need an EPA permit.

Operations and concerts

An operation is an activity that emits music noise from an outdoor entertainment venue or outdoor entertainment event.

Concert means an operation at an outdoor entertainment venue or an outdoor entertainment event if the effective noise level exceeds 55 dB(A) (or 45 dB(A) if measured indoors) assessed as an LAeq of 15 cumulative minutes at any measurement point in a noise sensitive area (for example, people's homes) at least once during a 24-hour period.

If you're unsure whether your event will be a ‘concert’, one way of predicting this is if you plan to play music at or above 95 dBA within 15 meters of the front of the speakers. This is the noise level which professional music events typically aim for to meet audience expectations. It may be used as an initial screening threshold to identify potential impact to nearby residences.

Music noise from outdoor entertainment venues and events is managed using a combination of measures including noise limits, standard operating hours, and permits issued by us under the Environment Protection Act 2017.

Permits

Outdoor entertainment events and operations at outdoor entertainment venues will need a L05 permit if they occur outside standard operating hours. As concerts are louder, they will also need an L05 permit if they will last longer than 8 hours, even when it occurs during standard operating hours.

You also need to have an L06 permit if you plan to hold more than 6 concerts at a single location in one financial year. Read more about our permits.

5.1. Unreasonable noise from outdoor entertainment venues and events

Under Division 4 of Part 5.3 of the Regulations, music noise from an outdoor entertainment venue or outdoor entertainment event is unreasonable noise if:

• the effective noise level of the music noise exceeds the:
  • noise limit that applies to that venue or event at the time the noise is emitted, or
  • 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
• the music noise is audible within a noise sensitive area outside the times set out in any relevant EPA permit, or, where there is no permit, outside the standard operating hours for outdoor entertainment venues (regulation 128(2)) and outdoor entertainment events (regulation 129(2))
• the music noise is from a concert is emitted without an EPA permit that is required for the venue or event.

Noise may still be unreasonable under paragraph (a) of the definition of unreasonable noise having regard to the factors in that paragraph. Refer to unreasonable noise guidelines for detailed guidance on those factors.

5.1.1. Effective noise level and noise limits

Music noise from an outdoor entertainment venue or outdoor entertainment event is considered unreasonable noise if the effective noise level of the music noise exceeds the applicable noise limit.

The noise limit for music noise from an outdoor entertainment venue or event during the standard operating hours as set out in clause 91 of the Noise Protocol is shown in Table 3.

Table 3: Noise limit for music from an outdoor entertainment venue or event during standard operating hours

Indoor measurements may only be made in some circumstances; refer to the Noise Protocol clauses 106(b) and 106(c).

The noise limit for music noise from an outdoor entertainment venue or event is set to protect normal conversation during standard operating hours. That is, people in a residential area, or other noise sensitive area, should be able to conduct a normal conversation without raising the level of their voices.

Sleep and activities other than conversation at noise sensitive areas may be affected by music noise that's within the noise limit. Therefore, operations outside standard operating hours are restricted.

Docklands noise attenuation area

The noise limit for music noise from an outdoor entertainment venue or event as set out in clause 91 of the Noise Protocol (Table 3) does not apply to music noise from an outdoor entertainment venue or event where both the venue and the noise sensitive area where it is assessed are within the Docklands noise attenuation area.

In those circumstances, when the measurement point is located indoors, a minimum standard of 45 dB(A) is taken to be the relevant noise limit (clause 93, Noise Protocol).

The Melbourne Planning Scheme includes requirements for new or refurbished residential developments in the Docklands noise attenuation area. This includes appropriate acoustic measures to attenuate music noise to achieve a minimum standard of 45 dB(A) inside any sensitive room with windows and external doors closed (clause 94, Noise Protocol). To assess unreasonable noise from outdoor entertainment venues located within the Docklands noise attenuation area, a sensitive room is defined in the Noise Protocol as:

• any room of a dwelling or residential building, other than a bathroom, laundry, toilet, pantry, walk-in robe, corridor, stairs, lobby, photographic darkroom, clothes drying room and other spaces of specialised nature occupied neither frequently nor for extended periods, and
• any learning room within a kindergarten, childcare centre, primary or secondary school.

5.1.2. Standard operating hours

Music noise from an outdoor entertainment venue or event is prescribed to be unreasonable if it's audible within a noise sensitive area outside the standard operating hours or outside any times set out in a permit.

Time restrictions are placed on music noise being emitted from outdoor entertainment venues (regulation 128) and outdoor entertainment events (regulation 129) to ensure it does not cause intrusion during sleeping hours. Standard operating hours are shown in Table 4.

Table 4: Standard operating hours for outdoor entertainment venues and events

You must hold an EPA permit if:

• You emit music noise from an outdoor entertainment venue or event outside standard operating hours.
• You're holding a concert which will run for more than 8 hours.

5.1.3. Number of concerts held in a year

Concerts are operations with higher noise levels at outdoor entertainment venues and outdoor entertainment events. To control the impact on people in noise sensitive areas, the number of concerts that can be held at the same venue or location is regulated.

Only 6 concerts may be held in any financial year without requiring a permit from us. However, quiet musical entertainment at an outdoor entertainment venue or event that does not have an effective noise level above 55 dB(A) (assessed as an LAeq of 15 cumulative minutes at any measurement point in a noise sensitive area at least once during a 24-hour period) is not designated as a concert in the Regulations. While there are no restrictions on the number of these quiet musical events, they must operate within the standard operating hours and be less than 8 hours in length, unless they have an EPA permit.

5.1.4. Permits for outdoor entertainment venues

You may need an EPA permit to operate an outdoor entertainment venue or hold an outdoor entertainment event.

Outdoor entertainment venues

You need a permit for an operation at an outdoor entertainment venue if:

• the operation will occur outside standard operating hours (regulation 128(1)(a), (2)),
• the concert runs for more than 8 hours (regulation 128(1)(b)), or
• you intend to hold a concert at a location where 6 concerts have already been held that financial year (regulation 16(3), Schedule 1 item 77).

When a permit is issued for operations outside standard operating hours, the permit may impose conditions on the operations during the extended hours.

A single permit may be issued to an outdoor entertainment venue for multiple operations or concerts. In this case, we may impose additional conditions to ensure the operator complies with their obligations over the life of the permit.

Outdoor entertainment events

You need a permit for an outdoor entertainment event if:

• the operation will occur outside standard operating hours (regulation 129(1)(a), (2))
• the concert is held during the hours specified in regulation 129(1)(b)
• the concert runs for more than 8 hours (regulation 129(1)(c))
• you intend to hold a concert at a location where 6 concerts have already been held in a financial year (regulation 16(3), Schedule 1 item 77).

Permit conditions may be imposed

A single permit may be issued for an outdoor entertainment event for multiple operations or concerts held at the same location. In this case, we may impose additional permit conditions to ensure the operator complies with their obligations over the life of the permit. We require individual permit applications for each event when they are held at different locations, including if the events are organised by the same person or business.

Read about exceptions for fun run above.

More information

• Permit application requirements for outdoor entertainment venues and events.

5.2. Aggravated noise from outdoor entertainment venues and events

Under section 168 of the Act, a person must not emit, or permit the emission of, noise that is prescribed to be aggravated noise.

For an outdoor entertainment venue or an outdoor entertainment event, the noise emitted is prescribed to be aggravated noise if the effective noise level exceeds 80 dB(A), assessed as an LAeq of 15 cumulative minutes at any measurement point in a noise sensitive area at any time (regulation 131).