Part 5.3 of the Regulations covers noise. Division 1 requires the prediction, measurement, assessment, or analysis of noise within a noise sensitive area to be conducted in accordance with the Noise Protocol.

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

The Regulations establish standards and controls over music noise, which seek to balance the expectations of people living, sleeping and learning in areas around entertainment venues not to be disturbed by unreasonable levels of music noise, with the expectations of people seeking musical entertainment at indoor or outdoor entertainment venues.

Given the cultural importance and enjoyment of music in the community, it is important to understand the difference between music and music noise. 

In the Regulations: 

  • music means any combination of sounds produced by the playing of a musical instrument, by singing, recitation or dancing, or the reproduction of these
  • music noise means music and associated contemporaneous sounds heard in a noise sensitive area.

The key distinction between music and music noise is where it is heard and that music noise includes contemporaneous sounds in addition to the music itself.

People attend entertainment venues to listen to, experience and enjoy music, while music noise heard in people’s homes can interfere with sleep and domestic and recreation activities such as talking, reading, watching television and enjoyment of activities.

Also, the attenuation of sound caused by buildings and obstacles, or over distance, varies with the frequencies (the pitch) of the sound. This physical effect means that the balance of low frequencies (bass) to higher frequencies (often the musical melody) can change what is heard at locations away from the entertainment venue or event. Low frequency sounds are generally more intrusive in noise sensitive areas and can be the difference between music noise being unreasonable noise or not. 

The Regulations apply to music noise from entertainment venues and events. They differ for:

  • indoor entertainment venues
  • outdoor entertainment venues
  • outdoor entertainment events.

Reviewed 14 June 2024